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Home My WebLink About4.2 ConsentCommonUseW/PG&E CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: December 14, 1992 SUBJECT: 92-01 Consent to Common Use Agreement with Pacific Gas & Electric Co. (Dublin Blvd. Extension) Report by Public Works Director Lee Thompson EXHIBITS ATTACHED: RECOMMENDATION: 1) 2) Resolution Agreement (with Exhibits) /~VaF/Adopt Resolution FINANCIAL STATEMENT: None ,DESCRIPTION: In 1958, Pacific Gas and Electric Co. (PC&E) obtained an easement for overhead power lines from the property owner of land that was subsequently obtained by the City as right-of-way for the Dublin Boulevard Extension (John Moore property). The plat map attached to the agreement as Exhibit A shows the location of the easement in relation to Dublin Boulevard and the Southern Pacific Railroad Right-of-Way. PC&E is requesting that the City execute an agreement which allows the City to work within the easement and sets certain requirements and restrictions regarding that work and the installation of landscaping and other structures within the easement so as not to interfere with PG&E's overhead power lines. The City Attorney has reviewed and approved the form of the agreement. Staff recommends that the City Council adopt the resolution approving the agreement and authorizing the Mayor to execute it. a:(9293)\december\agsCpge ITEM NO.~ COPIES TO: Joe PG&E Io~'Y ~'~ ~ RESOLUTION NO. -92 A RESOLUTION OF T~U~ CITY COUNCIL OF TN CITY OF DUBLIN APPROVING CONSENT TO COMI4ON USE AGREEHENT WITH PACIFIC GAS AND ELECTRIC CO. (DUBLIN BOULEVARD AT SOUT~RN PACIFIC RAILROAD RIGHT OF WAY) WHEREAS, the City of Dublin purchased street right of way for the easterly extension of Dublin Boulevard; and WHEREAS, Pacific Gas and Electric Company had obtained an easement in i958 for overhead power lines, which easement crosses the Dublin Boulevard right-of- way; and WHEREAS, Pacific Gas and Electric Company requires that the City execute a Consent to common Use Agreement allowing the city to work within that easement; and WHEREAS, the terms of the Agreement are acceptable to the city; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Consent to Common Use Agreement with Pacific Gas and Electric Company. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the Agreement. pASSED, APPROVED, AND ADOPTED this 14th day of December, 1992. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk a: ( 9293 ) \december\rosopge Pacific Gas and Electric Company May 21, 1992 1919Webster Street Oakland, CA 94612 510/835-8500 Lee Thompson city of Dublin, Public Works DePt. 100 Civic Plaza Dublin, CA. 94568 Re: Consent To Common Use Dublin Blvd. Extension PG&E File No. 92-04-099 Dear Mr. Thompson: Pacific Gas and Electric Company (PG&E) hereby consents to your use in common with PG&E of the area shown outlined by the heavy dashed lines and designated "Area of Common Use" on the Exhibit "A" attached hereto and made a part hereof. said area is within the right of way granted by Helen K. Dunn, a widow to PG&E by deed dated August 28, 1958, and recorded in Book 8858 of official Records at page 99, Alameda County Records (PG&E's Document No. 2203-01-0179). This consent is limited to the Dublin Blvd. Extension within the existing PG&E easment as shown upon the attached Exhibit "A". This consent is given subject to the following terms and conditions: 1. You shall notify PG&E's Electric Supervisor in Oakland, telephone (510) 874-2305 at least 48 hours prior to the commencement of your operations pursuant to this consent. 2. You agree to maintain at least 17 feet clearance from energized overhead line conductors, as required by OSHA regulations when operating equipment in the vicinity. 3. No grading within 15 feet of tower line structures. 4. A minimum of 30 feet vertical clearance, at an ambient temperature of 130 degrees F, must be maintained between conductors and final grade, per General Order 95 as prescribed by the Public Utilities Commission of the State of California. 5. Access must be maintained for large maintenance vehicles through the easement and to each structure. COPY TERMS AND CONDITIONS 1. You shall' obtain all necessar~ rights from the owners of the lands crossed by PG&E's right of way in the event that you do not own said lands and rights. ~ 2. You shall use said area within PG&E's right of way in such a manner as will not interfere with PG&E~$ use thereof O~ endanger pG&E's facilities installed ther'eon. 3. The consent hereby given is subject to all the provisions of General Order Nos. 69-B, 95 (electric), 112-D (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. 4. You acknowledge PG&E's title to said right of way and the priority of PG&E's title therein and agree never to resist or assail the same. 5. Your use of said area within said right of way shall be at your'~ole risk and expense. 6. No tools, machinery, equipment, apparatus, materials or supplies, or any part thereof shall be erected, handled, or operated within ten feet of any PG&E high-voltage line energized at 50,000 volts or less. With respect to conductors energized at more than 50,000 volts, 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, which said minimum clearances · are incorporated herein by reference. 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 ~et out in the High-Voltage Electrical Safety Orders of the California Division of Industrial Safety, which said minimum clearances are incorporated herein by reference. 7. Notwithstanding anything contained herein you agree to reimburse PG&E for any damage to PG&E's facilitie~ resulting from your use of said area within said right of way. 8. The consent given herein may be considered by others to be an implied endorsement of your plans. As a consequence, PG&E asks that you ~ assure,.by acceptance of this consent, that you have given due consideration to the ecological and environmental impact of your development and have complied with, or will comply with, the applicable provisions of the Environmental Quality Act of 1970 (California Public Resources Code, Sections 21000, et seq.). Lee Thompson May 21, 1992 Page 2 of 2 6. You shall not plant any trees or shrubs within PG&E's easement. 7. No structures or overhangs are allowed within the easement. 8. You agree PG&E shall not be held responsible for any damage to the landscaping incurred while servicing their facilities. In addition, this consent is given subject to the terms and conditions on the reverse of page 1 hereof. Please indicate your acceptance of this consent by signing and returning the duplicate of this letter stamped PG&E CO. COPY. If you have any questions, please contact Mr. Joe Block of my staff at (510) 874-2378. Sincerel~ ~_;'/M.. DePaoll ' - ' nt ~Reglon Land Superln~enae ACCEPTED: By Date EB REGION MISSION DIV T3S R1E, MDB&M NW4 OF NE4 SECTION 6 LD 2203-01-0179 R/W 511S PG & E CO. -~ DESC OPER.~.,,,, NWl/4 OF THE NE1/4 M.O.B,& M. -- PROPOSED STREET IHPROVEHENTS ~7'¢'/ "THIS PRINT REDUCED" ~SG~.: DUBLIN BLVD. EXTENSION j) )~ DWN.: J. BLOCK DUBLIN BLVD. DUBLIN fleM: 94J-550-44.19-10