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RESOLUTION NO. 79- 53
RESOLUTION OF,THE CITY COUNCIL OF THE CITY
OF UKIAH AUTHORIZING MAYOR AND CLERK TO
SIGN COMMON USE AGREEMENTS (P.G.&.E.; HOSPITAL
DRIVE)
WHEREAS, the City of Ukiah wishes to occupy land currently
burdened with an easement held by Pacific Gas & Electric Company,
(P.G.&.E.) , and
WHEREAS, P.G.&E has consented to the joint use of the
easement.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Mayor and
Clerk are authorized to sign the common use agreements for
Hospital Drive attached hereto as Exhibit "A".
PASSED AND ADOPTED this 7th day of February, 1979 by the
following roll call vote:
AYES:Councilmembers Hickey, Myers, Simpson, Snyder, Mayor Brannon
NOES: None
ABSENT: None
ATTE S T:
CITY CLERK
CONSENT TO COMMON USE
^o~~.NT. ~n~ ~n~o ~ 7~' ~ o~ d~~~ , ~9 ~ _,
THIS
by and between PACIFIC GAS AND ELECTRIC COMPAq, hereinafter called "Company",
and the ~TTY 0F IJK~AH
hereinafter called "Agency",
WITNESSETH
WHEREAS, Company is the owner in possession of certain rights of way and ease-
..
merits, hereinafter referred to as "Company's easement", described as follows:
The right of way and easement for gas transmission facilities described
in the deed from ~lilliam R. Grant'and others by deed dated December 3, 1965
and recorded in Book 713 of Official Records at page 423 Mendocino County
Records (L.D. 2415-1 2-0631). '
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and
or proposes to acquire
\V[-IEREAS, Agency has acquired/certain lands for__str_eet_and a]_l
related faci]_i ties
in the/v/i~j/r/f~l/]Tf City of Ukiah , , County of ~,Mendoc_imo , 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:
The area shown in red on the Company's Drawing No. CON-30 marked EXHIBIT
"A" attached hereto and made a part hereof.
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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 _qaid lands for str~_..et and al! other re-l~ci!ities
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 arid 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 notify Company's Jo H. Spaulding, Gas Superintendent in
Ukiah, California, telephone 707-462-8797, at least 48 hours prior to
commencing any excavation within said area,.and shall hand dig to expose
Company's gas main within said area prior to using any power excavating
equipment therein.
2b. Agency. shall install water main, sewer main, and storm drains so as to
insure a minimum vertical separation_ of eighteen (18) inches between the outer
surface of said water main, sewer main and storm drains and Company's gas
main.
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3. This agreement shall inure to the benefit of and be binding upon tile successors and
assigns of both parties.
IN WITNESS WHEREOF, the parties hereto have caused tl~is agreement to be executed
in duplicate by their respective officials thereunto duly authorized.
PACIFIC GAS AND ELECTRIC COMPANY
/ .'"1 .
NORTH BAY
Attest
_CITY 0.F__UKIAH .....
.'-3333 ~'.v. b/,'7
ght of W~y Map
Unles~ otherwise shown
all co/Jr~e$ extend to or
along boundar/es or I/ne$
CITY, RANCHO, SUBDIVISION, ETC.
DATE DESCRIPTION
!REFERENCES
L.D, ~415-
!
2~50/
oI2~VE
SCALE
SECTION TOWNSHIP RANGE
t"] ~5 t,.t
!COUNTY OF I~,~E~)~:)~_J~.J~)
DATE
MERIDIAN
F.B.; DR. BY, Q~%HCH. BY:
DIVISION AUTHO~IZATION DRA¥',/INQ NO. I_ CHG.~,