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Home My WebLink AboutMINUTES - 02231993 - 1.26 /- 26 T26, TO BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: February 23, 1993 SUBJECT: Approve Common Use Consent Agreement with Pacific Gas and Electric Company for the Installation and Maintenance of Drainage Area 29C Line G Supplemental Storm Drain in the Oakley Area Project No.: 7555-6D8507-92 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE the Common Use Consent Agreement between Contra Costa County Flood Control and Water Conservation District and Pacific Gas and Electric Company for the installation and maintenance of Drainage Area 29C Line G supplemental storm drain within PG&E's easement off of Ironwood Lane in the Oakley area. AUTHORIZE the Chairperson to execute the Agreement. II. Financial Impact: The only financial impact associated with signing this Agreement is the staff costs for preparation, review and execution of the Agreement. III. Reasons for Recommendations`and Background: The rights obtained from PG&E through this agreement will allow the project to be constructed within their easement. Continued on Attachment: X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON FEB 2 3 19q,3 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT Z ) AYES: NOES: I hereby certify that this is a true and correct copy -3t ABSENT: ABSTAIN: an action taken and enteibd on the minutes of the 3oard of Supervisors onthe date shown. EW:jlg ATTESTED: FEB 2 11991 c\BO:bo23.t2 PHIL BATCHELOR,Cierk of the Board of Supervisors and CTIL Administrator Orig. Div: Public Works(Design Division)Contact: Eric When (313-2242) �Q,IL—� aeputy cc: County Administrator By " Auditor-Controller PW Accounting Approve Common Use Consent Agreement with Pacific Gas and Electric Company for the Installation and Maintenance of Drainage Area 29C Line G Supplemental Storm Drain in the Oakley Area Page 2 February 23, 1993 IV. Consequences of Negative Action: By not approving and executing this Agreement, rights to construct the project within PG&E's easement will not be obtained. Without these rights, the project cannot be constructed. • / . 24 Pacific Gas and Electric Company 1919*ebster Street Oakla m CA 94612 510;635-8500 February 11, 1993 Mr. Eric Whan Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553-4897 Re: Consent Agreement Signature Authorization PG&E File No. 92-07-175 Dear Mr. Whan: This letter is to assure you that pursuant to Pacific Gas and Electric Company' s delegation of authority, the Region Land Superintendant has the authority to execute consent agreements such as the one we are presently negotiating with the County. We hope this letter will satisfy any requirements you may have. Si cerely, 3Relon Det ung Geral Services Manager MJG:92O7175.AUT AFTER RECORDING, RETURN TO: CONSENT AGREEMENT . THIS AGREEMENT is made by and between PACIFIC GAS AND ELECTRIC COMPANY, a California corporation (PG&E) , and CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (second party) , and affects certain lands situate in the south half of the southwest quarter of Section 23, Township 2 North, Range 2 East, M.D.B. & M. , in the County of Contra Costa, State of California. PG&E is the owner of a right of way and easement for a tower line which traverses the south half of the southwest quarter of said Section 23 and is described in the deed from John Fertado and wife to PG&E dated March 11, 1957 and recorded in Book 2974 of Official Records at page 592 , Contra Costa County Records. Second Party desires to construct or install, maintain, and use a 54 inch storm drain pipe (facilities) within or across PG&E's right of way and easement and PG&E is willing to allow the same. IN CONSIDERATION of the foregoing and of the premises hereinafter set forth the parties hereto mutually agree as follows: 1. PG&E hereby consents to the construction or installation, maintenance and use of said facilities at the locations shown on the drawing marked EXHIBIT "A", attached hereto and hereby made a part hereof provided, however, that no additions to said facilities as herein approved shall be made within PG&E's right of way and easement without PG&E's written approval first being obtained. 2. The construction or installation, maintenance, and use of said facilities shall be at second parties' sole risk and expense. 3. Second party shall not in any way interfere or permit any inter-ference with PG&E's use of PG&E's right of way and easement for public utilities purposes. 4. Second party shall use PG&E's right of way and easement in such a manner as will not endanger PG&E's facilities installed thereon. 5. Notwithstanding anything contained herein, second party agrees to reimburse PG&E for any damage to PG&E's facilities resulting from second parties' use of PG&E's right of way and easement, and to hold PG&E harmless and indemnify it against any claims for damage to property or injury to persons resulting from any breach of the conditions contained herein or from second parties' use of PG&E's right of way and easement. 6. No tools, machinery, equipment, apparatus, materials, or supplies, or any part thereof shall be erected, handled or operated closer than the minimum clearances set out in the High-Voltage Electrical Safety Orders of the California Division of Industrial Safety. No transportation or transit of any tool, machinery, equipment or apparatus or the moving of any house or building shall be carried out without observing the minimum clearances set out in the High-Voltage Electric Safety Orders of the California Division of Industrial Safety, which said minimum clearances are incorporated herein by reference. 7. This agreement is subject to all of the provisions of General orders No. 69-C, 95 (electric) , 112D (gas) , and 128 (underground electric and communications) , as applicable, of the Public Utilities Commission of the State of California and to all other applicable provisions of the laws and regulations of the State of California and all other governmental agencies. 8. Second party acknowledges PG&E's title to PG&E's right of way and easement and the priority of PG&E's title therein and agree never to assail or resist said title. 9. Access through PG&E's easement must be maintained for large maintenance vehicles. 10. Second party's facilities must be capable of supporting a 65,000 lb. maintenance truck. 11. This agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. IN WITNESS WHEREOF the parties hereto have executed this agreement this day of , 19 CONTRA COSTA COUNTY PACIFIC GAS AND ELECTRIC COMPANY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BY J. M. DePaoli By h%"i 1)7,2- k Region Land Superintendent Chair, Board of Supervisors ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By Dad, i a ✓�, Deputy RECOMMEND FOR APPROVAL: By - -- C = ngineeri' i APPROVED AS TO FORM: Victor J. Westman, County Counsel By �. Deputy EAST BAY REGION DIABLO DIVISION T.2N. R.2E. SEC. 23 S/2 OF SW/4 M.D.B.& M. 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