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
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REFERENCESSFC. '2. W V7- of QE►� � i 00P-TH Lzw CO►J-32
DIVISION AUTHORIZATION I DRAWING NO. r_,Ir-