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Home My WebLink AboutAgreement A-19-326 with PG&E.pdfConsent to Common Use Agreement (Rev . 4/2015) RECORDING REQUESTED BY AND RETURN TO : PACIFIC GAS AND ELECTRIC COMPANY 245 Market Street, NJ0A, Room 1015 P. 0. Box 770000 San Francisco, Califomia 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 11911 ). [ ] Computed on Full Value of Property Conveyed , or [ ] Computed on Full Value Less Liens & Encumbrances Remaining at Time of Sale [ ] Exempt from the fee per GC 27388 .1 (a) (2); This document is subject to Documenta1y Transfer Tax Si 0 nature of declarant or aoent determinino tax LD# Agreement No . 19-326 ~PACEABOVEFORRECORDE~SUSEONLY) AGREEMENT CONSENT TO COMMON USE AGREEMENT THIS CONSENT TO COMMON USE AGREEMENT, hereinafter called "Agreement", entered into this 9th day of --~J~u>+ly ____ , 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, (LO# 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 , (LO# 2212-21-0106). 2 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 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. 3 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 p_arty . 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 FR By ~l~ s/ n /Z--v\°\ By ________ _ 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 4 5 6 7 8 9 10 11 12 13 14 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 s COUNTY OF FRESNO Nathan Magsig, Chairman of the Board of Supervisors of the County of Fresno ATTEST: Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno , State of California By .SUSA-m. ~ shc:p Deputy SW 1/4 OF SE 1/4 SEC. 7 & SW 1/4 OF SW 1/4 SEC. 8 WESCLO APN: 580-040-09 "EXISTING PG&E EASEMENT" DEED DATED: AUGUST 5, 1946 VOL. 2407 OR PG. 206, FCR LO #2212-21-0102 EXISTING OVERHEAD TRANSMISSION POLE LINE TO REMAIN "AREA OF BIGLIONE APN: 580-040-10 LD#2212-21- I I I I I I I 60' I I I I I I I I I I "EXISTING PG&E EASEMENT" DOC. No. 7535 DEED REC.: FEBRUARY 6-' 1947 LO #2212-21-010b _ a COMMON USE" T-�-�HO�ITDO�RHEAD I I ______________ J __ J-__a TO UNDERGROUND M FACILITIES EXISTING R/W --0---------- I I E.COPPER A VENUE EXJSTJNG OVERHEADJ---------()------ FACILITIES F.M.F.C.D.APN: 580-050-08T CHOHAN APN: 580-050-18 UNLESS OTHERWISE SHOWN ALL COURSES EXTEND TO OR ALONG ALL BOUNDARIES OR LINES Applicant: COUNTY OF FRESNO SECTION 7&8 TOWNSHIP RANGE 12S 21E PLAT MAP: 12212 (ELECTRIC) REFERENCES: LD #2212-21-0102 NTS DATE 5-15-19 MERIDIAN COUNTY OF: FRESNO MDB&M CITY OF: CLOVIS F.B.: M5CF PG&E DR.BY: M5CF CH.BY: JJWM FRESNO 112954230 31343594 DIVISION AUTHORIZ DRAWING NO.