Title
Resolution authorizing the Mayor, the Director of Finance and the Director of the Department of Public Works, to place a Deed Restriction upon Paulson Park and Wightman Park, as required by the Pennsylvania Department of Conservation and Natural Resources (DCNR) which provided funds for the Paulson Park and Wightman Park Redevelopment.
Body
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 the Department of Public Works are authorized to place a Deed Restriction upon Paulson Park and Wightman Park, and to take such other action to effectuate that Deed Restriction. The Deed Restriction, intended to ensure that the property will be used for recreational purposes, is required by the Pennsylvania Department of Conservation and Natural Resources (DCNR) as a condition for the funds it provided for the Paulson Park and Wightman Park Redevelopment. The Deed Restriction will read as follows:
“This property was developed with funds provided by the Pennsylvania Department of Conservation and Natural Resources (“Department”). The source of the funds is Land and Water Conservation Fund Act, 54 U.S.C. §§ 200301 et seq. (“Act”), provided through the National Park Service. This property, or any portion of it, may not be converted to purposes other than those authorized under the Act for property acquired and/or developed with Department funds. No change of use and no transfer of ownership, control, or interest in this property may occur, and no encumbrance may be placed on this property, without the written consent of the Department or its successor. The restriction in this paragraph applies to both the surface and subsurface of the property. This restriction has the effect of a covenant running in perpetuity with the land and is binding upon the owner(s) of the property and upon all subsequent owners, successors, and assigns. This restriction is enforceable by the Department and its successors.”