Consent to Common Use Agreement (Rev. 4/2015)
RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
300 Lakeside Drive, Suite 210
Oakland, CA 94612
Attn: Land Rights Library
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 Documentary Transfer Tax
Signature of declarant or agent determining tax
LD# 2230-27-11503
(SPACE ABOVE FOR RECORDER'S USE ONLY)
AGREEMENT
CONSENT TO COMMON USE AGREEMENT
THIS CONSENT TO COMMON USE AGREEMENT, hereinafter called “Agreement”, entered into this day of, 2026, by and
between PACIFIC GAS AND ELECTRIC COMPANY, hereinafter called ”PG&E”, and the CITY OF BAKERSFIELD, 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:
Easement deed signed by Dick Fanucchi and Rose Fanucchi, husband and wife, and recorded in Book 2081, Page 225; May 15, 1953; Kern County Recorder; Land Document No. 2230-27-0235.
Easement deed signed by Capital Company, a California Corporation, and recorded in Book 2098, Page 182; June 30, 1953; Kern County Recorder; Land Document No. 2230-27-0237.
B. Agency has acquired certain rights-of-way for PUBLIC ROAD PURPOSES in the vicinity of Bakersfield, County of Kern, 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 area designated "Area of Common Use" upon the print of EXHIBIT A, 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 BLACKWATER VALLEY DRIVE, 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 and 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 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.
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 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.
4 CITY OF BAKERSFIELD
KAREN GOH
Mayor
Print Name: JONATHAN LOCKHART
Title: Supervisor, Land Rights
PACIFIC GAS AND ELECTRIC COMPANY
(Signatures on Following Page)
DO NOT HAVE STAND ALONE SIGNATURE PAGE
5 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
county of Alameda________
On 1before me,DaVld Lee Notary Public,
* I Insert name
personally appeared ~’ __ __
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Signature o\Notary Public
Individual r oneself/themselves
CAPA TY CLAIMED BY SIGNER
WITNESS my hand and official seal.
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V*
CD
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i
DAVID LEE |
COMM # 2449228 c_
NOTARY PUBLIC'CALIFORNIA>
ALAMEDA COUNTY J"
MY COMMISSION EXPIRES .
JUNE 5. 2027 I
(Seal)
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partnerfs) of the above named Partnership(s)
[ ] Attomey(s)-in-Fact of the above named Principal(s)
[ ] Other
APPROVED as to content:
DEVELOPMENT SERVICES DEPARTMENT
By:
PHILLIP BURNS
Development Services Director
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
VIRIDIANA GALLARDO-KING
Deputy City Attorney
Insura nce/Surety:
COUNTERSIGNED:
By:
RANDY MCKEEGAN
Finance Director
6 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of)
On , before me,Notary Public,
Insert name
personally appeared
--- - 5
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attomey(s)-in-Fact of the above named Principal(s)
[ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of)
On, before me,Notary Public,
Insert name
personally appeared
________________________________________________________________________________________________ __> who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attomey(s)-in-Fact of the above named Principal(s)
[ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of)
On, before me,Notary Public,
Insert name
personally appeared
------------------------------------------------------------------------------------------------------------------------------------------------- - --- --------------------------------------1 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attomey(s)-in-Fact of the above named Principal(s)
[ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of)
On, before me,Notary Public,
Insert name
personally appeared
----------------------------------------------------------------------------------------------------------------------------------------------------------------- - ------------------------------- 3 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partners) of the above named Partnership(s)
[ ] Attomey(s)-in-Fact of the above named Principal(s)
[ ] Other
Attach to LD: 2230-27-11503
Area, Region or Location: 5
Land Service Office: Bakersfield
Line of Business: Gas Transmission (52)
Business Doc Type: Agreements
MTRSQ: 22.30.27.29.24, 22.30.27.29.23
FERC License Number: N/A
PG&E Drawing Number: B-4361 Sh.1
Plat No.: N/A
LD of Affected Documents: 2230-27-0235, 2230-27-0237
LD of Cross Referenced Documents: None
Type of interest: Consent to Common Use (62)
SBE Parcel: N/A
% Being Quitclaimed: N/A
Order or PM: N/A
JCN: N/A
County: Kern
Utility Notice Number: N/A
851 Approval Application No: ;Decision: N/A
Prepared By: VXFH
Checked By: L1N1
Approved By: L1N1
Revised by:
7 EXHIBIT A
8