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HomeMy WebLinkAboutCommon Use - P.G. & E. - 1965 P.G. & E -- Cjarvm Use A ra. { � Uss .a CONSM TO THM AGTMBKMI, entered into this �—day of YY\Gt. by and between PAC17IC GAS AND EIRCTIRIC COMPANY, hereinafter called Pacific, and the CrN CW Ci.TP�►i 0, hereinafter called Cupertino. W I T N E S S E T H: 4; WHEMEAS Pacific is the owner 4.r possession of certain rights of way and ease- menus, hereirafter referred to as "Pacifies easement", and described as follows: 1. The right of way and easement granted by H. Aronsen and wife to Pacific by deed dated May 26, 1.927 and recorded in the office 3f the Recorder of the County of Santa Clara, State of California, in !'look 324 of Official Records at page 382; and The right of way and easement granted by H. Aronsen and wife to Pacific by deed dated Deceml;er 9, 1953 and recorded in the office of said Recorder in Book 2791 of Official Records at page 292; and V.'.-�,A.S Cupertino has acquired certain lands for street and sidcvalk purposes in 1:he City of Cupertino, County of Santa Clara, hereinafter referred to as "street right of way", and WHEREAS the street right of way occupies a portion of Pacific's easement aLd is subject to said easement which said portion is hereinafter referred to as "Area of Common Use", as shown on the map attached hereto marked EXHIBTIT "A" and hereby made a part hereof. NOW, THEREFORE, Pacific and Cupertino hereby mutually agree as follows: 1. Pacific hereby consents to the construction, reconstruction,maintenance or use by Cupertino and the public of said street right of way over, along and upon Pacific's easement in the Area of Common Use subject to Pacific's right and easement to use said Area of Common Use for all of the purposes for which Pacific's easement was acquired and to the terms and conditions herein contained. Pacific does not by this consent, and shall not be deemed tc, subordinate its right iL the Area of Common Use to any use which Cupertino or the public shall make of sold area. 2. Except as expressly set forth herein, this agrewent shall not in any say alter, modify or terminate any provision of Pacific's easement or the priority thereof over the title of Cupertino in said Area of Coon Use. Both Cupertino and Pacific shall use said Area of Common Use in such a manner as not to interfere unreasonably with the rights of the other. Nothing herein containe�i shall be construed as a release or waiver of any clam for compensation or damages which Pacific or Cupertino may nov have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either Cupertino or Pacific in such a manner as to cause an unreasonable inter- ference with the use of said Area of Common Use by the other party. 3. This agreement shall inure to the benefit of and be binding upon the successors and assigns of both parties. 1N WITNESS WHEREOF the parties hereto have caused this agreement to be executed in duplicate by their respective officialsthereunto duly authori$ed. .,PACIFIC GAS AND ELECTRIC: COMPANY Ma ge , Land Departme By Secretary CITY OF CIWMTINO BY By ��-mac• E<< 1 1 . , . s^ L ter✓Y�� r-�:J,�•,.... r� % 1 ♦�r ♦ 14dL ro I M w _ � r t Ale x� �Vc �S 359708 4 s� 491 "`476 V7� 06 9v_v%11i_ FILED FOR RE Am 6 11 AMP I WAL FIECOM BMffA GE0RGE F_FOWLES RECORDER JOINT USE AGREEMENT tit THIS AGREEMENT, entered into this _-J day of! r3ae e,1/, 19_41r-"9 _, .by and between PACIFIC GAS AND ELECTRIC COMPANY, hereinafter called "Company". and the CITY (IF CUPERTINO hereinafter calle+ "Agency", WIT \ ESSETH %VH'REAS, Company is the owner in possession of certain rights of way and ease- ments, hereinafter referred to as "Company's easement", described as follows: All that portion of the right cif way and ea.serent granted by Burnette Spence Betti and husband to Caaapany by deed dated December 23, 1954 and recorded in the office of the County Recorder of the County of Santa Clara in Book 3068 of Official Records at page 250, lying within the parcel of land described under PARCEL ONEE in the deed from I-lac Donald & Dorsa to the City of Cupertino dated April 29, 1968 and recorded in the office of said County Rem rder in Book 8113 of Official Records at page 546. f)0�?; N Zl' 62--4213 'FIG, = OF 4 r F.'s . • BDCX MIR P g wr -2- and WHEREAS. Agency has acquired certain lands for_ a 9BA ,a in the vicinity of AAA4a Vesta Drive , County of Santa Clara , hereinafter referred to as "Agency right of way", which said Agency right of way is subject to the Company's easement, and WHEREAS, Cantpanv's facilities installed Pursuant to Company's easement will inter- fere with __ the park and Agency desires to eliminate such interference. `Ott', THEREFORE, Company and Agency hereby mutually agree as follows: 1. The location of Company's easement so far as it now lies within said Agency right of way is hereby changed to the strip of land within said Agency right of way, hereinafter referred to as "new location", described as follows: A strip of land of the uniform width of 40 feat extending from the southeasterly boundax7 line of the parcel of land described under PAFiCEI, on in the deed from lac Donald & Dorsa to the City of Cupertino dated April 29, 1968 and recorded in the office of the County Recorder of the County of Santa Clara in Hook 8113 of Official Records at page 546 northwesterly, northeasterly, and northwesterly to the northwesterly boundary line of said PARCEL CNE and lying equally on each side of a .line which begins at a point in the southeasterly boundary line of said PARCEL CITE and runs thence N. 20- 021 0711 ilt. 40 feet, more or less, to a point hereinafter for convenience referred to as Point "A", thence N. 5° 451 23" E. 333.07 feet, thence N. 49' 451 19" '6. 297 feet, more or less, to a point in Cmpauy's existing pole line, thence N. 20 021 07" ., along said existing pole lane, 130 feet, more or less, to the northwesterly boundaa7 line of said PARCEL (RE. said Point "A" bears N. 5° 421 07" W. 84.74 feet distant from the most southerly corner of said PARCEL M. to-4213 P 6& :: OF 4 r, �F2 S A 'P 84 -3- 2. Company does hereby surrender and quitclaim to Agency all of Company's right. title and interest under and by virtue Company's easement in the old location withiy said Agency right of way and not included said new location. 3. Company hereby consents .a the construction, reconstruction, maintenance or use by Agency of pa* over. along and upon Company's easement in the new location subject to Company's right and easement to use said new location for all of the purposes for which Company's easement was acquired and to the terms and conditions herein contained. Company does not by this agreement and shall not be deemed to subordinate its rights in Ole new location to any use which Agency shall make of said area. 4. Except as expressly set forth herein, thiE agreement shall not in an} 'Jv3v alter, maiify or terminate any provision of Company's easement or the priority thereof over the title of Agency in .=aid new location. Both Agency and Company shall use said new location in such a manner as not tointerfeseunreasonably with the rights of the other. \othi-: herein contained shall be construed as a release or waiver of any claim for compensation or iam.,,ges which Company or Agency may now have or may hereafter a;:quire resulting from the construction of additional facilities or the alteration of e..isting facilities b; either Agency or Cornpany in such a manner as to cause an unreasonable interference with the use of said new location by the other party. 5 62•-a4213 PG 3 OF a April 4, 1969 County 7vcoreer 11, 0. Box 7 1a San jooe, Californ.a 95 f, '-)f,ar X-. Fowles: Will z'12zise recora bm vn=lcsee co. iaS C.-- ,joint Use Agreement. After �hla doctent ;.as '.-.)cen rccurdca , zlcarc; complete the attached card and return to addressee. Sincerely yours, CITY OF C'UPZRTM Wm. E. Ryder City cler't 9M EnCIS. } April 29, 1969 Pacific rAs 6 Electric Cowps�v San Jose Division Land D*Tartr.rnt 20065 Stevens Creek Boulevard Cupertino, California 95014 Attention: Mr. C. J. Smith Gent 1 emen We are enclosing a recorded copy of Doi joint Use Agree- mer.t for your files. Very truly yours. CITY OF Ct PERTINO We.. E. Ryder .;ity Cler% 9M Incl . n e . JOINT USE AGREEMENT THIS AGREEMENT, entered into this ZZnd —day of June ° 19 70 by and between PACIFIC GAS AND ELECTRIC COMPANY, hereinafter called "Company", and the cnT Op ciffmi►o hereinafter called "Agency", WITNESSETH WHEREAS. Company is the owner in possession of certain rights of way and ease- ments, hereinafter referred to as "Company's easement", described as follow.: The 40 foot strip of land referred to as "near location" in the Joint Use Agreement between Gompmy and Agency dated November 26, 1968 and recorded in the office of the Santa Clara County recorder in Boole 8491 of Official Records at page 476. -r v r-- TO C•�- ._ I 3?� GCORDE ,A.rt r this dog bpen recorded, .cea below _j Re cords Yagc(s)---1 ----------��►-- �- C : County, California, on the-., � day of-_."r<a----------r 62-4213 PG t OF 4 s e ' -2- and WHEREAS, Agency has acquired certain lands for a City PgLA in the vicinity of gi=D,;, V nt 2cima , County of Santa. Clara , hereinafter referred to as "Agency right of way", which said Agency right of way is subject to the Company's easement, and WHEREAS, Company's facilities installed pursuant to Company's easement will inter- fere with & and Agency desires to eliminate such interference, NOW. THEREFORE, Company and Agency hereby mutually agree as follows: 1. The location of Company's easement so far as it now lies within said Agency right of way is hereby changed to the strip of land within said Agency right of way, hereinafter referred to as "new location", described as follows: A strip of lend of the unifom width of 40 feet emtendlng south— easterly frmm the northwesterly boundar7 line of the parcel of land described under PARCEL ME in the dead from Mae Donald and Domi to the City of Cupertino dated April 29, 1955 and recorded in the office of the Santa Clara County Recorder in lit SW of-Official Records at page 546 and lying equally on each side of a line which begins at a point in said northwesterly bouad=T Line, cU tart along said northwesterly boundary line 21.7 feet southwesterly fram the most northerly corner of said PARCEL ONE, sad mans these S. 32" 04J, E. 351.1 feet, thence S. 3 ZAI W. J ;:,.9 feet, thence S. 43- 6MI E. 45.0 feet. 62-4113 PG 2 OF O 9 -3- 2. Company does hereby surrender and quit-Jaim to Agency all of Company's right, title and interest under arJ by virtue of Company's easement in the old location within, said Agency right of way and not included in said new loca�ion. 3. Company hereby consents to the construction, reconstruction, maintenance or use by ►gencc of AVA_aU, ISlafi _ IMSAM over, along and upon. Company's easement in the new location subject to Company's right nc, easement to us:: said new location for all of t-he purposes for which Company's easement was acquired and to the terms and con .litions nerei;, contained. Company ,joes not by this agreement and shall not be deeme l to subortiinare its ri`nts in the new location to a..\' use which Agency shall make of said area. 4. E,.cept as expressly set forth herein, this aereemeia s;all roc i a7v xav :titer, modify car terminate any pro-.':.,ion of Compa-y'n easement or -the pr.orit\ thereof over the title of Agency in said new location. Both Agency- and Company shall use sai_—-ew iocatio in suzi, a manner as not to interfere unreasonably with the rights of the other. Nothi n,: nerei contained shall be construe:.; as a release or waiver of any cin;m for compensation or damages which Company or Agency may no-w have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existin,, facilities by tither Agency or Company in such a manner as to cause an unreasonabi,! interferen,:e with the use of said new location by the other party. 52-.4213 PG 3 OF t "tea ®ao �nneataatroco SulmorCA City asI_jCswuv� San Francisco *a t& 14th des� Aukust _ _ iw tba�+fw 19�baba ofte,.. Lucille Mullen a Navy F°.d& in "d far to MW City and---- __.County,duly commissioned and sworn.personoll, of towed bann tome to berb..._......_ __..__.___ ___ S�e�zsiiaatu:. .uf_.LaIIci_.:�,aaa�ent...anc3..S�e..S�eczetary,..._..._. _. ..____...... res e c t i ve!'I o;IAW rortsoration that executed Ow mW in mstrument,and to be the person.5 twin+exe,aced the said inaremens on behalf of said corporation therein named.and acknotrledged to we :kzf such corporation taecu&d flu n'Ats inat►vntent Pursuant to its by-lztrs or a rrsciutr:Pn D! W of _ __ - --• . directors. rf'�`• 1.. -k-A E %1ULLEN IN !i','7NFSS WHEREGF. I how ne►evato set my hand and agiixed my c="-bc' seal in Cc�smty at FZ-aacia :Af day and year in.this certi*ate first cbmv zvritten. Lucille Yull.en Vo&try Public is and for the.,....._C 3t_. _.._._._. .._...._..,.._.._ ...County of._......-�v-OA State<i- -alfforma My Comnnitsian Espirrs................--------------_____.__..__._........----._.._._-...._..._._.... _ ,_Jmuary.. 23,197.1 _._ _._._ 4 -4- 3. This agreement shall inure to the benefit of and be binding upon the successors and assigns of both parties. ',\ t4 'III E'SS MiERLOF, zhe rn -ties hereto have caubed; this agreement to be executes; !is Junh—ate b}- their respective officials thereunto duly authorized. PAC& GAS AN �LEC:TRIC CONIPAtl" B3 0 WR CDINA OF LAIN1D ANAGEMENI 10 Attest Seery r B`r J i----- f-Zr—T Mat(5 City, upe ino Attest City CI 47 STATE OF CALIF)RNIA ss. Canty of ►tX j on this �/ ay o n the year one thousand nine hundred and before, me, �a Notary Public in and for t..- _ County of State of Califo ia, duly tsst coissioned and swore, personally appeared ®�1 Qt� knovn to sae to be the person �_ Whose nameZ subscribed to the within instrment, and acknowledged to me that�he executed the same. IN WITNESS WHEREOF I have her eunt set m0 and affixed my official seal in the _ County of the day and year in this certificate first above written�.�'' ----- Notary is in and for Iie - - - - - - - SE County of � OFFICIAL SEAL IEOEMIAII J. FITZGERALD State of California My Comffiission Expires _ ! /96 7 tv 1) is on c au rc4 h19y.1.1374 tM4 Se.Saratoga- MyNak RduCUP*fd o.Ca.M*14 62-6213 PG A OF 4 .. .5v;lp 0 hSIR jyL,e: .. ��/oRC.�L r)'.'fR © , fie, OR Of f Al �e ! 4 OF? N_ sa► .� a � r ie `r �!? r < tit vl lC i 511 in :+: tl i s ' rJE,Bk�n CoR7`' J I ee SIB (n?l0) � Ivl DM�. ?08052- all 4-13-1, " 4j' _F . 3f.4 �,.�y,,r y�Na f � •L'^s. W()5-101 �� ��t... /�d� i55 '?r� i- ; eav� bra ®e+ ev citt. nkV RELOCATION G,au Uffr ASIMM c'!T•Y OF C-'iI'EPTINO ewes mollo=ir C Apy�� p0 GAS AND ` rlNn COMPANY me a e RESOLUTION NO. 2012 A RESULtTTIGN OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AU MRIZING THE EXECUTION OF AN AGREEMENT BY THE MAYOR C►rm THE CITY CLERK WITH PACIFIC GAS ANI) ELECTRIC COMPANY HILLSIDE PARK WHEREAS, there has been presented to the City Council an Agreement by and between PACIFIC GAS AND ELECTRIC COMPANY and the CITY OF CUPERTINO for joint use of Pacific Gas and Electric Company easement and City of Cupertino Hillside Park property; and said agreement having been approved by the City Engineer; and WHEREAS, said agreement also provides for the transfer of a portion of P.G. & E. 's 60 KV pole line easement from its present location to the site of its relocated facilities; NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. PASSED AND ADOPTED at an ad'ourned regular meeting of the City Council of the City of Cupertino this 2Rnd• day of June 1970, by the following vote: AYES: Councilmen - Fi t._yerald, Frol ich, Green , Stokes NOES: Councilmen - do ne ABSE'.BT: Councilmen - Pioe i APPROVED: /s/ Gary G. Stokes Mayor, City of Cupertino ATTEST: /sl '4m. E. Ryder City Clerk THIS IS TO CEG-f'FY T`- AT T4E W""'N iNS'rr7l�hiz :-' IS A. f�uE AND CORRECT CC_' y OF THE O,Q,13INAl_ ON FILE IN THIS OFricE. ATTEST- � '9�G CITY CLERK Fi THE ITY C PERTINO Ely_ -- CITY C RK i • arc 8491 47 -4- 5. This agreement shall inure to the benefit of and be binding upon the successors and assigns of both parties. IN �vITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate by their respective officials thereunto duly authorized. y'0:c . PACIFIC G AND ELECTRIC COMPANY C_ ., d+. R B 1 _ -- , ; Di r Land em Attest cp� y Secreyax7 Cif of CUPLt 00 Mayor, City of (";upertino se-axoa a-aa icokoow•�wro STAIT OF CAUFORNIA } a .. e ----- ---------- County of......--•-•------........— - -- ..........._ C,- 1_., 1�•-�, -,�-'•,ter •,. , �. On thi --- ---- -daY af-- - --— --- -......... - -._,iw the year 19........, bef,re me. ........._----- - --_........----- ...... ................ i a Notary Public in and for the said _________:_. _ _•---•-____-. County,duly commissioned and sworn,personally appeare9 _ ---_..-- - ---'---•--.-.---------.....'................ ..•.......,-------- - .tee- @� -,: r.-••- w - =•�jZ - .'._.._.....-•------•------ r ct -d ^r� e..t t t, knownto me to be the---------------- ---_ .. .. - -- -....... _ --- .... ...... .....----.... ... .. _.. ...._........... of the corporation that executed the within instrument,and to be the person_-who executed t1w said instrument on behalf of said corporation therein named,and acknowledged to me that jwil -� - --- corporation executed '.ht within instrument pursuant to its by-lams or a resolution of its boar LUCILLE MULLC4 directors. NOTARY PLdk�"' Cl Y ANU C0t1N i IN IFITR•E.SS WHEREOF, I hate hereunto W myband wO affixed my official sed s C the County of ...________.____-•---------......,.__.._.._.-_.., the dry dno year in this certificate first abate written. c. �... j'i ✓ -z� .rC j ._......_.. en ................_.__-__..-.--__..-. TllCl1 U11 :.:.... pan sco C ,gads,o au,ety aj—.._—._._._._..._......_.---.�.__ _. __ _ .�-_ t C.4rfe4 23�z 9?1--__..-----_.__ ...... t loll �aa s t 1 t aocK491 AHIBITA, V7 -- ,;.. _ j- ! l f s L 4 I f R i L e 1Yr APPMWZD fY CH. � 0R'4[�tlE�L.l4T N. �C}lei m ,."1t �• �, •O D� r f;C�(.? �RA1WRNti i�6ii 0 r ' t _• ` - �� X 8491 r,.482 Excerpt from Minutes of. the Regular Meeting of the City Council of the City of Cupertino, March 17, 1969: "City Manager Storm asked that the agreement be authorized for execution by the Mayor and the City Clerk in connection with the reloca- tion of the pole line Lby PG&E from the needy acquired park site. Councilman Beaven moved, Councilman Dempster seconded and it was passed by voting 3 - 2 to authorize the execution of said agreement for moving the pole line at a cost of $2,410.34." AYES: Councilmen: Beaven, Dempster, Noel NOES: Councilmen: Stokes, Fitzgerald ABSENT: Councilmen: None CITY OF CU ERTINO C '�::TY Or Sr'N7A CLARA SiATF. OF CALIFORNIA Wm. E. Ryder , City Clerk of the City of Cupertino and ex o:ficio clerk of the legislative body of said City do hereby certify that Lh above Excerpt is a true and correct copy of the original Minutes of the Regular Meeting of the City Council of the City of Cupertino, lKar�it b'Z9 1969. IN WITNESS HEREOF I have hereunto set my hand and City Seal this ,th ; day of April , 1969. � '> I R o JOINT USE AGREEMENT THIS AGREEMENT. entered into this 22nd day of June 19 70 , by and between PACIFIC GAS AND ELECTRIC COVSPANY, hereinafter called "Comp,.ny and the _CTT'Y OF CUPr'MT1i3_0 hereinafter called "Agency", WITNESSETH WHEREAS. Company is the owner in possession of certain rights of way and ease- ments, hereinafter referred to as "Company's easement", described as follows: The 40 foot strip of la^.d referred to as "new location" in the Joint Use Agreement between Companv and Agency dated ':ovember 26, 1968 and recorded in the office of the Santa Clara County recorder in Book 8491 of Official Records at page 476. U—4213 PV4d R Zkv 4 -l- and WHEREAS, Agency has acquired certain lands for a City park in the vicinity of T i nda Vi sta nr;va , County of Santa Cara , hereinafter referred �o as "Agency right of way which said Agency right of way is subject to the Company's easement, and WHEREAS, Company's facilities installed pursuant to Company's easement will inter- fere with the park and Agency desires to eliminate such interference, NOW, THEREFORE, Company and Agency hereby mutually agree as follows: 1. The location of Company's easement so far as it now lies within said Agency right of way is hereby changed to the strip of land within said Agency right of way, hereinafter referred to as "new location", described as follows: A strip of land of the uniform width of 40 feet extending south- easterly from the northwesterly boundary line of the parcel 'bf land described under PARCEL 04r in the deed from Mac Donald and Dorsa to the City of Cupertino dated April 29, 1968 and recorded in the office of the Santa Clara County Recorder in Book 8113 of Official Records at page 546 and lying equally on each side of a line which begins at a point in said northwesterly boundary line, distant along said northwesterly boundary line 21.7 feet southwesterly from the most northerly corner of said PARCEL O:dE, and runs thence S. 32' 04`-1 E. 351.1 feet, thence S. 3' 222, W. 413.9 feet, thence S. 43, 402f E. 45.0 feet. 62-4213 PCo 2 OF 4 -3- 2. Company does hereby surrender and quitclaim to Agency all of Company's right, title and interest under and by virtue of Company's easement in the old location within said Agency right of way and not included in said new location. 3. Company hereby consents to the construction, reconstruction, maintenance or use by Agency of_ a_ uiX grid a.0 r e"-Tuurtenat�aee over, along and upon Company's easement in the new location subject to Company's right and easement to use said new location for all of the purposes for which Company's easement was acquired and to the terms and conditions herein contained. Company does not by this agreement and ihall not be deemed to subordinate its rights in the new location to any use which Agency shall make of said area. 4. Except as expressly set forth herein, this agreement shall not in any way alter, modify or terminate any provision of Company's easement or the priority thereof over the title of Agency in said new location. Both Agency and Company shall use said new location in such a manner as not to interfere unreasonably with the rights of the other, Nothing herein contained shall be construed as a release or waiver of Iiiy claim for compensation c: damages which Company or Agency may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities _ either Agency or Company in such a manner as to cause an unreasonable interference with the use of said new location by the other party. 0 92-42:3 PG 3 OF 4 NEW- -4- 5. This agreement shall inure to the benefit of and be binding upon the successors and assigns of both parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate by their respective officials thereunto duly authorized„ PACIFIC GAS AND ELECTRIC COMPANY By Director, Land Management Attest Secretary CITY OF .00 By - Mayor City of tino Attest v City Clerk STATE OF CALIFORNIA ) ss. bounty of ) On �t�ia '�'1_ day o the ear one thousand nine hundred and before me, Y' Pam, s a rotary Public in and for the _ County of State of Calif rnia, duly comet esioned and sworn, personally appeared known to a -to the person _.S_ _ whose 5 subscribed to the within instrument, and acknowledged to me that a _ executed the same. III WITNESS WHEREOF I have hereunto set my h d and affixed my official seal in the County of the day and year in this certificate first above writt7L�LM810Z ti FFiC1AL SEAL notary Pu) c in and for e I. FITZGERALD County of r ,c �. [[FUPNIA State of California ,z ,..i �y,'TA LA COUNTY f _ 191a 1 ntyGo .;xs[o[, xpuesbta 1, My Commission Expires S�nnYv Rd., a a.Ca.r' W` 10964 S..Sc.to^o 62-42 i3 PG • Q,v 4 -a � �' ,�P � �;-' � �a�Ser Ce►7+en� � ;.�y^Sum � ' le PARCEL F)"Re^ nR.lots 8 CDR a0?1.5 , PA►-® o c \ �\ (re. grader ay? . S-0, d�gibe► �4 �� 4 (Tie pinby s V\' roil Nor . 3%/. Na Q.R BaA� t�p6 r Y r 3 { re +0 �?7 lop r- Al12 y r JPI-� 1 , I Johner wife I G072 �� 511 s + b,rt Deak,rn �° Orq 2�0 \ Nir( r andarl t tra I � I�^1, 1 i (se s Rio) i` �r.4 ( to7g� �� (-rid s c i9 W b� Dw9 10805d_ Maps �F-t3-I e!? ,-�.�IJ.1131 'C '2/�, ��'/J'r 1��-#'^t;j 1 , �1r — �'� Wn5-lnJl p : !f4s '55 PAR c , Cor74.; . l:9.- t -, APMOwED DY CHG., DATC Dd9CR/rm!4 GM OV CN- = usrd 1O kV RELOCATION owwwiNo�sT N ®SG . oureraseoeo oR. CJ C/ry OF [:UPERT I NO aoorewoeoao sv CM. 6"CCT lem �NQRG o.K. CUPE/?r/NoNil 1 �uuA�raro Nuers�ao •• s�►Ts eeA 68 PACMC OAS AND afLE�CTe c comPANY yy�� MW P69ANCIS �g�.CALwORNIA After recording Please send this document a �w to City of Cupertino, 10300 Torre Avenue, J C pertino, California 95014 r k. - l ' CONSENT TO COMMON USE THIS AGREEMENT, entered into this .210Z day of 117A10 by and between PACIFIC GAS AND ELECTRIC COMPANY, h reinafter called °°Company' , and the CITY OF CUPERTINO hereinafter called "Agency". WITNESSETH WHEREAS, Company is the owner in possession of certain rights of way and ease-- ments, hereinafter referred to as "Company's easement'°, described as follows: The right of way and easement granted to Pacific Gas and Electric Company by George L. Anthony and Walter McComb by deed dated October 30, 1939 and recorded in the office of the Recorder of Santa Clara County in Book 963 of Official Records at page 479. 385287g . FILED FOR n��`'"•' AT RE ,, Auc7 2 � M �10 � s OFFICIAL REC011g 3 SANTA CLARA lain, GEORRGE FO LES NO FEE J ,; 62-42H PG f CW 4 .269 � 3 and or proposes to acquire an interest in WHEREAS, Agency has acquiredkertain lands for____4__roa&-Ay and -- landscaping —� — in the vicinity of___Cupertino , County of Santa Clara hereinafter referred to as "Agency right of way", and %VHEREAS, the Agency right of way occupies a portion of Company's easement and is subject to said easement, which said portion ishereinafter referred to as "Area of Common Use" and is described as follows: The area outlined by a heavy dashed line on the copy of �Coapany's drawing entitled "Monts Vista Substation" attached hereto and made a part hereof. 62-4214 PG 2 6F 4 m9014 onsVD -3- NOW. THEREFORE. C4nqmy and Agency hereby mutually agree as follows: 1. CwWany hereby consents to the construction, reconstruction, maintenance or use by Agency of said r®adyas and landsMigg _ over. along and upon Company's easement in the area of common use sl:nject to Company's right and easement to use said area of common use for all of the purposes for which Com- pany's easement was acquired and to the terms and conditions 4erein contained. .ompany 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. Except as expressly set forth herein, this agreement shall not in anv way alter, modify or terminate any provision of Company's easement or the priority thereof over the title of Agency in said area of common use. Both Agency and Company shall use said area of common use in such a manner as not to interfere unreasonably with the rights of the other. ;` othing herein contained shall be construed as a release or waiver of any claim for compensation or damages which Company or Agency may now have or may hereafter ac- quire resulting from the construction of additional facilities or the alteration of existing facilities by either Agency or Company in such a manner as to cause an unreasonable inter- ference with the use of eaid area of common use by the other party. 2a. Any trees planted within said area of common use shall be of varieties which e.,o not ordinarily obtain a height exceeding fifteen feet when fully grown. In the event said trees shall obtain a height greater than fifteen feet, Agency shall, at its own cost and expense, trim said trees to a height of fifteen feet. ez-rzu 040 3 OF 4 S'TAIM OF CALnMRNFA ---+tt-;:..andCotwety of... -- _ -- - ae the year 192V ore On tRas._� 1�_. -�3+of �'�� ._---- ------ r. bet f t7 and County.du! co.e.+rissicned end tdarn,perscmLd ) 00-ed►ed ® Notary Public in and for the _...._..._... y ........._._.-...--•----............. ......... ... . _-_. - _......._..__.... -- E. Hall ............................ .•.----......._._......-. &son%to me to be the -.__..........._...-..---- ., ------- ,d111a fir;_-.end.- .e1.3rt11�ellt. of tin corporation that executed the withix inttn imewt,ant to be the person_-wow executed Nei? said instrutnent on behalf of said corporation therein waw6rd.and a:kiwaiedged to «ae that swh corporation executed the withix instrument purJuawt to its by-4mj or a rtsolutw o a*"I board Of �treftA►J. 1N WITNESS WHEREOF, 1 how hereunto set my hand and a&ed my .;�-.s� seal in the ._._.._.... .! '.. anCj _..._.. -.County of.-._. _' ' 'rarc` sc r-.e day and 1 1 year in this certificate first abode written. • /! : r.cili a "ui len J� Notary Public in and for the -`wit`.' and C ,>e.nn� an ''tAnci. CO Stan Ca±+fovwio ...I..--•--.......... J nmi.mr- 23, ,.`171 .t/y Commission Expires ---.---_.___.._--....--•.................... . �'`! -4- 3. This agreement shall inure to the benefit of and be binding upon the successors and assigns of both parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be execL�ed in duplicate by their respective officials thereunto duly authorized. PACIFIC GAS AND ELLCTRIC COMPANY• By M-A"a&- - 11.43,lager XMIMUM CPW OF CUPERTINO 5ti May6r, C of tino ° .fittest — City Clerk San Jose Dwg. 26771 Dwg. 208388 T.7S. , R.2W. , M.D.B.& M. 62-421A PG O OF' • r I y f.C.Quill"Ll* 13" Pt LL PR i I PACT FiC UAS AND ELECTRIC CC WAY A IN RAMCHO SIAS H A 41-6!T 0'�!10 C T. 7 S. All SANt-61A tOWNITY MONTA VISTA SUBSTATION " ........................... gAo C C I I E R pj C, ?/.f-165 -4-Rec.3-12-4;6 �9. yol 1-133 0• "I?'P 2-13 Abs.24,1! 12 Acres 2 t 5 20'70 e!41X 5 31 46 Re: C: 6 C) yot 1359' 0 R� r) Ahs. 242 j je NOTE: This map reo,vcef 1ror,? Mop Number 0-342. Scale: t" = 200' loll CITY OF CUPERTINO CEZTIFICAiE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27281 of the Government Code. This is to certify that the interest in real property con- veyed by the deed or grant dated June 23 19 70 from. Pacific Gas & Electric Co. to City of Cupertino a political corporation and/or governr;ental agency is hereby accepted by orde.. of the on (legislative body) (or by the undersigned officer or agent on behalf of the _ (legislative body) pursuant to authority conferred by .resolution of the City Council adopted on July 20. 1970 _1) (legislative body) (date) and the grantee consents to recordation thereof by its duly authorized officer. Dated: August 6, 1970 By �� �/ �✓ _/� G _ Deputy- City Clerk City of Cupertine 1 RESOLUTION NO. 2033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY THE MAYOR AND THE CITY CLERK WITH PACIFIC GAS AND ELECTRIC COMPANY WHEREAS, there has been presented to the City Council an agreement by and between the PACIFIC GAS AND ELECTRIC CGIVANY and the CITY OF CUPERTINO for common use of certain Pacific Gay; and Electric Company rights-of-way and easement and City of Cupertino right-af-way, all as more fully specified in said agreement; and said agreement having been approved by the City Engineer; and, WHEREAS, said common use of property as described in said agree- ment is necessary in conjunction with the development of Tract No. 4824 Westridge Village, Unit 2, being developed by Sterling Homes; NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are hereby -.uthorized to execute the agreement herein referred to in behalf of the City of Cupertino. PASSED AND ADOPTED this 20th day of July 1970, by the following vote: AYES: Councilmen -- Fitzgerald, Frolich, Green, noel, Stokes NOES: Councilmen - None ABSENT: Councilmen - `one APPROVED: Js_/ Gary G. Stokes Mayor, City of Cupertino ATTEST: /s/ Uh. E. Ryder _ City Clerk TF!'' IS TO CERTIFY THAT THE WITHIN II ,• :T iS A TRUE AND CORRECT COPY L,F TF1E C:RI�INAL ON FILE IN THIS OFFICE. ^.;TY &-ERK OF HE Ty OF CUaERTtNO 13Y - CLERK i ;.f Y ' _. .,. October 8, 1970 Mt. H. Clark 34alliner Land Representative, San Jose Division Pacific Gas & Electric Company 20065 Stevens Creek Boulevard Cupertino, California Re: Consent to Cow Use Agreement - Right-of-gray and Easement Granted to F.G. and E. Co. by George L. Anthony and Walter McComb i Dear Mr. Mulliner: x In reference to a recent telephone con"reation between you and the Office of the City Clerk, we are herewith returning the e::nlosed documents. As stated, the certified copy of City of Cupertino Resolu- tion No. 2033, attached to the copy of the Agreement, is sufficient proof on the City's part attesting to the proper execution of this Agreement between Pacific Gas 8 Electric Company and the City of Cupertino. Verp truly yours, CITY OF CUPERTINO Gladys McHugh Deputy City Clerk GM:es Encle. Copy of Agreement Copy of Res. No. 2033 � o r� 86 SOUTH THIRD STREET SAN JOSE, CALIFORNIA 95114 • (408) 298-3333 October 9, 1970 City of Cupertino 10300 Torre Avenue Cupertino, California 95014 Attention: Mr. Lee Yarborough Gentlemen: Attached is your copy of the fully-executed Joint Use Agreement which provides for a transfer of company rights to the new loca- tion of our 60 KV pole line. The line was relocated to make way for the construction of Linda Vista Park. Your warrant No. 6980 for $2,222 has been received and is being processed. Thank you. If you have any questions regarding this hatter, please contact Mr. Clifford Smith, at our Division Land Department, 20065 Stevens Creek Boulevard, Cupertino, CA 95014, telephone 253-2010, ext. 27. Sincerely, 71C �eavi11 Division Land Supervisor Attach.