HomeMy WebLinkAboutReso. 78-017 - Approving Consent to Common Use Agreement Covering the Installation, Operation, and Maintenance of a Sanitary Sewer Line Over, Along, and Upon PG&E's Electronic Transmission Pole Line Near Eastside and Girvan Roads • •
RESOLUTION NO. 'ii7—/)/
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING CONSENT TO COMMON USE AGREEMENT COVERING THE
INSTALLATION, OPERATION, AND MAINTENANCE OF A SANITARY
SEWER LINE OVER, ALONG, AND UPON P.G. & E . ' s ELECTRIC
TRANSMISSION POLE LINE NEAR EASTSIDE AND GIRVAN ROADS .
WHEREAS , the City of Redding is acquiring right of way
for the construction of its Eastside Interceptor Sewer Pipe Line ,
and
WHEREAS , the route of City ' s sewer line crosses a P .G. & E .
electric transmission pole line easement in the vicinity of Eastside
and Girvan Roads , and
WHEREAS , P.G. & E . has submitted for City ' s approval a
Consent to Common Use agreement, a copy of which is attached hereto
as "Exhibit A" , and
NOW, THEREFORE , BE IT RESOLVED by the City Council of
the City of Redding that the Consent to Common Use , providing
for the City ' s use in common with P .G. & E . of an area within
which the City ' s sanitary sewer line is to be installed , is
hereby approved, and the Mayor is authorized to execute same for
and in behalf of the City.
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 6th day of February , 1978 , and was
duly adopted at said meeting by the following vote :
AYES : COUNCILMEN : Anderson, Demsher, Pugh, and Fulton
NOES : COUNCILMEN: None
ABSENT : COUNCILMEN: Gard
ATTEST: LEE D. FULTON, M.D.
Mayor of the City of Redding
ilk dec..L d „lc-✓ -L-f:e_r ;
MILDRED L. BRAYTON, .City Clerk
FORM APPROVED: V/
EARL D. MURPHY, ' City/Attdrney
C
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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
hereinafter called "Agency",
WITNESSETI-I
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:
That certain right of way and easement for an electric transmission pole
line from Mabel V. Neal to Company dated June 17, 1946, and recorded in the
Office of the Recorder of the County of Shasta in Volume 217 of Official Records
at page 282. (LD No. 2431-05-0208)
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R677rOO. 62-4214 PG 1 OF
COPY
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and i
WHEREAS, Agency has acquiredic rCama chTrftoi8 the_.nstallatioa,
operation and maintenance of a sanitary sewer line
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Roads
in the vicinity of Eastside & Girvan 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:
That area as colored in red and labelled area of common use upon Company's
drawing marked Exhibit "A," attached hereto and hereby made a part hereof.
P.G.& E. CO. I 52-4214 PG 2 OF 4
COPY
-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 sanitary sewer line
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 not reduce the vertical clearance beneath the conductors
of Company's electric transmission line and the ground thereunder to less than
30 feet.
2B. The consent hereby given is subject to all the provisions of General
Order Nos. 69-B and 95 of the Public Utilities Commission of the State of
California and to all other applicable provisions of the laws and regulations
of authorized governmental agencies.
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P.G.& E. CO. I
Cr,"" 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.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
in duplicate by their respective officials [hereunto duly authorized.
PACIFIC GAS AND ELECTRIC COMPANY
pG r. CO.
^VED
-5. II ay_(_ _
R. LA RUE, J-
DESO Division Manager
s Atk fl9ct,
LAIN Sa'/ tctaxa
C 2..
E i''C^ CITY 0 REDDING
By .�. �•s?
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LEED. FULTON, M.D. , 'Maayor
Attest ,&14,s(
MILDRED L. BRAYTOI' City Clerk
FORM. APPROVED:
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Signature of R. J. LaRue, Jr. .E"� /yel�Lt, '61
acknowledged by John Swetka, EARL D . MURPHY, Ciy A 'torney
Notary Public in and for the r
County of Tehama, State of
California, January 3, 1978.
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62-4214 PG 4 OF 4
P.C.dt E. CO. 1
COPY I
RAIL PROPERTY ACQUIRES BY •
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I PACIFiL. GAS AND ELECTRIC OMPANY
" IN SEC.. 27 'OP P. B. READING GRANT IN RANCHO SAN BUENA VENTURA
SHASTA COUNTY CT. 31 N. R 5 W. M. D. N )
GIRVAN SUBSTATION to
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