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San Diego County Water Authority - Joint Use Agreement (4)
PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE §6103) RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: San Diego County Water Authority Engineering Department 4677 Overland Avenue San Diego, CA 92123-1233 DOC# 2023-0172634 illl I II IIIIIIIIII IIII IIIIII IIIIIIIIII III I IIIIIII Jun 30, 2023 03:51 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES:7 APN: 277-171-18 & 277-171-22 SPACE ABOVE THIS LINE FOR COUNTY RECORDER'S USE Water Authority Pipeline & Parcel: POI-148 & RAM-007 JOINT USE AGREEMENT # 2021-094e BETWEEN CITY OF POWAY AND THE SAN DIEGO COUNTY WATER AUTHORITY This Joint Use Agreement is made between the San Diego County Water Authority (Water Authority) and City of Poway (City) this day of J 4 N { , 2023, to allow City to use the Water Authority's right of way for specified public facilities. A. The Water Authority is the owner of exclusive and permanent property interests described in Exhibit "A" and has pipeline and other facilities located in, upon, over, under, and across this property as shown on Exhibit `B" "the Water Authority's Right of Way." B. City is a public agency/utility that owns or will own a property interest in the real property subject to the Water Authority's right of way. WHEREAS, City desires to obtain the Water Authority's consent for the construction, operation, and maintenance of a 12' wide recreational trail with 8' wide sections of decomposed granite and lodge pole fencing, initially constructed by the developer (hereinafter Facilities) in, over, under, and across Water Authority's right of way along the routes shown on Exhibit `B", (the Designated Routes); NOW, THEREFORE, the parties mutually hereby agree as follows: 1. The Water Authority authorizes City, and any successor public agency or public utility, to construct, operate, and maintain Facilities in, over, under, and across the Water Authority's right of way by the Designated Routes, under the terms and conditions stated herein. 2. Plans for the installation of, or subsequent alterations to, the Facilities, including protection of Water Authority facilities, shall be submitted to the Water Authority in advance of construction. No construction shall occur until the Water Authority approves the plans. The Water Authority's approval of the plans may be withheld, as the Water Authority deems reasonably necessary to protect its interests and to minimize impacts on its facilities and operations. The Water Authority agrees to process the plans and approve, conditionally approve, or reject the plans within a reasonable time. Notice of construction of said Facilities shall be provided to the Water Authority two weeks in advance to provide for the scheduling of inspection. File No.0255.21.094e - 21-094e Joint Use Agreement STANDARD FORM (rev.03122018) 3. Nothing in this Joint Use Agreement shall be construed to diminish any of the Water Authority's property rights. This Joint Use Agreement is in the nature of a license and the Water Authority's right of way shall remain and continue in full force and effect and shall in no way be affected by the Water Authority's consent contained herein. The Water Authority may terminate the license upon determination that the license or uses authorized by this Agreement are incompatible with Water Authority's uses of the Designated Route. 4. City agrees not to interrupt the use or operation of Water Authority's facilities. 5. The Water Authority is the "party first in place" and its rights and interests are prior in time and superior in title to those of City. 6. City shall, at its sole expense, remove and replace, rearrange, or relocate the Facilities as may be necessary for the Water Authority's use and enjoyment of its easement and right of way. Except in the event of an emergency, the Water Authority agrees to provide City written notice to remove and replace, rearrange, or relocate the Facilities. Upon receipt of the notice by City the parties shall meet within 30 days, or such time as mutually agreed upon, to develop a plan to incorporate the removal, replacement, rearrangement, or relocation of the Facilities as part of the Water Authority's project; or, alternatively, to develop a separate plan for the removal, replacement, rearrangement, or relocation of the Facilities under a mutually agreeable time -frame. Absent exigent circumstances, the time -frame for the removal, replacement, rearrangement, or relocation shall not be less than 30 days. Plans for removal and replacement, rearranging, or relocation of the Facilities shall be subject to paragraph 2, above, however, no time shall be charged against City for that period of time the plans are pending the Water Authority's review. In the event of an emergency affecting the public health, safety, or welfare, as determined by the Water Authority, or City's failure to remove and replace, rearrange, or relocate the Facilities within the time mutually agreed upon or 30 days, whichever is greater after the Water Authority has given written notice, then the Water Authority may remove the Facilities without obligation to City, at City's expense. This Agreement shall continue to apply to Facilities removed and replaced, rearranged, or relocated pursuant to this paragraph. 7. This Agreement shall run with the land and be binding upon both parties, its representatives, agents, successors, and assigns. 8. The parties understand and agree that this Agreement grants only the consent of the Water Authority to the activities identified under the terms and conditions stated herein. City is responsible for acquiring any other property rights, licenses, or permits needed to conduct the identified activities. City hereby represents and warrants that it will acquire all necessary approvals from the owner of the property on which the Facilities are located for the actions specified in this Joint Use Agreement before such actions occur, as the Water Authority in no way represents or warrants that its Right of Way is sufficient to allow City to act without such approvals. 9. City shall save, indemnify, and hold harmless the Water Authority against any liability, loss, cost, damage, and expense caused by or arising from (i) an act(s) or omission(s) of City, its employees, agents, contractors, successors and assigns or (ii) the location and existence of the Facilities, whether defective or otherwise; including, but not limited to any such loss, cost, damage, liability, and expense arising from damage to or destruction of real and personal property or injury to File No.0255.21.094e - 21-094e Joint Use Agreement STANDARD FORM (rev.03122018) or death of any person; provided, however, that City's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the Water Authority, its agents, officers, or employees. City shall also hold harmless the Water Authority against damage to or destruction of its Facilities caused by an act(s) of a third party(s). If the Water Authority performs removal, replacement, rearrangement, or relocation work on behalf of City pursuant to paragraph 6, City agrees to accept the work and to release and waive any responsibility or claim against the Water Authority on account of rework. 10. The Facilities shall be maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of City and their successors in interest without exception, including but not limited to any damages to the Facilities caused by the Water Authority's maintenance or construction activities. 11. Any notice required, permitted, or contemplated under this Agreement shall be deemed given when actually delivered or when deposited in the mail, certified or registered, postage prepaid, addressed as follows: TO WATER AUTHORITY: TO PUBLIC AGENCY/ UTILITY: San Diego County Water Authority Engineering Department 4677 Overland Avenue San Diego, CA 92123 City of Poway Development Services Department 13325 Civic Center Drive Poway, CA 92064 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by a duly authorized officer on the day and year first above written. SAN DIEGO COUNTY WATER AUTHORITY: By: (�► �•✓ Walt Sohn Kross Right of Way Manager CITY OF POWAY: By: Chris HazOlihe- City Manager File No.0255.21.094e - 21-094e Joint Use Agreement Dated: 60j'7 /. 3 (Notarization Required) Dated: 4F l s 106AS (Notarization Required) STANDARD FORM (rev.03122018) CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 1 CountyofDi f C Ln On �—JLcd1t✓ Z I i�J before me, r'� f��lY.. rlff�✓ Date f Here Ins, - Name and Title of the Officer personally appeared I� h Jolt" kr6$ - Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s}is/af-e subscribed to the within instrument and acknowledged to me that he/sbeAhey executed the same in his/her-/EMeir authorized capacity(ies), and that by his/hefAheir signatures} on the instrument the person*, or the entity upon behalf of which the persons} acted, executed the instrument. *my ILENE S70RY Notary Public - California San Diego CountyCommission d 2396131 �Comm. Expires Mar i, 2026 r �w�r� Place Notary Seal and/or Stamp Above 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. Signature L Sign re cdNotory Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: —jI, 4 -#-202-1 014 C, Document Date: �u i1,r, Z U Z aj Number of Pages: Signer(s) Other Than Named Above: ihri5 &2e117126 I-7AhZell) Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2018 National Notary Association Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other - Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 San Diego ) On June 15, 2023 Date personally appeared before me, Yvonne Mannion, Notary Public Here Insert Name and Title of the Officer Chris Hazeltine Name(s) of Signer(s) 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. >„ YVONNEMANNION WITNESS my hand and official seal. Notary Public •California San Diego County Commission # 2363699 I °+' o•"� Signat My Comm. Expires Jul 1, 2025 ure Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator r-1 Othry- Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 'rii•a 'a"s'-✓st✓''e's�� '✓i ei'•es�✓s� d 'a�s�✓i•� 'was'.-rs�✓i•e� -.w�.�:'✓ -e>s�✓G�✓''�'*'s�✓s'✓ 's's�s�✓''ei w's�✓'.�✓.''a'..• s�✓s�'✓.. _w` '✓sC✓''�' *'s Q [all i I M ffouan • • • • • • i i EXHIBIT "A" TO JOINT USE AGREEMENT # 2021-094e PUBLIC AGENCYIUTILITY City of Poway Development Services Department 13325 Civic Center Drive Poway, CA 92064 BENEFITED PROPERTY Address Description: 16400 Block of Espola Road, a public street in Poway, CA 92064. Construction of Espola Road within the Water Authority's easement is authorized pursuant to Joint Use Agreement No. 1996-044b. WATER AUTHORITY PROPERTY Pipeline(s) and Parcel(s): POI-148 & RAM-007 A permanent, exclusive easement on a strip of land in favor of the San Diego County Water Authority, and more particularly described in a grant of right of way in Document No. 1997- 0646794, Recorded December 19, 1997, Page 1193, as Parcel 148 and in Document No. 88- 624125, Recorded December 6, 1988, as Parcel 007, all of Official Records in the County of San Diego, State of California. PURPOSE This Agreement is granted exclusively for the City's ongoing operation, maintenance, and reconstruction of a 12' wide recreational trail with 8' wide sections of decomposed granite and lodge pole fencing to encroach within the Water Authority's I' Aqueduct and Ramona Pipeline rights of way as shown on Exhibit `B" and per the approved City of Poway IMP 22-011 Public Improvement Plans for Maderas Remainder Parcel Subdivision. The use shall be limited to the improvements shown in this Agreement or other reasonable use associated with those improvements. No approval within this Agreement shall grant the City the right to expand the use without the Water Authority's approval. Reconstruction under this Agreement shall mean the replacement in kind of the improvements already approved. As a condition of approval for this Agreement, the City agrees to the following: 1. Lodge pole fencing shall be setback a minimum of 20' from the edge of any portion of the Water Authority's Ramona Pipeline Cathodic Protection Site 9 (Sta. 392+75). 2. Lodge pole fence posts may be secured in concrete and shall have a minimum of 18-inches of vertical separation from the bottom of the post hole to the top of the Water Authority's Ramona Pipeline. This Agreement does not authorize other construction, grading, or landscaping within the Water Authority's right of way. It shall be the public agency/utility's responsibility to secure all necessary permits required by local agencies. File No.0255.21.094e - 21-094e Joint Use Agreement STANDARD FORM (rev.03122018) EXHIBIT "B" TO JOINT USE AGREEMENT NO. 2021-094e U_ J m Z) 0- i PROPOSED TRAIL ESPOLA ROAD PUBLIC EASEMENT LINE APPROX. STA.389+00 SDCWA ROW PER R.O.S.18154 36" CCP RAMONA LINE ESPOLA ROAD (PUBLIC) SDCWA ROW PER R.O.S.17888 w3: wO _ W J _Z W .J co _ w �W W a Q = PROPERTY LINE J I _U J LT] a_ 0 0 / OLD COACH ROAD EXISTING WATER AUTHORITY Q' /C PUBLIC EASEMENT LINE CATHODIC PROTECTION = SITE 9 STA. 392+75 IW W SEE NOTE BELOW Q a)I o z co o Q PROPOSED TRAIL (TYP.) U SDCWA ROW PER _ � R.O.S.17888 LU Q = PROPERTY LINE I � 36" CCP RAMONA LINE APPROX. ESPOLA ROAD (PUBLIC) STA.396+00 NOTE: PROPOSED LODGE POLE FENCING SHALL BE SETBACK A MINIMUM OF 20' FROM THE EDGE OF ANY PORTION OF THE WATER AUTHORITY'S RAMONA PIPELINE CATHODIC PROTECTION SITE 9 (STA. 392+75). EXHIBIT "B" TO JOINT USE AGREEMENT San Diego County Water Authority And Its 24 Member Agencies N NOT TO SCALE NAME: CITY OF POWAY ADDRESS: 16400 BLOCK OF ESPOLA ROAD POWAY, CA 92064 APN: 277-171-18 & 277-171-22 SDCWA: P01-148 & RAM-007