BOROUGH OF CALIFORNIA
COUNTY OF WASHINGTON
COMMONWEALTH OF PENNSYLVANIA
ORDINANCE NO. 520
AN ORDINANCE OF THE BOROUGH OF CALIFORNIA, WASHINGTON COUNTY, COMMONWEALTH OF PENNSYLVANIA AUTHORIZING THE CONVEYANCE OF A CERTAIN SECTION OF PROPERTY OWNED BY THE BOROUGH TO PETER J. CAPANNA IN EXCHANGE FOR THE CONVEYANCE TO THE BOROUGH OF A CERTAIN SECTION OF PROPERTY OWNED BY PETER J. CAPANNA AND LOCATED WITHIN THE BOROUGH; REPEALING INCONSISTENT ORDINANCES ANDRESOLUTIONS AND/OR PORTIONS OF INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the section of property currently owned by Peter J. Capanna that will be conveyed to the Borough will provide a benefit to the Borough as it will allow for direct access to theBorough storage area from State Route 88; and
WHEREAS, said section of property currently owned by Peter J. Capanna that will be conveyed to the Borough will provide a benefit to the Borough as it will allow for direct access tothe reserve parking area bythe Borough playground from State Route 88; and
WHEREAS, the piece of property currently owned by the Borough that will be conveyed to Peter J. Capanna provides no immediate benefit to the Borough due to its location.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Borough of California, County of Washington, and the Commonwealth of Pennsylvania, and it is hereby ordained and enacted as follows:
SECTION 1. PROPERTIES TO BE EXCHANGED.
The Borough Council of the Borough of California authorizes the conveyance of a certain section of property owned by the Borough in exchange for the conveyance to the Borough of a certain section of property owned by Peter J. Capanna and located within the Borough of California:
1. The legal description of the property to be conveyed to Peter J. Capanna from the Borough of California is as follows:
All that certain piece or parcel of land situate in the Borough of California, Washington County, Pennsylvania, more particularly bounded and described as follows:
Beginning at a 1’’ rebar found at a corner common to Peter J. Capanna, and Terbenie & Chandrawatee Ghooray and on a line of the Borough of California; thence with a division line through property of California Borough North 00° 01’ 57’’ West for a distance of 25.00 feet to an iron pin set; thence by same North 88° 26’ 27’’ East for a distance of 218.43 feet to an iron pin set; thence by same South 17° 06’ 51’’ East for a distance of 30.94 feet to an iron pin set on a line of Peter J. Capanna; thence by land of Capanna South 87° 30’ 00’’ West for a distance of 170.07 feet to an iron pin found; thence by same North 84° 00’ 00’’ West for a distance of 57.85 feet to the place of beginning; containing an area of 0.1567 acres as per survey of Fayette Engineering Company, Inc. dated February, 2009.
2. The legal description of the property to be conveyed to the Borough of California from Peter J. Capanna is as follows:
All that certain piece or parcel of land situate in the Borough of California, Washington County, Pennsylvania, more particularly bounded and described as follows:
Beginning at an iron pin set on a line of Peter J. Capanna on the northern side of SR-88 (Third Street); thence with a division line through land of Capanna North 17° 06’ 51’’ West for a distance of 29.67 feet to an iron pin set on a line of said Capanna and California Borough; thence by California Borough North 87° 30’ 00’’ East for a distance of 41.26 feet to an iron pin set at a corner common to said California Borough; thence by the same North 82° 53’ 43’’ East for a distance of 20.09 feet to an iron pin set; thence South 10° 00’ 00’’ West for a distance of 16.98 feet to an iron pin set on the northern side of SR-88; thence by the northern side of SR-88 South 72° 10’ 17’’ West for a distance of 51.98 feet to the place of beginning; containing an area of 0.0285 acres as per survey of Fayette Engineering Company, Inc. dated February, 2009.
SECTION 2. REPEAL OF PRIOR ORDINANCES AND RESOLUTIONS.
Any and all prior Ordinances and Resolutions and/or any portions of prior Ordinances and Resolutions that are in conflict with this Ordinance are hereby repealed to the extent of such conflict. The remaining prior Ordinances and Resolutions and/or portions of Ordinances and Resolutions, not modified herein, shall remain the same.
SECTION 3. SAVINGS CLAUSE.
Should any section, provision or other part of this Ordinance be found to be illegal, unenforceable or void, such shall not affect the remainder hereof, which shall remain fully binding, valid and enforceable, and such section, provision or other part shall be modified to the extent necessary to so conform to the law. The Borough Council of the Borough of California hereby declares its intention that should any section, provision or other part of this Ordinance be found to be illegal, unenforceable or void, it would not have taken the foregoing action and would have made the foregoing Ordinance without such part or with such part so modified so as to conform to the law.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon adoption by Borough Council.
DULY presented and adopted at a meeting of the Borough Council of the Borough of California, WashingtonCounty, Commonwealth of Pennsylvania, this _____ day of ______, 2009.
ATTEST:BOROUGH OF CALIFORNIA
______By: ______
Borough Secretary President of Council
EXAMINED AND APPROVED by me this ___day of______, 2009.
BOROUGH OF CALIFORNIA
By: ______
Mayor