Presenter
Presented by Mr. Koch
Title
Resolution granting to the Pittsburgh Water and Sewer Authority an easement and a temporary right-of-way and construction easement for a relocated and reconstructed storm sewer line in Sheraden Park.
Body
WHEREAS, the Pittsburgh Water and Sewer Authority ("PWSA") operates the City's water and sewer system pursuant to a Capital Lease Agreement between the parties; and
WHEREAS, the PWSA currently operates a combination sewer line in City-owned Sheraden Park; and
WHEREAS, the City and the United States Army Corps of Engineers have agreed to reconfigure this combination sewer to remove the stream inflow and to reroute the storm sewer and separate it from the sanitary sewer line (the "Sheraden Park Project"); and
WHEREAS, the PWSA is the official Non-Federal Sponsor of the Sheraden Park Project;
WHEREAS, in order to effectuate this reconfiguration, the PWSA hereby seeks an easement over the subject property from the City; and
WHEREAS, the PWSA is further seeking a Temporary Right-of-Way and Construction Easement across the subject property from the City for temporary access roads and a staging area for and during the Sheraden Park Project; and
WHEREAS, the City has agreed to enter into an Easement Agreement and an Agreement Providing for Temporary Right-of-Way and Construction Easement with the PWSA to facilitate the Sheraden Park Project.
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. The Mayor and the Directors of the Department of Public Works and Parks and Recreation, on behalf of the City of Pittsburgh, are hereby authorized to execute an Easement Agreement granting to the PWSA an easement of approximately 2.39 acres across City of Pittsburgh property in Sheraden Park as is further described in the legal description for Tract #1, which is attached hereto as Exhibit A-1 and is depicted on the Permanent Sewer Easement Plan attached hereto as Exhibit A-2. Said Easement Agreement shall be in the form approved by the City Solicitor and shall contain such terms and conditions for the protection of the City of Pittsburgh and Sheraden Park as the Solicitor may require.
Section 2. The Mayor and the Directors of the Department of Public Works and Parks and Recreation, on behalf of the City of Pittsburgh, are hereby further authorized to execute an Agreement Providing for Temporary Right-of-Way and Construction Easement granting to PWSA a temporary right-of-way and construction easement of approximately 3.67 acres across City of Pittsburgh property in Sheraden Park as is further described in the legal description for Tracts #2A, #2B, and #3A, which are attached hereto as Exhibits B-1, B-2, and B-3 respectively, and are depicted on the Temporary Road and Work Area Easements Permanent Sewer Easement Plan attached hereto as Exhibit B-4. Said Agreement Providing for Temporary Right-of-Way and Construction Easement shall be in the form approved by the City Solicitor and shall contain such terms and conditions for the protection of the City of Pittsburgh and Sheraden Park as the Solicitor may require.
Section 3. The privileges and easements hereby granted shall be subject to the following terms and conditions as shall be more specifically set forth in the Agreements authorized by this Resolution:
a) PWSA and/or the United States Army Corps of Engineers shall bear the full cost and expense of the installation, construction, use and maintenance of said easement and temporary right-of-way and construction easement.
b) To the maximum extent permitted by law, PWSA shall indemnify, save harmless, and defend the City of Pittsburgh from any and all damages or claims for damages, whether to property or to person, arising by reason of the construction, installation, and maintenance of the relocated lines.
c) PWSA shall restore the easement areas in to a condition reasonably commensurate with pre-work conditions.
d) Through payment from the United States Army Corps of Engineers, PWSA shall pay to the City Six Thousand Dollars ($6,000) for the for the permanent easement and Nine Thousand Dollars ($9,000) for the temporary right-of-way and construction easement, which amount shall be due on the date of the signing of this agreement.