Presenter
Presented by Ms. McDonald
Title
Resolution authorizing the City of Pittsburgh to grant a permanent storm drainage easement to the Borough of Mount Oliver for a 48 inch storm sewer replacement on City property parcel 32-J-151, on Wagner Street in the 16th Ward at no cost to the City of Pittsburgh.
Body
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1.
Whereas: The City of Pittsburgh own certain property fronting on Wagner Street in the 16th Ward, Block 32 J, Lot 151 which contains a 60 inch storm sewer connector; and
Whereas: The Borough of Mount Oliver is under a mandate from the Pennsylvania Department of Environmental Protection to install a new storm system along Anthony Street and Walter Avenue within Mount Oliver Borough and adjacent to Wagner Street within the City of Pittsburgh to connect to the existing storm sewer on City property; and
Whereas: The Borough of Mount Oliver desires to obtain a permanent sewer easement to allow construction of this 48 inch storm sewer connection and eliminate erosion occurring along the stream bank located on City of Pittsburgh property; and
Whereas: The Borough of Mount Oliver has discussed this project with the Pittsburgh Water and Sewer Authority and has their concurrence for this improvement; and
Whereas: The Borough of Mount Oliver will complete this construction at no cost to the City of Pittsburgh and the Pittsburgh Water and Sewer Authority.
Section 1. The Mayor and the Director of the Department of Finance on behalf of the City of Pittsburgh are hereby authorized to execute an agreement with the Borough of Mount Oliver for a permanent storm drainage easement across City of Pittsburgh property, Block 32 J, Lot 151 in the 16th Ward. Said agreement shall be in form approved by the City Solicitor and shall contain such terms and conditions for the protection of the City of Pittsburgh as said Solicitor may require.
Description of utility easement
All that certain easement for storm drainage, situate in the 16TH Ward, City of Pittsburgh, Allegheny County, Pennsylvania, more particularly bound and described as follows:
Beginning at a point at the intersection of the southerly right of way line of Wagner Street, 40.00 feet wide, and the easterly side of a proposed easement for storm drainage, said point being in a westerly direction a distance of 60 feet, more or less, from a point on the southerly right of way line of Wagner Street at the line dividing lands now or formerly of the City of Pittsburgh and lands now or formerly of the School District of Pittsburgh; thence from said point of beginning by the easterly side of said proposed storm drainage easement and through lands now or formerly of the City of Pittsburgh in a southerly direction a distance of 45 feet, more or less, to a point on the southerly side of said proposed storm drainage easement; thence by the southerly side of said proposed storm drainage easement and continuing through lands now or formerly of the City of Pittsburgh in a westerly direction a distance of 70 feet, more or less, to a point on the westerly side of said proposed storm drainage easement; thence by the westerly side of said proposed storm drainage easement and continuing through lands now or formerly of the City of Pittsburgh in a northerly direction a distance of 35 feet, more or less, to a point on the southerly right of way line of said Wagner Street; thence by the southerly right of way line of said Wagner Street in an easterly direction a distance of 70 feet, more or less, to the point of beginning.
Section 2. Be it further resolved that the privilege and easement hereby granted shall be subject to the following terms and conditions:
.
A. The Borough of Mount Oliver shall bear the full cost and expense of the installation, construction, use and maintenance of said permanent utility easement.
B. The Borough of Mount Oliver shall hereby indemnify, save harmless, and defend the City of Pittsburgh from any and all damages or claims for damages arising by reason of said construction, installation, maintenance or use.
C. All related costs or charges, if any shall be paid by the Borough of Mount Oliver.