HomeMy WebLinkAboutReso. 78-186 - Approving Consent to Common Use Agreement Covering the Use of a Cement Asbestos Water Line Over, Along and Upon PG&E's Calaveras Cement Plant Gas Transmission Line L�
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RESOLUTION NO . I,�'�•Sia
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING CONSENT TO COMMON USE AGREEMENT COVERING THE
USE OF A CEMENT ASBESTOS WATER LINE OVER, ALONG AND UPON
P .G. & E. ' s CALAVERAS CEMENT PLANT GAS TRANSMISSION LINE.
WHEREAS, many years prior to its annexation to the City of
Redding , the Cascade Community Services District constructed a 16"
cement asbestos water line which crossed P.G. & E. ' s Calaveras Cement
Plant gas transmission line in the vicinity of Clear Creek , and
WHEREAS , since said annexation , City maintains and uses
said water line, and P.G. & E. has submitted for City ' s approval a
Consent to Common Use agreement covering same , and
WHEREAS, it has been determined that this matter is
categorically exempt from the provisions of CEQA,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Redding that the Consent to Common Use agreement ,
attached hereto as "Exhibit A" , providing for the City ' s use in
common with P.G. & E. of an area within which City ' s said water
line is located , is hereby approved, and the Mayor is authorized
to execute same 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 oh the 2nd day of October , 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: -
�r� / DONALD M. DEMSHER
7/2/CG�tle1 �I�lia Mayor of the City of Redding
erk .A
BY:L ARE D CBaort2g &�Y7TONO, ity C Deputy W
FORMJ APPROVE
D�: J
ARL D. MURPHY, C4r/t`torney
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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",
WITNESSETH
WHEREAS, Company is the owner in possession of certain rights of way and ease-
ments, hereinafter referred CO as "Company's easement", described as follows:
The grant of easement conveyed by G. E. Oaks to Company by deed dated
November 30, 1961 and recorded in Book 690 of Official Records at
page 96, Shasta County Records.
i lP.5 Tr
62-4214 PG I OF 4
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and
1VHEREAS, Agency has acquired certain lands for_a_camppr ashpsroc water
line
in the vicinity of Clear Creek , County of Shasta , hereinafter
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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:
A strip of land of the uniform width of 30 feet as indicated by the
two cross hatched areas upon the print titled 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 16" cement asbestos water 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.
Company's consent herein is subject to the provisions of General Order
No. 69 of the California Public Utilities Commission.
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 he executed
in duplicate by their respective officials thereunto duly authorized.
PACIFIC GAS AND ELECTRIC COMPANY
By
R. J. La Rue,
M nager, Shasta Division
Attest
CITY OF REDDING
By.
Attest
•62-203 2.73 (Corporation)
STATE OF CALIFORNIA
ss.
I
_._---'-'----'---.County of
Tehama
_th, daySeptember John Swetka
n thrs__-.__..� . . _....._...._... of...__.-.__P.._._.._.__L___...,in the year 19,-,Z.H before me,
a Notary Public in and for the said.....-..__-......_...... duly commissioned and sworn, personally appeared
_ R. J. LaRue, Jr.
Manager,.—Shasta Div1.S.btic
known to me to be the..._....__. Mang g_... _....._._..... -
of the corporation that executed the within instrument,and to be the person._.who executed the
said instrument on behalf of said corporation therein maned,and acknowledged to me that such
corporation executed the within instrument pursuant to its by-laws or a resolution of its board of
�- OFFICIAL SEAL directors.
%". JOH N SWETKA ! IN WITNESS WHEREOF,1 have hereunto set my hand and affixed my official seat in the
- " Tehama
✓.+'• County of the day and
it4: k0iAF'! PUBLIC-CALIFORNIA :
\ 4 TEHAGA COUNTY i
} year in this certificate first above written.
My commission Expires June 14. 1379
John Swetka a
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1 19 Ji.aa 1%4 ' , ACCELERATED PUBLIC WORKS PROJECT
•' Oct. 6¢ NO. APW -CALIF-1980
COMMUNITY FACILITIES ADMINISTRATION
1 HOUSING AND HOME FINANCE AGENCY
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