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File #: 4740-09    Version: 1 Name: An Ordinance authorizing the County of Allegheny to clear the right-of-way for, and to acquire by condemnation certain parcels of land for this project, and to take such further action as may be necessary under applicable law, including the Eminent Domain
Type: Ordinance Status: Approved
File created: 4/7/2009 In control: Committee on Public Works
On agenda: Final action: 4/21/2009
Title: An Ordinance authorizing the County of Allegheny to clear the right-of-way for, and to acquire by condemnation certain parcels of land for this project, and to take such further action as may be necessary under applicable law, including the Eminent Domain Code.
Sponsors: Chief Executive
Attachments: 1. 18-09-OR Bill No. 4740-09.PDF

Title

An Ordinance authorizing the County of Allegheny to clear the right-of-way for, and to acquire by condemnation certain parcels of land for this project, and to take such further action as may be necessary under applicable law, including the Eminent Domain Code.

 

Body                     

Whereas, the County Council of Allegheny deems it advisable to clear the right-of-way for the reconstruction of Jacks Run Bridge No. 1, Project No. JA01-0101, carrying Lincoln Avenue in the Borough of Bellevue and California Avenue in the City of Pittsburgh, 27th Ward, within the County of Allegheny and Commonwealth of Pennsylvania (the "Project"), and

 

Whereas, said Project constitutes a valid public purpose serving the transportation interests of the residents of the County of Allegheny, and

 

                     Whereas, the County Council of Allegheny County deems it advisable to acquire by condemnation, certain land hereinafter described, as necessary, for additional right-of-way and easements for the Project.

 

The Council of the County of Allegheny hereby enacts as follows:

 

Section 1.                       Incorporation of the Preamble.

                                                               The provisions set forth in the preamble to this Ordinance are incorporated by reference in their entirety herein.

 

Section 2.                       Authorization to Clear Right-of-Way.

 

                                          County Council deems it advisable and necessary to acquire the required rights-of-way and easements and other property interests that may be required to clear the right-of-way, for the Project.

 

Section 3.                       Authorization to Acquire Property by Condemnation.

 

                                          That Council deems it advisable and necessary to acquire in fee simple and take under the power of eminent domain the property of the following persons or corporations and to acquire title thereto in fee simple, as necessary to reconstruct the Project:

 

PROJECT PARCEL NO.

RECORD OWNER

TAX PARCEL BLOCK & LOT NO.

 

7

Edward Williams and Jacob Wolff

114-E-78

9

Arthur J. McSorley and Annie McSorley (husband and wife)

114-E-140

                           

                                          Said properties are identified on a Right-of-Way drawing marked "Exhibit A", attached hereto and made part hereof.  Entry upon, appropriation and the taking thereof is hereby authorized and directed, for the purpose of the Project.

 

SUMMARY PAGE

DRAFT ORDINANCE TO CLEAR THE RIGHT-OF-WAY

AND ACQUIRE BY CONDEMNATION

JACKS RUN BRIDGE NO. 1

LINCOLN AVENUE IN BELLEVUE BOROUGH AND

CALIFORNIA AVENUE IN THE CITY OF PITTSBURGH, 27TH WARD

PROJECT NO. JA01-0101

March 12, 2009

 

                     Jacks Run Bridge No. 1 has structurally deteriorated to the point that it needs to be reconstructed.  We have been unable to locate the owners of two properties affected by the project.  The deed for Parcel 7 was recorded June 27, 1906 and the deed for Parcel 9 was recorded October 24, 1931.  We, regrettably, need to resort to the County's power of Eminent Domain to reconstruct the bridge.

 

We seek approval by County Council as soon as possible to file Declarations of Taking, as required by the County Administrative Code.