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Home My WebLink AboutResolution No. 5557RESOLUTION NO. 5557 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF A CONSENT TO COMMON USE AGREEMENT WITH PACIFIC GAS & ELECTRIC COMPANY WITHIN THE SPINNAKER POINT DEVELOPMENT, SAN RAFAEL, CALIFORNIA 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 within the Spinnaker Point Development, 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 second day of October, 1978, by the following vote, to wit: AYES: COUNCILMEN: Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen and Mayor Bettini JFJGNE M. LEONCINI, City Clerk 0R1q(_7"1NAL EXHIBIT W CONSENT TO COMMON USE THIS AGREEMENT, entered into this 2nd day of October 19 78 , 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 rights of way and easements for electric transmission facilities described in the deeds conveyed by: 1. Marin Realty Company to Company by deed dated November 12, 1952 and recorded in Book 780 of Official Records at page 180, Marin County Records. (L.D. 2401-06-0063) 2. Marin Realty Company to Company by deed dated December 12, 1912 and recorded in Book 148 of Official Records at page 235, Marin County Records. (L.D. 2401-06-1182) P.G.& E.CO. COPY 62-4214 PG 1 OF 4 and -2 - or gogosgs to acquire 11�fIEREAS, Agency has acquiredicer ain an s for public use area, streets and all other related facilities in the \UXiXi) Xa City of S -an 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 in red on the Company's Drawing No. CON -6, Sheets 3, 4 and 5 marked Exhibit "A" attached hereto and made a part hereof. 4 62-4214 PG 2 OF 4 IBM NOW, THEREFORE, Company and Agency hereby mutually agree as follows: 1. Company hereby consents to the construction, reconstruction, maintenance or use by A ency of gai d lands for ni►hl i r area use streets and all other related facilities 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. H. Williams at 750 Lindaro Street in San Rafael, telephone (415) 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 a representative of the Company may ilnspect 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. You shall, at your expense, trim any trees or shrubs which exceed a height of 15 feet. 62-4214 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. PACIFIC GAS AND ELECTRIC COMPANY Y A. traeg Manager North Bay Division Attest CITY OF SAN WAEL By _ - Vi a or Attest + A * � �9'''�" City Clerk Approved as to Form: Assistant City A U ney 62-4214 PG 4 OF 4 /. ]•71 •Y MAP MA. -TC H '514EEI . i �t LINE *? (,0 .v DWE-j. 211(.3 2401—Oce— 1182 r r V<E Unless otherwise show all courses extend to 0 along boundaries or li es - VISION ETC 7 9,4$ _—LIUE 4 i 1 o I al ' j !u 1 TIS Q&C10-5d►-� } 1 L I ►JE 232 Q 1151Cv + 7 DvJC, 2O(.047 J L.D. 2421- OC. -004-3 U 5P11J►.�.K�P PDQ HJT DEV E ILD P r-IEN)C , EXH[Bff A 31-4EET 3 OF 5'5NEETS CITY. RANCHO. SU COW5ENT F02 �JP11�11Jl�.K.E4Z PO1 Q_T DEVEL�PMC►A_r F_,& -!b7 5d.ti1 26►FQ►EI. CALIFORNIA LEGEND , 1BCA``L,,E SECTION TOWNSHIP RANGE MERIDIAN COORDINATES ZONE_.--- Q CALCULATED COORD. ~O~� 1 SCALED COORD. DATE COUNTY OF M W21 1 g 23-�8 U.S.G.S. QUAD DR. BY: 2/J1,A CH. BY: DIVISION AUTHORIZATION DRAWING NO. MQ -CC 1-1 5H EE.7 , r ' � �ZG►.14G1�0-SDVSb.I.I-T � LICE c�okv I 211Ca3 l L.D. .?401-O(o- 1183 1 d m r SNEE.i 4 OF S SHEETS Maic N Unless otherwise shown _ all courses extend to or SHEET r� along boundaries or lines �� f I l LI UE 3 l I64►1AG10 - S/_.0 V.&M- 1 LIWE O 232 115k.V DWG. ZOCo04-"T =Sol, R L.D, 2401-0l�-00�3 POI UT � DEV E LO P M E Q -C Ll U E 3 CITY, RANCHO. SUBDIVISION. ETC. COW5F_07 Fo�z gP�►�1N�1C.E,Tz Wlt.li DEvELOpME�IT CALIFORNIA LEGEND ! SCALE SECTION COORDINATES ZONE-.----.-- Q V400E CALCULATED COORD. - SCALED COORD. DATE COUNTY OF -,25- -7 6 U.S.G.S. QUAD F. B.: J 1 M BIT A E/sS-T S,a1J PA.Fa.EL TOWNSHIP RANGE MERIDIAN i REFERENCES DR. BY: IZ ` H CH. BY: COIJ- 5 DIVISION i AUTHORIZATION DRAWING NO. Z.0 ►.1J�G1 U - g�LIS�TL DWG , 2113 L.D. 24.01-b�- 113 b/ 561,1o.C.1 O - SdIJ 2&F&EL ':"25'Z 1151Gy DWG . 20Co04? L.O. 2401-0<o- Oo43 SPI ►JN4IGEQ. i�►J i \: DEVELOPME�-f , 140 �,; / \�. I MAI -TN r Ll V E 5+-I EE -f / 1 4 �v,� Unless otherw'se shozn E�,'T rj o S lbAEE75 h all courses ex end t dor GO� along bound ies or lines I / CITY. RANCHO, SUBDIVISION. ETC. CONSENT F02 SPII�It�iAly PDIoT DEvCLOPMENT CArS� Sa.N RdFAEL CALIFORNIA LEGEND SCALE ..—. SECTION TOWNSHIP RANGE MERIDIAN COORDINATES RIIDIAN COORDINATES ZONE.. --__.r? t ® CALCULATED COORD. SCALED COORD. DATE COUNTY OF U.S.G.S. QUAD �-+_ F,B„ DR. BY: e%s.H CH. BY: `T and N021 N <34Y CO fJ - 5 I DIVISION AUTHORIZATION DRAWING NO. FER ENCES