Presenter
Presented by Ms. Carlisle
Title
Resolution taking, appropriating and condemning by the City of Pittsburgh, for public park purposes, a portion of certain property in the 14th Ward of the City of Pittsburgh, owned by Patricia Kennedy, authorizing the payment of just compensation and necessary and incidental acquisition costs related thereto, and designating the Urban Redevelopment Authority of Pittsburgh as the City's acquisition agent. (Council District No. 5).
body
Whereas, the City of Pittsburgh deems it proper and expedient to exercise the power of eminent domain invested in it for the acquisition of the real estate hereinafter described to be used for public purposes as an extension of Frick Park, a public park, as part of the Nine Mile Run Watershed Ecosystem Restoration;
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. A portion of Block 129-J, Lot Nos. 33 and 35 in the 14th (formerly 22nd) Ward of the City of Pittsburgh, owned by Patricia Kennedy, shall be and the same is hereby taken for public use for public park purposes as an extension of Frick Park, said property being more fully described as follows:
Beginning at a point on the northeasterly line of an unnamed alley, 15 feet wide, at the line dividing the parcel herein described from Lots Nos. 45, 46 and 47 of the Plan of Lots laid out for E.E. Fulmer, Esquire, as same is recorded in the Recorder's Office of Allegheny County, Pennsylvania, in Plan Book Volume 14, Page 64, said point being located, North 45° 32' 31" West, a distance of 113.55 feet, from the northwesterly line of McFarren Avenue, 40 feet wide; thence from said point of beginning along said unnamed alley, North 45° 32' 31" West, a distance of 6.55 feet, to a point on the southeasterly line of Elwain Street, 33 feet wide; thence along the southeasterly of Elwain Street, South 42° 09' 29" West, a distance of 7.51 feet to a point; thence continuing along a line through said Elwain Street, North 47° 50' 31" West, a distance of 16.50 feet to a point on the centerline of said Elwain Street; thence along said centerline, North 42º 09' 29" East, 74.69 feet to a point at the dividing line between Lots Nos. 47 and 48, projected, of the Plan of Lots laid out for E.E. Fulmer, Esquire, as same is recorded in the Recorder's Office of Allegheny County, Pennsylvania, in Plan Book Volume 14, Page 64; thence along said dividing line and its projection, South 47º 50' 31" East, a distance of 25.14 feet to a point at the dividing line of the parcel herein described and Lots Nos. 45, 46 and 47, aforementioned; thence along said dividing line the following three courses and distances: 1) South 23º 43' 02" West, a distance of 4.87 feet; 2) South 42º 39' 00" West, a distance of 55.70 feet to a point; and 3) South 66º 04' 38 West, a distance of 7.79 feet to a point on the northeasterly line of an unnamed alley, 15 feet wide, aforementioned, said point being at the place of beginning.
Containing 1,886 square feet.
The City of Pittsburgh does hereby elect and resolve to take, use, appropriate and condemn said real estate for public park purposes.
Section 2. Urban Redevelopment Authority of Pittsburgh ("URA") is hereby designated as acquisition agent for the City of Pittsburgh and is authorized to file a Declaration of Taking in the name of the City, to make payment of just compensation and all necessary and incidental acquisition expenses, said payment to be made from funds transferred to URA pursuant to a Cooperation Agreement authorized by Resolution No. 648, effective October 17, 2001 and to execute a license or right of entry agreement with the U.S. Army Corps of Engineers ("ACOE") allowing ACOE and its contractors access to the property described in Section 1.