title
Resolution authorizing the Mayor and the Director of the Department of Public Works to enter into a Temporary Right of Entry, License, and Transfer Agreement between the City of Pittsburgh and Rosalia George, owner of 1200 Trevanion Ave, Pittsburgh, PA 15218 for the purpose of partially removing a retaining wall and erecting an earthen wall at the rear and alongside the homeowner’s property and in Frick Park.
body
WHEREAS, Rosalia George, owner of 1200 Trevanion Ave, Pittsburgh, Pa. 15218, (the Homeowner”) owns a home adjacent to Frick Park, which has adjacent to the rear and side of the home a retaining wall constructed of railroad ties that has been found to be located in Frick Park; and
WHEREAS, the Homeowner seeks temporary access to City-owned property to: 1) withdraw from City-owned Frick Park and 2) restore the slope through partial removal of the retaining wall and construct an earthen wall at the rear and alongside the Homeowner’s property; and
WHEREAS, the Homeowner has represented that she will cover the complete cost of restoring the slope, partially removing the retaining wall and constructing an earthen wall alongside her property; and
WHEREAS, the City of Pittsburgh, as the owner and trustee of Frick Park for the benefit of the people of the City, seeks to preserve the safety of its people and the integrity of Frick Park; and
WHEREAS, the City of Pittsburgh is willing to grant a Temporary Right of Entry and License to the Homeowner to 1) withdraw from City-owned Frick Park and 2) to restore the slope through construction of an earthen wall and partial removal of the retaining wall at the rear and alongside her property abutting Frick Park and is further willing to accept the transfer of the remainder of the retaining wall that is buried underground in order to ensure slope stability, subject to the terms and conditions set forth in a Temporary Right of Entry, License and Transfer Agreement.
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. The Mayor and the Director of the Department of Public Works of the City of Pittsburgh are authorized to enter into a Temporary Right of Entry, License, and Transfer Agreement with Rosalia George, owner of 1200 Trevanion Ave, Pittsburgh, PA 15218, abutting Frick Park for the purpose of 1) withdrawing from City-owned Frick Park, 2) restoring the slope through construction of an earthen wall and partially removing the retaining wall at the rear and alongside Rosalia George’s property abutting Frick Park, and 3) transferring the remainder of the retaining wall that is buried underground to the City, all as further set forth on Exhibit A. The Temporary Right of Entry, License, and Transfer Agreement is subject to approval of the City Solicitor as to form.