Source:Ordinance-1966-416/content

No. 416

AN ORDINANCE—Vacating that portion of First Avenue between Stanwix Street and former Short Street; vacating Blockhouse Way between Boulevard of the Allies and Fort Pitt Boulevard; providing for the maintenance and abandonment of certain sewers, water line and other facilities; waiving claims for damages and benefits; providing certain other terms and conditions; and authorizing the mayor and the Director of the Department of Lands and buildings to execute and deliver quitclaim deeds to the respective parties in whom title to the streets hereby vests.

WHEREAS, a Petition and Affidavit has been filed in the Office of the City Clerk by The Equitable Life Assurance Society of the United States, a New York corporation ("Equitable"), as the owner of the major portion of the property fronting or abutting on that portion of First Avenue between Stanwix Street and former Short Street and on Blockhouse Way between Boulevard of the Allies and Fort Pitt Boulevard, praying that the Council of the City of Pittsburgh enact an ordinance for the vacation of Blockhouse Way and of said portion of First Avenue between said points; and

WHEREAS, Pittsburgh Press Company, a Pennsylvania corporation (the "Press"), as the owner of the remaining property fronting or abutting on Blockhouse Way and on said portion of First Avenue, has filed its written consent to said Petition and Affidavit; and

WHEREAS, upon the vacation of Blockhouse Way and of said portion of First Avenue, the City no longer desires to maintain certain of the existing sewers, water lines and other facilities located therein; and

WHEREAS, the said vacation shall be on certain terms and conditions hereinafter set forth;

Now, Therefore,

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

Section 1. That partion [sic] of First Avenue between the northwest line of Stanwix Street (20.080 feet wide) and the southeast line of former Short Street (40.05 feet wide), and all of Blockhouse Way between the southwest line of Boulevard of the Allies and the northeast line of Fort Pitt Boulevard, shall be, and the same hereby are, vacated, subject to the conditions hereinafter set forth and subject to the City's existing sewers, water lines and other facilities to the extent that the same are to be maintained and preserved, as hereinafter set forth; and the City hereby reserves the right to maintain, repair and reconstruct said maintained and preserved sewers and water lines in, under and across the portions of the vacated streets in which they are to be maintained and preserved.

Section 2. The existing sewer, water lines and other facilities of the City located in Blockhouse Way and in said portion of First Avenue between said points shall be disposed of as follows:

(a) The 18-inch combined sewer in Blockhouse Way shall be abandoned between its terminus approximately 32 feet northeast of Fort Pitt Boulevard and a point approximately 10 feet northeast of the northeasterly line of First Avenue; and the said 18-inch combined sewer shall be maintained and preserved between said point and Boulevard of the Allies; and

(b) The 12-inch water line and 6-inch water line in First Avenue shall be abandoned between Stanwix Street and a point in First Avenue approximately 114 feet southeast of the southeasterly line of former Short Street, and shall be maintained and preserved between said point and former Short Street; and

(c) The two catch basins in First Avenue near former Short Street and the combined sewer line to which they are connected shall be maintained and preserved; and

(d) The facilities appurtenant to the foregoing sewer lines and water lines such as catch basins, sewer vents, water boxes, fire hydrants and manholes shall be abandoned or shall be maintained and preserved according to the portions of the lines to which they are appurtenant.

Section 3. Except for the condition precedent set forth in Section 4(a) of this ordinance, infra, the City hereby waives any claims or demands for costs, damages, benefits and expenses which may be assessed against and collected from any of the owners of any of the property fronting or abutting on that portion of First Avenue between Stanwix Street and former Short Street or on Blockhouse Way between the Boulevard of the Allies and Fort Pitt Boulevard, or from their respective successors and assigns, by reason of any of the matters set forth in this ordinance, including the vacation of streets and the disposition of sewers, water lines and appurtenant facilities; and such claims and demands are hereby forever waived, barred, surrendered, remised and released by the City.

Section 4. The vacation of Blockhouse Way and of the said portion of First Avenue, and the foregoing disposition of the City sewers, water lines and other facilities therein, are made upon the following terms and conditions to be accepted by the owners of all the property fronting or abutting on Blockhouse Way and on said portion of First Avenue before said vacation and abandonment shall become effective:

(a) The City shall receive the amount of One Hundred Twenty-five Thousand Eight Hundred Forty-one and 25/100 Dollars ($125,841.25) as a condition precedent to said vacation; and said sum shall be paid to the City at the time of the filing with the City Controller of the certificates of acceptance provided for in Section 6 hereof, infra;

(b) After the enactment and approval of this ordinance and upon its acceptance by the affected owners abutting the streets hereby vacated, said owners may thereafter blockade and actually close said streets or portions thereof upon the ground;

(c) The said owners, each for itself, its successors and assigns, and not for the other, shall, by their acceptance of this ordinance, waive, and release and forever discharge the City of Pittsburgh from, andy and all claims for damages whatsoever which they may have, might or could have, or claim, for or by reason of the vacation of, or the abandonment of any sewers, water lines and facilities in, that portion of First Avenue between the northwest line of Stanwix Street (80.080 feet wide) and the southeast line of former Short Street (40.05 feet wide), or in Blockhouse Way between the southwest line of Boulevard of the Allies and the northeast line of Fort Pitt Boulevard;

(d) Equitable shall at its own cost and expense cap the 12-inch water line and 6-inch water line in First Avenue at a location approximately 114 feet southeast of the southeasterly line of former Short Street and in a manner satisfactory to the City's Department of Water, so that such water lines might continue to serve properties abutting on vacated First Avenue between such location and former Short Street. Equitable shall at its own cost and expense disconnect, remove and deliver to the City the two fire hydrants located in First Avenue near the intersection with Blockhouse Way. An additional fire hydrant shall be installed, at the cost and expense of Equitable and in a manner satisfactory to the City's Department of Water, at a location approximately 114 feet southeast of the southeasterly line of former Short Street and 20 feet southwest of the southwesterly line of First Avenue.

(e) Equitable shall at its own cost and expense cap the 18-inch sewer line in Blockhouse Way at a location approximately 10 feet northeast of the northeasterly line of First Avenue so that such sewer line might continue to serve properties abutting on vacated Blockhouse Way between First Avenue and Boulevard of the Allies and Equitable's property in the vicinity of and above the intersection of Blockhouse Way and First Avenue. Equitable shall at its own cost and expense provide any connections between its property and the 18-inch sewer line. Equitable shall, at its own cost and expense, relocate and reconstruct the mahole [sic] presently located in the intersection of First Avenue and Blockhouse Way and serving said 18-inch sewer line. Equitable may also, at its own cost and expense, relocate any storm inlets and sewer vents relating to said 18-inch sewer line. All such work by Equitable shall be done in a manner and at locations satisfactory to the City's Department of Public Works.

(f) The rights of the City to enter upon vacated Blockhouse Way and vacated First Avenue to maintain, repair and reconstruct the sewers and water lines remaining in service, and their appurtenant facilities, is hereby confirmed. The City shall continue to maintain and operate said sewer and water lines in all respects.

Section 5. Upon the performance of the condition precedent set forth in Section 4(a) above and upon acceptance of this ordinance by the affected owners abutting the streets hereby vacated, the Mayor and the Director of the Department of Lands and Buildings are hereby authorized and directed to execute and deliver quitclaim deeds, in form approved by the City Solicitor, to the respective parties in whom title to the bed of Blockhouse Way and of the said vacated portion of First Avenue vests, of the right, title and interest of the City in Blockhouse Way and in the portion of First Avenue so vacated and in the sewer, water lines and other facilities therein which are to be abandoned as herein provided.

Section 6. If the terms of this ordinance are not accepted in writing by the said owners by the filing of their duly executed certificates of acceptance of the terms hereof with the City Controller within 90 days of the approval hereof, this ordinance shall be null and void and of no effect.

Section 7. 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 September 19, 1966.

Approved September 20, 1966.

Ordinance Book 68, Page 214.