Source:Ordinance-1951-350/content

No. 350

AN ORDINANCE — Vacating Lumberman way from River avenue to Pennsylvania Railroad right-of-way, abandoning a certain sewer located on Lumberman way between said points and providing certain terms and conditions.

Whereas, A petition and affidavit has been filed by the owner of all the property fronting or abutting on Lumberman way from River avenue to Pennsylvania Railroad right-of-way in the office of the City Clerk, praying that the Council of the City of Pittsburgh enact an ordinance for the vacation of said way between said points, and

Whereas, Upon vacation of said Lumberman way between said points, the City no longer desires to maintain the existing sewer located on said way;

Now, Therefore,

The Council of the City of Pittsburgh hereby enacts as follows:

Section 1. That Lumberman way from River avenue to Pennsylvania Railroad right-of-way shall be and the same is hereby vacated.

Section 2. The existing sewer of the City of Pittsburgh located on said Lumberman way between said points is hereby abandoned.

Section 3. The vacation of Lumberman way between River avenue and Pennsylvania Railroad right-of-way and the abandonment of the city sewer on Lumberman Way between said points are made upon the following terms and conditions to be accepted by H. J. Heinz Company for itself, its successors and assigns before said vacation and abandonment shall become effective.

(a) H. J. Heinz Company for itself, its successors and assigns specifically waives any claims for damages by reason of the abandonment of the said sewer on said vacated way.

(b) H. J. Heinz Company for itself, its successors and assigns agrees within sixty (60) days from the final passage and approval of this ordinance to file with the City Controller an acceptance of the terms and condition hereof, said acceptance being duly authorized by the Board of Directors of the said H. J. Heinz Company, and upon failure to file such acceptance within sixty (60) days from the passage and final approval of this ordinance, the same shall be void and of no effect.

(c) The H. J. Heinz Company shall, within thirty (30) days after the approval of this ordinance, pay into the treasury of the City of Pittsburgh the sum of $2,484.00 for the use of the City of Pittsburgh for the vacation of Lumberman way as recited above.

Section 4. That any Ordinance or part of Ordinance, conflicting with the provisions of this Ordinance, be and the same is hereby repealed so far as the same affects this Ordinance.

Passed July 3, 1951.

Approved July 6, 1951.

Ordinance Book 57, Page 396.