HomeMy WebLinkAboutReso. 1985 - 063 - Approving the consent to common use for the widening of churn creek road and authorizing the mayor to sign same RESOLUTION NO. .? S-C1)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE CONSENT TO COMMON USE FOR THE WIDENING OF
CHURN CREEK ROAD AND AUTHORIZING THE MAYOR TO SIGN SAME.
BE IT RESOLVED by the City Council of the City of Redding as
follows:
1 . The City Council of the City of Redding hereby approves
the Consent to Common Use by and between the City of Redding and
Pacific Gas and Electric Company for the widening of Churn Creek
Road;
2 . The Mayor of the City of Redding is hereby authorized
and directed to sign all necessary documents on behalf of the
City of Redding and the City Clerk is hereby authorized and
directed to attest the signature of the Mayor and to impress the
official seal of the City of Redding on the aforesaid document;
and
3 . A true copy of the Consent referred to herein is
attached hereto and made a part hereof.
I HEREBY CERTIFY that the foregoing resolution was intro-
duced and read at a regular meeting of the City Council of the
City of Redding on the 1st day of April , 1985 , and
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was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Fulton , Gard , & Kirkpatrick
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Demsher & Pugh
ABSTAIN: COUNCIL MEMBERS: None
WAUa / �s '434.e
[RD D. KIRKPA ► 'ICK Mayor
City of Redding
ATTEST:
ETHEL A. NICHOLS, City Clerk
FORM APPROVED::
tC� LAI /J
RAN ALL A. HAYS, Cif Attorney
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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 REDDING, a public body of the State of California,
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:
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The rights of way and easements for gas and electric transmission and
distribution facilities retained by Company in the deed from Pacific
Gas and Electric Company to the City of Redding dated July 26, 1982
and recorded in Book 1903 of Official Records at page 521 , Shasta
County Records (2431-04-1288) .
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__.._._...._ 62-4214 PG 1 OF 4.
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and
WHEREAS, Agency btaummkoecktotxa€cimdxutksxfmx proposes to widen and improve
Churn Creek Road
in the vicinity of Enterprise , County of Shasta , 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 hatched area shown upon the drawing marked Exhibit "A" attached
hereto and made a part hereof.
62-4214 PG 2 OF 4
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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 Churn Creek Road
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 remove asphaltic cement berm.
2b. Agency shall construct a 12 foot wide driveway access at the -
existing gate.
2c. Agency shall move the existing fence behind the proposed new
sidewalk.
62-4214 PG 3 OF 4
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3. This agreement shall inure to the benefit of and be binding upon the successors and
assigns of both parties.
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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
e
By a-171. 1
Daniel' E. Davey, Shasta D'i 0-s-i-or_.1a.a.ager
Attest
CITY OF REDDING
RM APPRC,,)5CD
By
CITY LEGAL DEQ Attest
62-4203 (Corporation) Rev.1/83
STATE OF CALIFORNIA ss.
County of -.L :4S!/AMA4-
On this 7N day of Il, eeG.4e , in the year 19-85T, before me, ALAN M SUNAHARA
HAP.A
a Notary Public for the State of California,personally appeared...b?AJecL--E.
personally known to me(or proved to me on the basis of satisfactory evidence to be the person(s)who executed the within instrument as
SN,9.srl.V__/Di144. ..n/4 c , or on behalf of i ) ia.cfi.5.4ettb, G.:Feriele-aVk f49AIX
Official Seal a corporation,and acknowledged to me that the corporation executed it pursuant to its
by-laws or a resolution of its board of directors.
4.400004400444044.40+. 00404
a OFFICIAL SEAL •
® � \ ?.L AN1 1.1. SUNAHARA
`�` -,� NOTARY PUBLIC --- CALIFORNIA
e c Tc C( it o
a My Commision aspires i.ir:; 3, 1986 4.
6704444J404J9�x•^ >G93s9340900'A
Notary Public for the State of California
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