Source:Ordinance-1951-351/content
No. 351
AN ORDINANCE—Vacating Pindam street from River avenue to Pennsylvania Railroad right-of-way, abandoning a certain sewer located in Pindam street between said points, reserving to the City the right to enter upon a portion of said Pindam street after vacation 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 Pindam street 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 street between said points, and
Whereas, Said City of Pittsburgh now maintains in said street between said points certain water lines, and
Whereas, In connection with said existing water lines it is desired to reserve to the City of Pittsburgh the right of entry on a portion of said Pindam street after vacation of the same, and
Whereas, Upon vacation of said Pindam street between said points the City no longer desires to maintain the existing sewer located in said street;
Now, Therefore,
The Council of the City of Pittsburgh hereby enacts as follows:
Section 1. That Pindam street 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 in said Pindam street between said points is hereby abandoned.
Section 3. The vacation of Pindam street from River avenue to Pennsylvania Railroad right-of-way and the abandonment of the City sewer in Pindam street 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) The City of Pittsburgh reserves the right to continue, maintain and use the existing water lines now located in said street between said points and specifically reserves the right to enter upon the land formerly within the lines of said Pindam street between said points, with the exception of the westerly ten (10) feet thereof.
(b) H. J. Heinz Company for itself, its successors and assigns, waives all damages, claims or demands arising by reason of entry upon and maintenance and repair of the existing water lines in the vacated street, and specifically waives any claims for damages by reason of the failure or bursting of said water lines and the consequent flooding of H. J. Heinz Company property.
(c) H. J. Heinz Company for itself, its successors and assigns, specifically waives any claims for damages by reason of the abandonment of said sewer on said vacated street.
(d) H. J. Heinz Company for itself, its successors and assigns, agrees to construct no buildings on the easterly 40 (forty) feet of said Pindam street and specifically agrees to have said easterly 40 (forty) feet of said street as vacated free of obstructions (other than railroad sidings crossing said vacated street) and accessible at all times for entry by the City of Pittsburgh.
(e) 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 conditions 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.
(f) 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 $8,550.00 for the use of the City of Pittsburgh for the vacation of Pindam street 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.
