HomeMy WebLinkAboutResolutions 9035 N.C.S. 12/15/198012-10-80 SIA
ReSohltion 'ly"O. 9035 N. C .5.
of the Ci of . Pet
ty " maafiu, California
A RESOLUTION, CONSENTING TO' -COMMON USE' 0`F "CERT,A,IN LANDS
OWNED BY THE PACIF-IC GA & ELECTRIC COMPANY` FOR" STREET,
STORM bRA;IN';, WATER 'MAIN- AND PARK 1MPROVEMENTS BY THE
CITY OF PETALUMA 1N.CONNECTION WITH LUCCHES'I:'` PARK
BE IT RESOLVED by:the City Council of t_he-City of Petaluma that
the Pacific Gas and Electric Company is the, ;o.wner in' possession of
certain rights -;of -:way a,n,d easements as more particularly described
in Exhibit A a,ttach'ed 'and made a oart here ,of, and
BE IT RESOLVED. that the City 'of. Petaluma will have to install
or cause to be installed certain public improvements, i.e., streets,
storm drains,.water"marins and Lucchesi Park,over and.in said easement.
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NOW
THEREFORE,.-BE.IT RES.OLVED�that the City Manager is hereby
I authorized to execute that ertai."n a Bement e titled "Consent to
Common Use:, dated the day of / 1080, .between
the Pacific Gas a`nd El ect'ri c- Company .and' the City of Petal uma for
the purposes.,.of instal l i'ng, or causing to be installed, certain
public improvements.
2.
Under the power and authority- conferred ;upon -;this Council by` the' Charter of said City.
I hereby certify the; foregoing Resolution was; introduced and adopted by the
Council o(theCity• of Petaluma at a tk-4 (Adjourned") .MJXaA) meeting ZAppro..as tothe `15th . day of Qee.1ClbJer:* .:---., 19_.0.., by,the o
following, vote; "
_ Ci, Attorney
AYES: Councilmen Harbe�rson•i Bond, Battagl' a, '�C;a.vanagh & Mayor Mattel
NOES:
ABSENT:, Co un :, � n _Perry. „ w
ATTEST' . ... ...... . -- .-------•.............._..
.,City "Clerk' Mayor
...... . .. ..
COUNCIL FILE - � -
FORM CA.2 1/80 7 . RES. IV o:
903.5
CONSENT TO COMMON USE
THIS AGREEMENT,. entered into this ,CZ4 day of o it T9 80
by 'And between PACIFIC' GAS. AND ELECTRIC COMPANY, hereinafter called "Company",,
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and ;the CITY OF. PE.T.ALUMA ,
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 pole line 'granted by.Wm. McDowell
to Great'Western Power Company, a, predecessor in interest to Company.,
by deed dated June 22,'1912 and recorded in Book 294 of Deeds at
page 431, Sonoma County; Records, -(2405-07-0101).
2. The right of way and easement for a gas line granted by the City of
Petaluma to Company by -deed dated November 27, 1.961 and recorded in
Book 18.66 of Official Records at page 686, Sonoma County Records,.
(2405-07-0292).
62-4214 PG ,Y OF 4
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and
WHEREAS; Agency has acquiredcertain land's for Lucchesi Park
in ,the vicinity of Petaluma , ,County of Sonoma ,. hereinafter
referred to•as Agency right of'way", and .
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WHEREAS, the Agency right oft way occupies a portion of Company's' easement and is
subj'ect-tol said easement, which said portion is hereinafter .referred to as Area of Common
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Use" and-is described as follows:
That portion 'of the 20 foot strip of land described. in the grant of
easement from the City-of Petaluma.to Company by deed dated November 27 •
1961 and recorded', in Book 1`866 of Official Records at page 686,.. Sonoma
County Records, extendina from the northeasterly boundary line of
North McDowell Bou,leva,rd northeasterly 740 "feet, more or-;less,,, to .the-
southwesterly boundary line of Novak Drive.
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62-4214 'PG ;2' OF 4.•-.
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NOW, THEREFORE,Company and'Agency, her,eby,'mutually agree as follows:
1: Company: 'her.eby, consents to, the construction, reconstruction; maintenance or -use
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by.Agency of lucche.. .Park
over., along andupon ;Company's, easement in the. area of common, use sub�`ect 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
p yq the terms: and > conditions herein contained. Company
, .
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does not by this consent and' shall not be deemed to subordinate its rights in the area of
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common use to any use which Agency kshall 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 th el priority thereof over the
title of . Agency: in ,said area of common use. Both Agency and Compfthy shall use said area
of common use in such a manner as not to interfere unreasonably. with the rights of the
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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 su(h a, manner a's� ,to cause an unreasonable inter-
ference with the use of said area of common use by the other 'party..
,a,. Agency shall libstall its proposed 2 inch. plastic: electric duct. Tine so as to provide
a .minimum clearance,of twelve inches betweenthe duct line and Company's gas
m'ai'n.
b. Agency shall not reduce, the,ground-to-conductor clearance beneath Company's
overhead electric transmission' line below the: minimum requirements set forth
in :General Order No. 95 of the Public Utilities Commission of the State of
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62_42 14 PG 3 OF:4