Utility License Agreement to the City of Poway 1997-0498647RECORDING REQUESTED BY AND
MAIL TO:
San Diego County Water Authority
Right of Way Department
3211 Fifth Avenue
San Diego, CA 92103
88C # 1991- 04Q864
OCT 07, 1997 9:42 ;Ari
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SPACE ABOVE FOR RECORDER'S USE
UTILITY LICENSE AGREEMENT
TO THE CITY OF POWAY
This License is issued to the City of Poway (hereinafter Licensee) this 16th day
of September , 19 97 , in order to cross the San Diego County Water Authority's
(hereinafter Authority) 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
Attachment "A" and depicted on Exhibit "A" 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 "A ",
attached hereto; and
WHEREAS, Licensee desires to obtain Authority's consent for the construction,
operation and maintenance of a standard street light facility in, over, under and across
Authority's easement and right of way along the route particularly shown on said Exhibit "A"
(hereinafter Designated Route);
NOW, THEREFORE, the parties mutually hereby agree as follows:
1. Licensee, its successors in interest and assigns, shall have the right and
privilege to construct, operate and maintain a standard street light facility in, over, under
and across Authority's easement and right of Way by the Designated Route, together with
the right of ingress thereto and, egress therefrom by practical route(s).
i.\roWvngmNicense\9Nic97- 25.doc 0&97
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2. Plans for the installation of the standard street light facility, including cathodic
protection, shall be approved by the Authority in advance of construction. Authority's
approval shall not be unreasonably withheld. Notice of construction of the standard street
light facility shall' be provided to Authority two weeks in advance to provide for the
scheduling of inspection.
3. Licensee agrees not to interrupt the use or operation of Authority's facilities.
4. 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 Licensee.
5. In the event the standard street light facility conflicts with the Authority's use
of its easement and right of way, Licensee shall be required to rearrange its facility to the
satisfaction of the Authority upon 30 -days written notice.
6. This License shall run with the land and be binding upon both parties, its
representatives; agents, successors, and assigns.
7. Licensee shall save, indemnity 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 such party, its employees, agents, contractors, successors and assigns or (ii)
the location and existence of its above- described facilities, 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.
Notwithstanding the foregoing, Licensee shall hold harmless the Authority against damage
to or destruction of Licensee's facilities caused by an act(s) of a third party(s).
8. Nothing herein contained shall constitute a grant of easement by Authority to
Licensee. It being understood that any such grant may 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 License or in connection with the use of the Authority's
easement 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. Any notice required, permitted, or contemplated under this License shall be
deemed given when actually delivered when deposited in the mail, certified or registered,
postage prepaid, addressed as follows:
1 4o WvngmWicenseU7\lic97- 25.doc 08,97
TO AUTHORITY: San Diego County Water Authority
3211 Fifth Avenue
San Diego CA 92103
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ATTENTION: RIGHT OF WAY DEPARTMENT
TO COMPANY: City of Poway
13325 Civic Center Drive
PO Box 789
Poway CA 92064
ATTENTION: PUBLIC SERVICES DEPARTMENT
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.
By:
SAN DIEGO COUNTY WATER AUTHORITY
Thomas M. Nutt, Director of Right of Way
By: Y� -CL*QQ— r
Cl OF POWAY
ames R. Williams, Director of Public Services
Approved as to Form and Legality
By:
A�rVincent F. Biondo, Jr.
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(Date)
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(Date
General Counsel
CALIFORNIA ALL•PURPORACKNOWLEDGMENT •
State of
County of �a �iC2/Ld
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On before me
Data Name
personally appeared 0,f�2r" X.
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Jane Doeoltnary PubIlcl
personally known to me — OR —❑ proved to me on the basis of satisfactory evidence to be the person
whose name is re subscribed to the within instrument
and acknowledged to me thaoshe /they executed the
same i is er /their authorize capacityN —c and that by
s er /their signalure�on the instrument the personNI,
or the entity upon behalf of which the person acted,
executed the instrument.
VIVIAN MAC LS tr
Individual
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WITNESS my hand and official seal.
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Title(s):
= SAN DIEGO COUNN
Partner — ❑ Limited
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❑
Signature M No ry Public
OPTIONAL
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fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
E
I
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT. THUMBPRINT
� OF,.SIGNER4: ' '
Top of thumb here
Signer's Name:
❑
Individual
❑
Corporate Officer
Title(s):
❑
Partner — ❑ Limited
❑
Attorney -in -Fact
❑
Trustee
❑ General
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT. THUMBPRINT
OF SIGNER',-.
0 1994 National Notary Association • 8236 Remmet Ave- PO. Box 1189 • Canoga Park, CA 91309 -1181 Prod. No 5907 Reenter: Call Toll -Free 1- 8]6{ 7
'CALIFORNIA ALL- PURPOSI &CKNOWLEDOMIENT AM No W?
State of CALIFORNIA
County of SAN DIEGO
On 9- Ali before me, _
DATE
personally appeared
I
16
HARI"E M. REED
NAME. TITLE OF DEALER E G. - JANE DOE, NOTARY PUBLIC
N E(S) OF SIGNER(S)
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the peeson(o whose namer€z) is/=
subscribed to the within instrument and ac-
knowledged to me that he executed
the same in his authorized
capacity(W, and that by his
signature* on the instrument the person(;
or the entity upon behalf of which the
personft acted, executed the instrument.
MARtENE M. REED
conf►A.s 1oluao WITNESS my hand and official seal.
Z : -a No — Caktomla
SAN DIEGO COUNTY Ir
QMy Comm. Expires JAN Y3. 1998
SCACrILK OF NOTARY
Though the data below is not required by law, it may prove vsluable to persons retying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMEO'BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
1TrLE(s)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY•IN -FACT
❑ TRUSTEE(S)
f,UARDIAN/CONS RVATO ,
SIGNER IS "REPRESENTING:
NAME OF PERSON (S) OR ENTRY(TES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8238 P*Mrnet Ave- P.O. Box 7154 - Carwgn Parr CA 913M7181
DESCRIPTIONN OF
TITLE O E OF DOCU
N# BER.OF PAGES
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DATE OF DdCUMENT
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ATTACHMENT "A" 17
REGARDING UTILITY LICENSE NO. 97-025
EASEMENT
San Diego County Water Authority
321.1 Fifth Avenue
San Diego, CA 92103 -5718
LICENSEE
City of Poway
13325 Civic Center Drive
Poway, CA 92064 -0120
BENEFITTED PROPERTY
Espola Road, City of Poway, County of San Diego, California
Authority's Parcel Number: Parcel 138 (First Aqueduct)
AUTHORITY PROPERTY
A 140 -foot wide strip.of land in a portion of the East half of the Northeast quarter of
Section 7, Township 14 South, Range 1 West, San Bernardino Base and Meridian, in the
City of Poway, County of San Diego, State of California, more particularly described in Final
Judgment and Decree in Condemnation as Document No. 106662, recorded November 17,
1949, Book 3389, Page 324 of`Offibial Records of San Diego County.
PURPOSE
This permit is granted exclusively for installation of a standard street light facility for
traffic safety purposes. This permit does not authorize other construction, grading or
planting of trees within the Authority's easement.
REMOVAL AGREEMENT
The permittee "agrees to relocate the proposed encroachment within 30 days after
notice by the Authority or the Authority may cause such work to be done, and the costs
thereof shall be a lien upon said land.
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To Poway Road
CITY OF POWAY
ITEM: SITE DIAGRAM
TITLE: Espola Road
EXHIBIT A