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File #: 2008-0480    Version: 1
Type: Resolution Status: Passed Finally
File created: 6/3/2008 In control: Committee on Public Works
On agenda: Final action: 6/17/2008
Enactment date: 6/17/2008 Enactment #: 345
Effective date: 6/19/2008    
Title: Resolution vacating portions of a Colwell Street, Congress Street, Elm Street and Our Way in the 3rd Ward, 6th Council District, of the City of Pittsburgh.
Indexes: VACATING A STREET
Attachments: 1. 2008-483.doc
Presenter
Presented by Mrs. Harris
 
Title
Resolution vacating portions of a Colwell Street, Congress Street, Elm Street and Our Way in the 3rd Ward, 6th Council District, of the City of Pittsburgh.
 
Body
WHEREAS, it appears by the petition and affidavit on file in the Office of the City Clerk that the owners of Colwell Street, Congress Street, Elm Street and Our Way in the 3rd Ward, 6th Council District of the City of Pittsburgh, have petitioned the council of the City of Pittsburgh to enact a resolution for the vacation of same, and
 
WHEREAS, said petition contains inter-alia, an indemnification of the city from any claims and from the payment of any damages whatsoever resulting to any properties owned by the petitioners or by and persons whatsoever, abutting or non-abutting, for or by reason of said vacation; therefore
 
Be it resolved by the Council of the City of Pittsburgh as follows:
 
Section 1.        That vacating portions of Colwell Street, Congress Street, Elm Street and Our Way:
 
COLWELL STREET:
All that certain lot or parcel of land situate in the 3rd Ward, City of Pittsburgh, County of Allegheny, Commonwealth of Pennsylvania, more particularly bounded and described as follows:
 
Beginning a point on the easterly right of way line of Washington Place, on the southerly right of way line of Colwell Street, 60' wide; thence along the easterly right of way line of Washington Place, the following two (2) courses and distances, viz: by an arc of a circle deflecting to the left in a northwestwardly direction, having a radius of 411.00', an arc distance of 57.36' (chord bearing and distance, North 17º 05' 02" West, 57.31) to a point; thence North 21º 04' 54" West, 30.74' to a point on the northerly right of way line of Colwell Street, 60' wide; thence along the northerly right of way line of Colwell Street, 60' wide, the following four(4) courses and distances, viz: by an arc of a circle deflecting to the left in a southeastwardly direction, having a radius of 15.00', an arc distance of 23.56' (chord bearing and distance, South 66º 04' 54" East, 21.21') to a point; thence North 68º 55' 06" East, 52.54' to a point; thence by an arc of a circle deflecting to the right in a northeastwardly direction, having a radius of 240.00', an arc distance of 101.78' (chord bearing and distance, North 81º 04' 02' East, 101.02') to a point; thence South 86º 47' 02" East, 544.92' to a point: thence through Colwell Street, 60' wide and Magee Street, 64' wide, South 03º 12' 58" West, 66.00' to a point on the westerly right of way line of Magee Street, 64' wide; thence along the westerly right of way line of Magee Street, 64' wide, by an arc of a circle deflecting to the left in a northwestwardly direction, having a radius of 6.00', an arc distance of 9.42' (chord bearing and distance, North 41º 47' 02' West, 8.49') to a point on the southerly right of way line of Colwell Street, 60' wide; thence along the southerly right of way line of Colwell Street, 60' wide, the following four(4) courses and distances, viz: North 86º 47' 02" West, 538.92' to a point; thence by an arc of a circle deflecting to the left in a southwestwardly direction, having a radius of 180.00', an arc distance of 76.33' (chord bearing and distance, South 81º 04' 02" West, 75.76') to a point; thence south 68º 55' 06' West, 56.58' to a point; thence by an arc of a circle deflecting to the left in a southwestwardly direction, having a radius of 15.00", an arc distance of 21.47' (chord bearing and distance, South 27º 54' 58" West, 19.68') to the place of beginning.
 
Contains 42,217.91 Sq. Ft. or 0.969 Acres
 
CONGRESS STREET:
All that certain lot or parcel of land situate in the 3rd Ward, City of Pittsburgh, County of Allegheny, commonwealth of Pennsylvania, more particularly bounded and described as follows:
 
Beginning at a point on the northerly right of way line of Fifth Avenue, on the westerly right of way line of Congress Street; thence along the westerly right of way line of Congress Street, North 25º 52' 07" West, 160.50' to a point on the northerly right of way line of Congress Street; thence along the northerly right of way line of Congress Street, North 64º 07' 53" East, 40.05' to a point on the easterly right of way line of Congress Street; thence along the easterly right of way line of Congress Street, South 25º 52' 07" East, 182.77' to a point on the northerly right of way line of Fifth Avenue; thence along the northerly right of way line of Fifth Avenue, North 86º 47' 02 " West, 45.83' to the place of beginning.
 
Contains 6873.98 Sq. Ft. or 0.158 Acres
 
ELM STREET (PART 1):
All that certain lot or parcel of land situate in the 3rd Ward, City of Pittsburgh, County of Allegheny, Commonwealth of Pennsylvania, more particularly bounded and described as follows:
 
Beginning at a point on the westerly right of way line of Elm Street, 27' wide, on the southerly right of way line of Colwell Street, 60' wide; thence along the southerly right of way line of Colwell Street, 60' wide, South 86º 47' 02" East, 59.62' to a point on the easterly right of way line of Elm Street, 27' wide; thence along the easterly right of way line of Elm Street, 27' wide, the following two (2) courses and distance, viz: by an arc of a circle deflecting to the left in a southwesterly direction, having a radius of 10.00" an arc distance of 20.77' (chord bearing and distance, South 33º 43' 34" West, 17.23') to a point; thence South 25º 45' 49" East, 129.36' to a point on the southerly right of way line of Our Way, 28' wide; thence along the southerly right of way line of Our way, 28' wide, North 86º 47' 02" West, 30.87' to a point on the westerly right of way line of Elm Street, 27' wide; thence along the westerly right of way line of Elm Street, 27' wide, the following two (2) courses and distances, viz: North 25º 45' 49" West, 134.55' to a point; thence by arc of a circle deflecting to the left in a northwestwardly direction, having a radius of 20.00', an arc distance of 21.30' (chord bearing and distance, North 56º 16' 25" West, 20.31')to the place of beginning.
 
Contains 4,039.55 Sq. Ft. or 0.093 Acres
 
ELM STREET (PART 2)
All that certain lot or parcel of land situate in the 3rd Ward, City of Pittsburgh, County of Allegheny, Commonwealth of Pennsylvania, more particularly bounded and described as follows:
 
Beginning at a point on the northerly right of way line of Fifth Avenue, on the westerly line of Elm Street, said point being the southeast corner property now or formerly Laborers' Combined Funds of Western PA; thence along the westerly line of Elm Street, said line being the easterly line of property now or formerly Laborers' Combined Funds of Western PA, North 25º 45' 49" West, 101.69" to a point on the southerly right of way line of Our Way, 28' wide; thence along the southerly right of way line of Our Way , 28' wide South 86º 47' 02" East, 27.37' to a point on the easterly line of Elm Street, said point being the northwest corner of property now or formerly Peter J. Teris; thence along the easterly line of Elm Street, said line being the westerly line of property now or formerly Peter J. Teris, South 25º 02' 02" East, 100.98' to a point on the northerly right of way line of Fifth Avenue; thence along the northerly right of way line of Fifth Avenue, North 86º 47' 02" West, 25.90' to the place of beginning.
 
Contains 2, 369.19 Sq. Ft. or 0.054 Acres
 
OUR WAY
All that certain lot or parcel of land situate in the 3rd Ward, City of Pittsburgh, County of Allegheny, Commonwealth of Pennsylvania, more particularly bounded and described as follows:
 
Beginning at a point on the southerly right of way line of Our Way, 28' wide, on the easterly right of way line of Elm Street, 27' wide; thence along the easterly right of way line of Elm Street, 27' wide, North 25º 45' 49" West, 60.88' to a point on the northerly right of way line of Our Way, 28' wide; thence along the northerly right of way line of Our Way 28' wide, the following two(2) courses and distances, viz: by an arc of a circle deflecting to the left in a southeastwardly direction, having a radius of 49.00', an arc distance of 52.19' (chord bearing and distance South 56º 16' 25" East, 49.75') to a point; thence South 86º 47' 02" East, 66.65' to a point; thence through Our Way, 28' wide, South 03º 12' 58" West, 28.00' to a point on the southerly right of way line of Our Way, 28' wide, at the northwest corner of property now or formerly Dosco, Inc.; thence along the southerly right of way line of Our Way, 28' wide, North 86º 47' 02" West, 80.01' to a point to the place of beginning.
 
Contains 2,593.78 Sq. Ft. or 0.060 Acres
 
Section 2:
 
1.      The Water Index Plat 002G indicates that there is an existing 8" waterline in Elm Street and an existing 6"/8" waterline in Congress Street.  There also in an existing 12" waterline in Colwell Street with an existing 6"/8" connecting waterline through private property to the 12" waterline in Center Avenue.
2.      The Sewer Index Plat 002.1 indicated that there is an existing 24" combination sewerline located in Colwell Street and an existing 18" combination sewerline located in Our Way.
 
All of the above mentioned facilities and appurtenances can be abandoned and/or relocated provided that the Sports and Exhibition Authority (SEA) terminates reconstructs and/or relocates said PWSA public infrastructure by filing approved construction plans, tap termination plans, tap-in plans and agreements.
 
In the 3rd Ward, 6th Council District of the city of Pittsburgh as described above, per Exhibit A, shall be and the same is herby vacated.