The URL can be used to link to this page

Home My WebLink AboutAgreement A-19-326 with PGE.pdf Agreement No. 19-326 Consent to Common Use Agreement(Rev.4/201 S) RECORDING REQUESTED BY AND RETURN TO: PACIFIC CAS AND ELECTRIC COMPANY 245 Mw-kel Slreel, NIOA, Room 1015 P.O. Bar 770000 San Francisco, California 94177 Location: City/Uninc Recording Fee$ Document Transfer Tax$ [ ]This is a conveyance where the consideration and Value is less than$100.00(R&T 1 191 1). [ ] Computed on Full Value of Property Conveyed,or [ J Computed on Full Value Less Liens &Encumbrances Remaining at Time of Sale j J Exempt from the fee per GC 27388.1 (a)(2);This document is subject to Documenta►y Transfer Tax (SPACE ABOVE FOR RECORDER'S USE ONLY) Signature of declarant or agent determining tax LD# AGREEMENT CONSENT TO COMMON USE AGREEMENT THIS CONSENT TO COMMON USE AGREEMENT, hereinafter called "Agreement", entered into this 9th day of July , 2019 , by and between PACIFIC GAS AND ELECTRIC COMPANY, hereinafter called "PG&E", and the COUNTY OF FRESNO, hereinafter called "Agency", RECITALS A. PG&E is the owner in possession of certain rights of way and easements, hereinafter referred to as "PG&E's easement", described as follows: That certain right of way and easement granted by Mary E. Lesher to "PG&E" by deed dated August 5, 1946, and recorded in Volume 2407, of Official Records, of the County of Fresno at page 206, (LD# 2212-21-0102) and by J.K. Blasingame and Thelma L. Blasingame to "PG&E" by deed dated December 16, 1946, and recorded in Volume 2479, of Official Records, of the County of Fresno at page 465, (LD# 2212-21-0106). B. Agency has acquired certain lands for public road purposes in the vicinity of Auberry Road and Copper Avenue, County of Fresno, hereinafter referred to as "Agency right of way". C. The Agency right of way occupies a portion of PG&E's easement and is subject to PG&E's easement, which said portion is hereinafter referred to as "Area of Common Use" and is described as follows: The cross-hatched area designated "Area of Common Use" upon the print of PG&E's Drawing Number 31343594, attached hereto and made a part hereof. NOW, THEREFORE, PG&E and Agency hereby mutually agree as follows: 1. PG&E hereby consents to the construction, reconstruction, maintenance or use by Agency of the Auberry Road and Copper Avenue Traffic Signal Installation Project over, along and upon PG&E's easement in the Area of Common Use subject to PG&E's easement and right to use said Area of Common Use for all of the purposes for which PG&E's easement was acquired and to the terms and conditions herein contained. PG&E 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. Agency acknowledges PG&E's title to PG&E's easement in said Area of Common Use and the priority of PG&E's title over the title of Agency therein. PG&E has and reserves the right and easement to use, in common with the public's use of 2 has and reserves the right and easement to use, in common with the public's use of Agency's right of way, said Area of Common Use for all of the purposes for which PG&E's easement was acquired, without need for any further permit or permission from Agency. Except in emergencies, PG&E shall give reasonable notice to Agency before performing any work on PG&E's facilities in said Area of Common Use where such work will be performed in, on or over the traveled way or improved shoulders of said Agency right of way or obstruct traffic. PG&E shall make adequate provisions for the protection of the traveling public. 3. In the event that the future use of said Agency right of way shall at any time or times necessitate a rearrangement, relocation, reconstruction or removal of any of PG&E's facilities then existing in said Area of Common Use, the Agency shall notify PG&E in writing of such necessity and agree to reimburse PG&E on demand for its costs incurred in complying with such notice. PG&E will provide Agency with plans of its proposed rearrangement and an estimate of the cost thereof and, upon approval of such plans by Agency and the execution of a relocation contract, PG&E will promptly proceed to effect such rearrangement, relocation, reconstruction or removal. PG&E shall make adequate provisions for the protection of the traveling public. No further permit or permission from Agency for such rearrangement shall be required and if such rearrangement shall require relocation of any of PG&E's facilities outside of said Area of Common Use, Agency will (1) enter into PG&E's standard form of Joint Use Agreement covering the new location of PG&E's easement within the Agency's right of way, (2) provide executed document(s) granting to PG&E good and sufficient easement(s) outside of the Agency's right of way if necessary to replace PG&E's easement or any part thereof, and (3) reimburse PG&E for any costs it may be required to expend to acquire such easement, provided it is mutually agreed in writing that PG&E shall acquire such easement. 4. Except as expressly set forth herein, this Agreement shall not in any way alter, modify or terminate any provision of PG&E's easement or the priority thereof over the title of Agency in said Area of Common Use. Both Agency and PG&E shall use said Area of Common Use in such 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 PG&E or Agency may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either Agency or PG&E in such a manner as to cause an unreasonable interference with the use of said Area of Common Use by the other party. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of both parties. The parties have caused this Agreement to be executed by their respective duly authorized officials. PACIFIC GAS AND ELECTRIC COMPANY THE COUNTY OF FRE NO By, o1,1 By f Name Marisol Garcia Name Steven E. White Its Supervisor, Land Rights Services Its Director of Public Works and Planning 4 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set forth 2 above. 3 COUNTY OF FRESNO 4 5 6 7 Nathan Magsig, Chairman of the Board of 8 Supervisors of the County of Fresno 9 10 ATTEST: Bernice E. Seidel 11 Clerk of the Board of Supervisors County of Fresno, State of California 12 13 By A s�mn 14 Deputy 15 16 17 18 19 FOR ACCOUNTING USE ONLY 20 ORG No. 4510 21 Account No. 7295 Fund No. 0010 22 Subclass No. 11000 23 24 25 26 27 28 5 LD#2212-21- North SW 1/4 OF SE 1/4 WESCLO , SEC. 7 APN: 580-040-09 & SW 1/4 OF SW 1/4 SEC. 8 I � O w "EXISTING PG&E EASEMENT" BIGLIONE Q DEED DATED: AUGUST 5, 1946 APN: 580-040-10 VOL. 2407 OR PG. 206, FCR LD #2212-21-0102 EXISTING OVERHEAD TRANSMISSION POLE "EXISTING PG&E EASEMENT" LINE TO REMAIN DOC. No. 7535 DEED REC.: FEBRUARY 6 1947 LD #2212-21-0109 n ^� "AREA OF , _ T _o COMMON USE" T RELOCATED OVERHEAD - - - - - -- - �o TO UNDERGROUND UND I EXISTING RA /W E. COPPER AVENUE I - -C- - - - - - - - - -- — EXISTING OVERHEAD FACILITIES F.M.F.C.D. CHOHAN APN: 580-050-08T APN: 580-050-18 UNLESS OTHERWISE SHOWN ALL COURSES EXTEND TO OR ALONG ALL BOUNDARIES OR LINES Applicant: DATE COUNTY OF FRESNO NTS 5-15-19 SECTION TOWNSHIP RANGE MERIDIAN 7 & 8 12S 21E MDB&M COUNTY OF: FRESNO CITY OF: CLOVIS F.B.: M5CF DR.BY: M5CF CH.BY: ]]WM PLAT MAP: 12212 (ELECTRIC) FRESNO 112954230 31343594 REFERENCES: LD #2212-21-0102 PG&E I DIVISION I AUTHORIZ DRAWING NO.