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