HomeMy WebLinkAboutResolutions 87-008 N.C.S. 01/12/1987i
1 Resolution No. 87-8 N.C.S.
of the City of Petaluma, California
RESOLUTION AUTHORIZING
CITY MANAGER TO EXECUTE AGREEMENT
FOR
CONSENT TO COMMON USE
" AGREEMENT BETWEEN PG&E
AND THE CITY OF PETALUMA
BE IT RESOLVED that the City Manager, John Scharer, be, and he
is hereby, authorized to execute on behalf of the City of
Petaluma an agreement with PG&E (Pacific Gas & Electric Co.)
for consent to common use in order to improve the roadway of
Cader Lane over their underlying easement in order to facilitate
improvements by Sola Optical Co., Inc.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the App as to
Council of the City of Petaluma at a (Regular) (Adjourned) (3y~>~)!~ meeting fO
on the .--.12th--......-.. day of ..................I,an~u,a~~--.-............-......-, 19.~iZ--, by the
following vote: ......---- -•-----------------------
Attorney
AYES: Davis, Sobel, [afoolsey, Cavanagh, Balshaw, ®ice Mayor Tencer, Mayo ~lligoss
NOES: ~
ABSENT: ~ _
ATTEST: L~~''~`
Cit erk
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Mayor
Gbuncil File ...................................
CFl 10-85 Kes. No. ....._87. .8.......... N.C.S.
CONS;E.NT TO COMMON USE
23'-1 ~ e~,~-
THIS AGREEMENT,. entered into this 'day of ~C 19~,.
b,y and between PAGTFIC GAS AND'~ELECTRIC COMPANY; hereinafter called "Company",
;and the Ci.t_y of Petaluma ,
hereinafter called "Agency", ~ ,
WITNESSETH
WHEREAS, Company: is the owner `in possession of certain rights of `way-and ease-
meets, Hereinafter referred'; to .as "Con3pany's easement", described as follows:
1. Adel i.na Sartori to. Company by deed dated' October 9, 1.940' and
recorded i'n th'e' office of the: Recorder of the County of Sonoma,
State of California' i'n. Book 511 of O;ffcia~l Records at page
186.(2405-07-0:582).
s~_a2,tn ac t na a
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Wand
WHEREAS, Agency has acquired certain lands for. fh'e construction of
•Cader Lane in Lakevil"1e Business Park
in the vicinity of Petaluma County. of Sonoma ,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:
As. shown by the hatched area upon the drawing marked Exhibit "A"
attached hereto and made, a part hereof.
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NOW, THERE'FbRE, Company and Agency hereby mutually agree as follows:
1. Company hereby consents to the construction, reconstruction, maintenance or use.
by Agency of said street; in Lakeville Business Park and utility crossing
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 snake 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 ., You sha'11, notify PGandE's Mr. Robert Wetmore, Petaluma~~, California,.
telephone (7'07) 76'3=0929, at least 48 hours p;ri or to c~ommenci ng .any
excavation: within said area, and shat"1 hand d`ig to expo e.PGandE:'s
gas main in said area prior to using any power excavating equipment
therein.
2b. Y'ou hail not decrease the ground cover to less than thirty-s'ix
inches or increase the ground cover t`o more than sixty inches over
Faci fi'c'' s :gas 1 i ne .
2c. You shall. maintain a minimum of one foot separation between PGan'dE's.
.gas lime and your proposed storm drain on any crossin`g~of PGandE's
gas 1 i~ne~.
62-4214 PG 3 OF
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6sa.i MICROFILM
BILL OF MATL
~- - ~ BY GM f'RoPO£-EL7 S'1F`.E'06E~>EiVT3 L~ ~.4G~E.L~ L.v
'LIST
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SUPSD BY
• CHKD.- SHEET NO. z ~~ ? SHEET
O.K: REV
aP
VO DATE //-ro B6
PACIFIC GAS AND ELECTRIC COMPANY.
No' oArE ~escRlrion cM owr~. cr+KO: suw: . SCALES
'"°""`c SAN FRANCISCO, CALIFORNIA ,
R E=V F S-CO N S
ea.ub ieev: ~.ni eeumo ew efiro wee. io euw~rw~wr r.oe-o1rt u.ee g 4 3 2 1 0 INCH
-4- '
3. This-agreement shall inure to the benefit. of. and be binding. upon the successors and'
assigns of both parties.
IN WITNESS WHEREOF, th-~ parties heretoha~e caused this agreement to be executed
in duplicate by their ~respecti~.e officials thereunto duly authorized.
PACIFIC GAS AND ELECTRIC COMPANY
AGKNOWL`E DGMEP~IT (Civil Code Se'cti on 1181 (T)) -
STATE OF CALIFORNIA
COUNTY OF SONOMA ~ ss
On this ~~~ day, of eJ'~ 19. before me personally
appeared GEPiE BEATTY ,known :to me to be-the ASSISTANT
cTY r1ANAGEB of the City of Petaluma, and known to me to 6e the per-
son who executed the within instrument on beh`a]f of said City of'Petaluma, a muni-
cipal corporation, and aeknowle;dged to me that such City of Petaluma executed the
same. .. -
-....
;: ;.
Patr Ci a E: Bernard., City Clerk
City of PetaYuma
OFFfGIAI. SEAL
A.UGIE' RIVRS
t76 ` Notary Pubiic--valifcrnia
SONOMA COUi~n
KAy Comm. "txp. $ep. 2T, 198
by-laws or a resolution of its board ojdirectors.
Notary Public for the .State of Caiijornia
62-4214 PG. 4 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
in duplicate by their respective officials therewnto duly authorized.
PACIFIC GAS AND ELECTRIC COMPANY
REDWOOD REGION
SANTA ROSH ~;D'I U L'S ION
T, 5N .,, R.7W. , ~M. O`:'B. &M.
Section 35
NW 4 of SE 4 .
Thomas G. Martinez ~~-
Regionaa Land Superintendent
Attest
Appro~ec~
. - µ-~.
_~
i=i~a c~ ~f;icer%A~itor
App; cl~o9 A~ To -Form .
62-42'14 PG 4 OF
CITY: QF PETALUMA