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Special Use License # 1998-080 2002-0827299PLEASE 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 APN # 323 - 071 -18 0 THE ORIGMIN O THIS DOCUMENT WCO RECORDED Oia SEF' 26, 2Cw2 DOCUMENT DUMBER 2002 - 082729' 511GORV 1. SMITH, COUNTY RECORDER SAN DIEGO COVOY F.'ECDFT €R'S OEfiC(_ TINE: 9:46 M, SPACE ABOVE FOR RECORDER'S. USE SPECIAL USE LICENSE NO. 1998 -080 Recreational Trail 45�. This Special Use License is issued by the San Diego County Water Authority ('Authority') as Licensor to City of Poway ( "Licensee ") to permit the non- exclusive use by Licensee of certain Authority property for the purposes and subject to the terms and conditions set forth herein. Authority Property — The Authority property that is the subject of this license (the "Subject Property ") is described in Exhibit A and shown on Exhibit B attached hereto and incorporated herein by this reference. Licensed Use Area -- The portion of the Subject Property that is authorized for use by the Licensee is shown on Exhibit B attached hereto and incorporated herein by this reference (the "Licensed Use Area "). Licensee — The Licensee is the City of Poway, a general law city. Purpose of License — The purpose of this License is to permit the Licensee to use the-Licensed Use Area to construct, operate, maintain, repair, replace, or relocate, and hold open'for public;use a.,recreational trail for pedestrians, equestrians, bicyclists and other non- motorized vehicle users (the "Permitted Uses "). Effective Date — This License is effective as of shall continue in effect until terminated. Terms and Conditions of License — The terms and conditions of this License are as follows: Licensee will use the Subject Property solely for the Permitted Uses on the Licensed Use Area. 1- Special Use License No. 1998 -080 K 0 0 2. Licensee may grade, pave, and install fences, gates, signs and other facilities on the Licensed Use Area pursuant to plans approved in writing by the Authority (the "Facilities'). 3. Licensee, at licensee's sole expense, will maintain the Licensed Use Area and the surrounding portions of the Subject Property designated on Exhibit B as the maintenance area in a condition free and clear of any: dangerous condition, trash, debris, weeds, waste, hazardous material, graffiti. 4. Licensee will not interrupt the use or operation of Authority facilities. 5. Except as provided in this License, Licensee will not otherwise use or occupy the License Use Area. 6. Licensee's use of the Subject Property is permissive and may be revoked by the Authority, at the Authority's sole discretion, at any time upon reasonable notice. Licensee agrees that except in emergency circumstances requiring immediate termination of this license, sixty (60) days notice is reasonable. In emergency circumstances as determined by Licensor, Licensee's use of the Subject Property may be revoked immediately upon notice to Licensee. The Authority may without revocation of this license cause Licensee, at Licensee's sole expense, to remove and replace, rearrange, or relocate the Facilities as may be necessary or convenient for the Authority's use and enjoyment of the Subject Property. Except in the event of an emergency, Authority agrees to give Licensee 60 days written notice to remove and replace, rearrange or relocate the Facilities. Plans for removal and replacement, rearranging, or relocation of the Facilities shall be subject to written approval of the Authority. 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) Licensee's failure to remove and replace, rearrange, or relocate the Facilities within 60 days after the Authority has given written notice or, (b) Licensee's failure to remove and replace, rearrange, or relocate the Facilities according to a schedule approved in writing by the Authority within 60 days after the Authority has given written notice, then the Authority may immediately terminate the License and remove the Facilities without obligation to Licensee. This License shall apply to Facilities removed and replaced, rearranged, or relocated pursuant to this paragraph 7. Licensee shall save, indemnify and hold harmless the Authority and its officers and employees from and against any liability, loss, cost, damage and expense 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 arising from Licensee's use of the Subject Property, except such liability, loss, cost, damage or expense cause by the sole active negligence of the Authority or it officers or employees. Without limitation of any of the indemnity obligations of this paragraph, Licensee shall maintain for the duration of this License vehicle and property insurance in the amount of $2,000,000 per claim and $4,000,000 per occurrence which insurance shall name the Authority as an additional insured and shall be primary to any other 2 Special Use License No. 1998 -080 insurance purchased by the Authority on its own behalf. In,lieu of such insurance, Licensee may provide similar coverage through a contract of coverage provided by a joint powers agency or similar entity that provides risk sharing for government entities. The policy or policies of insurance shall be provided by an insurer licensed to do business in California and approved by the Authority. 8. Licensee acknowledges that the Authority's property rights are and at all time shall be'superior to those of Licensee. This license shall not be construed as a grant .of easement and no use of the Subject Property pursuant to this license shall ever ripen -i-hto any-other interest or estate in land whether by prescription or otherwise. 9. In the event either party commences legal action against the other by reason of an alleged breach of this License or in connection with the use of the Fee property 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 judgment is rendered. 10. Except in an emergency, notices from Authority to the Licensee will be in writing. Written notice under this License shall be deemed given when actually delivered or when deposited in the mail, postage prepaid, addressed as follows: TO LICENSEE: City of Poway Attn: City Manager P.O. Box 789 Poway, CA 92074 -0789 TO AUTHORITY: San Diego County Water Authority Attn: Director of Right of Way 4677 Overland Avenue San Diego, CA 92123 -1233 11. Licensee shall not abandon its use of the Subject Property unless it first restores the Subject Property to the condition it existed before issuance of this Licensee, as.near as may be. 12. Licensee may assign its rights under this License to another public agency provided that such successor agency provides to the Authority a written acceptance of the provisions of this License. 13. Upon termination of this License, Licensee will at its sole expense be responsible for immediately restoring the Subject Property to the condition it existed before the issuance of this License, as near as may be. Special Use License No. 1998 -080 14. Licensee shall be responsible for obtaining any other interests in property from any other entity or person having an interest therein, if any, necessary to permit its use of the Subject Property. 15. By executing this License, Licensee agrees to be bound and subject to all the terms and conditions of this License. AUTHORITY: By: %,r +�i 0!— William J. Rose Director of Right of Way LICENSEE: W•• M �.. Jambs L. Bowersox, City Manager �f Poway Date: 24 OZ Date: oved as orm a Leg + te: f/251;1°2 Daniel ent e, eh r .Counsel San Diego County Water Authority 4 Special Use License No. 1998 -080 0 CALIFORNIA ALL = PURPOSE AC State of California County of San Diego LEDGMENT I ss On, � �• Name before Maria Silva. Notary Public Dale antl Title of Officer (e.g., 'Jane Doe, Notary Public) personally ..appeared-- William_J.._Rosea - _.__ _ Nardi of Slana,W MARIA C: SILVA Commualon! 1333838 @My Notary Public - CalBomis San uwgio County Comm. Expil Dec e. 2005 Place Notary Seal Above M personally known to me. ❑ proved to me on the basis of satisfactory evidence ' to be the person(,M whose name(K) isle M subscribed to the within instrument and acknowledged to me that he/%tiAl/MWexeculed the same in h i sMODUM authorized capacity%) and that by hisii signature(X) on the Instrument_the person(, or the entity upon behalf; of which the person) acted, executed the instrument. W SS my hand i 'al seal. Srgnalure of N ry PUbhc OPTIONAL Though the infonnation below ii required by law, it mayprove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: _ Document Date:: ff MW Number of Pages: 9 Signers) 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 KT Other: Director of Right of Way Signer Is Representing: San Diego County Water Authority 01999 National Notary A....11on•9350 De Solo AV , P.0, Box M2- Cnalewortb. CA 913132402.— nauonalndary.orr Prot. No. 5907 ReorOec Call Tdl Free 1-8W -676 -6827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of On 40mt County of T(1 r Nc, 5907 On -wept" 1Cf. I-XQ beforeme,,'iMCC,>` b•VJnrrr01 1V0tnQ L1h iG , DATE ( NAME. TITLE OF OFFICER - E ,'JANE DOE, NOTARY PUBLIC - personally appeared. �a m�< <- lYJLDerSo,' NAME(S) OF SIGNER(S) personally known to me to be the persons) whose nameV)(fDare SHERRIE D. WORREII Subscribed to the within instrument and ac- _ Commission /1223093 z knowledged -to me ihat&�hey executed ro Notary Public - California � San Diego County the same in `ll.�' /Ifisrttt}e+r �authorize d My Comm. E,irea Jun3o,2D03 capacity(), and that by 6 /hetfiigeir signature,('-) on the instrument the person(6), or the entity upon behalf of which the person(() acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF TARY 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 ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ErMW(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 r • EXHIBIT "A" REGARDING SPECIAL USE AGREEMENT NO. 1998 =080 LICENSOR San Diego: County Water Authority 4677 Overland Avenue San Diego,,Galifornia,.92123 -1233 LICENSEE 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 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 The purpose of this License is to permit the Licensee to use the Licensed Use Area to construct, operate, maintain, repair, replace, or relocate, and hold open for public use a recreational trail for pedestrians, equestrians, bicyclists and other non - motorized vehicle users as shown on Exhibit "B ". This agreement does not authorize other construction, grading or planting of trees within the Authority's easement. VN S 3 1 -WLOE SOCWA EASEMENT LOT ?r .. "PROPOSED RECREAT ION TRAIL 48" SOCWA WATER LINES PRO✓ECT BOUNDARY- PROPOSED CONCRETE CROSSING, / *AOD 14' WIDE D.G. ACCORDING TO SD.C.WA SM- af?rAnOfS. \ RECREATION TRAIL EXHIBIT Exul-BIT "8" -,6 PROJECT BOUNDARY \ V , .A 120'- W1,04E SDCW4 EASEMENT *FROPOSE9 .............. ....................... RECREATION TRAIL X, LOT 8 48" SDCAA WATER LINES PROJECT BOUNDARY--XI PROPOSED CONCRETE CROSSING *ADD 14' WIDE D.G. ACCORDING 70 SOC.WA 5PfCZfAa4WN5- RECREATION TRAIL EXHIBIT B-26-02 II LOT 9 0 EXHIBIT "B"