Title
Resolution authorizing the Mayor, the Director of Finance, and the Director of Public Works to enter into an easement agreement or agreements with the Allegheny County Sanitary Authority (“ALCOSAN”) for certain work to be performed on three City-owned parcels, being identified by the Allegheny County Department of Real Estate as 9-E-200-9 (RIVER ALY, PITTSBURGH, PA 15212, COUNCIL DISTRICT 1), 7-L-31 (BEAVER AVE, PITTSBURGH, PA 15233, COUNCIL DISTRICT 6), and 7-M-110-9 (SPROAT WAY, PITTSBURGH, PA 15233, COUNCIL DISTRICT 6), at no cost to the City, and to accept just compensation therefor.
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WHEREAS, the City (“Grantor”) is the owner in fee simple of those certain parcels of real property located in the 21st and 23rd Wards of the City of Pittsburgh, County of Allegheny, Commonwealth of Pennsylvania, being identified as Parcel Tax ID Nos. 9-E-200-9, 7-L-31, and 7-M-110-9 (the “Properties”); and
WHEREAS, ALCOSAN is authorized and empowered by Subsections (d)(4), (5) and (15) of Section 5607 of the Municipality Authorities Act of June 19, 2001, P.L. 287, No. 22, 53 Pa.C.S. §§ 5601-5622, to hold or acquire by lease, purchase or condemnation any lands, rights, easements, franchises and other property, whether real, personal or mixed, deemed necessary or desirable for carrying out its purposes, including, without limitation, to construct, improve, maintain, repair and operate projects; and
WHEREAS, in January 2008, ALCOSAN entered into, and remains subject to, a Consent Decree with the U.S. Department of Justice, the U.S. Environmental Protection Agency, the Pennsylvania Department of Environmental Protection, and the Allegheny County Health Department, as amended, that requires, among other things, improvements to its sanitary sewer system, specifically including infrastructure improvements in the form of a new regional tunnel system, with tunnel segments along the Ohio, Allegheny, and Monongahela Rivers approximately 150 feet below the surface, in order to reduce combined sewer flows by separating stormwater runoff from the sanitary sewer system (the “Tunnel Project”); and
WHEREAS, the completion of the Tunnel Project requires the acquisition of certain easements, as shown on the plans attached as Exhibits A, B, and C hereto, through the Properties; and
WHEREAS, the specific work to be performed on parcel 9-E-200-9 is the construction of a flap gate and dewatering sewer, along with access and long-term maintenance of the flap gate, outfall structure, and existing combined sewer along the Allegheny River, and access and long-term maintenance of the existing sewer regulator and outfall along the Allegheny River; and
WHEREAS, the specific work to be performed on parcels 7-L-31 and 7-M-110-9 is the construction and long-term maintenance of a sewer and a new outfall along the Ohio River, to provide contractor access to the proposed outfall and flap gate along the Ohio River during construction, and to provide for laydown area during construction; and
WHEREAS, to support the Tunnel Project, the City of Pittsburgh is willing to grant the easements requested by ALCOSAN in exchange for payment of just compensation therefor.
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. The Mayor, the Director of Finance, and the Director of Public Works, on behalf of the City of Pittsburgh, are authorized to enter into an easement agreement or agreements with ALCOSAN for the purposes herein described on City-owned parcels 9-E-200-9 (RIVER ALY, PITTSBURGH, PA 15212, COUNCIL DISTRICT 1), 7-L-31 (BEAVER AVE, PITTSBURGH, PA 15233, COUNCIL DISTRICT 6), and 7-M-110-9 (SPROAT WAY, PITTSBURGH, PA 15233, COUNCIL DISTRICT 6).
Section 2. The Mayor, the Director of Finance, and the Director of Public Works, on behalf of the City of Pittsburgh, are authorized to accept just compensation in exchange for said easement agreement or agreements, to be deposited into code account 11101.107000.48104.
Section 3. The easement agreement or agreements shall be in a form and substance approved by the City Solicitor.
Section 4. The areas of the Easements are depicted on the drawings that are attached hereto as Exhibits A, B, and C.
EXHIBIT A
PLAN DEPICTING 9-E-200-9 EASEMENT AREA
EXHIBIT B
PLAN DEPICTING 7-L-31 EASEMENT AREA
EXHIBIT C
PLAN DEPICTING 7-M-110-9 EASEMENT AREA