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Resolution authorizing the City of Pittsburgh, the Director of Public Works, and the Director of Finance, to enter into an easement agreement or agreements with Duquesne Light Company and Pittsburgh Water to provide, install, use, own, operate, maintain, repair, renew, and finally remove one (1) pole anchor upon City-owned property (Parcel ID 82-G-50); six (6) poles, five (5) anchors, and overhead wires upon City-owned property (Parcel ID 82-H-1-0-2) (collectively, the “DLC Assets”); to manage vegetation on parcel 82-H-1-0-2 in the vicinity of the DLC Assets; and to perform landscaping in the vicinity of the DLC Assets, at no cost to the City.
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WHEREAS, the City is the fee owner of certain land located in the City of Pittsburgh, County of Allegheny, Pennsylvania, designated by the Allegheny County Recorder of Deeds as Block and Lot Nos. 82-G-50 and 82-H-1-0-2 (collectively, the “Property”); and
WHEREAS, the Pittsburgh Water and Sewer Authority (“Pittsburgh Water”) is in the process of updating certain assets and infrastructure that are located on parcel 82-H-1-0-2; and
WHEREAS, Duquesne Light Company (“DLC”) has been contracted by Pittsburgh Water to supply electrical power in support of Pittsburgh Water’s aforementioned project; and
WHEREAS, in order to supply electrical power in support of Pittsburgh Water’s project, DLC must install certain assets upon the Property; and
WHEREAS, the specific assets to be installed upon the Property by DLC are: one (1) pole anchor upon parcel 82-G-50 at DLC pole #476061; six (6) poles upon parcel 82-H-1-0-2 at DLC pole #s 476024, 476025, 476060, 476026, 476027, and 476028; five (5) pole anchors upon parcel 82-H-1-0-2 at DLC pole #s 476024, 476060, 476027, and 476028; and overhead wires upon parcel 82-H-1-0-2 connecting said poles; and
WHEREAS, DLC additionally seeks access to parcel 82-H-1-0-2 for vegetation management purposes in the vicinity of the DLC Assets; and
WHEREAS, the DLC Assets to be installed upon the Property, and the vegetation management locations, are more fully described and depicted in Exhibit A, which is attached hereto and incorporated herein; and
WHEREAS, the City is willing to provide an easement or easements to access the Property to DLC to install the DLC Assets, and to manage vegetation, in the specific locations identified and highlighted in Exhibit A (the “Project Sites”); and
WHEREAS, Pittsburgh Water additionally seeks access to the Project Sites to perform various landscaping activities in the vicinity of the DLC Assets; and
WHEREAS, the City is willing to provide an easement or easements to Pittsburgh Water to access the Project Sites to perform the landscaping activities in the vicinity of the DLC Assets; and
WHEREAS, there will be no cost to the City in conjunction with DLC’s or Pittsburgh Water’s access to or use of the Property or the Project Sites.
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. The Mayor, the Director of Public Works, and the Director of Finance, on behalf of the City of Pittsburgh, are authorized to enter into a permanent easement agreement or agreements with Duquesne Light Company for the installation, use, operation, maintenance, repair, and removal of the DLC Assets on the Property, and for the management of vegetation in the vicinity of the DLC Assets (the “DLC Easement” or “ DLC Easements”).
Section 2. The Mayor, the Director of Public Works, and the Director of Finance, on behalf of the City of Pittsburgh, are authorized to enter into a permanent easement agreement or agreements with Pittsburgh Water for the performance of certain landscaping in the vicinity of the DLC Assets (the “PW Easement” or “PW Easements”).
Section 3. The City, its servants, agents, employees, contractors, invitees, tenants, subtenants, licensees, representatives, heirs, successors and assigns (the foregoing, collectively, the “Grantor Parties”) shall have the continuing right to use the Easement areas for all purposes not inconsistent with the rights granted to Duquesne Light Company and/or Pittsburgh Water under the Easement or Easements.
Section 4. The Easement or Easements will be held permanently by DLC and/or Pittsburgh Water so long as 1) the same may be useful or necessary and 2) the use is held in accordance with the terms of any agreement(s) associated with the easements between the City and Duquesne Light Company, and the City and Pittsburgh Water and 3) DLC and/or Pittsburgh Water performs and maintains landscaping as agreed to with the Department of Public Works.
Section 5. The Easement areas are depicted on the drawings that are attached hereto as Exhibit A.
Section 6. Said Easement Agreement or Agreements shall be in a form approved by the City Solicitor.
EXHIBIT A
DRAWING(S) DEPICTING EASEMENT AREA - Plans