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Resolution authorizing the City of Pittsburgh, the Director of Public Works, and 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 two light (2) poles and one (1) anchor along with thirty (30’) feet of vegetation clearing rights located upon City-owned property in the parking lot of the Pittsburgh Zoo (Parcel ID 82-H-1-0-2) at no cost to the City.
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WHEREAS, the City (“the Grantor”) is the owner in fee simple of that certain parcel of real property located in the 11th Ward of the City of Pittsburgh, County of Allegheny, Commonwealth of Pennsylvania, being identified as Parcel Tax ID 82-H-1-0-2 in the Allegheny County Department of Real Estate, as more particularly shown on Exhibit “A” attached hereto (the “Property”);
WHEREAS, Duquesne Light Company (“the Grantee”) has been asked to provide electric services to a Pittsburgh Water and Sewer Authority pump house located upon the Pittsburgh Zoo’s parking lot;
WHEREAS, the Grantee wishes to install two (2) poles and one (1) anchor together with the guy wires and other apparatus thereto upon the Property;
WHEREAS, the City is willing to provide a permanent easement to Duquesne Light to install, use, own, operate, maintain, repair, renew, and finally remove two (2) poles, #475940 #475941, and one (1) anchor, together with the guy wires and other apparatus thereto upon, over, under, along, across, and through certain portions of Parcel 82-H-1-0-2, as shown in Exhibit A;
WHEREAS, the City is willing to grant Duquesne Light thirty (30’) feet of vegetation clearing rights.
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 with Duquesne Light Company for the installation, use, operation, maintenance, repair, and removal of two (2) poles, #475940 #475941, and one (1) anchor along with thirty (30’) feet of vegetation clearing rights 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.
Section 2. The Easement 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.
EXHIBIT A
DRAWING(S) DEPICTING EASEMENT AREA - Plan