Title
Resolution vacating a portion of the Right of Way at Penn Avenue and South Euclid Avenue in the 8th Ward, 9th Council District of the City of Pittsburgh.
(Public Hearing held 9/10/19)
Body
WHEREAS, Pennley Park South, Inc., (“PPS”) has owned since 1966 that certain 7.09 +/- acre parcel known as 5600 Penn Avenue and 5704 Penn Avenue, Pittsburgh, Pennsylvania, which is known in the Office of Deed Registry of Allegheny County, Pennsylvania as Block and Lot No. 83-N-125 (the “Property”); and
WHEREAS, the City, PPS, and other interested parties entered into a Consent Order of Court dated October 17, 2017 docketed at No. SA 17-0050 in the Court of Common Pleas of Allegheny County, Pennsylvania (“Consent Order”); and
WHEREAS, as part of the Consent Order, the City agreed to consider legislation including the authorization of the vacation of the “speed lane” (i.e. the Right-of-Way at Penn Avenue and South Euclid Avenue); and
WHEREAS, an application for the vacation of a portion of Penn Avenue and South Euclid Avenue was filed on or about February 28, 2019 (“the Application”), has been considered by the City and is now affirmatively recommended; and
WHEREAS, the City now desires to act on the Application; therefor
Be it resolved by Council of the City of Pittsburgh as follows:
Section 1.
Vacating a portion of Penn Avenue and South Euclid Avenue situated in the 8th Ward, 9th Council District in the City of Pittsburgh as follows:
All that certain portion of a public right of way, situate in the 8th Ward, City of Pittsburgh, more particularly described as follows and as further provided in the attached plan:
Beginning at a point on the southerly right of way line of Penn Avenue, 100 feet wide, at the right of way radius return between said Penn Avenue and South Euclid Avenue, 70 feet wide; thence by a line being an extension of the southerly right of way line of said Penn Avenue S 65° 07' 38,4" E a distance of 100.00 feet to a point; thence by a line being an extension of the westerly right of way line of said South Euclid Avenue S 24° 52' 21.6" W a distance of 100.00 feet to a point on the westerly right of way line of said South Euclid Avenue; thence by the right of way radius return of said Penn Avenue and said South Euclid Avenue in a northwesterly direction by a curve bearing to the left having a radius of 100.00 feet through an arc distance of 157.08 feet, said curve having a chord bearing of N 20° 07' 38.4" W and a chord distance of 141.42 feet to the southerly right of way line of said Penn Avenue at the point of beginning.
Containing an area of 2,146 square feet.
The above description is in accordance with the description prepared by The Gateway Engineers, Inc. dated August 1, 2018, and sealed by Patrick T. Cooper, PE, PLS
Section 2. The proper officials of the City are hereby authorized to take the steps necessary to effectuate the purpose of this Resolution.
Section 3. This resolution, however, shall not take effect or be of any force or validity unless Pennley Park South, Inc., shall, within sixty (60) days after the effective date of this resolution, remit to the Treasurer, City of Pittsburgh, the sum of seventeen thousand six hundred and twenty-seven dollars and twenty-four cents ($17,627.24).
Section 4. The City Treasurer shall transmit notice to the City Clerk and the City Solicitor upon payment as described above.