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Joint Use Agreement 2002-0827312„ PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV.CODE [61031) RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: San Diego County Water Authority Right of Way Department 4677 Overland Avenue San Diego, CA 92123 -1233 a THE RIGINAL OF THIS DOCUMENT WAS RECORDED ON SEF' aF 2002 DOCUMENT NUMBER 2002- 0827H2 GREGORY J. SMITH, COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 9:48 AM 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 (hereinafter "Authority ") and the City of Poway (hereinafter "City ") this 26TH day of �f iaA tPE , 2002, to allow a concrete drainage ditch to encroach the Authoritys 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 in the configuration shown on Exhibit "B" attached hereto; and WHEREAS, Whitewater Drive, LLC, a California limited liability company; is the owner of the fee interest in the property depicted on ExhibiP "B" attached hereto on which the Authority easement lies; and WHEREAS, the. City desires to obtain Authority's consent for the construction, operation and maintenance of a concrete drainage ditch (hereinafter Facility) in, over, under and across Authority's easement and right of way along the route particularly described and shown on Exhibit "A” and Exhibit "B" and as shown -on Sheet 3 of the Improvement Plans for Whitewater Drive, City of Poway Reference No. G- 1345 -01, (hereinafter Designated Route); NOW, THEREFORE, the parties mutually hereby agree as follows: 1. The Authority grants consent for City, its successors in interest and assigns, to construct, operate and maintain said Facility in, over; under and across Authority's easement and right of way by the Designated .Route, under the terms and conditions stated herein. 2. Plans for the installation of the Facility, including protection of Authority facilities, shall be approved by the Authority in advance of construction.. Authority's approval shall not be r:\row\mgmt\jointuse\98\jua98-08O.doc unreasonably withheld. Notice of construction of said Facility shall be provided to Authority two weeks in advance to provide for the scheduling of inspection. 3. By accepting the benefits herein, 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. 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 City. Nothing herein. contained shall constitute a grant of easement by Authority to City. It is understood that any such grant may be obtained only from the fee owner. 6. City shall, at its sole expense, remove and replace, rearrange, or relocate the Facility as may be necessary or convenient for the Authority's use and enjoyment of its easement and right of way. Except.in the event of an emergency,:Authority agrees to give City 30 day's written notice to remove and replace, rearrange or relocate the Facility. Plans for removal and replacement, rearranging, or relocation of the Facility shall be subject to paragraph 2, above. In the event of an emergency affecting the public health, safety or welfare, as determined by the Authority, or in the event of either (a) Citys failure to remove and replace, rearrange; or relocate the Facility within 30 days after the Authority has given written notice or, (b) City's failure to remove and replace; rearrange, or relocate the .Facility according to a schedule approved in writing by the Authority within 30 days after the Authority has given written notice, then the Authority may remove the Facility without obligation to City. This Agreement shall apply to Facility 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 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. 9. 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 City, its employees, agents, contractors, successors and assigns or (ii) the location and existence of the Facility, 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 City 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. City shall also hold harmless the Authority against damage to or destruction of its Facility caused by an act(s) of a third party(s). r:\row\mgmt\jointure \981jua98-080.doc 10. The Facilityshall be maintained in a'safe and sanitary condition at the sole cost, risk, and responsibility of City and its successors in interest without exception, including but not limited to any damages to the Facility 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 AgreemenYorin connection with the use of the Authority's easement and right of way, the prevailing party shall be entitled to recovercourtcosts and attorney's fees as set . by the court. "Prevailing Party means the party in whose favor final judgment is rendered. 12. 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 Right of Way Department 4677 Overland Avenue San Diego, CA 92123 -1233 TO COMPANY: City of Poway P.O. Box 789 Poway, CA 92074 -0789 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: l,f�� ls, — William J. Rose Director of Right of Way CITY OF POWAY: By Jam L. Bowersox ity anager In DanidW.136ritschkVGeneral Cou San Diego County Water Authority r:\row\mgmt\jointuse\98\jua98-080.doc Dated: Dated: r1 k Dated: CALIFORNIA ALL- PURPOSE ACK State of California ss. County of San Diego On Pf ^ � before me, Maria C Silva NotarPublic Date Name od T,tle of O81cer (e.g., "Jane Doe, Notary Public personally appeared William J. Rose Name(s) of 5gnegs) M personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(§) whose' name(K) isffim subscribed to the within instrument and acknowledged to me that. herAKKIWexecuted the same in In is79Ydt7MAk authorized iwnaw b. siwA capacityj�i X), and that by hisMY)V BI9iiR Commission i 1333636 signature(X) on the instrument the person(, or ro Notary Public- 'Callromia £ the entity upon behalf of which the person%) Sin Diagol,County - acted, executed the instrument. My Comm. Exprm Doc 6, 2005 WITNESS my hand an o is 1, al. place Notary Seal Above Signatm glary I OPTIONAL Though the information below isnot required by-law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docume Title or Type of Document: -10 C ri- V kwe Q q - p o D Document Date: pL7a, Number of Pages: O Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: William J. Rose ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ICJ Other: Director of Right of Way Signer Is Representing: San Diego County Water Authority 0 1999 Nalional Notary A41IX18aon • 9350 Be Solo Ave., P.O. Box 2402 • CbalWw h CA 913132402 umw.nalrnalrolary.org Prod. No 5907 Rearde, Call Tall Free b800 876 6627 Ll CALIFORNIA ALL- PURPOSE.ACKNOWLEDGMENT i State of _ �i�XN a., County of � Q,PG On �Se -lr- 1q . DD0a before me, 3`o rrt e- M Atblic, DATE NAME, TITLE OF OFFICER -E.G., `JANE DOE, NOTARY UBLIC" personally appeared _ L• NAMEtS)OF Na. 5907 persorialfy known to me - prove o me on e asl ce to be the person(0) whose name(s)OS are subscribed to the within instrument and ac- commisEo:woRRE03 knowled ed to me that e executed Commission >Q 1223083 g �� Y Z Notary PUbIiC - CalHbmla f the same in jj Jh-e- t i t authorized Sen Diego County c a act and that b I A e+f4h e i r My Comm F3res'hnn30,� P Y(�`), Y signature(8) on the instrument the personlG), or the entity upon behalf of which the person($) acted, executed the instrument. WITNESS my hand and official seal. e l ", 6 da .SIGNATURE OF NOTARY OPTIONAL 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 ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITtEt% ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING:. NAME OF PERSON(S) OR ENTITYtIE6) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1 P93 NATIONAL NOTARY ASSOCIATION • 6236. Remmel Ave P.O. Box 7184 • Canoga Park, CA 91309 -7184 V4. 0 EXHIBIT "A" REGARDING JOINT USE AGREEMENT NO. 1998 -080 APPLICANT City of Poway 13325 Civic Center'Drive' P.O. Box 789 Poway, California, 92074 -0789 FEE OWNER Whitewater Drive LLC, a California limited liability company 11212 Caminito Aclara San Diego, California, 92126 EASEMENT San Diego County Water Authority 4677 Overland Avenue San Diego, California, 92123 -1233 BENEFITTED PROPERTY Assessor's Parcel Number: 323 - 071 -18 Authority's Parcel Number: Parcel 134 (Pipelines 1 and 2, First Aqueduct) AUTHORITY PROPERTY A 120 -fot wide strip of land in a portion of the Northwest Quarter of the Northwest Quarter of Section 17, Township 14 South, Range 1 West, S.B.B.M., in the City of Poway, County of San Diego, State of California, more particularly described in Final Judgment and Decree in Condemnation of the District Court of the Southern District of California in Case No. 675 -SD Civil (as to Parcels 131, 132, 133, and 134 only), recorded June 28, 1951 as Document No. 80757, in Book 4152, Page 284, of Official Records of San Diego County. PURPOSE This agreement is ,granted exclusively for the construction of a concrete drainage ditch within the Authority's First Aqueduct right of way as depicted on Exhibit "B" and as shown on Sheet 3 of the Improvement Plans for White Water Drive, City of Poway Reference No. G- 1345 -01. This agreement does not authorize other construction, grading or planting of trees within the Authority's easement. PROPOSED LOT `moo 9 ss o EXIST. EDGE ff DIRT TR4IL S _.O o = ' O 0 0 v SAN DIEGO COUNTY WATER AUTHORITY S B WATER LINE CROSSING EXHIBIT MIBIT "B" [ X n ._23.02 0 MA TCH EX /STING GRADE \ 0 4, 20' MAX F Q W� "ox Q 0 VAR /ES I�2' TO 0' MA TCH EXISTING 0 CONCRETE DITCH WITH HEAVY BROOM "%7 /PPLE 6" THICK W 16X6 -10/10 GA TEXTURE FINISH W. W. F. MODIFIED TYPE C" PER SDR D -75 CONCRETE DITCH CROSSING DETAIL NOT TO SCALE EXHIBIT "B" SHEET 2 OF 2