Presenter
Presented by Mr. Udin
Title
Resolution authorizing the City of Pittsburgh to grant two permanent subsurface easements to the H. J. Heinz Company for two storm water outfalls under City of Pittsburgh owned property south of River Avenue, in the 24th Ward.
Body
Whereas: The City of Pittsburgh is the owner of the Allegheny River frontage south of River Avenue and under the railroad tracks in the vicinity of the proposed outfall in the 24th Ward.
Whereas: The H. J. Heinz Company in constructing a new warehouse north of River Avenue is required by the Pittsburgh Water and Sewer Authority to discharge separate storm water into the Allegheny River by constructing two storm water outfalls which would cross under River Avenue and City of Pittsburgh owned property south of River Avenue.
Whereas: The H. J. Heinz Company therefore requires permanent subsurface easements for two storm water outfalls to be constructed, owned and maintained by themselves under said City of Pittsburgh property.
Be it resolved by the council of the City of Pittsburgh as follows:
Section 1. The City of Pittsburgh is hereby authorized to grant two permanent subsurface easements under City property in form approved by the City Solicitor to the H. J. Heinz Company for the two locations described as follows:
Outfall 'A'
New Storm Sewer outfall with location approximately 55' on center line east of western property line of H. J. Heinz parcel 24-M-15 and perpendicular to the Allegheny River in the 24th Ward.
Outfall 'B'
New Storm Sewer outfall with location approximately 25' on centerline west of parcel line for H. J. Heinz parcel 24-H-136 and perpendicular to the Allegheny River in the 24th Ward.
Section 2
Be it further resolved that the privilege and easement hereby granted shall be subject to the following terms and conditions:
a) The H. J. Heinz Company shall bear the full cost and expense of the installation, construction, use and maintenance of said permanent storm sewer outfall.
b) The H. J. Heinz Company 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, use or maintenance.
c) The H. J. Heinz Company shall protect all sewer and water lines and all other public property from damage during the construction, maintenance or use of the easement areas in such manner as to assure the continued functioning of such sewer and water lines and public property. Heinz shall bear the full cost and expense of the repair of any street, pavement and curb damage, repair or replacement of sewer, water lines and other surface and sub-surface property or structures of the City which may be in any way disturbed or damaged by reason of the construction, maintenance use or operation of the area of the proposed easements. All such repairs and replacements shall be done in strict accordance with City standards or the standards of any other public entity. Heinz shall as its sole cost and expense, construct, maintain and use the easement areas in such manner as not to interfere in any respect with the City's use of the remaining portions of the affected public rights-of-way or any other public property.
d) The easements herein grated shall be subject and subordinates to the rights of the City and its powers and supervision over City streets and rights-of-way.
e) All necessary and incidental expenses shall be paid by the H. J. Heinz Company.