HomeMy WebLinkAboutCC Resolution 4642RESOLUTION NO. 4642
A RESOLUTION AUTHORIZING THE SIGNING
OF A LEASE OR AGREEMENT
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 lease or agreement with
a copy of which is hereby attached and by this reference made a
part hereof.
I, MARION A. GRADY , Clerk of the City of San Rafael,
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
MONDAY
the 7TH
day of
JANUARY
,
19 74 , by the following
vote, to -wit:
AYES:
Councilmen:
Jensen,
Miskimen, Mulryan, Nixon
and Mayor Bettini.
NOES: Councilmen: None.
ABSENT: Councilmen: None.
MARION A. GRADY, City Clerv—
(AGREEMENT FOR "CONSENT TO COMMON USE" COVERING EXISTING TOWER LINE
EASEMENT ACROSS BELLAM BLVD. WITHIN THE BAHIA DE RAFAEL UNIT 2 SUBDIVISION.)
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 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:
1. The right of way and easement for a line of towers granted to
Company by Marin Realty Company, a corporation, by deed dated
November 12, 1952 and recorded in the office of the Recorder of the
County of Marin in Book 780 of Official Records at page 180 (2401-06-
0063).
2. The right of way and easement for a line of towers granted to
Company by Marin Realty Company, a corporation, by deed dated
December 17, 1912 and recorded in the office of the Recorder of the
County of Marin in Book 148 of Deeds at page 235 (2401-06-1182).
62-4214 PG 1 OF 4
P.G.& E. CO.
Ma
and
WHEREAS, Agency has acquired certain lands for construction of
Bellam Boulevard
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:
The strip of land of the uniform width of 50 feet, delineated by
the cross -hatched area upon Company's Drawing LN 5881 attached hereto
and made a part hereof.
62-.4214 PG 2 OF 4
1
-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 Bellam Boulevard
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.
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
B . i�' _ _ _/ " -�- NORMAN W. BROViN
DIRECTOR OF LAND MANAGEMENT
Attest
CITY OF SAN RAFAEL
Im-
Attest
624203 2.73 (corporation)
STATE OF CALIFORNIA
ss.
Cit and San Francisco---
County of ____._.. _ Lucille Mullen
December in the year 19--73--......, before nle,— --- -- ----"'---'------------ ---------------------
On this ...�__...13 ._..__._. ....day of ...—.____��_,
a Notary Public in and for the said GitY and-- ._ County, duly commissioned and sworn, personally appeared
Norman W. Brown
known to mr to be the of Land ManaZement
of the corporation that executed the within instrument, and to be the person.... who executed the
■ all eegeeeeeeeeteeeeleeeeeeeeeeeeeIII eeerrnanumew!,said instrument on behalf of said corporation therein named, and acknowledged to me that such
OFFICIAL SEAL =corporation executed the within instrument pursuant to its by-laws or a resolution of its board of
_ LUCILLE MULLEN =
f-' NOTARY PUBLIC -CALIFORNIA ?directors.
City ind G..inty .j s,;.`1 rjjj,.L;j1.00 C IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the
San Francisco the day and
c My Commission Upires January 23, 1975 = City and .... _ County of..__._.__ ........ ----------------�
ieenuuuuueennuenreeeeereeurezueraeenereuuecp
year in thy certificate first above written.
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REFERENCES
DIVISION
AUTHORIZATION
DRAWING NO. I