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HomeMy WebLinkAboutReso 39-1983 RESOLUTION NO. 39-83 CITY COUNCIL, CITY OF SOUTH 'SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF A CONSENT TO COMMON USE AGREEMENT WITH PG&E (GATEWAY ASSESSMENT DISTRICT NO. ST-82-2) that: BE IT RESOLVED by the City Council of the City of South San Francisco 1. Execution of Agreement. Execution of an Agreement entitled "Consent to Common Use" between the City of South San Francisco and the Pacific Gas and Electric Company is hereby authorized, and a copy of said Agreement is attached hereto as Exhibit "A." 2. Signatures The City Manager is authorized to execute said Agreement on behalf of the City, and the City Clerk attest his signature thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 6th day of April , 1983, by the following vote: AYES: Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte, NOES: ABSENT: Gus Nicolopulos; and Roberta Cerri Teglia None None bi ~y C1 erK ~/ CONSENT TO COMMON USE THIS AGREEMENT, entered into this l l th day of April ,19 83 , by and between PACIFIC GAS AND ELECTRIC COMPANY, hereinafter called "Company", and the CITY OF .SOUTH SAN FRANCISCO , 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: The rights of way and easements for electric transmission tower lines from Pacific Coast Steel Co., by deeds dated (1) JUne 10, 1924 and recorded in Book 127 of Official Record at page 30, San Mateo County Records (LD 2303-05-1038), and (2) June 10, 1924 and recorded in Book 127 of Official Record at page 32i San Mateo County Records (LD 2303-05-1037). I P.G.&Ir CO. C0~'¥ 62-,4214 -2- and or is acquiring WHEREAS. Agency has acquired/certain lands for the creation of Gateway Blvd. and East Grand Avenue Overcrossing within the Gateway Centa~ Subdivision E. Grand Avenue and Forbes Blvd., inthevicinity of So. San FranciscQCountyof San Mateo ,hereina~er referred to as "Agency right of way", and portions WHEREAS, the Agency right of way occupies t[~ of Gompany's easement and is Portions are Areas subject to said easement, which said 1~$[~ hereinafter referred to as "t~X~I~ of Common Use" and ~i~described as follows: 1. Beginning at the intersection of the southerly boundary line of Lot 3 of Final Map Gateway Center Subdivision, as said Lot 3 is shown upon the map filed for record in Book 107 of Maps at pages 27 to 30, inclusive, San Mateo County Records with the northwesterly boundary line of the 42.5 feet wide strip of land described in the deed from Pacific Coast Steel Company to Sierra and San Francisco Power Company, predecessor in interest of Pacific Gas and Electric Company, dated June' 10, 1924, and recorded in Book 127 of Official Records at page 32, San Mateo County Records, and running thence along said northwesterly boundary line (1) South 45058'26'' West 42.4 feet, more or less, to a point in the southerly boundary line of said Gateway Center Subdivision; thence leaving said northwesterly boundary line and running along the southerly boundary line of said Gateway Center Subdivision, (2) South 88°57'44" East 197.8 feet, more or less, to a point in the southeasterly boundary line of the strip of land described in the deed from Pacific Coast Steel Company to Pacific Gas and Electric Company dated June 10, 1924, and recorded in Book 127 of Official Records at page 30, San Mateo County Records; thence leaving said southerly boundary line of said Gateway Center Subdivision and running thence along said southeasterly boundary line (3) North 45o58'26'' East 42.4 feet, more or less, to a point in the southerly boundary line of said Lot 3; thence leaving said southeasterly boundary line and running along the southerly boundar~ line of said Lot 3 (4) North 88 57'44" West 197.8 feet, more or less, to the point of beginning. 2. Beginning at the intersection of the northwesterly boundary line of Gateway Boulevard, as said boulevard is shown upon said map, with the southwesterly boundary line of said 42.5 feet wide strip of land and running thence along said southwesterly boundary line 62.--4214 PG 2 OF 4 (1) South 40o30'34'' East 94.8 feet,'more or less, to a point in the southeasterly boundary line of said Gateway Boulevard; thence leaving said southwesterly boundary line and running along the southeasterly boundary line of said Gateway Boulevard (2) northeasterly on a curve to the right with a radius of 703 feet, through a central angle of 3°27'51'' and tangent at the southwesterly terminus thereof to a line which has a bearing of North 39017'59'' East, an arc distance of 42.5 feet, and (3) North 72o45'20'' East 4.42 feet, and (4) North 47o45'20'' East 93.5 feet, more or less, to a point in the northeasterly boundary line of the strip of land described in the deed from Pacific Coast Steel Company to Pacific Gas and Electric.Company, dated June 10, 1924 and recorded in Book 127 of Official Records at page 30, San Mateo County Records; thence leaving the southeasterly boundary line of said Gateway Boulevard and running along the northeasterly boundary line of the strip of land described in said deed recorded in Book 127 of Official Records at page 30, San Mateo County Records (5) North 40030'34'' West 96.7 feet, more or less, to a point in the northwesterly boundary line of said Gateway Boulevard; thence leaving the northeasterly boundary line of the strip of land described in said deed recorded in Book 127 of Official Records at page 30, San Mateo County Records, and running along the northwesterly boundary line of said Gateway Boulevard (6) southwesterly on a curve to the left with a radius of 797 feet, an arc distance of 140.2 feet, more or less, to the point of beginning. -3- NOW, THEREFORE, Comp_any and Agency hereby mutually agree as follows: 1. Company hereby consents to the construction, reconstruction, maintenance or use by Agency of said Gateway Boulevard and East Grand Av~n,~ over, along and upon Company's easement in the area of comnaon 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. 2(a) Agency shall not reduce the vertical clearance beneath the conductors of Company's electric transmission lines and the ground, thereunder to less than 30 feet. 2(b) The consent hereby given is subject to all the provisions of General Order Numbers 69-B and 95 of the Public Utilities Commission of the State of California, and to all other applicable provisions of the laws and regulations of authorized governmental agencies. 62.-.-42~4 PG 3 OF' ,4 -4- 5. This agreement shall inure to the benefl£ of and be binding; upon the successors and assigns of both parties. IN WITNESS 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 , ~~ ager, San Francisco Division CITY OF SOUTH SAN FRANCISCO City Manager ' ~ P.G. & E, CO COPy 7 I_OT 4. ~,~ LOT ~ ~,',. '7/ - APPROVED BY SUPV. DSGN. DWN. CHKD. O. IC DATE I SCALE .:- J~,z~,~1 I"--'~o' - ~1 DESCRIPTION GM 'DWN. CHKD. iSUPV. APVD. Bill , AREA OF dO/H/dOA/L5£ OF ?~ ~_£,~./~ ~w~. ~,~ SURDS ~ ' SHE~NO. SHE~$ ~D~WING NUMBER R~. PACIFIC GA5 AND ELE~RIC COMPANY ,SF~- J · SAN FRANCISCO. CAUFORNIA ~ - _ _ ,/ t · LOT I ~ ,P.. C~. ~ £', ~ . ~ I2 ,Z) N D APPROVED BY~ I ;REV.! DATE GM SUPV. ' DS..___GN. -- DWN. l°, L) CHKD. O.K. DATE j SCALE , /2,$,~Z.J 1"=550 .. DESCRIPTION GM ~A TEP/A ?' ~/JTE.~ , GO, 5A, v" " F'~AN PACIFIC GAS AND ELECTRIC COMPANY SAN FRANCISCO, CALIFORNIA DWN. CHKD. SUP¥.' APVD. BIM DWG. LIST SUPSDS SUPSD BY SHEET NO. SHEETS DRAWING NUMBER REV, SFZ. -Z5 37 · ,,c,~"~O" '"