Lease of Right-of-Way [27 Pa.B. 4046] Notice is hereby given that pursuant to Volume 67 Pa. Code, Chapter 495, Section 495.4, Par. D, Rules and Regulations covering the Administration of the Provisions of Act No. 37, approved March 13, 1974, and Act 251, as amended November 17, 1982, amending Section 2002, Act of April 9, 1929, P. L. 177, (No. 175) known as the Administrative Code of 1929, an application has been made to the Pennsylvania Department of Transportation by McDonald's Corporation, who seeks to lease highway right-of-way located near the intersection of Haynes Street and Napoleon Street, in the City of Johnstown, PA, associated with highway L. R. 11011, Section 2. The intended use of the property is parking. The Department proposes to delete the provision in the proposed lease which provides that the Department may terminate the lease upon thirty days written notice if the premises or any portion thereof is needed for transportation purposes. This lease provision is included due to a regulation providing that all joint use leases shall be subject to the Secretary's right of termination upon prior written notice when, in the opinion of the Secretary, the real property subject to the lease is required to improve safety or flow of traffic. 67 Pa. Code § 495.6(e). Upon a showing of good cause by the lessee, the Secretary may waive compliance with this provision, provided, however, that the intention to waive compliance and the reasons therefor are published in the Pennsylvania Bulletin at least thirty days in advance of the waiver. Pa. Code § 495.10. A waiver is being made to the lease to accommodate Johnstown Redevelopment Authority in securing a tenant. Interested persons are invited to submit written comments, suggestions and/or objections to the approval of the application within 30 calendar days from the date of publication of this notice to Earl L. Neiderhiser, P.E., District Engineer, Engineering District 9-0, 1620 North Juniata Street, Hollidaysburg, PA 16648.
BRADLEY MALLORY,
Secretary[Pa.B. Doc. No. 97-1264. Filed for public inspection August 8, 1997, 9:00 a.m.]
