HomeMy WebLinkAboutReso. 78-095 - Approving Right of Way Contract Covering an Easement over PG&E Property for the Ellis Street Extension and Authorizing its Execution by the City Manager 41,
RESOLUTION NO. X-9..1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING RIGHT OF WAY CONTRACT COVERING AN EASEMENT
OVER P. G. & E. PROPERTY FOR THE ELLIS STREET EXTENSION
AND AUTHORIZING ITS EXECUTION BY THE CITY MANAGER.
WHEREAS, the City of Redding requires an easement over
Pacific Gas and Electric Company property for construction of the
Ellis Street Extension, and
WHEREAS , staff has recommended approval of a Right of
Way Contract with P. G. & E. which provides for payment in the sum
of $3,000. 00 to P. G. & E. for the required easement over P. G. & E.
property , and
WHEREAS, the City Council deems it to be in the best
interests of the City of Redding and its citizens to approve said
Contract,
NOW, THEREFORE, BE IT RESOLVED that the Right of Way
Contract dated June 6 , 1978 , ' providing for payment to Pacific Gas
and Electric Company in the sum of $3,000. 00 for an easement over
P. G. & E. property for the Ellis Street Extension is hereby
approved, and the City Manager is authorized to execute said Con-
tract for and on behalf of the City of Redding.
I HEREBY CERTIFY that the foregoing Resolution was intro-
duced and read at an adjourned regular meeting of the City Council
of the City of Redding on the 26th day of June, 1978 , 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
ATTEST: Ca""-‘n•-•---.46-.. ---
O// DONALD M. DEMSHER
L.g../nn Mayor of the City of Redding
MILDRED L. BRAYTON,/ City' Clerk
FORM APPROVED:
ARL D. MURPHY,'City Attorney
V
'YCa.(A,t' .ram. uaii;uniia
. -1.. )1.-A-46- • . 1978 111 Y/
PACIFIC GAS AND ELECTRIC COMPANY
RIGHT OF WAY CONTRACT - UTILITY EASEMENT
EASEMENT NO. 108-37-01, covering the property therein described, has been executed
and delivered to the City of Redding. .
In consideration of which, and other considerations hereinafter set forth, it is
mutually agreed as follows.
1. The parties herein have set forth the whole of their agreement. The per-
formance of this agreement constitutes the entire consideration for said
easement and shall relieve the City of Redding of all further obligation
. or claims on this account, or on account of the location or construction
of the.proposed street improvements.
2. The City of Redding shall
(A) Pay the undersigned grantor(s) for the interest conveyed by
above easement deed, the sum of $ .3;000:00 ;
and for a temporary construction easement, the sum of
$ 0.00 ;
other payment(for )$ "
for a total payment of . . . . $ 3,000.00 .
3. Any or all moneys payable under this contract, up to and including the total
amount of unpaid principal and interest on note(s) secured by mortgage(s) or
deed(s) of trust, if any, and all other amounts due and payable in accordance
with the terms and conditions of said trust deed(s) or mortgage(s) shall,
upon demand(s) be made payable to the mortgagee(s) or beneficiary(s) entitled
thereunder; said mortgagee(s) or beneficiary(s) to furnish grantor with good
and sufficient receipt showing said moneys credited against the indebtedness
secured by said mortgage(s) or deed(s) of trust.
4. Grantor(s) shall have full use of the surface of the permanent easement area
after the completion of construction, EXCEPT that no permanent buildings or
other improvements may be built, placed, or otherwise installed in, on, or
over said easement area.
5. Grantor(s) warrant(s) that there are no oral or written leases on 'any portion
of the property affected by the permanent and temporary easements granted
herein and the grantor(s) further agree(s) to hold the City of Redding harm-
less and reimburse the City of Redding for any and all of its losses and
expenses occasioned by reason of any lease of said property held by any
tenant of grantor(s) .
6. Occupancy of the temporary easement shall continue until completion of the
project, or until , 19 , whichever comes first.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
• . '.1 • J.$ACLFSC GAS D TRIC COMPANY
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l7':, ;c"AYPROVED:
'City of Redding