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HomeMy WebLinkAboutResolution No. 5716RESOLUTION NO. 5716 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF A CON- SENT TO COMMON USE AGREEMENT WITH PACIFIC GAS & ELECTRIC COMPANY IN THE SEASTRAND SUBDIVISION 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 consent to common use agreement with Pacific Gas & Electric Company for construction of certain improve- ments in the Seastrand Subdivision, a copy of which is attached hereto, marked Exhibit "A", and incorporated herein by this reference. I, JEANNE M. LEONCINI, City 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 2nd day of July, 1979, by the follow- ing vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None EANNE M. LEONCINI, City Clerk 1 - ' CONSENT TO COMMON USE THIS AGREEMENT, entered into this day of , 19 , by and between PACIFIC GAS AND ELECTRIC COMPANY, hereinafter called "Company", and the (TTY OF SAN RAFAR 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 rights of way and easements for electric transmission facilities described in the deeds conveyed by: 1. Ferard Leicester and wife by deed dated February 26, 1953 and recorded in Book 799 of Official Records at page 538, Marin County Records (L.D. 2402-06-0637). 2. Custom Builders of Marin and others by deed dated October 13, 1960 and recorded in Book 1413 of Official Records at page 560, Marin County Records (L.D. 2402-06-0373). IL COPY 0 62-4214 PG 1 OF 4 and ..2.. or proposes to acquire WHEREAS, Agency has acquired/certain lands for street, storm drain, in the �KXXXiXY}hifX City 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: The area shown outlined in red on the Company's Drawing No. CON -32, Sheets 1 and 2, marked Exhibit "A", attached hereto and made a part hereof. co. rnoY 62-4214 PG 2 OF 4 -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 said lands for street, storm drain, sewer and public use area 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. Agency shall notify Company's District Electric Superintendent, Mr. R. J. Flynn at 750 Lindaro Street in San Rafael, telephone 456-7272, Ext. 189, at least 48 hours prior to the commencement of and upon completion of any work within said area in order that he or his representative may inspect and approve of your operation hereunder. 2b. Agency shall not plant any trees or shrubs within said area which normally exceed a height of fifteen (15) Feet at maturity. f r.: 2c. Agency shall not reduce vertical clearance below a distance of 35 feet O -a r i s beneath the conductors of Company's overhead electric transmission line and the around thereunder. ez—az,a PG 3 of 4 -4- 3. This agreement shall inure to the benefit of and be binding upon the successors and assigns of both parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate by their respective officials thereunto duly authorized. APM)VEE 1 � � CITY ATTORNEY PG&E CO. APPROVI LAND , ELEC.OPE v / GAS OPER. MGR. G.S.'1 PACIFIC GAS AND ELECTRIC COMPANY Ely R. A. Draeger Manager North Bay Division Attest CITY OF SAN RAFAEL Mayor Attest 94-�� City Clerk F. G. tr E. C0- CCPY 62-4214 PG 4 OF 4 -4- 3. This agreement shall inure to the benefit of and be binding upon the successors and assigns of both parties. IN' WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate by their respective officials thereunto duly authorized, CITY ATTORNEY iPG?E CCI, A. P:=Rr-WED LAND , _�;_ ELEC.O?r _ -- GAS Of, :,. X -'-` i PACIFIC GAS AND ELECTRIC COMPANY B R. A. Draeger Manager North Bay Division Attest CITY OF SAN RAFAEL Attest 62-4214 FG 4 OF 4 X338 Rev. 5/77 Right of Way Kap L.D,2[►,02-O�-Go4p L -p 2402� -6 -0-0-i3 IGhiQCto- S��Sd�1�o Z402.- Cc. - 0(.3'i LI+�1G, 211(.3 17 0 kV 1:Gki4C10- 54,0 IZ&F&CL. 30' LI E. '�- I LI NE. 'Z3? 115 I`V De�JG 20r✓04co k 04-7 u pEp�p �aG D 34- 8/4 2 A 30 - ----=51"ot2M DIZA10 m n i = DITC4 CoOc. LIVED D 3 � 27 cl 4 � a,/4"1 � � I m&-TC14 � P � L11.1 E ;t► 23 SECT 1 05 2 SHEETS '7 ���.�.�r�� W n I Z2 Un%ss otherwise shown (p- all courses extend to or — along boundaries or lines I 21 CITY, RANCHO. SUBDIVISION, ETC. CITY OF '5&h4,&FAEL SCALE DATE COt�S��l"C FpC SEA�Z2A�lQ rlo►\�E IZ- l7 -?a Suao►VISi nlli • SECTION TOWNSHIP RANGE MERIDIAN 3S 2U G w MQ COUNTY OF M4.12-1 CMG DATE DESCRIPTION RUTH. BY CH. F.L.: DR. BY, M7bN CH. BY: `v t o �E 4- Non_TI-IiWFcok)-32REFERENCES DIVISITHORIZATION DRAWING NO. CHC. , d Rev. 5/77 ..,ght of Way Map LINE 417 (oOv-v 50' fi; 4 27 DWG, . 2113 /4"T Ll 0 E �1 � 23 22 D� R► 21 r A 10 -- l2 3 � P, 15 l L V' PuBuG OPEIO SPA�c- -- = 5kE`1lTdQY 5>rW P&J2CEL 6, ---=•�iOQM DiZdIIJ L,O, 2402-aG�- 033 • 2402 - OL - p�3? —�— = DITCH CO C. LIVED 240S - 56J,)Q \,F4EL. 80' LINE I Li1JE, IIS 1GV DWG, 200004Ca j 04-7 1 �4S 1,50EET 1z Og 2 SHEETS 5slJ Q.�FaEL � Unless otherwise shown CLS.t�.) d L, I&T A all courses extend to or along boundaries or lines CITY, RANCHO, SUBDIVISION. ETC. =0C1'j1y OF ��AN Q�FaE.L. �•''F �T F02 SEAS?Q,A,I�D SCALE DATE Su��lvlslo� t ;DQE 17.-l3- SECTION TOWNSHIP RANGE MERIMAN 2 l ►� COUNTY OF Mde1�J CHG PATE I DESCRIPTION AUTH. BY CH. F.B.: 1 JEG •wvz 5 DR. BY: 12Aa GH. BY: REFERENCESSFC. '2. W V7- of QE►� � i 00P-TH Lzw CO►J-32 DIVISION AUTHORIZATION I DRAWING NO. r_,Ir-