The URL can be used to link to this page

Home My WebLink About81-68RESOLUTION NO. 8]-68 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING EXECUTION OF EASEMENT DOCUMENT BE IT RESOLVED by the City Council of the City of Ukiah that the City Council does hereby authorize the Mayor and the City Clerk, respectively, to execute the confirmation of an easement the City granted to Pacific Gas and Electric Company on September 8, 1977, for the purposes and in the form and manner of the ease- ment document attached hereto. PASSED AND ADOPTED this ]5th the following roll call vote: day of April, 1981, by NOES: None ABSENT: None ATTEST: City Clerk AYES: Councilmembers Riley, Feibusch, Snyder, Myers, Hickey City of Ukial~ copy 3010-6397 Masonite 60 kV Tap 3811 AFTER RECORDING, llETUilN TO: Pacific Gas and Electric Co. P. O. Box 328 Ukiah, Ca. 95482 FOR RECORDER'S USE ONLY EASEMENT CITY OF UKIAH, a public body of the State of California, hereinafter called first party, hereby confirms in PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called second party, the right of way and easement for electric transmission facilities granted by first party to second party by deed executed September 8, 1977 pursuant to first party's Resolution No. 78-32 Passed and Adopted September 7, 1977. The recordable copy of said deed executed September 8, 1977 was lost before it could be placed in the Official Records of Men~tocino County and second party desires that a copy of said deed be placed in said Official Record~ NOW, THEREFORE, in consideration of the foregoing and ~in order that a copy of said deed executed September 8, 1977 may be placed in the Official Records of i~iendocino County a true copy of said deed executed September 8, 1977 is as follow~ - 1- 3009-8639 Masonite 60 kV Tap 5771 AFTER RECORDING, RETURN TO: PACIFIC GAS & ELECTRIC CO FO~{. KECORDER'S USE ONLY EASE~iENT CITY OF UKIAH, a public bo(Jy of the State of California, hereinafter called .first party, in consideration of value adequate therefor paid by PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called second party, the receipt ,^.'hereof is hereby acknowledged, hereby grants to second party the right to erect, construct, reco,~struct, replace, remove, maintain and use a line of poles with such ~ires as second party shall from. time to time suspend therefrom for the transmission of electric energy and for communication purposes, and all necessary and ~roper crossarms, guys, anchors and other appliemces and fixtui,es for use in co~mection with said poles and wires, together v,.'ith a right of ~ay, on, along and in all of the hereinafter described strip of those certain lan0s which are situate in the County of Mendocino, State of California, and eu'e described as follows: (APN i78-130-01) The parcel of land, situate in the Yokaya R~cho, described in the ~ieed from Forrest ~,lacdonald and wife to the City of Ukiah dateo January 31, 1955 and recorded in Book 389 of Official Recorc~s at page 557, ~,~endocino County i~ecords. The aforesaid strip is described as follows: - 2- 1, A strip of land of various width:~.~ extending from the southerly boundary line of the lands described in .,~'.dd deed dated Jm~uary 31, 1955 northwesterly and westerly to the northwesterly boundary line of the lands described in said deed dated January 31, 1955. and being of the uniform width of 60 feet lying 30 feet on each side of the initial three courses of the line which begins at a point in said southerly boundary line and rur~ thence (1) north 26° 00.3' v~est approximately 295 feet to a point herein fol' convenience called Point "A"$ thence continues (2) north 26~ 00.3' ~vest 1343.6 feet to a point herein for convenience called Point "B"; and (3) north 81~ 54.3' west 633.9 feet; thence leaving said strip of land of the uniform ,,¥idth of 60 feet and bei~4~ a strip of land of the uniform width of 40 feet lying 20 feet on each side of the remaining course (4) north 81° 54.3' west app~oxi~nately 620 feet to a point in said northwesterly boundary line; said Point "A" bears north 74~ 45.4' east 1032.5 feet distant from the northwest corner of the parcel of land described in the (ieed from Salvatore Franceschi and Leonida Franceschi to harry Dino Franceschi and Linda Agate Franceschi dated January 9, 1973 and recorded in Book 911 of Official l(ecords at page 547, ~endocino County ~ecords, said northwest corner also being the northwest corner of Lot 97 of Healey's Survey and i~1ap of Yokaya l~ancho. First party also grants to second party the right to install a three-pole structure in lieu of a pole in the vicinity of said Point "B". First party further ~rants to second party: (a) the right of ingress to and egress from said strip over and across said lands by means of roads and lanes thereon, if such there be, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to first party, provided, that such right of ingress and egress shall not extend to any portion of said lands which is isolated from said strip by any public road or highway now crossing or hereafter crossing said lands; (b) ti~e right from time to time to trion and to cut down and clear a~ay any and all trees and brush now or hereafter on said strip and the further right from time to time to trim and to cut ~o~n and clear away any trees on either side of sai(J strip vchich now or hereafter in the opinion of second party may be a hazard to the facilities installed hereunder by reason of the mmger of falling thereon, provided however, that all trees which second party is hereby authorized to cut and remove, if valuable for timber o} -- 3-- wood, shall continue to be the property of first party, but all tops, lops and brush shall be burned or removed by second pal'ty; (c) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross said strip; (d) the right to mark the location of said strip by suitable markers set in the groun~ provided that said markers shall be placed in fences or other locations which will not interfere with any reasonable use first party shall make of said strip; and (e) the right to all.ow said wires to swing over strips of land, hereinafter referred to as "wire sway strips", r,~hich are contiguous to said strip hereinbefore described and designated 1, and first party shall not erect or construct any building or other structm'e higher than 18 feet above the present surface of the ground on or within said wire .sway strips without' receiving written consent to do so from second party; provided, however, that such consent shall not be unreasonably withheld and will normally be granted to the extent that such proposed buildings or other structures higher than i8 feet above the present surface of the groun(~ will not impair a radial clearance of 15 feet from any of said wires, as it would be when displaced from its position at rest while the tempe~'ature is 60~ Fahrenheit and any of said wires is subject to any wind pressure between 0 'and 8 pound per square foot of projected cable area. Said wire sway strips are described as follows: 2. A strip of land bounded on the southwesterly side by the north- easterly boundm-y line of said strip of land designated 1, on the southerly side by the souther].y boundary line of the parcel of land describe(~ in said deed dated January 31, 1955 and on the northeasterly side by the line which begins at a point in said northeasterly boundary line and runs thence (1) south 40~ 57.6' east 383.6 feet; thence (2) south 30~ ~7.5' east 447.0 feet; thence (3) south 21~ 23.1' east 447.0 feet; thence (4) south 11° 03.i' east approximately 335 feet to a point in said southerly boundary line; the point of beginning of this line bears south 47~ 50.3' east 80.7 feet distant from said Point"B'.' 3. A strip of land bounded on tile northeasterly side by the south- westerly boundary line of said strip of land designated 1, on the southerly side by saio southe~'ly boundary line an(i on the southwesterly side by the line which begins a~ a point in said southwesterly boundary line and runs thence -- 4-- (1) south 11° 03.0' east 383.6 feet; thence (2) south 21° 23.1' east 447.0 feet; [hence (3) south 30° 37.5' east 447.0 feet; thence (4) south 40° 57.6' east approximately 285 feet to a point in said southerly boundary line; the point of beginning of this line bears south 4° 10.2' east 80.7 feet distant from said Point "B". First party shall have the right to use said strips for purposes not inconsistent with second party's full enjoyment of the rights hereby granted, provided that first party si{all not erect or construct any building or other structure, or drill or operate any well, within said strip designated 1. First party further grants to second party the right from ti~ne to time to erect, construct, reconstruct, replace, remove, maintain and use such poles, wires and cables with associated erossarms, braces, anchors, guy wires and cables and appurtenances, for communication purposes, as second party deems necessary, together with a right of way therefor, and also ingress thereto and egress therefrom, located along the route described as follows: 4. l~eginning at said Point "B" and running thence (i) south 35° 04.3' east 1088.7 feet; thence (2) south 24° 20.5' east 181.5 feet; thence (3) south 8° 23.4' east approximately 420 feet to a point in the southerly boundary line of the parcel of land described in said deed c~ated January 31, 1955. Second party shall have the right to trim and to cut down and clea~' away or other~ise control any trees or brush along said route whenever considered necessary for the complete enjoyment of the rights hereby granted. Second party shall indemnify first party against any loss and damage ~-hich shall be caused by the exercise of said ingress and egress, or by any wrongful or negligent act er omission of second party or of its agents or employees in the course of their employment. The provisions hereof shall inure to the benefit of and bind the successors and assig~s of the respective pro'ties hereto. - 5- IN ~l'I'Ng$S V~i-iEtl£CF fi~t party has ~',xecuted these presents this 8th day of September _, 19 77 .... CITY OF UKIAH By. O'aek Sim[xson, ,, By Anna F. Robinson Deputy City Clerk End of said deed executed September 8, 1977. IN WITNESS WI-IEREGF first party has executed these presents this .. day of North Bay Gi~'i 493987 Dwg. 204331 204332 T.15N., R.12W. M.D.B.& M. See. 10, S2 S2 of NE4 Sec. 11, SW4 S2 of NW4 RE: 2415-12-0946 77-078 paj Prepared Checked - 6-