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Home My WebLink About05/07/1991, C-8 - CONSIDERATION OF A RESOLUTION APPROVING AN AGREEMENT WITH PACIFIC GAS AND ELECTRIC COMPANY (CONSENT TO COMMON USE) TO MAINTAIN A 16-INCH WATER MAIN WITHIN PG&E'S RIGHT-OF-WAY. yp MEETING DATE: �� i�►��I�I��pnN�►��IU city of San lois OBlspo May 7, 1991 = COUNCIL AGENDA REPORT 1T°"'NUMBER: FROM: � David F. Romero, Public Works Di_�tor`moi Wayne A. Peterson, City Engineer,% Prepared by: Gerald W. Kenny, Supervising Civil Engineerh�! SUBJECT: Consideration of a Resolution Approving an Agreement with Pacific Gas and Electric Company (Consent to Common Use) to Maintain a 16- inch Water Main within PG&E's Right-of-Way. RECOMMENDATION: Adopt Resolution Approving Agreement. BACKGROUND: A condition of Tract No. 1360 - Unit 2 (Edna-Islay Specific Plan Area) currently under construction is that a 16-inch water main be constructed between Broad St. and the Edna -Saddle water tank. Plans have been approved and an easement has been acquired from the property owner. However, PG&E has an 80-foot wide electric transmission easement which also crosses the property, which the water main will cross. PG&E's "prior rights" requires that a "consent to common use" be executed. This is a standard form and has been done in the past, and has no special requirements. This must be executed prior to construction of the water main. ALTERNATIVES: Option 1: Adopt resolution approving agreement. Option 2: Deny approval of the agreement. This does not appear to be a logical alternative because of prior rights of PG&E prevail and the City has required the installation of the water main. FISCAL IMPACT: None. Any damages incurred during construction are the responsibility of the contractor. CONCURRENCES: The City Attorney and the Community Development Director concur with the approval of this agreement. C -8 - 1 �� ►�I�Ililllp�'�►VIII city of san Luis oBispo j COUNCIL AGENDA REPORT PG&E Agreement - Tract 1360 Meeting of Page Two. RECOMMENDATION: Adopt resolution approving agreement. Attachments: 1 - Draft resolution 2 - vicinity map 3 - Agreement 4 - Letter from PG&E (dated 2-12-91) I b kV/P9e-09r �-g-Z RESOLUTION NO. (1991 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT (CONSENT TO COMMON USE) BETWEEN THE CITY AND PACIFIC GAS & ELECTRIC COMPANY TO CONSTRUCT A 16-INCH WATER MAIN WITHIN PG&E'S RIGHT-OF-WAY WHEREAS, the City has approved construction of a 16-inch water main to be constructed between Broad Street and the Edna Saddle water tank in conjunction with Tract No. 1360 (Unit II) , and WHEREAS, the 16-inch water main crosses Pacific Gas and Electric Company right-of-way, and WHEREAS, Pacific Gas and Electric Company has prior rights and requires that a "consent to common use" be executed, NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The agreement between the City and Pacific Gas and Electric Company is hereby approved, and the Mayor is authorized to sign the agreement. The City Clerk shall transmit the original agreement to PG&E for recording purposes. . . On motion of , seconded by and on the following roll call vote: ' AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of 1991. G - � -3 Resolution No. (1991 Series) Page Two. MAYOR ATTEST: CITY CLERK APPROVED: City A inistrative Officer C' tt ney City Pgineer jkl/pge-agr by G - g- � .11 a+ ORrvE 4' oarve P a�$ 1 NORRM a /� •..e. 'A�..�pqE a / ,s. A�� 6• � cj Da\ STOPIfN 4e q. / :• 9 • ° i %• AWOOp OR C 1 a - 2 C \ \ c ORCUTTW RD. J. 9 LI \P I S .�. $• 9A 4� ;pG a r° =Nh SALE '�� ' !` Iy�ro r• 7� Rt5PRY0IR _ _ _� b•• \ 7' y\PFy� r /• i c /• O• ` 4� a• ya ` t 10's 70' ,I • 4• f pp CIO,, 9 PU rc Z 11�* • /h NOPKINS LAI&- ' tp\'` \C• d `��L C \ B;12" � AV u a • • 04% II II CONSENT TO COMMON USE THIS AGREEMENT, entered into this 571N 7CIL day of VV\cxr-c.G^ 19 R1 , by and between PACIFIC GAS AND ELECTRIC COMPANY, hereinafter called "Company", and the City of San Luis Obispo , 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 easement from Aurelio Brughelli and Irene Brugheili , husband and wife, by the deed dated September 18, 1953 abd recorded in Volume 730 of Official Records, at page 235, San Luis Obispo County Records (R/W #1259-65). COI•Y i 62-4214 PG t of 4 -n- and WHEREAS, Agency has acquired certain lands for waterline purposes in the vicinity of San Luis Obispo , County of San Luis Obispo , 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 outlined by heavy dashed lines on the drawing attached hereto and made a part hereof. fP.G.7r+o E.CO. 1 COPY ��„� o� „= A -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 a 20 foot wide waterline strip 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. G-g- g 7. :-, i I 62-4214 PG 3 OF 4 -4- 3. This agreement shall inure to the benefit 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 By William A. Uti'c Acting Region General Services Manager Attest By Attest Mission Trail Region Los Padres Division MB-SLO 115KV Dr.# 207389 Sec. 2, T31S, R12E, MDB&M. NE/4 SE/4 File # 91099 Ref: R/W# 1259-65 i . i �- • 62-4214 PG 4 OF 4 AU,�ELID 8)20(!�7AELL I s I2ELIE ZEUCo�-TELL / R05BAAID 4 "IFE zzg= : .SEAT /B , /9S3 ✓DL- 730 O.P. i zzl. TD ILS E EIXI /sx • WArEEL/tiE 0 f' /55/c�(J 7FA/L �1Jlc4J LOS PAD= Z)l U1ZqfT1cAJ ME- ,5z-c, //St v OZO73Eq AlEld- 5E/4 SFf, Z, T. 3/'15 E /Z E. i MIDB s m �-F-- /� ElLt) 'r /Z.59S - 6 APPROVED BY LREV.REV. DATE DESCRIPTION GM DWN. CHKD SN SUPv. C'L'/115EAIT TD C'G4!/IGYZC USE Dwo. UST DWFC Y SLI/U LLI/,f CB/SPO S CHKD. rpt !� /� 7 i'C1f-1��L /N� SHEET NO. /� SHEETS O•IC DRAWING NUMBER REY. DATE/2 4 SIO =:d�E PACIFIC SAN FRANCISCO. CALIFORNIA COMP P4Y ;'^ F ,_,,v 9/049 Pacific Gas and Electric Company a06 Higuera Street P.O.Box 592 San Luis Obispo.CA 93406 March 12, 199X Jerry Michael Tierra Engineering , O. Box 1796 S San Luis Obispo, CA. 93406 Dear Mr. Michael: Enclosed, please find the Consent to Common Use agreement to allow the installation and maintenance of a waterline crossing PG&E's 80 foot wide electric transmission easement. The easement was granted by Aurelio Brughelli and wife, dated September 18, 1953 and recorded in Volume 730 of Official Records at page 235, San Luis Obispo County Records. A copy of that easement is also enclosed for your information. Please, have the City of San Luis Obispo approve and sign the consent, have it notarized, and return it to this office. A copy of the consent will be sent to the City after recording. Please contact Don McKinley, of our Region Electric Dept. , at 546-5276, at least 48 hours prior to the start of work. If you have further questions, please feel free to call me at 595-6435. Sincerely, Mike Olsen Senior Land Tech G - S - fI