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Resolution authorizing the proper officers of the City of Pittsburgh, pursuant to Section 4 of Resolution 680 of 1951, to cause the removal of a certain side-track as further described therein; and further providing such officers with authorization to effectuate and enforce all purposes provided in the Resolution.
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WHEREAS, pursuant to Ordinance 680 of 1951, the City of Pittsburgh granted H.J. Heinz, its successors or assigns, ("Grantee") the right to construct, maintain, and use, at its own cost and expense a side-track in a certain portion River Avenue, in the Twenty Third Ward of the City; and
WHEREAS, the rights and privileges granted thereunder are subject and subordinate to, the rights of the City of Pittsburgh, including but not limited to, over City streets; and
WHEREAS, the rights and privileged granted thereunder are further subject to the express condition that the City of Pittsburgh, without liability, reserves the right to cause the removal of said side track upon giving a six (6) month written notice through resolution or ordinance of Council, to the Grantee, wherefore at the expiration of said timeframe, the Grantee shall, at its own cost and expense, remove the side track and replace the street to a condition as required by the City; and
WHEREAS, the side track in question is disused and the Director of the Department of Mobility and Infrastructure has determined that it is in the best interests of the City for said track to be removed; and
WHEREAS, the current Grantee, Riverbend Properties LLC, has been notified by the City to proceed with its removal but the Grantee remains unresponsive; and
WHEREAS, the Council of the City of Pittsburgh wishes to exercise its right to issue a six-month notice to direct the removal of the side-track by Grantee pursuant to Section 4 of Resolution 680 of 1951.
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. Pursuant to Section 4 of Resolution 680 of 1951, the pro...
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