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Home My WebLink AboutD-710 Leal Property Recorded 03/23/1967P.E-QOLUTION NO. 1673 (1967 Series) s) FESOLUTION AUTHORIZING THE NAAYOR TO EXECUTE COMMON USE AGREEMENT vaL1429 PAA77 W H E R EA S , the City of San Luis Obispo heretofore filed suit to condemn a drainage easement across certain real property adjoining the boundaries of said City; and W H E R EA S, said drainage easement has now been acquired by the City of San Luis Obispo and Cause No. 33248 in San Luis Obispo Superior Court has therefore been dismissed; and WHEREAS, the Pacific Gas and Electric Company had pre - existing easements for tower lines and pole lines over portions of the area involved in said condemnation action; and W H E R E A S , it is in the public interest that a Common Use Agreement be executed whereby both entities preserve their rights to use the property for their respective purposes; NOW, T H E F E F O L E, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That that certain Agreement between the City of San Luis Obispo and Pacific Gas and Electric Company dated March 9, 1967 and entitled "Consent to Common Use" is hereby approved. 2. That the Mayor is hereby authorized to execute the aforesaid Common Use Agree- meat on behalf of the City of San Luis Obispo and the City Clerk is hereby directed to record the executed Agreement. On motion of Councilman Gallagher , seconded by Councilman Blake , and on the following roll call vote: AYES: Councilmen Blake, Gallagher, Spring, Miller and Mayor Whelchel NOES: Councilmen None ABSENT: Councilmen None the foregoing Resolution is passed and adopted this 20th da�y� ooff� March, 1�9667. �� Q Lei %C�GC "i!o �'/'�iL•E��G'� ATTEST: /s/ CLELL W. WHELCHEL ,ayor / SP � - . TZPAZ� K City Clerk I hereby certify that the foregoing Resoluti"n d Council of the City of San Luis Obispo at a Regular N.arch, 1967. 9144rly passed by the re0f :oh-:t#ie 20th day of 3 w CA :. Clerk 3 w CA hy' li4 /P �Al -4'S�E CPzt `3Z J APW L a N. 0�0 N n I- It u vUL.Lmr w rw,ty fu *4a egg iE .os M 493.8? E �/Q910 96 ;3� _N i�G�"- `SO 'oq0G M Q9 39 v 1 � m �t '1 1 k' 1 1 1 o- O 4 7 Iq1 "Q, \ v o rRp �4t th � 1 h to V% q3 tk 1 'Aa 1 .� Iki `1 `I x.515 Aces \, 11 Ef .660 QQ 46 N I _ A\ t .a °4�� LOT d ANO FOET /D.f/fOf N� " Ans, p/I� /s /O.✓ OT P•O.BTO�.'.8.4i!/ <.f/Of s 7 �i/N.40.4 04^LOt dtfQf� 6.4 L.OeC!/'`'0 0 Z4 8-14'Z \ a G "/ 512 �5, 'o �9W IOC Se! 1 +2 5 (Q Yor 6923 rr a *92 e� f4f L•Y � " -k- �f) cN> `b a / of 3 a J v N IL to o ? I � N� --1 I Ne4 CAD Mom j CD e g C cn O m -- k_ 5461 .. VOL1429 P0373 N CONSENT TO COMMON USE THIS AGREEMENT, entered into this l day of A.n 1967, 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: 1. That certain right of way and easement granted by Roza C. Leal to Company by the deed dated October 22, 1953 and recorded in the office of the County Recorder of San Luis Obispo County in Volume 735 of Official Records at page 443. 2. The easement for an electric distribution line consisting of wood poles and wires suspended therefrom and appurtenances thereto, together with a right of way along said pole line acquired by continuous occupancy of private property since 1924. 3 a ZC W Z3 rn N 62 -4214 ,PPG) 1 OF 4 / �!�, �12934 _Z_ and WHEREAS, Agency has acquired certain lands for a drainage- channel City of 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 parcels of land which are hatched and designated "Area of Coon Use" upon print of Drawing'No. CV 1106 attached hereto and hereby made a part hereof. 62 -4214 PG 2 OF 4 -3- ilk MX H29 PA375 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 drainage channel 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. 3 a N co co rn ti VI klah N 62 -4214 PG 3 OF 4 a dt -4- A vjL142'9' eA07G 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 respac'tkyp 's- thereunto duly authorized. '�'_ '��ACIFIC GAS AND ELECTRIC COMPANY By W6A6EB, LAND DEPARTMENT Attest 1140crS ar'r CITY OF SAN LUIS OBISPO By ( /eE &� 61.1101 "41 (CORPORATION) STATE OF CALIFORNIA Cif and Couu ty af•_San_Francisco ._--.-_— ..................... in the year 19........, before me.......... -------- _ ----- _. a Notary Public in and for the said -- ---- 9ity_M4 -------° .......... ......_........................ County, duly commissioned and sworn, personally appeared S. B. BARTON = _. _E,.-- E' -_M�► D ............ .. ........ - ......- -- -- -....................... __- _ - ----- knownto me to be the .... .-..--... te..rt..a �_P ...... ..... - .......... Secretary ...................................... _ ............................. - -._. of the corporation that executed the within instrument, and to be the persona who executed the 3 a said instrument on behalf of said corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by -laws or a resolution of its board of W �Oxo00000t�oo directors. RITA J. GREEN Cr) NOTARY PUBLIC -CALIFORNIA IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in ti CITY AND COUNTY OF SAN FRANCISCO the ..._ City �t117d .. County of __. `-'-?M.. '--'-e�IIC •SCQ .. .. .. .......... the day and year in this certificate first above _Rita._J..._ ... - -- _ ---- -------- -- ---------....I.....----- -- E..a Notary Public in and for the .............. C tjr..Snd--_--- ............ - - -- -- -- - -__ County of ................ aan.. rl= cJLQ Ca ........... _................. State of California MyCommission Expires ........ -........... J Y._ t._1 7-- ----- --- -------- - - - - -- ---------------------------------------------------------------------...................-------...------------------------------ - - - - -_ a r