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Home My WebLink AboutCC Resolution 7679 (Silviera Parkway)RESOLUTION NO. 7679 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF A COMMON USE AGREEMENT WITH P.G.&E. FOR SILVEIRA PARKWAY THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael,a Common Use Agreement with Pacific Gas and Electric Company for construction of Silveira Parkway within an easement for gas transmission facilities, a copy of which is attached hereto and incorporated herein by this reference. 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 16th day of February, 1988, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Fruaoli A Cr' JEANNE M. LEONCINI , City .Clerk 0R!nl 'i��i �� I.G.GE.CA. f Copy f CONSENT TO COMMON USE THIS AGREEMENT, entered into this day of �L 19s�,� , by and between PACIFIC GAS AND ELECTRIC COMPANY, hereinafter called "Company", and the CITY OF SAN RAFAEL hereinafter called "Agency", WITNESSETH WHEREAS, Company is the owner in possession of certain rights of way and ease- ments, hereinafter referred to as "Company's easement", described as follows: The right of way and easement for gas transmission facilities granted by Frieda Smith and others to Company by deed dated June 17, 1960 and recorded in Book 1422 of Official Records at page 371, Marin County Records (2402-06-0079). yY/ 62-4214 PG 1 OF 4 and or is about to acquire WHEREAS, Agency has acquired certain lands for_stree Rurposes, namely Silvera Parkway in the vicinity of San Rafael , County of Marin , hereinafter referred to as "Agency right of way", and WHEREAS, the Agency right of way occupies a portion of Company's easement and is subject to said easement, which said portion is hereinafter referred to as "Area of Common Use" and is described as follows: As shown by the cross hatched area upon the drawing marked "EXHIBIT A" attached hereto and made a part hereof. 62-4214 PG 2 OF -3 - NOW, THEREFORE, Company and Agency hereby mutually agree as follows: 1. Company hereby consents to the construction, reconstruction, maintenance or use by Agency of a city street awely. Si1vera Parkwav over, along and upon Company's easement in the area of common use subject to Company's right and easement to use said area of common use for all of the purposes for which Com- pany's easement was acquired and to the terms and conditions herein contained. Company does not by this consent and shall not be deemed to subordinate its rights in the area of common use to any use which Agency shall make of said area. 2. Except as expressly set forth herein, this agreement shall not in any way alter, modify or terminate any provision of Company's easement or the priority thereof over the title of Agency in said area of common use. Both Agency and Company shall use said area of common use in such a manner as not to interfere unreasonably with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which Company or Agency may now have or may hereafter ac- quire resulting from the construction of additional facilities or the alteration of existing facilities by either Agency or Company in such a manner as to cause an unreasonable inter- ference with the use of said area of common use by the other party. 2a. All utility line crossings shall be installed above or below Company's existing gas line and provide a minimum vertical separation of twelve inches between any pipe lines or conduits and Company's gas lines. 2b. Company's gas lines shall be exposed by hand trenching prior to using any machinery within said area. 2c. The ground cover shall not be decreased to less than thirty-six inches or increased to more than sixty inches over Company's existing gas line. 62-4214 PG 3 OF -4- 3. -I- 3. This agreement shall inure to the benefit of and be binding upon Elle successors and assigns of both parties. IN WITNESS WI-IEItEOF, the parties hereto have caused this agreement to be executed in duplicate by their respective officials thereunto duly authorized. PACIFIC GAS AND ELECTRIC CONIPANY .,-)'4Z� '-� M 2 Attest CITY OF SAN RAFAEL B � L a&Vr4-c� Is 97 PU C, c A4 y o A Attest '/ L I1tN� M - L&D,-U C f �v ----- � c- 1- z_r �c-�� - 624203 (Corpornllon) Rev. 1/83 STATE OF CakL1F0RNIA l SS. Count of �f .............. .......-..•• ................ 0-1 On this _..�—......... dap �f. t'_., in the year l9 �?/ b %re me, !. Rii4�., --------------•-•----.-----------••----•--•------- , a Notary Public for the State of California, personally appeared.% ..... �7. �sf/'77/J E' ......_... ...... ----------------- P; -----• ......... ..................... p s nal/v kno�ti n tto me/(or roved to re on he alis oj'satisfac•tory evidence t ed person(t) x•ho ee ecuted the within instrument as • . lc�.L�Cl/%�1..\A i!t +l. ll ---..... .r�S O G %G or on hehalf uf...l<1.,.............�<?...._...._......._ --------- Official Seal a corporation, and acknowledged to me that the corporation executed it plllsuant to its by-laws or a resolution of its hoard of directors. 1 A � �-j ........................ ................................................................ Notar►' Public for the State of California OFFICIAL SEAL ri AUGIE RIVAS 5 .ate �' Notary Public -California SONO!vtA COUNTY My Comm Exp. Sep. 27. 1989 v . 1 A � �-j ........................ ................................................................ Notar►' Public for the State of California 6? -33:,J Rev. 5/77 Right of Way Map Soury rt/O✓r9T0 - SAN :��-i�.9f_":::� � &0 �V Unless otherwise shown all courses extend to or along boundaries or lines CITY, RANCHO, SUBDIVISION, ETC. SCALE DATE CaNS 70 C % T; ' c A10AIZE .= -5r4.-v SECTION TOWNSHIP RANGE MERIDIAN I COUNTY OF IrIAC IAI CHG DATE DESCRIPTION AUTH.. CH. F.B.: DR. BY: F6+I CH. BY: rBY IAUTHOR,ZAT,O. �IREFERENCESDIVISION DRAWING NO. CHG.