RESOLUTION
NO. 110-08
A RESOLUTION OF THE WEST MIFFLIN SANITARY
SEWER MUNICIPAL AUTHORITY, COUNY OF ALLEGHENY AND COMMONWEALTH OF PENNSYLVANIA,
TO AUTHORIZE THE FILING OF A DECLARATION OF TAKING IN ORDER TO CONDEMN A TWENTY-FOOT
EASEMENT ON THE GROUND ACROSS EACH OF THE LANDS NOW OR FORMERLY OF LINDA LEE
VARGO (LOT AND BLOCK 387-L-67) AND NOW OR FORMERLY OF ANDREW J. DEPRETIS AND
CARLA J. DEPRETIS (LOT AND BLOCK 387-L-57) FOR THE PURPOSES OF CONSTRUCTING
A SANITARY SEWER LINE.
WHEREAS,
pursuant to the Municipal Authorities Act, 53 Pa.C.S.
§§ 5607(d)(15) and 5615, the West Mifflin Sanitary Sewer Authority has the
power of eminent domain to be exercised in the same manner as the municipality
forming the West Mifflin Sanitary Sewer Municipal Authority.
WHEREAS,
pursuant to the Pennsylvania Borough Code, 53 P.S. § 501, the Borough of West
Mifflin has the power to enter upon, appropriate, injure, or destroy, private
lands, property or material, for the construction of sewers and sewerage systems
according to the proceedings set forth in the law governing eminent domain.
WHEREAS,
the West Mifflin Sanitary Sewer Municipal Authority seeks to construct a sanitary
sewer line which, in part, would cross the lands now or formerly of Linda
Lee Vargo (Lot and Block 387-L-67) and now or formerly of Andrew
J. Depretis and Carla J. Depretis
(Lot and Block 387-L-57) located in the Borough of West Mifflin, County of
Allegheny, Commonwealth of Pennsylvania.
WHEREAS,
it is advisable to condemn easements across said lands as they are needed
for the construction of the sanitary sewer line.
WHEREAS,
it is furthermore advisable to condemn these easements across these lands
as they have not able to be obtained through negotiation.
WHEREAS,
the easements to be condemned are twenty feet wide, for the purposes of allowing
free ingress, egress, and/or regress related to and proper for the construction,
reconstruction, renewal, replacement, repair and/or maintenance of sanitary
sewers used by the West Mifflin Sanitary Sewer Municipal Authority for the
conveyance of sanitary sewer water.
NOW, THEREFORE, BE IT RESOLVED AND ADOPTED by the Board of Directors of the West Mifflin Sanitary
Sewer Municipal Authority that it authorizes the filing of a declaration of
taking in order to condemn a twenty-foot easement on the ground across each
of the lands now or formerly of Linda Lee Vargo
(Lot and Bloc 387-L-67) and now or formerly of Andrew J. Depretis
and Carla J. Depretis (Lot and Block 387-L-57) for
the purposes of constructing a sanitary sewer line.
RESOLVED AND ADOPTED by the Board of Directors of West Mifflin Sanitary
Sewer Municipal Authority this 7th day of February 2008.