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Resolution authorizing the Mayor and the Directors of the Department of Mobility and Infrastructure 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 the University of Pittsburgh, over certain property and right-of-way in the vicinity of Bigelow Boulevard between Fifth Avenue and Forbes Avenue within the City of Pittsburgh, as a condition of an NPDES Permit granted in conjunction with street and property improvements in the area, at no cost the city.
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WHEREAS, the University of Pittsburgh owns certain land in the City of Pittsburgh being designated by Allegheny County as Block and Lot No. 0027-R-00190, and the City of Pittsburgh operates adjacent public right-of-way constituting Bigelow Boulevard between Fifth Avenue and Forbes Avenue (the "Property"); and
WHEREAS, the Property is included within the boundary of an individual National Pollution Discharge Elimination System (NPDES) Permit for Discharges of Stormwater Associated with Construction Activities, or the general NPDES Permit for Discharges of Stormwater Associated with Construction Activities which identifies certain Post Construction Stormwater Management Best Management Practices (PCSM BMPs) located on the Property; and
WHEREAS, 25 Pa. Code ?102.8(m)(2) states: "For any property containing a PCSM BMP, the permittee or co-permittee shall record an instrument with the recorder of deeds which will assure disclosure of the PCSM BMP and the related obligations in the ordinary course of a title search of the subject property. The recorded instrument must identify the PCSM BMP, provide for necessary access related to long-term operation and maintenance for PCSM BMPs and provide notice that the responsibility for long-term operation and maintenance of the PCSM BMP is a covenant that runs with the land that is binding upon and enforceable by subsequent grantees, and provide pr...
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