HomeMy WebLinkAboutReso. 78-228 - Approving Consent to Common Use Agreement Covering the Acquisition of Property for STreet and Utility Purposes Where PG&E Holds a Prior Easement RESOLUTION NO.' '7i) - 7,71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING CONSENT TO COMMON USE AGREEMENT COVERING THE
ACQUISITION OF PROPERTY FOR STREET AND UTILITY PURPOSES
WHERE P. G. & E. HOLDS A PRIOR EASEMENT. c
WHEREAS, the City of Redding is acquiring.property from
Thomas A. Folwell and Delpha L. Folwell for street and utility pur-
poses, and .
WHEREAS, P. G. & E. holds an electric utility easement
over a portion of said property, 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
WHEREAS, it has been determined that this matter is cate-
gorically exempt from the provisions of the California Environmental
Quality Act,
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 which the City is
acquiring for street and utility purposes, 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 intro-
duced and read at a regular meeting of the City Council of the City
of Redding on the 20th day of November , 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
DONALD M. DEMSHER
Mayor of the City of Redding /„
4J
-1- 1
tel
ATTEST:
el 4 /t\ ek-( is
MILDRED L. BRAYTON, City Cl'erk
FORM APPROVED:
5L142AM '/'
EARL D. U HY, C' ty A torney
-2-
•
•
•
•
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 to as "Company's easement", described as follows:
That certain right of way and easement from Thomas A. Folwell, by deed
dated January 11, 1966 and recorded in the Office of the Recorder of
the County of Shasta in Volume 872 of Official Records at page 117.
(PG&E LD No. 2431-04-0756)
v '� TT� `
O UP
G2-421a pG I OF a
-2-
and
or will acquire
WHEREAS, Agency has acquired/certain lands for street and utility purposes
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:
Within the 50 foot strip as hatched upon Company's print No. R-1299
attached hereto and hereby made a part hereof.
co ,.. nc. 2 or 4
•
•
-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 the proposed area for street and utility purposes
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.
-4-
3. This agreement shall inure to the benefit of and be binding upon the successors and
assigns of both parties.
IN \VITNESS 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
By
. L ue, Jr.
Di ision Manager
tiANK
By
Attest
. ii 51A ,.e4 R.v..3. ,v: .._ - - q,
) 'i I 1
;ii I ur N
I, ` p • a .
iII VI 1 i \ v
!;i i
P.1 t l
. �j \1
I -HI , u•
! I 0 S'
i
- 1 !O Il
•
I '
•
i
1 i 1 - .2c5er.'C.r ercw.r_: L
iI L. 2o_5 -r G 2aesxr C rrL=.. '.- 02352"cp'S0^ ,
oc'es2 pg. 4= I.
. l
I
—y �, .MY
I,
1rl) �
I T )oi+ u
•
r
• •
. I zI
Id I
1 • Ill II ! -
I P A re v , 0 Al - ._ _ -
I 3 S
l
tl g. I
I - ' It t I . ,
s, I d / ° ,
al o I _ I Th�,-rvs rf. .7:;—,./7.--- I'\,\;: , �ISL � 1 4i I -
?• ;a 1 - '0.2879 fog. /r? ' I ,' CCN/:.s4N �:
_I ' I s. ,oy1 1 1-
i 1/41
•
Ar?:ROVZO BY I 'i I i
I I
I J CHO. OATL I DEDCR1!7IO.Y o!1 I BY I CH, I APPo..
,.n,ar:E„28. - - • . - . .- - • • . . 1 JRAWInO LIFT
Co//S'�/iiT i 0 COM/krOhl � - -L/SE 5 ?-R, O , •
I C r'r r j t i 507-7.1!0O -
B.
IIt O R. "_ •..`.- 1 1�if i r'� 1. ! / O/ �_:./�J. i'� J •-- "-Et HO, "H=-r7•
O
C.
_ .xo
O.K. . Di v . _..i.. rnr c . . ... ...._
.. ._ .. .. oArl�� r.ec eNn c-t cr-Tt[[ �Auo1NY CM I /")Cl ,