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San Diego County Water Authority - Joint Use Agreement (2)0 RECORDING REQUESTED BY AND MAIL TO: San Diego County Water Authority Right.of Way Department 3211 Fifth Avenue San Diego, CA 92103 -5718 SPACEABOVE FOR RECORDER'S USE JOINT USE AGREEMENT BETWEEN THE CITY OF POWAY AND THE SAN DIEGO COUNTY WATER AUTHORITY This Agreement is made between the San 'Diego County Water Authority (herinafter "Authority ") and the City of Poway (hereinafter" City ") this day of 2000, to allow a 12 -inch AWWA C -900 PVC untreated waterline and appurtenances per the Improvement Plans for Untreated and Poiable Water: Old Coach Golf Course, City of Poway Tract 89 -13R plans, to cross the Authority's easement and right of way. WHEREAS, Authority has pipeline and other facilities located in, upon, over, under and across those certain easements and right of way granted to Authority as shown on Exhibit "B" attached hereto; and WHEREAS, Authority has acquired, and desires to acquire additional easements and rights of way and intends to construct, operate and maintain therein water pipelines, appurtenances, and other authorized facilities irr the configuration shown on Exhibit "B" attached hereto; and WHEREAS, Stoneridge Country Club Corporation and David A. and Nancy L. Jerse are the owners of the fee interest in the property depicted on Exhibit "B" attached hereto for the 12 -inch AWWA C -900 PVC untreated waterline project, on which the Authority easement lies; and WHEREAS, the City desires to obtain Authority's consent for the construction, operation and maintenance of a 12 -inch AWWA C PVC untreated waterline and appurtenances (hereinafter Facilities) in, over, under and across Authority's easement and right of way along the route particularly described in Exhibit "A" and generally depicted on Exhibit "B (hereinafter Designated Route); r:\r6w\nigmt\jointuse\98\jua98-012.doc 0 0 Joint Use Agreement No. 98 -012 Between The San Diego County Water Authority And The City Of Poway Page 2 NOW, THEREFORE, the parties mutually hereby agree as follows: 1. The Authority,grants consent for the City, its successors in interest and assigns, to construct, operate and maintain the Facilities in, over, under and across Authority's easementand right of way by the Designated Route, under the terms and conditions stated herein. 2. Plans for the installation of the Facilities, including protection of Authority facilities, shall be approved by the Authority in advance of construction. Authority's approval shall not be unreasonably withheld. Notice of construction of said Facilities shall be provided to Authority two weeks in advance to provide for the scheduling of inspection. 3. By accepting the benefits herein, the City acknowledges that whatever rights and obligations are possessed by the Authority, with respect to Authority's easement and right of way shall remain and continue in full force and effect and shall in no way be affected by the Authority's consent contained herein. 4. The City agrees not,to interrupt the use or operation of Authority's facilities. 5. Authority shall be deemed the "party first in place" and its rights and interests shall be prior,in time and superior in title to those of the City. 6. In the event the Facilities conflicts with the Authority's use of its easement and right of way, as determined by the Authority, the City shall, at its cost, be required to rearrange the conflicting Facilities to the satisfaction of the =Authority upon 30 -days written notice. Upon Authority demand, the City agrees, at its cost, to relocate the Facilities within 30 days after notice by the. Authority, orthe Authority, at its option, may cause such work to be done, and the cost thereof shall, be that of the City. The Authority is also entitled to remove all or a portion of the Facilities of any time to repair, replace, maintain, construct, or install public improvements, and if such action istaken, Authority shall have no obligation to pay for or restore the Facilities, or to reimburse the City for any other expenses resulting from such action by the Authority. 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 Authority to the activities identified under the terms and conditions stated herein. The City is responsible for acquiring any other property rights, licenses, or permits needed to conduct the identified activities. 9. The City shall save, indemnify and hold harmless the Authority against any liability, loss, cost, damage and expense caused by or arising from (i) an act(s) or omission(s) of the City, its employees, agents, contractors, successors and assigns or (ii) ri \row \mgmt \j of n fuse \98 \j u a 98 -012. doc 0 0 Joint Use Agreement No. 98 -012 Between The San Diego County Water Authority And The City Of Poway Page 3 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 or death of any person; provided, however that the 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 Authority, its agents, officers, or employees. The City shall also hold harmless the Authority against damage to or destruction of its Facilities caused by an act(s) of a third party(s). 10. The Facilities shall be maintained in a, safe and sanitary condition at the sole cost, _risk and responsibility of the City and th, eir successors in interest without exception, including but not limited to any damages to the Facilities caused by the Authority's maintenance or construction activities. 11. In the event either party commences legal .action against the other by reason of an alleged breach of this Agreement or 'in connection with the use of the Authority's easement and right of way, the prevailing party shall be entitled to recover court costs and attorney's "fees as set by the court. "Prevailing Party" means the party in whose favor final judgmenYis: rendered. 12. In the event the City desires to utilize the Facilities for the conveyance ,of recycled water, the City shall. provide the,Authority`at least sixty (60) days advance written notice of such use for the Authority. The Authority will require a. physical disconnect of Authority supply from the recycled system prior to connection of recycled supply. This disconnect design shall be provided by the City for Authorityapproval. All costs related to the disconnect .facility will be paid by the City. The Authority will inspect -the disconnect facility prior toactivation of the City's recycled system. 13. 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 AUTHORITY: San Diego.County Water Authority 3211 Fifth Avenue San Diego, CA 92103 -5718 ATTENTION: RIGHT OF WAY DEPARTMENT TO COMPANY: City of Poway 13325 Civic Center Drive P.O. Box 789 Poway, CA 92064 ATTENTION: JAMES L. BOWERSOX r \ row \mgmt\jointuse \98 \jua98- 012.doc • 0 Joint Use Agreement No. 98 -012 Between The San Diego County Water Authority And The City of Poway Page 4 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. By: SAN DIEGO COUNTYWATER AUTHORITY Thomas M. Nutt, Director of Right of Way By: �.— CITY OF AY Penny Riley, Deputy ' y Manager Approved as to Form and Legality, By: SAN DIEGO'COUNTY WATER AUTHORITY James J. Taylor; Deputy General Counsel Dated: Dated: Dated` CITY OF POWAY St"en M. Eckis, City Attorney Dated: r- /- - " r:\row \mgmt\jointuse\98\jua98-012.doc 0 • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT No 15907 State of C a '/f '�Qn i a--. County of I, n iPQ U On AtIAu �+ 1, 0 ?000 before me Stine, D , Publ ?'c DATE NAME. TITLE OF OFFICER - E.G.. VANE DOE. OTARY.PUBLIC' personally appeared 54 personally known to me - OR i. OF SIGNER(S) to be the personos whose named is/© subscribed to the within instrument and ac- knowledged to me that he /Cie executed . the same in 13+Alht; D authorized capacity,, and that by 1ii%4harAj ear signaturej5o' on the 'instrument the person(S),, or the entity upon behalf of which the person(o acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY • s. Though the'data below is not required'.by law, it may prove valuable to.persons relying on the document and.could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER iJ INDIVIDUAL ❑ CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT /lidffL NUMBER OF PAGES A ua I aoo o DATE.OFD000MENT SIGNER'IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) 7h& re, /Vtt 4 -i- z 7Av ke_ SIGNER(S) OTHER THAN NAMED, ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave, P.O. Box 7184 • Canoga Park. CA 91309-7184 nTLE(SI ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: DESCRIPTION OF ATTACHED DOCUMENT /lidffL NUMBER OF PAGES A ua I aoo o DATE.OFD000MENT SIGNER'IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) 7h& re, /Vtt 4 -i- z 7Av ke_ SIGNER(S) OTHER THAN NAMED, ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave, P.O. Box 7184 • Canoga Park. CA 91309-7184 0 0 EXHIBIT "A" REGARDING JOINT USE AGREEMENT NO. 1998 -012 APPLICANT City of Poway 13325 Civic Center Drive P.O. Box 789 Poway, California 92064 OWNERS Stoneridge Country Club Corp. 17166 Stoneridge Country Club Lane Poway, California 92064 APN: 273 - 110 -07 David A. and Nancy L. Jerse 17342 Tam O'Shanter Drive Poway, California 92064 APN: 273 - 144 -01 EASEMENT San Diego County Water Authority 3211 Fifth Avenue San Diego; California 92103 -5718 BENEFITTED PROPERTY Assessor's Parcel Numbers: 273 - 110 -07 and 273 - 144 -01 Authority's Parcel Number: Parcels 151 and 2P -151 (Pipelines 1 and 2, First Aqueduct) AUTHORITY PROPERTY A strip of land 125.00 feet in width within the East half of Section 24, Township 13 South, Range 2 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, more particularly described in Final Judgment and Decree in Condemnation as to Parcels 149, 150, and 151 (District Court of the Southern District of California in Case No. 675 -SD- Civil), recorded November 17, 1949, in Book 3389, Page 426 of Official Records of said County, and as described in Document No. 51666, recorded April 19, 1955, in Book 5611, Page 285 of Official Records of said County. PURPOSE This agreement is granted exclusively for a 12 -inch AWWA C -900 PVC untreated waterline and appurtenances within the Authority's First Aqueduct right of way. This agreement does not authorize other construction, grading or planting of trees within the Authority's easement. PRESSURE SUSTAINING VALVE — \ * EXHIBIT 125' SDCWA EASEMENT \ EXISTING CITY OF �QWAY METER \ LOT 277,VALLE VERDE COUNTRY CLUB ESTATES MAP NO.4683 (DAVID A. AND NANCY L. JERSE PROPERTY) 2'B0 \\ \F \ \\ 12" CITY OF POWAY RECLAIMED WA i ER MAIN \ \ 9 \ \ 20 ' I Y Y REC AIMED WA EASEMENT \ \\ \ \ \ \\ \\ LOT 318. MAP N0. 4683 LOT 30, OLD COACH \ GOLF ESTATES \ \\ \\ MAP NO. 13435 \ O � STONERIDGE GOLF COURSE MAP NO.4683 __ A LOT 319. MAP \\\ \ 9 NO.4683 ■.iqb.m Ii ■U\ ■0 l arAmokla ll kimmmmP1 0991!.m =I N SCALE I' =100' 8 m�