Presenter
Presented by Mr. Hertzberg
Title
Resolution providing for an Agreement or Agreements for the grant of easements to UPMC Health System for construction of a tunnel and subsurface retaining wall under and abutting Fifth Avenue in the 4th Ward, 6th & 8th Council District of the City of Pittsburgh.
Body
WHEREAS, UPMC Health System ("UPMC"), has requested a grant of easement for the construction, maintenance and use of a tunnel to be located beneath the surface of Fifth Avenue approximately 225' east of Chesterfield Road and west of Darragh Street and connecting facilities owned or utilized by UPMC Health System; and
WHEREAS, UPMC has requested a sub-surface encroachment in the form of an easement to construct a retaining wall on the southerly side of Fifth Avenue approximately 190' feet from McKee Street and 60' feet from Halkett Street; and
WHEREAS, vehicular and pedestrian rights-of-way and public utility and private utility utilization in and on Fifth Avenue will be maintained; and
WHEREAS, said grants of easements shall be on certain terms and conditions to be set forth in an Easement Agreement between the City of Pittsburgh ("City") and UPMC.
Be it resolved that the Council of the City of Pittsburgh hereby enacts as follows:
Section 1. The Mayor and the Director of the Department of Public Works, on behalf of the City, are hereby authorized to enter into an Agreement or Agreements with UPMC, to be approved in form and substance by the City Solicitor, providing for the grant of easements to UPMC for construction of a tunnel on Fifth Avenue approximately 225' east of Chesterfield Street and west of Darragh Street connecting facilities owned or utilized by UPMC, and for construction of a retaining wall on the southerly side of Fifth Avenue, approximately 190' feet from McKee Street and approximately 60' feet from Halkett Street, all in the 4th Ward of the City, said Agreement or Agreements to contain more specific descriptions of the easement areas.
Section 2. The obligations of UPMC under this Resolution shall be binding upon its successors and assigns.
Section 3. If the terms of this Resolution are not accepted in writing by UPMC, by the filing of its duly executed Certificate of Acceptance of the terms hereof with the City Controller within ninety (90) days of the approval hereof, this Resolution shall be null and void and of no effect.