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Resolution authorizing the Mayor and the Directors of the Department of Public Works and the Department of Finance, on behalf of the City of Pittsburgh, to execute a Declaration of Restrictions and Covenants and appurtenant documents, in cooperation with Pittsburgh Water, over certain easements and right-of-way in the vicinity of Riverview Park within the City of Pittsburgh, as a condition of an Operations and Maintenance, and Grant Agreements Pittsburgh Water has with The Allegheny County Sanitary Authority (“ALCOSAN”) in conjunction with stormwater improvements in the area, at no cost to the city.
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WHEREAS, the Property is the location of certain source control improvements (“Project”) funded in part by a Grant Agreement between Pittsburgh Water and ALCOSAN identified with the Project Name 2019-01-038 Woods Run Stream Removal-Phase 1; and
WHEREAS, the Grant Agreement requires, among other things, that Pittsburgh Water agrees to operate and maintain the Project, in accordance with an approved Project Plan, for at least twenty (20) years from the date the Project is complete; and
WHEREAS, the Grant Agreement further requires that Pittsburgh Water agrees to provide ALCOSAN unrestricted access to the Project any time during construction and/or operation of the Project including to perform, at ALCOSAN’s sole discretion, monitoring to complete a final assessment addressing the effectiveness of the Project, and the City of Pittsburgh, the Property Owner, is willing to provide that access; and
WHEREAS, the City of Pittsburgh has agreed to provide this Instrument to identify the Project, provide for necessary access related to long-term operation and maintenance for the Project by Pittsburgh Water in default of which ALCOSAN shall have the necessary access, and provide notice that the responsibility for long-term operation and maintenance of the Project by Pittsburgh Water is a covenant that runs with the land that is binding upon and enforceable by subsequent grantees; and
WHEREAS, the City of Pittsburgh wishes to now file a Declaration of Restrictions and Covenants over the Property.
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. The Mayor and the Directors of the Department of Public Works and the Department of Finance, on behalf of the City of Pittsburgh, are authorized to execute a Declaration of Restrictions and Covenants and appurtenant documents, in cooperation with Pittsburgh Water, over certain easements and right-of-way in the vicinity of Riverview Park within the City of Pittsburgh, as a condition of an Operations and Maintenance, and Grant Agreements Pittsburgh Water has with The Allegheny County Sanitary Authority (“ALCOSAN”) in conjunction with stormwater improvements in the area.
Section 2. Said Declaration and appurtenant documents shall be approved by the City Solicitor as to form.