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HomeMy WebLinkAbout71-0311 2 3 4 5 6 7 8 9 10 11 12 13 ,~14 i ' 15 16 17 18 is 20 2I 22 23 24 2S 26 2'7 28 29 30 31. 32 ~ , ~.~_cti.~h~.~ RESOLUTION N0, 7l- 31- BOARD OF SUPERVTSORS COUNTY OF BUTT~~ STATE OE CA.LIFORNIA RESOLUTION AUTAORIZING ACTi7AL COST CONTRACT BETWEIN COUNTY OF BUTTE AND PACZ~'TC GAS & ELECTRIC COMPA~IX LOS VERJELES ROAD 1067~-70-1 WHEREAS, Coun~.y of,Butte proposes reconstruction of porti.on of T,os Ver~ele Road southeasC~ of Bangor; and WHEREAS, Che reconstruction of Los Verjeles Road necessitates the cross- ing nf a PACIFIC GAS & ELECTRIC CONfPANY high voltage pole line and easement~ which wi17. require the relocation of one po1e; NOW~ '1'~TEREFORE, be it resolved by the Board of Supexvisors of the Co~nty of Butte, State of California as €ollows: 1. That said Board kaereby approves that certain actual cost contract made the 2 Td. day o£ Februarv ~ 1971~ by and between PACIFIC GAS & ELECTRIC COMPL#NY and COiTNTX OF BUTTE, wherein a joint-use easemenC is granted to County of Butte and actual cost of said pole relocation work is conCained. 2. The Chairman o£ thi.s Board is hereby authorized to execufe said contract on beha7.£ o£ the County of Bvtte. 3. That C1erk of the Board be authorized to attach certified copy of this resolution to ~aid contract. PASSED AND ADOPTED by the Board of Supervisors of the Coun~y of BuCte, State of California, this 23rd day of ~'ebruary ~ 197Z, by t[~e following vote: AYESa Supervisors Madigan, Maxort, McKi7.3.op, and Chaa.rman Reyno~ds NOES: None . AssENx: Supervisor Gilman ~ C i man, Butte Co ty B a d of Supervzsors ATT~STo CLARK NELSON~ County Cle rk and ex=officio Clerk of Ehe Board of Supervisors By a ~~~ ~~t-- Clerk / Deputy ~ ACTUAL C05T C~NTRACT TkIIS AGI~E~M~JT entered 3.r1ta this 23rd day nf Februar~ ~ 7.9 71~ by and bet~reen COUNTY OF BUT1'E , hereina.fter ca3.led Couaty, and PACIFTC u.AS ANA ELECTktIC COMPANY~ hereinafter called Compax~y, WI~'NES SE TH s 4JHEREAS, County con~ernplates constructivn o,f Loa Verjeles Road in ths ~vici.nity of Bangor~ Fsutte Co.znty~ Ca].ifarniag and WH~Ii~AS, Company maintains certain electric transmission and distributinn pole line Pacilities, hereinafter ca.Zled faea.li.ties, whi.ch wi.ll interfere with County~s pro~ect; anfl V1l-IERT'AS, County has requested and Company 3s w311~n~ to rearrange said fac313ties to eliminate such interference; IVOW, THER,~FO:~, it is hereby mutually agreed as fo].lows: l. tipon the receipt by Company of notice in writing from Countyi Company wi11 co~mnence and thereafter diligentl.y proaec~.te the rearrangement of 3.ts ~ac3.lities as nearly as possible in accordance with Company's Drawing No. ls6o656 attached t~ereto and raasked Exhibit A, provided~ however, that Company sha11 not be obligated to perfozm such wark until it has acquired neceasary land r3ghte in form satis~actory to Company for any of Compas;y~s fac3lities which must be replaced in a new location. 2. In the avent the construction of temgorary faciZit,iea is necessary~ Company may use lands ocaned or controlled by County for the purpose of making such temporary 3nsta7lation provided that County shall have approved the location thereof. Upon completa.on of aonstruction oP snch £acilities 3.n their permanent Zocation, Company shall reinove alJ. temporary facil,ities. 3. Tlpon the co~letion of' the work~ Count;~ shall reimburae Company for 33~ of the actual net cost Frhich Compar~y has incurred in effecting the arrangemen~ of its facilities including costs~ if any, involved in any temporary arrangement. The actual net cost is presently estimated to be $5,l~~, of which County's share is riot ~o~exceed ~1~ff00. 1~. County sha]]. convey or cause to be conveyed to Gompany all neoessary land or 1and. rights in a form satisfactory to Company to permit Company to install its Yacilities in a new location or reimburae Company for its coata incurred in acquiring such land or land ri~.ts; provided, however, that in satisfaction of this obligation o£ County~ County and Company rnay enter ~n~o a Joint Use Agreement for the portion of said facilitiss shown in blus on ~arh3.bit A~ said Joi.nt Use Agreement to be in the ~£orm attachad and marked ~xhibit B. 5. Actua], cost wi11 be detezsnine$ in accordance with the uniforcr€ systems of account prescribed for utility companies by the Pub].ic fJtilities Co~nission of the State of California or Company's regu].arly establiehed accovnting practices and w1.11 includ~~ but wi.ll not be 1im~.ted to~ the fol7,awing charges: Surveying costs, acquiaition oP land rights~ labor and payroll taaees~ material.s and supplies~ trans- portation~ stores and tool expense~ supervis3on and overheads~ and an allowancse for worlQnen~s compensation and publ3o liab3li~y and px~perty damage znsurance. 6. County will ba altowed credit for: (a) }3etterments def`ir-ed as replacementg with faci.].ities at greater costa bacause of greater capaci~y~ durabi].ity ar e~ficiency than those replaced. (b} Sa7,.vage va3ue of any material~ removed and retained by Compar~y~ the replaeement cost of which is charged to Co~+uity. :- 4 _._ - -- _ -.- _ ------ . - ; _ _ , . ~ . . , . (c) Degreciation based on the eatimated reproduction cost o~ the facilities replaced, and computed by using sinking fw-d depreeiation methods~ and mortality dispersion and averaga service life based on Company~s experience. 7. iTpon compZet~.on of the work~ Company may subm9.t to Covnty its unitemtzed preliminary invoice for the actual charges recorded to date~ less 2(3~ for estimated depre.:iation~ salvage~ and betterments, if any~ and Caunty~ with3n tiiirty (30) days after reeeipt of Cnmpany~s invoice, shall rei.anburae Company there~or. S. ~n'ithin thi.rty (30) days a~ter receipt of Company~s i.tem~tzed a,n-roice far any adc~i.tional amottnt due Compa~y, County ahall re~.mburse Company ~'or the amount bill.ed, provided~ hawever, that County shsll have reasonable access to Company~s accounts and records for the purpose of auditing said invoice. If, a,fter the item3.zed invoice is prepared, it is determined that ~the actual net cost is less than the amount previously pa3.d by Cnunty, Company sha11 re9.mburse County the amount of the diff'erence between the amount pa3.d and the actual net cos~~ ia3.thou~ 3.nterest. 9. The prov3.sions hereof sha].1 inure to the benefit of and be bind3ng upon the respective successors and aasigns of the parties hereto. IN ~r1ITNESS T~?HEREOk'~ ~he parties have executed this Agreement by their duly authoriaed officers thi9 day ar~d year First hersinabove set forth. COUAITY 0~ P~TTTE /1?('f;O~'~E3 AS TO FORM By !v~~~0 ~~r:•a Courfy Counsel Caniel V• f3lacks oek - By~~ .~.1.~~~:~ ~ ~pp-_.,.." ior ~i:cal cor„`re~~ sub;e4} to ai;dgs~i ap~r~~ ~•ia;ic;~. Auditor' Oc{' ~y `___ _-~~=.- -- .............__...~~/~/ ~acz~c G.as arm ~z~c~tzc cor~arr~ ~Y ~ 5 AGER ~ JOINT US~ AGREEMENT THIS AGRBEMENT, entered into this /~ ~- day of uc , 19 ~~, by and between PACIFIC GAS AND ~LECTRIC COMPANY, hereinafter called "Company", andthe COUNTY OF BUTTE , hereinaftex 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: 'I`he right of way and easement granted by deed from A. Rominger and Sophie Rominger to Company dated Ju1y 22, 1936 az-d z'ecorded in the office of the Recorrler o.f said I3utte County in Volume 167 of Official Records at page 3~6, L- ~2118-O5-oo21 The right o~'~ray and easemen.t gz~anted by deed from Ruby 0. Darby and A. ~. Darby to Company dated July 21~, ~936 and recorded ax- the o£fice of said P~cordex in Volume 163 0~ Official ?ecords at page 4ots. LD ~2118-05-OQ22 ' 62-4273 PG i OF 4 _ ' -- "_""_. ___.., ., .; . .~._.... ___....__.- -_..._ ........ . __ .__. ._ ....... .... .... .....~.. _.... , k ' . . ~ ' . ~ ~~ ~ .~ ~ I I ~.. ' ~ . -2- and WHEREAS, Agency has acquired certain lands for road improvement projee~ _ ~~ in the vicinity of $a~~°r , County of ~t~e , hereinafter referred to as "Agency ri~ht of way", which said Agency right of way is sabject to the Company's easement, and WHEREAS, Company's faciJ.ities installed pursuant to Company's easement will inter- fere with ~~;~~cy~s road improvemen~ project , 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 Iies within said Agency right of way is hereby changed to the strip ofland within said Agency right of way, hereinafter referred to as "new location", described as folJows: A strip o~ 7.and of ~he uniform z~ridth of ten fEet designated a~ f~Joint Use Area~', and de7.aneated on Dxat~ri.n~ PSo. Gi~t 4606~6 a~tached hernto ariu made a nart her~o~. 62-A213 PG 2 ~F d _ . ~1_~~ , . -3- 2. Cornpany 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 oid 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 road improvement project 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 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 easezzient or the priority thereof over the tiYle of Agency in said new location. Both Agency and Coznpany shall use said new location in such a manner as not to interfere unreasonably with the rights of the other. Nothing hexein contained sicall be construed as a release or waiver of any claim for compensation or damages which Company or Agency may now have or may hereafter acquire resulting trom the construction of additional faciiities or the alteration of existing facilities by either Agency or Company in such a manner as to cause an unreasonabl.e interference with the use of said new location by the other party. 62-4213 PG 3 OF 4 . _. ___ .. _ - _.._._ .,__ _" _.. . __.. . . . ~ ~~.. :..... ,... ...._._._.... .......~.~..:~7 -_ - ~ ~.. ._ -_. • ~ I . ti2-C208 8~89 (COflPORATIPN) ` ~ STATE OF CALIFORNiA ~ ss. City and San Francisco ~ ~ ......._............_.....County of......__..._...__ ....---........._..__..__...._........_ - 15th 3anuary, . 71 Lucille Mullen - ~` On Ohu...__.._.._ .................day ofr._.___~........__...~........._.........., ~n tke Year I9..._---~ before me, ..._..._..._....__._...._...._.........~......_.._........._........_, C3tq and .. Coar~t y a NoEary Publu i» and for iloe suid ~.._~..W...-...._...._._.......__..._..-_------------- 1, du! com+nissioned a~~d szvoraa, persanally appeared ----~---------°-._...._...._...._ ....................._...._......------------....----------.-•_......_.............._....._.._.......-------------------~---........ _._.......... ..................._....................----- fi. M. Gustafson and J. F. Taylor_-........._....._.....-----.-.---.----~-~---------•---~ __...__...------- .........................._.._.........._....._..._........---------- ................._.._.._....._............... Coordinator o€ Land ManagemenC anc~~~t~e Secretary, keaum to me !o be tl3e ..............._..........--------------•--------------°------~------------....... ..._..._...._.............................._......--°.°-----------.-°-........_.........._.........._....... ~ respective~.y, of tke carpos¢tion ika! execufed Hie within instrumene, a~id to 6e tAe ¢ersor6» who esecuted the said i~.strument on behalf of said corporation therein named, and acknowledged tn me that such corporation execueed klae wiEhin instru~~ent pursuant ia 4es by-laws or a resolutinn af its board a} directors. ... - n....a-.a..~_~~s~,~,.51:.~_~o.-=^.~z...<._:,,_,~ . + i~ ~U~I LL~ I1'1 uL~ ri~ IN WITN~SS WIi.L~REOF', I hav¢ kerer~nto set my hand and a,{fezed my offitial sea! in ~ 1 ` i0"r.iti ,~_; -,! N:iR,J1A Cit and San Francisco_ ........... ... the day and , ihe ...--- ............._...~'._......._...._......._. Count o .. ~ ;, , v f •----------•------..... CIiY ,.:i'.. iY UF ~'b;=~: r, ;e; ~;:,;>p;, g~CU qear in tlstis certi~'icate firs! above wrtitten. _n•- - -, - K.y'~;~'~,,...+„-~f-;::>,,: ~:r'~~-ue'~ _• - i , . ,. , . ~~- -- -~-~:~~~~_...._..... ~~~~.-_- ~ ----~-~~- -......._....._...._........... Lucille Mu11en ' City and Co,~rify of San Eranc~.sco ..............._....., 5tnae of Catttorn;a Notrtry P~~bl~c ~» and for the ..._....__...........°-----...._--------...._ ...................... ---- -- My Cammission Expires .................._.. ..........._......38nu8xy.: 23 L...1971 _ . _ __ _... _ _ __ . ~~ ~~ -4- 5. 'I'his agreement shall inure to the benefit of and be binding upon the successors and assigns of both parties. IN WITIVESS WHEREOR, the parties hereto have caused this agxeement to be executed in d~plicate by their respective officials thereunto duly authorized. PACiFIC GA5 t~1NI1 ELECTRIC COMPANY By. Attest Q1 ~~ TAYLOR SECREfARY COUNTY OF BTTTT~ By ~ Attes ~~~fC ~ c.~"~~~- ~~~~. 62-d273 PG 4 OF 4 _:_ __. ____ __ _ _ _ _ ~~. _ _ :_ __ _ .__.W~~~~ ~ . _ ~. - ~ ~ ~ ~ ~ _. , \ ~ ~ I ~ ~ ~ ± `~ C i ~ ~ . a ~ ~ ~ ~ ''J 0 ~ .~3~ffe Caur~~y ~ L o ~r e%s ,p~ ,- ~ ~~ ~ ~ ir~t ~~se AreQ ` -- -,-_ ~_~ '_ •~_ 1 "` i ~S~ . . . ~~ GS . _ . . ~ . \ \ \~ ~ FC ~ \ . ~f ~~ ~ ~ 4 ~ , ~ z ~ ~ ~~ W~ c~o. onrm APPR VEI7 dcecwvr~ow APPRC. CHG. GATQ oencw~rrwn w•~a~. ev ~L ' ~ " ' ~ ~ " PI ~ uP~RSeocs C ,l)7~ !TT JS~ F CJ/ c. CTO/.rl ~C OSGN. J - ~ ~ SUPEiCS~pE~ BY ~~. ~ c Cou~~~~ ~~.~urr~ SHE~S SN$ET PVO CH. r' /),' / /e ar ~; ~ ~ ar~ . ~ ounwiKauuwoe~ M~Na o.~` ~j ~ ` ~~ , - : ~wc0~ea/CSws a~vD ~~~crtaac e:ar~~a~v ~/~J~~6.5~6 !//: ~~?'~l / -- /4L1 '" 5x~v FRwNC~aco. Cn~.