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HomeMy WebLinkAboutReso. 1980 - 075 - Accepting deed of right of way from McConnells to Enterprise Public Utility District .. y .. RESOLUTION NO. 6 /-)----1.) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING • • ACCEPTING DEED OF RIGHT OF WAY DATED JULY 26 , 1961, FROM CARL R. McCONNELL AND LEAH F. McCONNELL TO • ENTERPRISE PUBLIC UTILITY DISTRICT. • • BE IT RESOLVED that the City Council of the City of Redding, as successor by annexation of the Enterprise Public Il • : • Utility District, does hereby accept for operation and mainten- ,ance that certain ten foot wide water line easement conveyed . by Deed of Right of Way, dated July 26 , 1961, from Carl R. • McConnell and Leah F. McConnell to the said Enterprise Public 'Utility District, and authorizes the recordation of said Deed. 'I HEREBY CERTIFY that the foregoing Resolution was • introduced and read at a regular meeting of the .City Council of the City of Redding on the 7th day of April . , 1980 , and was duly adopted at said meeting by the following vote: AYES: COUNCILMEN: Fulton, Gard, Kirkpatrick, Pugh,. and Demsher NOES : COUNCILMEN: 'None • ABSENT: COUNCILMEN: None AT•' ST: C/ -..� — • DONALD M. DEMSHER ``_ _ , 1-.a _ Mayor of the City of Redding 4ILDRE) L. B' AY • , y Clerk FORM _•PRROVED:/ . : i ,/ 7.! • WALL A. HAYS. City/A.ttorney ; • • t • _ • • 00 0 11, VI DEED OF RIGHT OF WAY THIS INDENTURE, made the 26th day of July 19_61, between CARL R. McCONNELL and LEAH F. McCONNELL, husband and wife hereinafter referred to as first parties, and ENTERPRISE PUBLIC UTILITY DISTRICT , a public utility district, hereinafter referred to as second party, WITNESSETH : That the first parties, in consideration of the sum of One Dollar ($.1 .00) lawful money of the United States of America, to them in hand paid by second party, the receipt whereof is hereby acknowledged, and in consideration of other valuable considerations, the receipt whereof i-s hereby acknowledged, do by these presents grant, bargain and sell unto second party, and to its -successors or aseigns forever, the right to lay, maintain, operate, relay and remove at any time a pipe line or pipe lines for the transportation of water, with right of ingress and egress to and from the same, on, over and through certain land situate in the County of Shasta, State of California. The right of way herein granted shall be on, over, in and through the following described real property, situate in the County of Shasta, State of California, and particularly described on Exhibit "A" hereunto annexed and by this reference made a part hereof. The right of ingress and egress herein granted shall be on and over the said right of way hereinabove described. The second party herein, and its successors or assigns, shall have the right to do whatever may be requisite for the enjoyment of the rights herein granted, including the right of clearing said right of way of timber and of ingress and egress on and over said right of way, for the purpose of laying, maintaining, removing, changing the -1- • % li size of, and restoring of said pipe line or pipe lines and for the removal of the same when desired by second party, its successors or assigns . The right of way and easement herein granted may be used at all times by second party for the purpose of conveying water to water consumers • in connection with the operation of a water distribution system by second party. The right of way and easement herein granted may also be used at all times by the second party for the maintenance of any other underground pipe lines or other underground facilities for the operation of any other type of utility service in addition to a water system. • The first parties agree_ that they and their successors, heirs and assigns shall never construct any building, improvements, structure or any form of addition in, on, or over said right of way and easement so long as any of the rights herein granted are in • existence. Any pipe line or facility installed pursuant -to the pro visions of this easement shall be installed and constructed at least two feet beneath the soil of the natural surface of said property. IN WITNESS WHEREOF the first parties have hereunto set their hands the day and year first hereinabove written.;- - `) r V \\' ' `" F`.P r l 1 . .:\.._/ \) -, 1 _, 1)0 State of California \'� County of Shasta On March 11 , 1980, before me, the undersigned, a Notary Public in and for said State, person- ally appeared Carl R. McConnell and Leah F . ' McConnell, known to me to be the persons who executed the within Instrument. . Witness my hand� / and official seal . • _ OFFICIAL SEAL i Hazel A. Silva ' ,�'. �., HAZEL A. SILVA • 7% - ..v ' NOTARY PUBLIC-CALIFORNIA • '` • /' Principal O'tico in SHASTA County r,_. Ply Cornmission Expires Apr.2S.1980 0245 Wonderland Blvd..Redding.CA 98001 . . • • • • • • EXHIBIT ttArt A 10 foot wide easement which lies adjacent to and West of the following described line: Commencing at the SW corner of the NW4 of Section 5, T. 31 N. , R. 4 W. ,M.D.M. , thence, S 89°41 ' 50" E. , 30 feet to the true point or: beginning; thence, N. 0°31 '30" E. , .1328.54 feet to the South line of the SZ of the Sl of of the NWS of the NWS of Section 5, said south line being the point of termination. The side line to he lengthened or shortened to meet adjoining property lines.