Source:Ordinance-1968-668/content

No. 668

AN ORDINANCE—Vacating Oliver Avenue for its full width from Wood Street to Liberty Avenue, excepting and reserving the 12-inch water line and 36-inch sewer line located in Oliver Avenue; vacating King's Way for its full width from Oliver Avenue to a point 87.33 feet southwestwardly therefrom; vacating Hillsboro Way for its full width from Oliver Avenue to a point 68.47 feet southwestwardly therefrom; and condemning for extinguishment private rights, if any, in or on the foregoing portions of streets for public purposes; and providing certain terms and conditions.

Whereas, a Petition and Affidavit have been filed in the Office of the City Clerk by Oliver Tyrone Corporation and Pittsburgh National Bank, as the owners of all of the property fronting or abutting on Oliver Avenue between the aforementioned terminals, and by Oliver Tyrone Corporation as the owner of all the property fronting or abutting on the line of King's Way and Hillsboro Way before the abovementioned terminals, praying that the Council of the City of Pittsburgh enact an ordinance for the vacation of Oliver Avenue between said terminals and of King's Way and Hillsboro Way, between said terminals; and

Whereas, as successor by merger to Pittsburgh Business Properties, Inc., Oliver Tyrone Corporation is the owner of all properties fronting or abutting on Oliver Avenue, King's Way and Hillsboro Way, formerly owned by Pittsburgh Business Properties, Inc.; and

Whereas, the vacation of said streets and the condemnation for extinguishment of said private rights are in the public interest in that such acts serve, to make possible the use of this area in a manner consistent with the master plan for the downtown area, and to facilitate the establishment of open spaces within the congested downtown area; and

Whereas, 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. The following streets and ways in the Second Ward of the City of Pittsburgh are hereby vacated, subject to the conditions hereinafter set forth:

(a) Oliver Avenue, for its full width between Wood Street and Liberty Avenue, excepting and reserving the 36-inch sewer line and 12-inch water line located therein subject to the provisions of Section 2(b) hereof;

(b) King's Way for its full width from Oliver Avenue to a point 87.33 feet southwestwardly therefrom; and

(c) Hillsboro Way for its full width from Oliver Avenue to a point 68.47 feet southwestwardly therefrom.

Section 2. The vacation of the foregoing streets shall be subject to the following conditions:

(a) The City shall receive the amount of $100,000.00 as a condition precedent to said vacations; and said sum shall be paid to the City at the time of filing with the City Controller of the Certificates of Acceptance provided for in Section 5 hereof, infra;

(b) Oliver Tyrone Corporation and Pittsburgh National Bank shall protect the 36-inch sewer and 12-inch water line in Oliver Avenue from damage during construction work by either of them in such manner as to assure the continued functioning of the sewer and water line and shall, by accepting the terms of this Ordinance, undertake to indemnify the City against any repair costs by reason of such damage to the sewer or water line by them or their contractors. They shall have the right to relocate or have relocated from time to time the sewer and water line, at their own expense, subject to the approval of the Director of the Department of Public Works or the Director of the Department of Public Works or the Director of the Department of Water as may be appropriate, which approval shall not be unreasonably withheld.

If the 12-inch water line in the vacated portion of Oliver Avenue should be abandoned in whole or in part, Oliver Tyrone Corporation and Pittsburgh National Bank shall remove the main and return the hydrants, valves and valve boxes to the City. The City shall cap the main but Oliver Tyrone Corporation and Pittsburgh National Bank shall do all necessary excavation to expose the main where capping is required. If any buildings which received water from the main in the vacated portino of Oliver Avenue are to remain after the main is removed, the rerouting of the interior piping to Wood Street and the new connection at Wood Street shall be at the expense of Oliver Tyrone Corporation and Pittsburgh National Bank.

(c) Oliver Tyrone Corporation shall include in its development plans for its properties abutting on the vacated portion of Oliver Avenue provision for an open space plaza area to be maintained at its expense. Upon the completion of the development, Oliver Tyrone Corporation agrees that the public shall have a license to use as pedestrian walkways between Wood Street and Liberty Avenue such portions of these properties as shall from time to time be laid out as open space plaza areas, reserving to itself, however, all rights or ownership, the right to interrupt and terminate such license, to mark the lines of its property and to impose reasonable rules and regulations for its use by the public, it being understood that the use by the public of such plaza areas pursuant to this license shall not create an easement in the public by implication or otherwise.

(d) Oliver Tyrone Corporation and Pittsburgh National Bank, in their corporate capacities, shall, by accepting the terms of this ordinance indemnify, save harmless and defend the City of Pittsburgh from any claims for damages whatsoever which they or either of them may have by reason of the vacation of said streets between said terminal points, and shall further indemnify, save harmless and defend the City of Pittsburgh from any claims and from the payment of any damages whatsoever resulting to any property owned by them or either of them, or by any persons whatsoever, abutting or non-abutting, for, or by reason of said vacation.

(e) Oliver Tyrone and Pittsburgh National Bank shall, by accepting the terms of this ordinance, waive the right, in their corporate capacities, to ask for the appointment of viewers to ascertain any damages caused by said vacation, and in the event of any viewers proceedings being made necessary by reason of the passage of this ordinance, said corporations shall jointly and severally agree to bind themselves, their successors and assigns, to pay or cause to be paid to the City Treasurer all the costs and expenses incurred therein or in any appeals therefrom, together with all damages awarded.

(f) The right of the City to enter upon the vacated streets to maintain, repair and reconstruct the sewer and water line remaining in service for their appurtenant facilities is hereby confirmed.

Section 3. All private rights, if any, in or on Oliver Avenue between Wood Street and Liberty Avenue, King's Way from Oliver Avenue to a point 87.33 feet southwestwardly therefrom, and Hillsboro Way from Oliver Avenue to a point 68.47 feet southwestwardly therefrom, are hereby condemned for extinguishment by the City of Pittsburgh for the public purposes of eliminating public traffic and extinguishing private rights of passage along the said portions of the streets, the improvement of traffic flow along Liberty Avenue and Wood Street and the use of this area in a manner consistent with the master plan for the downtown area, which plan envisions the closing of these portions of Oliver Avenue and the above ways and the use of the area for development purposes, and the facilitation of the establishment of open spaces by means of a landscaping program in the area.

By accepting the terms of this ordinance Oliver Tyrone Corporation and Pittsburgh National Bank, in their corporate capacities, shall indemnify and save harmless the City of Pittsburgh from any and all costs, damages and claims for damages arising by reason of the condemnation and extinguishment of said private rights.

Section 4. The obligations of Oliver Tyrone Corporation and Pittsburgh National Bank under this Ordinance shall be binding upon their successors and assigns.

Section 5. If the terms of this ordinance are not accepted in writing by Oliver Tyrone Corporation and Pittsburgh National Bank by the filing of their duly executed Certificates of Acceptance of the terms hereof with the City Controller within ninety (90) days of the approval hereof, this ordinance shall be null and vaid [sic] and of no effect.

Section 6. 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 23, 1968.

Approved December 27, 1968.

Ordinance Book 70, Page 247.