Source:Dedication-1895-463/content

463.

DEDICATION — Of Lyndhurst Green by Mary C. Thaw to the City of Pittsburgh.

To the Select and Common Councils of the City of Pittburgh [sic]:

The undersigned, Mary C. Thaw, of the City of Pittsburgh, owning in fee certain lands situate in the Twenty-second ward of the City of Pittsburgh, County of Allegheny and State of Pennsylvania, bounded and described as follows, to wit: Beginning on the eastern boundary of land of the said Mary C. Thaw at a point which is distant one hundred sixty one and forty-five hundredths feet (161.45 feet), measured along said boundary line, from the southern side of Fifth avenue, and running thence south twenty-four degrees twenty-two minutes and twenty seconds west one hundred twenty-two and eighty-two hundredths feet to a point; thence south thirty-nine degrees forty-eight minutes and fifty seconds west two hundred sixty-nine and eighty-eighth [sic] hundredths feet to a point; thence south seventy-three degrees fifty eight minutes and forty seconds east two hundred eighty-nine and thirty-three hundredths feet to a point on said eastern boundary line of land of said Mary C. Thaw; and thence by the same north seven degrees forty-seven minutes and thirty seconds west four hundred two and seventy-five hundredths feet to the place of beginning, containing one and twelve hundred and twenty-three ten-thousandths acres (1.1223 acres, the same being shown upon a map or plan hereto attached and made part hereof), does hereby dedicate and set apart the same to and for the use of the public, for the purposes, and subject to the stipulations, terms and conditions herein set forth, as follows, to wit:

First. The said piece of land shall be named "Lyndhurst Green." It shall forever be kept and maintained by the City of Pittsburgh as a public park, place or green, to be ornamented and rendered attractive by trees, grass, flowers and shrubbery, but no buildings shall be erected thereon and no structure of any description, save for the protection or ornamentation of the place, such as statuary or fountains, or such as are proper and customary in cities in public places of similar character.

Second. It is understood and agreed that the eastern boundary of the said piece of land as above described is the center line of Reynolds street sixty feet wide, located but as yet not opened by the City of Pittsburgh; that the southern boundary thereof is the center line of a street fifty feet wide not yet named and herein after [sic] referred to as hereby dedicated to public use; and the western boundary thereof is in the main and center line of Beechwood avenue eighty feet wide, located but as yet not opened by the City of Pittsburgh; and it is further understood that nothing herein contained shall be construed as in anywise affecting or impairing the right or power of the City to open and use said streets or highways over and upon said portions of the premises hereinbefore described as lie within the limits of the said street or highways respectively as now located.

Third. The said City shall bear the expense of improving the streets or avenues surrounding said Green to the middle of each street or avenue, or, should the adjustment of said expenses in this precise manner be for any reason impracticable, the said City shall bear any and all such assessments and charges for municipal improvements as shall or may be laid or assessed upon or in respect to the said Green, upon the understanding that the said Green shall be assessed for its proper share of any and all such expenses in like manner as if it were strictly private property.

Fourth. The said Mary C. Thaw hereby dedicates and sets apart to public use as a highway a strip of land fifty feet in width, extending from Beechwood avenue eastwardly to Reynolds street, the center line of said strip or highway hereby created or dedicated being the southerly boundary line of the piece of land hereinbefore described and running south seventy-three degrees fifty-eight minutes and forty seconds west two hundred eighty-nine and thirty-three hundredths feet, from the center of Beechwood avenue to the center of Reynolds street; the said Mary C. Thaw hereby waiving any and all claims for damages by reason of the taking and appropriating of said land for highway purposes and requesting the acceptance and approval of said highway with like effect as if the same had been opened under Ordinance of Councils, save as otherwise herein provided.

Fifth. The said Mary C. Thaw reserves the right to designate the name to be given to said street or highway referred to in the preceding paragraph.

Sixth. This dedication shall not become operative until the same shall have been accepted and approved by resolutions of the Select and Common Councils of the City of Pittsburgh, approved by the Mayor of said City.

In testimony whereof the said Mary C. Thaw has hereunto set her hand and seal this 27th day of May, Anno Domini, 1895,

Mary C. Thaw, [seal]

Sealed and delivered in presence of us;

Walter Scott,
Alner Lawson.

State of Pennsylvania, County of Allegheny, City of Pittsburgh. } ss:

Before me, the undersigned, a Notary Public of Pennsylvania, residing in said City and County, personally came the above named Mary C. Thaw, and in due form of law acknowledged the foregoing instrument to be her act and deed, and disired [sic] that as such the same might be recorded.

Witness my hand and Notary Seal this sixth (6th) day of June, Anno Domini, 1895.

Walter Scott, [seal]
Notary Public.

In Councils May 27, 1895, read, accepted and approved.

H. P. Ford,
President of Select Council.

Attest:
E. J. Martin,
Clerk of Select Council.

G. L. Holliday,
President of Common Council.

Attest:
W. C. Gearing,
Clerk of Common Council.

Mayor's Office, June 4th, 1895, approved.

B. McKenna,
Mayor.

Attest:
B. W. Morgan,
Mayor's Clerk.

Ordinance Book 10, page 315.