Source:Ordinance-1923-492
"An ordinance authorizing the Mayor and the Director of the Department of Public Works for and on behalf of the City of Pittsburgh to enter into a contract with Thomas A. Watkins for the purpose of vacating certain portions of Alderson street and two unnamed ways as laid out in the J. C. Aufhammer and S. J. McFarren's 'Midway Plan of Lots,' as recorded in the Recorder's Office of Allegheny County in Plan Book Vol. 14, pages 170–171, and also for the purpose of dedicating for public use for highway purposes certain property now owned by the said Thomas A. Watkins, to provide for the payment therefor, and to release the City from any claim from payment on account of certain grading, paving and laying of sewers in the said plan of lots by the said Thomas A. Watkins." Pittsburgh city ordinance, 1923, no. 492. Passed Dec. 17, 1923; approved Dec. 27, 1923. Ordinance Book 35, p. 75. In Municipal Record: Minutes of the Proceedings of the Council of the City of Pittsburgh for the Year 1923, appendix, pp. 373–377, Kaufman Printing Company, Pittsburgh (Google Books XkEtAQAAMAAJ; HathiTrust uiug.30112108223980; Internet Archive Pghmunicipalrecord1923).
No. 492
AN ORDINANCE—Authorizing the Mayor and the Director of the Department of Public Works for and on behalf of the City of Pittsburgh to enter into a contract with Thomas A. Watkins for the purpose of vacating certain portions of Alderson street and two unnamed ways as laid out in the J. C. Aufhammer and S. J. McFarren's "Midway Plan of Lots," as recorded in the Recorder's Office of Allegheny County in Plan Book Vol. 14, pages 170–171, and also for the purpose of dedicating for public use for highway purposes certain property now owned by the said Thomas A. Watkins, to provide for the payment therefor, and to release the City from any claim from payment on account of certain grading, paving and laying of sewers in the said plan of lots by the said Thomas A. Watkins.
Section 1. Be it ordained and enacted by the City of Pittsburgh, in Council assembled, and it is hereby ordained and enacted by the authority of the same, That the Mayor and the Director of the Department of Public Works be and they are hereby authorized to make, execute and deliver in the name of and on behalf of the City of Pittsburgh, a contract with Thomas A. Watkins in the following language, to-wit:
ARTICLES OF AGREEMENT.
Made this ................ day of .......................... A. D. 1923, between Thomas A. Watkins of the City of Pittsburgh, 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, Thomas A. Watkins is the owner of certain lots or pieces of ground situate in the Fourteenth Ward of the City of Pittsburgh, County of Allegheny and State of Pennsylvania, bounded in general by Murray avenue, Forward avenue, Shady avenue and Morrowfield avenue, and
Whereas, The party of the first part deems it advantageous and necessary for the proper development of his property to vacate certain portions of Alderson street and two unnamed ways laid out in J. C. Aufhammer and S. J. McFarren's "Midway Plan of Lots" recorded in the Recorder's Office of Allegheny County in Plan Book Vol. 14, pages 170–171, and also to dedicate for public use for highway purposes certain property now owned by the said party of the first part. For the purpose of identification in this Agreement, the unnamed way parallel to and between Morrowfield avenue and Alderson street shall be known as "Sunapee way" and the unnamed way parallel to and between Alderson street and Forward avenue shall be known as "Maeburn road." Such vacations and dedications are more particularly described as follows:
VACATIONS.
ALDERSON STREET.
Beginning at the intersection of the easterly line of Murray avenue and the north line of Alderson street; thence along the said north line of Alderson street south 67° 45′ 40″ east 70.02 feet to a point; thence south 44° 04′ 20″ west 53.90 feet to a point on the southerly line of Alderson street; thence along the said southerly line of Alderson street north 67° 45′ 40″ west 70.02 feet to the said easterly line of Murray avenue; thence along the said easterly line of Murray avenue north 44° 04′ 20″ east 53.90 feet to the place of beginning.
SUNAPEE WAY.
Beginning at the intersection of the easterly line of Murray avenue and the northerly line of Sunapee way; thence along the said northerly line of Sunapee way south 67° 45′ 40″ east 70.02 feet to a point; thence south 44° 04′ 20″ west 21.56 feet to a point on the southerly line of Sunapee way; thence along the southerly line of Sunapee way north 67° 45′ 40″ west 70.02 feet to the easterly line of Murray avenue; thence along the said easterly line of Murray avenue north 44° 04′ 20″ east 21.56 feet to the place of beginning.
MAEBURN ROAD.
Beginning at the intersection of the easterly line of Murray avenue and the northerly line of Maeburn road; thence along the said northerly line of Maeburn road south 67° 45′ 40″ east, 97.86 feet to a point; thence south 44° 04′ 20″ west, 10.78 feet to a point on the center line of Maeburn road; thence along said center line of Maeburn road 67° 45′ 40″ west, 97.07 feet to a point on the easterly line of Murray avenue; thence along the easterly line of Murray avenue by the arc of a circle having a radius of 157.14 feet, for the distance of 10.51 feet to the place of beginning.
Beginning at a point on the southerly line of Maeburn road south 67° 45′ 40″ east 118.51 feet from the easterly line of Murray avenue; thence north 44° 04′ 20″ east 1.42 feet to a point of curve; thence in an easterly direction by the arc of a circle deflecting to the right and having a radius of 10.0 feet and a central angle of 68° 22′ 00″ for the distance of 11.93 feet to a point of tangent; thence by the tangent south 67° 33′ 40″ east 315.65 feet to a point of curve; thence in an easterly direction by the arc of a circle deflecting to the right having a radius of 109.78 feet and a central angle of 19° 36′ 30″ for the distance of 37.57 feet to a point on the said southerly line of Maeburn road, distant north 67° 45′ 40″ west 48.53 feet from the westerly line of Shady avenue; thence along the said southerly line of Maeburn road north 67° 45′ 40″ west 362.31 feet to the place of beginning.
Beginning at the intersection of the northerly line of Maeburn road and the westerly line of Shady avenue; thence alon gthe said westerly line of Shady avenue south 43° 12′ 20″ west 7.86 feet to a point; thence north 47° 57′ 10″ west 21.66 feet to a point on the said northerly line of Maeburn road; thence along the said northerly line of Maeburn road south 67° 45′ 40″ east 23.19 feet to the place of beginning.
DEDICATIONS.
MAEBURN ROAD.
Beginning at a point on the northerly line of Maeburn road distant north 67° 45′ 40″ west 23.19 feet from the westerly line of Shady avenue; thence along the northerly line of Maeburn road 67° 45′ 40″ west 408.84 feet to a point distant south 67° 45′ 40″ east 97.86 feet from the easterly line of Murray avenue; thence north 44° 04′ 20″ east 19.02 feet to a point; thence south 67° 33′ 40″ east parallel to and 122.0 feet south from the southerly line of Forward avenue for the distance of 332.06 feet to a point of curve; thence in an easterly direction by the arc of a circle deflecting to the right having a radius of 139.78 feet and a central angle of 19° 36′ 30″ for the distance of 47.84 feet to a point of tangent; thence by the tangent south 47° 57′ 10″ east 24.28 feet to the place of beginning.
Beginning on the south line of Maeburn road at a point south 67° 45′ 40″ east 96.95 feet from the easterly line of Murray avenue; thence south 67° 45′ 40″ east 21.56 feet to a point; thence south 44° 04′ 20″ west 133.59 feet to a point of curve; thence by the arc of a circle deflecting to the left in an easterly direction and having a radius of 10.0 feet and a central angle of 111° 50′ 00″ for a distance of 19.52 feet to a point of tangent on the northerly line of Alderson street; thence along the said northerly line of Alderson street north 67° 45′ 40″ west a distance of 36.33 feet to a point; thence north 44° 04′ 20″ east a distance of 148.28 feet to the point of beginning.
ALDERSON STREET.
Beginning at a point on the southerly line of Alderson street distant south 67° 45′ 40″ east 70.02 feet from the easterly line of Murray avenue; thence along the said southerly line of Alderson street south 67° 45′ 40″ east 44.47 feet to a point of curve; thence in a westerly direction by the arc of a circle deflecting to the left having a radius of 10.0 feet and a central angle of 68° 10′ 00″ for the distance of 11.90 feet to a point of tangent; thence by the tangent south 44° 04′ 20″ west 382.92 feet to a point on the northerly line of Morrowfield avenue; thence along the said northerly line of Morrowfield avenue north 67° 45′ 40″ west 37.70 feet to a point; thence north 44° 04′ 20″ east 389.69 feet to the place of beginning.
Whereas, the said party of the first part further deems it necessary to establish the grade and to widen Maeburn road as laid out in the aforesaid Plan of Lots at its intersection with Shady avenue, the said widening to include the following described property, to-wit:
Beginning at the intersection of the southerly line of Maeburn road and the westerly line of Shady avenue; thence along the said westerly line of Shady avenue south 43° 12′ 20″ west 16.45 feet to a point; thence north 47° 57′ 10″ west 45.33 feet to a point on the said southerly line of Maeburn road; thence along the said southerly line of Maeburn road south 67° 45′ 40″ east 48.53 feet to the place of beginning.
The said party of the first part for the advantages accruing to him is willing to waive all damages, costs or expenses as well as to assume all costs and expenses to said City for the damages by grade and the ground taken and any additional costs and expenses incurred therein, viz: The cost of advertising, hand-bills or any other expense incurred in the Viewers' Proceedings in consideration of the City passing the necessary ordinances establishing the grade and widening said Maeburn road, and
Whereas, the said party of the first part has graded and partially paved a portion of Alderson street, as now open, without authorization by the said City of Pittsburgh and has also constructed certain sewers on and adjacent to the streets and ways in the said "Midway Plan of Lots" without authorization of the said City of Pittsburgh or the State Department of Health, the said party of the first part hereby waives all claims he may or might have by reason of the said grading and paving of Alderson street and the construction of the said sewers, and
Whereas, the said party of the first part has partially graded Maeburn road and that portion of Alderson street as proposed to be dedicated, the said party of the first part hereby waives all claim he may or might have by reason of the said gradind [sic]; Now, Therefore
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 said vacations, dedications and widenings as above described, the said party of the first part hereby stipulates, covenants and agrees to and with the said City of Pittsburgh, party of the second part, as follows:
First: Said party of the first hereby agrees to waive, quit-claim and release and discharge said City of Pittsburgh from any and all claim for damages, costs and expenses to property of the said Thomas A. Watkins for or by reason of the said dedications.
Second: The said party of the first part hereby agrees to indemnify and save said City harmless from the payment of any costs, whatsoever that may be assessed against the said City by the widening and establishing of grade of said Maeburn road.
Third: Upon the widening of said Maeburn road, as described above and upon the 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 such other 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 30 days after the final adjudication of the damages and benefits, any costs or damages that may be assessed agains the City by reason of the widening and damage by grade of said Maeburn road as above described.
Fourth: Upon the vacation of said portions of Alderson street, Sunapee way and Maeburn road in the said "Midway Plan of Lots" as more specifically described above and upon the assessment of damages and benefits by a Board of Viewers in accordance with the provisions of the Acts of Assembly of the Commonwealth of Pennsylvania relating thereto or such other 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 30 days after the final adjudication of the damages and may be assessed against the City by reason of the vacating of said portions of Alderson street, Sunapee way and Maeburn road.
Fifth: Upon the dedication and opening of Alderson street, the dedication and widening of Maeburn road, the party of the first part hereby agrees to assume and pay all costs, damages and expenses for the grading, paving and curbing of the said Alderson street, from Shady avenue to Morrowfield avenue and the said Maeburn road, from Shady avenue to Alderson street. Said work to be performed under the direction and supervision of the Department of Public Works of the City of Pittsburgh.
Sixth: The said party of the first part, at his own cost and expense, and under the supervision and to the satisfaction of the Director of the Department of Public Works, agrees to open up, expose and exhibit the aforementioned sewers and permanent street improvements; and if upon examination thereof the said Director of the Department of Public Works is of the opinion that they do not conform to the City standard of construction of streets and sewers or are not suitable for the purposes intended, the said party of the first part will forthwith tear up and remove the same, and upon failure to do so within .................. days after receiving notice so to do from said Director, the City may do so and charge the cost thereof plus 10% for overhead, etc., to the party of the first part, which sum of money the party of the first part agrees to pay as soon as certified to him by the Director of the Department of Public Works. If the Director shall determine the said sewers and street improvements are suitable and acceptable, the City undertakes to obtain the proper permit for said sewers from the said Department of Public Works.
Seventh: The said party of the first part hereby agrees at his own cost and under the direction and supervision of the Director of the Department of Public Works to dig such test pits as may be required for the proper examination of a retaining wall, which the said party of the first part has erected along the northerly side of Maeburn road as proposed to be widened by dedication and in addition to drill such holes through the said retaining wall as may be necessary for the proper examination of the same.
Eighth: The said party of the first part hereby agrees to waive, release and discharege said City of Pittsburgh from any and all claims for damages, costs, or expenses to his property caused by establishing the grade of Sunapee way, between Shady avenue and Alderson street and the grading, paving, and otherwise improving said way to such established grade.
Ninth: Upon the completion of the grading, paving and otherwise improving of Sunapee way, the said party of the first part hereby agrees to construct at his own cost and expense, a series of concrete steps, with necessary railing for proper protection, leading from the grade of the improved portion of Sunapee way to the grade of Alderson street, the plans for the said steps and railing shall be subject to the approval of the Director of the Department of Public Works, and the work to be performed under the direction and supervision of the Department of Public Works of the City of Pittsburgh.
Tenth: The said party of the first part furthermore agrees to construct a walk, steps and landings on the southerly half of Maeburn road (not vacated by this agreement, from Murray avenue eastwardly 96.95 feet more or less, having a width of at least five feet, the walks and steps to be protected by proper railing where necessary. The plans for the said walk, steps, railing, etc., shall be subject to the approval of the Director of the Department of Public Works and the construction work done under the direction and supervision of the Department of Public Works of the City of Pittsburgh.
Eleventh: The said party (of the first part) agrees that he will construct the steps stipulated for in paragraphs 9 and 10 on or before six months from the date of the signing of the agreement authorized by this ordinance, and the first party further agrees that if he fails to perform this condition of the agreement, within the time specified, that, then the second party (City of Pittsburgh) shall forthwith, upon such failure, have the right and power to construct said steps and collect, by suit or otherwise, the full cost of such construction from said first party.
In Witness Whereof, the said party of the first part has hereunto set his hand and seal the day and year above written.
| ................................................................. | |
| Witness | ............................................ |
| CITY OF PITTSBURGH, | |
| By .................................................... Mayor. | |
| ................................................................ | |
| Director of the Department of Pulic [sic] Works. |
Approved as to form:
......................................................
City Solicitor.
Section 2. 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 December 17, 1923.
Approved December 27, 1923.
Ordinance Book 35, Page 75.
