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HomeMy WebLinkAboutReso 524-1935 resolution adopted: PUBLIC UTILITIES COMMISSION RESOLUTION NO. 989 WHEREAS, the City of South San Francisco has requested a permit to construct and maintain an 18-inch sanitary sewer over, under and across certain lands hereinafter described of the City and County of San Francisco under the control of the San Francisco Water Department, and the General Manager and Chief Engineer of said Department has re- commended that such permission be granted. THEREFORE BE IT RESOLVED, That the City of South San Francisco, hereinafter termed the "permittee", be and is hereby granted permission to construct, maintain and use an 18-inch sanitary sewer, hereinafter termed structure within, over and across the following described lands of the City and County of San Francisco, hereinafter termed the "city", situate in the Cour~y of San Mateo, State of California, to-wit: That certain tract of land designated as Parcel #26 in that certain deed from Spring Valley Water Company to the City and County of San Francisco, dated March 3, 1930 and recroded on the same date in the office of the County Recorder of San Mateo in Volume 491 of Official Records at page I et seq. The route of said sewer across said land shall be as follows:- A strip of land 10 feet in width lying 5 feet on each side of the following described center line:-Beginning at a point on the eleventh described course of said Parcel #26 as same is described in the above mentioned deed, said point being 508,66 feet northerly along said course from its southerly; thence from said point of beginning south V4° 2V' east~4.SV feet; thence south V3o41'15# east 382 feet to a point on the center line of San Bruno Road marked by Monument No. 8 as s aid monument is shown on a map entitled "Survey of a portion of the Buri Butt Ranch for P. E. Iler", filed in Book E. of Naps at pase vg, San Mateo County records; thence continuing such 73e41'l$"east 300 feet more or less to the center line of a slough; excepting therefrom that part lying within San Bruno Road. This permit is granted subject to ~le following conditions and shall not become effective until the receipt by this Commission of a certified copy hereof with endorsement thereonlby said permittee, signed by a properly authorized officer thereof, accepting this permission subject to said conditions: This grant of permission does not constitute a deed or grant of an easement by the City, is not transferable or as~gnable without the approval of the Public Utilities Commission, and is revocable at any time at the will of said Commission. The construction, installation, repair and alteration of the permittee's structure shall be satisfactory to the General Manager of the San Francisco Water Department, and said per-~ mittee shall notify said General Manager before performing construction work of any kind in or near the present Crystal Springs Pipe Line and shall strictly comply with all orders or instructions of s aid General Manager in connection with said sewer construction under said pipe line, and shall promptly pay for any injury or damage to said pipe due in any way to the construction of said sewer under same. 3. The permittee shall on receipt of notice so to do and within such reasonable time limit as may be fixed by said notice alter said structure to such extent as may be necessary to avoid interference thereof with any pipe, pipe line, power line or other structure now or hereafter constructed by the City, or with any operations of the City, or with any use by the City of the lands affected hereby; or, if so agreed by the permittee and the General Manager of the San Francisco Water D~partment, the permittee may pay to the city the amount of any expense to which the city may be put as a result of such interference. 4. The permittee shall at all times keept the city's lands in safe and sightly condition, so far as the same may be affected by the permittee's operations hereunder. 5. Neither the city, nor any commission, board or officer thereof shall be held responsible or liable for damage to said structure resulting from any cause whatsoever. 6. The permittee shall be responsible and liable for any and all damage to property or structure, or injury or death to persons, due directly or indirectly to the construction, operation, use or existence of said structure within the City's lands, and shall promptly pay any just claim therefor. V. In the e?ent that the permtttee shall fail to construct said structure within six (6) months from and after the date hereof, or shall abandon the use thereof, or shall not use the same for any period of two consecutive years, or shall fail, neglect or refuse to observe and comply with any of the conditions herein contained, or in the event that this permission shall be revoked, t hen all rights of the permittee hereunder shall fc~thwith cease and determine. 8. Should the permittee fail or neglect to do within reasonable time any work required to be done under the conditions hereof the Public Utilities Commission shall have the power to do said work at the expense of said permittee, which expense the permittee shall pay on demand. I hereby certify that the foregoing is a full, true and correct copy of Resolution adopted by the Public Utilities Commission at its meeting of September 10, 1935 J. W. FNAR0~Y ~ ....... ~ Secretary Pursuant to resolution adopted by t he permittee's City Council on Nov. 25, 1935, this permit is hereby accepted by the permittee, subject to the conditions contained in said permit. Dated: Nov. 25, 1935 CITY OF $ UTH SAN FRANCISCO BY DANIEL McSWEENEY City Clerk