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File #: 2003-2553    Version: 1
Type: Resolution Status: Passed Finally
File created: 11/24/2003 In control: Committee on Finance & Budget
On agenda: Final action: 12/10/2003
Enactment date: 12/10/2003 Enactment #: 928
Effective date: 12/19/2003    
Title: Resolution authorizing the City of Pittsburgh to grant a permanent sanitary sewer easement across City owned property being parcel 177-N-60 at 348 Lucilla Street, in the 14th Ward, to Kim McCoy owner of parcel 177-N-103, 7212 Raymond Street, at no cost to the City of Pittsburgh.
Indexes: ENCROACHMENTS & EASEMENTS

Presenter

Presented by Mr. Udin

 

Title

Resolution authorizing the City of Pittsburgh to grant a permanent sanitary sewer easement across City owned property being parcel 177-N-60 at 348 Lucilla Street, in the 14th Ward, to Kim McCoy owner of parcel 177-N-103, 7212 Raymond Street, at no cost to the City of Pittsburgh.

 

Body

Whereas: The City of Pittsburgh owns certain property on Lucilla Street at the corner of Oak Grove Avenue, Block 177-N Lot 60 addressed as 348 Lucilla Street.

 

Whereas: The owner of parcel 177-N-103, 7212 Raymond Street, has no sanitary sewer in Raymond Street and desires to cross the City parcel 177-N-60, located at the rear of his property, to connect with the sanitary sewer line in Oak Grove Avenue.

 

Whereas: The City of Pittsburgh's parcel is a steep tree covered hillside with only paper street frontage and has no development potential.

 

Be it resolved by the Council of the City of Pittsburgh as follows:

 

Section 1.  NOW, THEREFORE, BE IT RESOLVED, THAT the Mayor and the Director of the Department of Finance, on behalf of the City of Pittsburgh, are hereby authorized to execute an agreement with Kim McCoy, owner of 177-N-103, 7212 Raymond Street, for a permanent sanitary sewer easement across City of Pittsburgh property, Block 177-N, Lot 60 in the 14th Ward. Said agreement shall be in form approved by the City Solicitor and shall contain such terms and conditions for the protection of the City of Pittsburgh as said Solicitor will require.

 

DESCRIPTION OF UTILITY EASEMENT

ALL THAT CERTAIN EASEMENT FOR SANITY SEWER situate in the 14th Ward, City of Pittsburgh, Allegheny County, Pennsylvania being a 20 foot wide easement with the center line of this easement more particularly bounded and described as follows:

 

BEGINNING at a point on the southerly line of Overlea Way at the dividing line of Lots 213 and 214 in the Oak Grove Plan of Lots as recorded in Plan Book Volume 14, pages 118-120; thence from said point and along said southerly line of Overlea Way South 59º20' West a distance of 13.8 feet to the True Place of Beginning; thence from said point and through said Overlea Way, Plan Lots 256-260 and Lucilla Street the following courses and distances; North 59º 28' West a distance of 39.62 feet to a point; thence North 6º 57' West a distance of 42.98 feet to a point; thence North 43º 59' West a distance of 52.40 feet to a point; thence North 54º 47' West a distance of 52.36 feet to a point; thence North 77º 13' West a distance of 42.12 feet to a point at the end of the 20 foot easement on Oak Grove Avenue at the existing sanitary sewer line manhole.                     

 

SECTION 2

BE IT FUTHER RESOLVED that the privilege and easement hereby granted shall be subject to the following terms and conditions:

A.                     Kim McCoy, owner or a future owner of parcel 177-N-103 shall bear the full cost and expense of the installation, construction, use and maintenance of said permanent sanitary sewer easement.

B.                     Kim McCoy, owner or a future owner of parcel 177-N-103 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, maintenance or use.

C.                     All related costs or charges, if any shall be paid by Kim McCoy owner of parcel 177-N-103.

D.                     Kim McCoy, owner of parcel 177-N-103, and his designated installation contractor shall cause minimum disruption to the natural environment on this wooded hillside when installing the sanitary sewer line and they shall restore the easement area to a reasonable standard with inspection reviewed by the appropriate City of Pittsburgh Department.

E.                     Once the installation of the sanitary sewer line is completed an as built plan will be provided that verifies the installation has been kept in the 20-foot easement area granted in this resolution.