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An Ordinance authorizing the County of Allegheny to acquire by condemnation certain right-of-way and temporary construction easement areas from a parcel required to stabilize the slope supporting Tarentum Culmerville Road south of Allegheny Valley Expressway (SR 28) in Tarentum Borough, and to take such further action as may be necessary under applicable law, including the Eminent Domain Code.
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Whereas, on or before January 18, 2017, a landslide occurred on Tarentum Culmerville Road at a location south of the Allegheny Valley Expressway (SR 28) bridge in Tarentum Borough that reduced the width of the roadway to one lane; and
Whereas, the County Council of Allegheny deems it advisable to acquire certain right-of-way and easement areas, being: 1,797 square feet of right-of-way and 6,727 square feet of temporary construction easement, required from a parcel of land of Hillsvale Coal Company, also called Hillsdale Coal Company in real estate tax records of the Allegheny County Real Estate Department, Parcel 1 within Tarentum Borough, County of Allegheny and Commonwealth of Pennsylvania (the “Parcel”) for the purpose of stabilizing the slope supporting Tarentum Culmerville Road south of the Allegheny Valley Expressway (SR 28) bridge, (the “Project”); and
Whereas, the Right-of-Way Drawings for said Project were recorded October 5, 2017 in the Allegheny County Department of Real Estate in Plans-Miscellaneous Volume 173, Page 8; and
Whereas, Hillsvale Coal Company acquired the Parcel by its deed dated September 13, 1921 and recorded in Allegheny County Real Estate Department in Deed Book Volume 2129, Page 492; and
Whereas, real estate tax liens for the Parcel were found going back to 1995; and
Whereas, after conducting a diligent search, Hillsvale Coal Company cannot be located; and
Whereas, the County Manager authorized the Law Department to clear the right of way for said Project by his Executive Action approved September 12, 2017, Executive Action No. 6558-17; and
Whereas, said Project constitutes a valid public purpose serving the 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 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 Acquire Parcels.
That Council deems it advisable and necessary to authorize the Law Department, in conjunction with the Department of Public Works, to obtain appraisals and title reports, to negotiate and acquire the parcels, to prepare the necessary petitions, resolutions and all other documents, including, but not limited to Declarations of Taking, Petitions to Deposit Estimated Just Compensation into Court and Petitions for Appointment of Viewers, all or some of which may be required for the Project.
Section 3. Authorization to Acquire Property by Condemnation.
That Council deems it advisable and necessary to acquire required right-of-way and temporary construction easements and take under the power of eminent domain part of the property of the following persons or corporations and to acquire title thereto in fee simple for right-of-way and an easement for the temporary construction easements, as necessary for the Project:
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PARCEL NO. |
RECORD OWNERS |
TAX PARCEL BLOCK & LOT NO. |
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1 |
Hillsvale Coal Company (right-of-way and temporary construction easement) |
1223-B-75 |
Said property is identified on a property 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.
Section 4. Notice to Interested Parties.
That Council directs the Department of Public Works in conjunction with the Law Department to notify interested parties as required by law of the adoption of this Ordinance with respect to property taken under the power of eminent domain.
Section 5. Application to Court.
That Council directs the Law Department to make immediate application to the Court of Common Pleas of Allegheny County for the purpose of having the value of said property legally ascertained.
Section 6. Severability. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance, which shall be in full force and effect.
Section 7. Repealer. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.