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Joint Use Agreement 1990-087626Recording Requested b!( San Diego Gas Electric, When Recorded Mail Td: -------------- San,"Di-ego Gas &: El.ec'tric Co . mpany P.O. Box 1831 San Diego, CA.9211.2 Attm: T.H. Duncami, EB 712 original Doeument Recorded Date File/page InSan Dfego County Recorder's,offloo ------------- -------------- SPACE ABOVE FOR RECORDER '''S USE JOINT USE AGREEMENT" The undersigned.declar es consideration `is less than $100.00,and Transfer Tax is none; THIS AGREEMENT, dated Februar.Y,6, f990 by and: between SAN DIEGO GAS & ELECTRIC COMPANY, a corpora"fion (SDG&E), and the CITY OF POWAY, a: municipal corporation (Second Party) Is made with reference t-o,the following A. SDG&E 1's engaged An, the . business; of transmitting and distributing gas an.d:electricity within the County of San Diego, State of Caftfornia and has facilities for such purposes 'located An, uponj over, under and., across that certain easement, t, and right -of: -way granted to. SDG&E' as, described on-' Exhlbit,'A.attached hereto (SDG&E's Easementt) B. Second 'Party desires to acquire and is now acqui easements and rights-of-way and intends to construct,', Operate. and maintain therein ,a.6";-PVC water line. In the configuration shown on Exh Ibit :B, attached hereto (Second Party's Facilities)" and C." Second Party desires to obtain SDG &E ^s consent for the construction "operation and maintenance of Second Party's facil'ities;in, "over, under and across SDG &E's Easement along, the:route.(s;) particularly shown on said Exhibit 'B (Designated Route(-s)) NOW; THEREFORE, for valuable consideration, receipt of, which is hereby acknowledged, the parties hereby agree as' follows 1. Second Party„ its successors in interest and ;assigns„ shall have. '.the rl'ght and privilege to construct:, operate and maintain Second Party's Facili`tles:in-,,over,, under, and across! SDG &V's• Easement by the 'Designated R'oute(s);, together with ,the :right of ingress thereto: and egress therefrom by;praeti'cal, route(s). In the event Second' Party's'route(s') of ingress or egress at any time!, in the sole discretion -of SDG &E, conflict with SDG &E's - use of the SDG &E Easement, Second Party agrees, upon notice. from sbG &E,'to relocate said route,(,$) at no. expense to SDG &E., SDG &E ,shall cooperate with .Second Party to effect such' rearrangement, re-locatdon,or reconstruction. .2. Second ',Party agrees not to in't'errupt' the, use or operation' of SDG&E's facilities. Any temporary interference with the use or operation of SDG&E!''s, - facilit >ies, shall -be made only with, SDG &E "s'prior written Consent. - - ^2_- 3.' SDG &E; 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. Second Party. 4. Should Second Party desire to construct, install and maintain surface.or subsurface insta'1 °lations other than those specs- ficalf provided for 1n Exhibit B, Second Party sha'1.1 obtain prior written approval of plans`.and specification -s for, any such proposed installation from= SDG &E, including :alignment and locations of all proposed work. Second Party will submit such plans in writing to SDG &E not ,less•than; forty-five (45,) days before the date. of anticipated commencement of any work. Notices shall be addressed:to_: San.Diego Gas & Electric P...0. Box 1831 San Diego, CA 92112 Attention: 'Land Services Department SDG &E reserves the right to reject any proposed plan which would, in its sole determination, substantially conflict with its use of the 'SDG &E Easement, its facilities; or be unduly burdensome. In determining whether a "'substantial conflict" exists or whether plans are "unduly burdensome ",'SDG &E shall consider the (1) relative si'ze,and character or',ts then existing -and Possible future installations, ('21 relative hardship, -3- inconvenience,, and expense' -to SDG &E'11 plans are approved, ( =3) relative hardship,, "Inconvenience and expense to Second-Party if plans are rejected, and (4) length of time and extent of any :service interruption to SDG &E's customers. 5. This agreement shall "run with the land and be binding upon both parties, their representatives, agents, successors, and assigns. 6. In 'the 'event of damage caused by an act of God, war, or' other casualty., -or damage caused under circumstances where it -would be-- impractical. or impossible for SDG &E to notify the;Second Party of. the,necesslty for temporary interference with the other partys!s facilities; SDG &E, without notice, may enter :Upon' 'the joint easement area and 'make emergency repairs to restore service. SDG &E shall, however, take reasonable land :prudent measures to protect the installations of the Second Party and minimite such interference and.as soon as practically possible, notify the Second Party of such emergency, repairs. If permanent repairs are required 'after such emergency repairs 'have been made, reasonable notice shall be given to the Second Party. 7. Each party shall save,, indemnify and hold harmless; the other party against any liability, loss, cost, damage and expense caused by or arising from (i) an act(s) "or' omis "sion(•;s)' of such party, its employees, agents, contractors., successors and assigns or (ii) the 'Location " -4- and existence of Its' abbve,-descrIbed facilities, whether defective or otherwise,-;; Tincl:UdIrig, but not limited to, any I 'such loss,, cost, damage,.11-ability and expense arising from damage to or destruction of real and Personal property or Injury to or death of an 11 y person. Liability- to a third- party(ies) 'shall be divided ibetween the parties;heret6 in proportion to the measure of each party'•s liability. Notwithstanding the foregoing—each- party shall holdharmless the other party against damage to or destruction*of Ats facilit-ies caused by -an' act(s), of a third party[ies) 8. Nothing herein contained shall constitute - stitute a grant of easement by SDG&E to Second Party,, it,'bei ng understood that any ;such grant r6ay be obtained, only from the fee, owner. 9. In the event either party commences legal action against the other, by reason of an alleged breach of this agreement or.in connection with J,oint:use of the SDG&E Easement, the preMai'ling party shall be entitled to recover court costs ' and -attorney's fees as set by the, .court; -"Prevailing Party" means the Party in whose 6s'e f.-inal Judgment Is rendered. -5- IN- WITNESS WHEREOF, 'the . parties- hereto have caused this Agreement to be executed by duly authorized officers on the day and year fd rst above written. SDG &'E "SECOND PARTY" SAN'DIEGO.GAS & ELECTR_IC CO.., CITY OF POWAY, A Corporation A Municipal Corporation By BY J me W. Shepard,; S pervisor and anagement Section and ervlces Department Drawn By Date R/W No. Sur'. A.P. No. Duncan 9/28/89 45527 S-33313- 109; "Sht. 6 33'4 = 371 -'3 -1 EXHIBIT !!;A" That'certain strip of land 60--00 feet in width lying. within Parcel I* of Parcel Map No. 148,24 ;• f tled, in the Office of the County Recorder of San Diego County,.Calif.ornia, February 27,, 1987 at Recorder's File/Page. No. 87-290445 of Official Records of !said- County of sanbiego. 'Described.-in that certain'easement and right of way ranted.to -San Diego Gas & Electric,Company recorded April 22, •1=965 at Recorder's 1. File/Page. No.: 72001 of Off Icial Records of -said County of San Diego. CORPORATE ACKNOWLEDGMENT • i:+ State of C I I -Porn I o_ SS. County of SQm • ]120 122 BROVAW 4-M NO. 202 On this the 7 -- day of )e —19 9O, before me, the undersigned Notary Public, personally appeared personally known tome e to be the�ersorIN who executed the within instrument as M. - /�ee-A- or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. s Signature NATIONAL- NOTARY ASSOCIATION • 23012 Ventura'BNd. • P.O. Box 4625 • Woo land Hills, CA 91364 STATE OF CALIFORNIA ss COUNTY OF SAN DIEGO On 14vllh.tAi* /I. 1/ ?D-, before me, the undersigned, a Notary Public in and'forr stfid5`tate, personally appeared James W. Shepard personally known to me (' _ ) to be the person who executed the within instrument as Land'Management Supervisor, Land Services'Department, on behalf ,of San Diego Gas & Electric company, the.corporat'ion therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by -laws or a resolution of its Board of Directors. WITNESS my hand and official seal. OFFICIAL M. M. DIAZ IC- CALIFORNIA L OFFICE IN ^- O COUNTY Signature Evp April 2.1993 CONST No. IM .0 P'A e. • PARCEL IN P,. M. 14324 R ESMT., 'T 14 s R, 2'W 37 stci Il 2 of 2 Si%N !G6 �ELT—R—IC—;Awmey 4 DIEGO: E IA IF E on CMDlai—MMASTUt' DRAWING NO uTE: 9/21 /89, RAY,OK TWIIN PEAKS PLAZA - POWAY — ' PARK NG COT/WATER LINE, ENCROXCHMENT su NE COORD"ls AMO BY, El