HomeMy WebLinkAboutCC Resolution 4677RESOLUTION NO. 4677
A RESOLUTION AUTHORIZING THE SIGNING
OF A LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as
fol lows :
The MAYOR and CITY CLERK are authorized to execute,
on behalf of the City of San Rafael a lease or agreement with
Pacific Gas and Electric Company ,
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 Tuesday the 19th
day of February , 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 Cler "
(Agreement for "Consent to Common Use" covering P.G. and E, easements
across Kerner Blvd. and Irene Street within Bahia De Rafael Industrial
Park Assessment District.)
CONSENT '1'O COMMON IDSL
THIS AGREEMENT, entered into this_ 9th day of_ February 1974_,
by and between PACIFIC GAS AND LLECTRIC COMPANY, hereinafter called "Company
incl the CITY OF SAN RAFUL
hereinafter called "Agency",
WITNLSSE '1'll
WHERL:AS, 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. 'i'he richt o -F way rand easuv'en'c for a Ii. io of towers �.-ravcofl to
Company by Dlarir ;Zealty Corn};any, cervi 2rario;1, by e.c 'I€c_. �i
"ove-ber 121, 19!;. allU recordc,' i tl,.`- of. i'i_.e of thj i.ecur..cr of
the Cn:;r.Cy of !%lari;: i..; Tool, 7 11� 0-F(;; fir i, :l. 'Wcor<is a.. l:agc I-0,
?. The ri-lit ofway an(- ��asc.,e;:' Fri. a li.il. r;-itawc'r; �•ieintc:�' io
Lornlurny by Hari'i ke;tlty l:c»n;-ri),v, r; r...rlrcjra'l: i by
Decevbo:v 17 1912'. ,
•:n�. rucorc?c, is trto oI'fi.cir of the :i-cor,
thc- "ounty of ,-Iari;, ir, uooj, 1. r.�' i►r a, 23 ( _ 1
62-4214 PG i of 4
and
10'41
WHE'REAS, Agency has acquired certain lands for constx:xtic,,._ of :_urner
Boulevard and Irene Stref-t
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 parcel of land shown by the cross-h:i r cheo area u1,o tilt ia, tac l cd Cirlwing
of Bahia De Rafael Im',ustrial Park, Sheet £i of 12 Sheets, vlarl,,?( 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 said Kerner Boulevard ani,_ Ircivc Street -
over,
t -over, along and upon Company's easement in the area of conlnlon 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. kxcept ns exprc:,sly het forth hurein, this ag.rL-cnlcnt shall not in ;Illy way alter,
modify or terminate any provision of Company's casement or the priority thereof over the
title of Agency in said area of common use. Both Agency and Ccillpany 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 Agcncy or Company in such N manner ns to cause an unreasonable, inter-
ference with the use of said area of common use by the other party.
G-I-EtI4 PG .9 OF
-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
o
in duplicate by their respective officials thereunto duly authorized.
APPROVED AS TO FORM
City Attorney
1624203 2.73 (Corporation)
PACIFIC GAS AND ELECTRIC COMPANY
B
Attest
CITY 0!7 sA RAFAT-T.,
By -
Mayor
Attest
City Clerk
STATE OF CALIFORNL4
On this."_. -"- 9 County Of --.5.9al-Iraacuaro ...................... . ss.
. ...................... . . . ........ day of._._January ............... it, the year 1,9.74 Lucille
a Notary Public in and for the said ..... . . . .... ........... b,fm -e I,,, --- ----------------- -------------------------------
�Iullen
. ...................................................... . ............................................-------------- — ------- County, duly commissioned and sworn, Personally aPPeared
. ...................... ........ ..................................... Numan ... w ... A ................................................. ...... . .. ....................... . ........ ...... - ---- - ----- - -- - -------------
jrm.jn ................... ....... .................... --------------------------
Own to me to be the tor c) ---------- --- ----- - - -- - --------------------- --- ---- --------------------------------------------
..!R ... . ....... --------- . . . . ...... . .......... . ..................... . .......
...................... . .............. ....... . . ...................... . ......................................................... .................................. ... . .. .
of the corporation that executed the within instrument, and to be the Person—who executed the
said instrument on behalf of said corporation therein named, and acknowledged 701edqed to me that such
corporation execreled the within instrument Pursuant to its by-laws or a resolution Of its board of
A L
directors.
7'Nl" h, I have herelipst. vj*j
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