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"