An ordinance vacating a portion of Stephen’s or Stephenson Alley, and unopened alley, which lies between Third Street and Emmery’s Alley in the Borough of Darlington, County of Beaver and Commonwealth of Pennsylvania.
Whereas, the owners of the Lots No. 68 and 69 in the General Plan of the Borough of Darlington, which property abuts Stephen’s or Stephenson Alley, entered into an Agreement on June 7, 1976, with the Borough of Darlington concerning the adoption of an ordinance vacating said alley; and
Whereas, under the terms of said agreement the Borough of Darlington agreed to con duct vacating proceeding so as to vacate said portion of Stephen’s or Stephenson Alley under certain terms and conditions agreed to by said owners of abutting property.
Therefore, be it enacted and ordained by the Borough of Darlington, in the County of Beaver and Commonwealth of Pennsylvania, and it is hereby enacted and ordained by said authority as follows:
Sec. 1. All of the portion of Stephen’s or Stephenson Alley, having a width or twelve
- feet and a distance of one hundred forty-one and 19/100 (141.19) feet as said por tion of alley extends from Third Street northwardly to Emmery’s Alley in the said Bo rough of Darlington, be and the same is hereby vacated.
Sec. 2. Said property owners of Lots No. 68 and 69, names in the aforesaid Agree ment, their heirs and assigns, shall grant and convey unto the Borough of Darlington, for use as an alley that portion of the land now to be vacated as a portion of Stephenson Alley without cost or charge on the part of the Borough, upon the occurrence of either of the following conditions:
- Upon the decision by said owners of Lots 68 and 69, their heirs and assigns, to sell or convey said Lots No. 68 and 69 to separate owners so that said Lots No. 68 and 69 would then be owned by separate individuals or entities; or
- In the event the buildings upon said Lots No. 68 and 69 are removed for any rea son, except by reason of fire or other casualty, in which case said owners, their heirs and assigns, shall have a period of sixty (60) days wherein to start recon struction or replacing the said buildings; and thereafter shall have a period of one ( 1 ) year for completion.
Sec. 3. The owners of said property of Lots No. 68 and 69 named in the aforesaid Agreement shall pay the costs and expenses incident to the publication of this Ordin ance and all other costs incident to this vacation.
Enacted and ordained into an Ordinance by the Borough of Darlington, in the County of Beaver and Commonwealth of Pennsylvania, this 2nd day of August, 1976.
Ernest R. Thompson, President of Council
Attest: Rayburn Duffy, Secretary of Council Approval of the Mayor
I hereby approve the above Ordinance No. 308 this 2nd day of August, 1976.
- W. Myers, Mayor