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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 to provide, install, use, own, operate, maintain, repair, renew, and finally remove eight (8) anchors; fifteen (15) poles; one transformer; and associated wires (the “DLC Assets”), located upon City-owned property containing the Pittsburgh Zoo (Parcel ID 82-H-1-0-2), along with vegetation clearing rights within 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 No. 82-H-1-0-2 (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 the Property; and
WHEREAS, Duquesne Light Company (“Grantee”) 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, Grantee must install certain assets upon the Property; and
WHEREAS, the specific assets to be installed upon the Property by Grantee are: eight (8) anchors; fifteen (15) poles; one transformer; and associated wires (the “DLC Assets”), as more fully described and depicted in Exhibit A, which is attached hereto and incorporated herein; and
WHEREAS, Grantee additionally seeks access to the Property for vegetation management purposes in the vicinity of the DLC Assets, as more fully described and depicted in Exhibit A; and
WHEREAS, the City is willing to provide an easement or easements to access the Property to Grantee to install the DLC Assets, and to manage vegetation, in the specific locations identified and highlighted in Exhibit A (the “Project Sites”); and
WHEREAS, there will be no cost to the City in conjunction with Grantee’s access to or use of 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 eight (8) anchors; fifteen (15) poles; one transformer; and associated wires on City-owned property (Parcel ID 82-H-1-0-2) (the “Easement”).
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 Area for all purposes not inconsistent with the rights granted to Duquesne Light Company under the Easement or Easements.
Section 2. The Easement or Easements will be held permanently by Grantee 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 Easement between the City and Duquesne Light Company.
The Easement and Easement Area are depicted on the drawings that are attached hereto as Exhibit A.
Section 3. Said Easement Agreement or Agreements shall be in a form approved by the City Solicitor.
EXHIBIT A
DRAWING(S) DEPICTING EASEMENT AREA - Plan