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Home My WebLink AboutCC Resolution 8035 (Lindara St. Storm Water Pump Station)RESOLUTION NO. 8035 RESOLUTION ACCEPTING GRANT OF EASEMENT FROM PACIFIC GAS AND ELECTRIC COMPANY FOR LANDS OF THE LINDARO STREET STORM WATER PUMP STATION WHEREAS, a boundary survey was performed on PG&E lands bounded by Lindaro Street, Second Street, Lincoln Avenue and San Rafael Canal, further designated as AP #13-021-10; WHEREAS, it was discovered that the City owned Lindaro Street Storm Water Pump Station was located within the boundary of said parcel; and WHEREAS, Pacific Gas & Electric Company (PG&E) has prepared and offered a grant of easement over their land to accommodate said storm water pump station; and WHEREAS, the public interest, convenience, necessity and welfare require that said easement be accepted and used for the benefit of the public of the City of San Rafael. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael, California, does hereby accept that certain easement from Pacific Gas & Electric Company for lands of the Lindaro Street Storm Water Pump Station, for and on behalf of the City of San Rafael, all as more particularly described and set forth in Exhibit "A" attached hereto and incorporated herein by reference, and the Clerk of said City is hereby directed to cause said deed to be duly recorded in the Office of the County Recorder of the County of Marin, State of California, forthwith upon the adoption of this resolution. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute said easement so as to accomplish the conveyance. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 18th day of September, 1989, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None1 JEA M. LEONCINI� 01PIC(k 01 AFTER RECORDING RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY 111 Stony Circle Santa Rosa, California 95401 Attn: Land Department 1000-0207 San Rafael Service Center NB173 6 89 1 EASEMENT PACIFIC GAS AND ELECTRIC COMPANY, a California Corporation, hereinafter called first party, hereby grants to the CITY OF SAN RAFAEL, a municipal corporation, hereinafter called second party, the right, to excavate for, install, replace, maintain and use a storm drain pump station with neces- sary appliances, fittings, manholes, conduits, service boxes and other fix- tures in connection with said storm drain, together with a right of way therefor, within the parcel of land, Situate in the City of San Rafael, County of Marin, State of California described as follows: (APN 013-021-10) Commencing at a point in the easterly boundary line of the original Lindaro Street, City of San Rafael, as described in the deed recorded in Book J of Deeds at page 188, Marin County Records, distant south 60 45' west 14.0 feet, south 83° 33' east 33.0 feet, south 60 45' west 300.78 -feet and south 8° 53' west 53.72 feet from the monument shown upon that certain map of a portion of Lindaro Street,.City of San Rafael, recorded in Book 2 of Official Surveys, at page 83, Marin County Records, as marking the intersection of the centerline of Lindaro Street with the curb line on the southerly side of Second Street, and running thence south 80 53' west 367.52 feet to the true point of beginning: thence from said point of beginning, (1) south 70 15' west 18.66 feet to a point in the northeasterly boundary line of the railroad right of way of Northwestern -1- EXHIBIT A �_ Pacific Railroad Company: thence (2).south 54° 38' east along the last mentioned boundary line 15.74 feet, to a point in the easterly boundary line of said original Lindaro Street; thence (3) north 6° 45' east along the last mentioned boundary line 25 feet; thence (4) north 54° 38' west 15.29 feet: thence (5) south 8° 53' west 6.13 feet to -the point of beginning. Second party shall not perform any work hereunder without giving first party at least forty eight (48) hours notice of second party's desire to do so in order that a representative of first party may be present for the inspection and approval of such work. Said notice shall be given to: Redwood Region Land Superintendent 111 Stony Circle Santa Rosa, Ca. 95401 (Phone 707-577-7258. Second party shall promptly backfill any trench made by it to said parcel of land and restore the ground cover within said parcel of land as near to its original condition as practicable in such a manner so as not to reduce the vertical clearance between first party's existing electric transmission lines and the ground thereunder below the minimum requirements set forth in General Order No. 95 of the Public Utilities Commission of the State of California. No tools, machinery, equipment, apparatus, materials or supplies, nor any part thereof shall be erected, handled or operated within 10 feet of any high voltage line energized to 50,000 volts or less. With respect to conductors energized at more than 50,000 volts, no tools, machinery, equipment, apparatus, materials, or supplies, nor any part thereof.shall be erected, handled or operated closer than the minimum clearances set out in the High -Voltage Electrical Safety Orders of the California Division of Industrial Safety, which said minimum clearances are incorporated herein by reference. The easement granted herein may be considered by others to be an implied indorsement of second party's plans. As a consequence, first party asks that second party assure, by acceptance of this easement that second party has given due consideration to the ecological and environmental impact of its installation and has complied with, or will comply with, the applicable pro- visions of the Environmental Quality Act of '1970 (California Public Resources Code, Sections 21000 et seq.) Second party shall indemnify first party, its officers, agents and employees against all loss, damage, expense and liability resulting from injury to or death of persons, including, but not limited to, employees of first party or second party, or injury to property, including, but not limited to,. property of first party or second party arising out of or in any way connected with the exercise of the rights herein granted including any loss, damage, expense, or liability as may be caused by the sole negligence or willfull misconduct of first party; Second party's use of said strip of land shall be at second party's sole risk and expense; -2- Second party acknowledges first party's title in and to said strip of land and priority of first party's title therein and agrees never to assail or resist said title: and In the event first party's use of said strip shall necessitate a rearrange- ment, relocation, reconstruction or removal of said installation, second party shall effect such rearrangement, relocation, reconstruction or removal at second party's sole cost and expense. The foregoing grant is made subject to all liens and encumbrances which may affect said parcel of land and the word "grant" as used herein shall not be deemed to be a covenant against the existence of any thereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. SLATE OF CALIFORNIA ss. COUNTY OF MARIN On this 25th day of SEPTEMBER 1989, before me, JEANNE M. LEONCINI, Notary Pudic in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared LAWRENCE E. PIULRYAN personally known to me'�t�s£actory- �+ric-e} to be the Mayor of the City of San Rafael that executed the within document and acknowledged to me that said City of San Rafael did execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. OFFICIAL SEAL JEANNE M. LEONCINI 1 NOTARY PUBLIC - CALIFORNIA i MARIN COUNTY tQ pn`P ►1y Comm. Expims NG" 29. I991 1 JEANNE M.(IEON�CINI, NOTAR�UBLIC in and for said County and State. (CORPORATION) STATE OF CALIFORNIA ) County of Sonoma )S.. a On this 21st day of September, in the year a Notary Public for the State of California, personally before apme,peared ared Riva. Don Van Alen, personally known to me ed to o appeared of satisfactory evidence) to be the (or Proved to me on the basis instrument as Re ptrson who executed the within Regional General Services Manager, or on behalf of Pacific Gas and Electric Company, a corporation, and acknowledged to me that the corporation executed it pursuant to its by-laws or a OFFICIAL SEALr- resolution of its board of directors. AUGIE RIVAS ' Notary Public -California SONOMpSep.2COUNTY Nota P blic for the State of California My Comm. 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