Source:Agreement-1919-429½
"Agreement made this 31st day of October, A. D. 1919, between Chas. J. Holleman, of the Borough of Brentwood, County of Allegheny and State of Pennsylvania, party of the first part, and the City of Pittsburgh, a municipal corporation, created and existing under the laws of the State of Pennsylvania, party of the second part." Pittsburgh city agreement, 1919, no. 429½. Passed Dec. 22, 1919; approved Dec. 29, 1919. Ordinance Book 31, p. 11. In Municipal Record: Minutes of the proceedings of the Council of the City of Pittsburgh for the year 1918, appendix, pp. 309–311, McClung Printing Company, Pittsburgh (Internet Archive Pghmunicipalrecord1918).
No. 429½
AGREEMENT—Made this 31st day of October, A. D. 1919, between Chas. J. Holleman, of the Borough of Brentwood, County of Allegheny and State of Pennsylvania, party of the first part, and the City of Pittsburgh, a municipal corporation, created and existing under the laws of the State of Pennsylvania, party of the second part.
Whereas, Chas. J. Holleman is the owner of all that certain lot or piece of ground situate in the Eighth ward of the city of Pittsburgh, County of Allegheny and State of Pennsylvania, bounded and described as follows, to-wit:
Beginning at the intersection of the westerly line of South Evaline street with the northerly line of Harriet street; thence along said northerly line of Harriet street north 80° 28′ west for the distance of 200.70 feet to a point on the easterly line of property of A. G. McConnell; thence along said property line north 9° 32′ east for the distance of 236.87 feet to the northerly line of said property of A. G. McConnell; thence along said line north 80° 26′ west for the distance of 200.0 feet to the easterly side of South Winebiddle street; thence along said easterly line of South Winebiddle street north 9° 32′ east for the distance of 350.0 feet to a point; thence south 80° 26′ east for the distance of 400.7 feet to the westerly line of South Evaline street; thence along said westerly line of South Evaline street south 9° 32′ west for the distance of 586.75 feet to the place of beginning; and
Whereas, The party of the first part desires to sub-divide said lot or piece of ground into smaller sub-divisions for building purposes; and
Whereas, The said party of the first part deems it advantageous and necessary for the proper sub-divisions and development of his property to open a new street or place, midway between South Evaline street and South Winebiddle street, and extending from Harriet street to the northerly line of his property, with a connection with South Evaline street, and to be known as "West Penn Place," along the lines more specifically set forth in the Ordinance providing for said opening hereto attached and made part hereof; and
Whereas, The said party fo the first part for the advantages accruing to him is willing to waive any damages, cost or expenses, as well as to assume all cost and expenses to said City for the ground taken and damage by grade for the opening of said West Penn place above referred to, to the grade to be fixed by the said party of the second part, and for the grading, paving and curbing of the same, and any additional cost and expenses incurred therein, viz: The cost of advertising, hand-bills and any other expenses incurred in Viewers proceedings, in consideration of said City passing the necessary Ordinance and taking such other steps as may be necessary for the legal opening of said West Penn place, between Harriet street and South Evaline street; now
THIS INDENTURE WITNESSETH: That in consideration of the premises and for the advantages and benefits accruing to said party of the first part by reason of the opening of said West Penn place as above described, the said party of the first part does hereby stipulate, covenant and agree to and with the said City of Pittsburgh, party of the second part, as follows:
First. Said party hereby agrees to waive, quit claim and release and discharge said City of Pittsburgh from any and all claims for damages, cost and expenses to the property of the said Chas. J. Holleman for or by reason of the opening of said West Penn place.
Second. Said first party hereby agrees to indemnify and save said City harmless from the payment of any cost whatsoever that may be assessed against said City by the opening of said West Penn place.
Third. Upon the opening of said West Penn place, from Harriet street to South Evaline street, and as more specifically set forth in the said Ordinance herein referred to, and upon he [sic] assessment of damages and benefits by the Board of Viewers in accordance with the provisions of the Acts of Assembly of the Commonwealth of Pennsylvania relating thereto or other such due process of law as may be necessary for the proper fixing and adjudication of such damages and benefits, the party of the first part hereby agrees to assume and pay to the City Treasurer within a period of thirty days after the final adjudication of the damages and benefits, any costs or damages that may be assessed against the City by reason of the opening and damage by grade of said West Penn place, as above described.
Said first party hereby assumes for himself, his heirs and assigns, any costs or damages, including the cost of advertising the Ordinance, that may be assessed against the City of Pittsburgh, and authorizes the Treasurer of said City to collect from him his proper share of any such cost determined by the amount of his frontage on said West Penn place.
Fourth. Upon the opening of West Penn place, as set forth, the party of the first part hereby agrees to assume and pay all the costs, damages and expenses for the grading, paving and curbing of the said West Penn place. Said work to be performed under the direction and supervision of the Department of Public Works of the City of Pittsburgh.
In witness whereof the said party of the first part has hereunto set his hand and seal, the day and year above written.
CHARLES J. HOLLEMAN.
Witness:
H. M. IRONS.
October 31st, 1919.
This agreement approved as to form.
CHARLES A. O'BRIEN,
City Solicitor.
In witness whereof, the said party of the first part has set his hand and seal, this 17th day of November, A. D. 1919, agreeing to the amendments as made by the Committee on Public Works on the 12th day of November, 1919.
CHARLES J. HOLLEMAN.
Attest:
E. W. LINDSAY.
Passed December 22, 1919.
Approved December 29, 1919.
Ordinance Book 31, Page 11.