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File #: 12505-22    Version: 1 Name:
Type: Ordinance Status: Enacted
File created: 11/4/2022 In control: Chief Clerk
On agenda: Final action: 11/22/2022
Title: An Ordinance authorizing the County of Allegheny, through the Department of Public Works and the Law Department, to acquire by condemnation a permanent right-of-way, a slope easement and a temporary construction easement from one (1) parcel of land located at 3222 Mount Troy Road, Reserve Township, Allegheny County, required for the stabilization of Mount Troy Road (County Road No. 2312-02) and to take such further action as may be necessary under applicable law, including but not limited to the Eminent Domain Code.
Sponsors: Chief Executive
Attachments: 1. 12505-22 Exhibit A - Mt. Troy ROW 2312-0204.pdf, 2. 12505-22 Summary of Legislation.docx, 3. 36-22-OR 12505-22.pdf
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An Ordinance authorizing the County of Allegheny, through the Department of Public Works and the Law Department, to acquire by condemnation a permanent right-of-way, a slope easement and a temporary construction easement from one (1) parcel of land located at 3222 Mount Troy Road, Reserve Township, Allegheny County, required for the stabilization of Mount Troy Road (County Road No. 2312-02) and to take such further action as may be necessary under applicable law, including but not limited to the Eminent Domain Code.

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Whereas, the County Council of Allegheny County (the “Council”) deems it advisable to acquire by condemnation one (1) parcel of land located at 3222 Mount Troy Road, Reserve Township, Allegheny County, identified as Block & Lot No. 117-P-6, required for the stabilization of Mount Troy Road (County Road No. 2312-02) (the “Project”); and

Whereas, the Project has been depicted in the Right-of-Way Drawings identified as 2809-RW for the stabilization of Mount Troy Road (County Road No. 2312-02) located in Reserve Township, Allegheny County, County Project No. 2312-0204, approved September 26, 2022, recorded September 27, 2022 in the Allegheny County Department of Real Estate, Plans-Miscellaneous Book 314, Page 116, and marked as Exhibit A” attached hereto and made a part hereof; and

Whereas, the Department of Public Works has determined that the record owners of Block & Lot 117-P-6 are Leonard R. Jesteadt and Gracie K. Jesteadt, husband and wife (collectively the “Property Owner”); and

Whereas, despite reasonable efforts, concessions and accommodations made by the Department of Public Works over a period of several years, the County has been unable to reach an agreement with the Property Owner to amicably acquire the property identified on the Right-of Way Drawings marked as Exhibit “A” leaving no choice but to take such property through the exercise of eminent domain; and

Whereas, the Project constitutes a valid public purpose serving t...

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