Joint Use Agreement #2013-176c 2014-0492133RECORDING REQUESTED BY AND
WHEN RECORDED, PLEASE MAIL TO:
San Diego County Water Authority r roj
Engineering Department
4677 Overland Avenue
San Diego, CA 92123 -1233
Water Authority Pipeline & Preal: POI - 139 & P02 -139
APN: 321 -230$2 & 321- 230-83
D 0 C # 2014-0492133
111111111 III 1111 Hill 111111111111111 IN IIIII IIIII 11111111111111 II
NOV 12, 2014 4:15 PM
OFFICIAL RECORDS
ReESAN DIEGO COUNTY RECORDERS OFFICE
meat J. Dronenburg. Jr.- COUNTY RECORDER
FEES: 000
PAGES: 7
! IIINI INiI IIII IINI INN uNl INN IIIN IIIII IINI VIII IIIII IIIII IIIII IINI IIII IIII
SPACE ABOVE'rFLLS (� FV0. CVUNrY aEC00.DER'S t!SE
JOINT USE AGREEMENT # 2013 -176c
BETWEEN CITY OF POWAY
AND THE SAN DIEGO COUNTY WATER AUTHORITY
This Joint Use Agreement is made between the San Lego County Water Authority (Water
Authority) and City of Poway (City) this � day of San 6c✓ 20f_� to allow the
City to use the Water Authority's right of way for specified public facilities,
A. Water Authority is the owner of exclusive and permanent property interests described in
Exhibit "A" and has pipeline and other facilities located in, upon, over, under, and across this
property as shown on Exhibit "B" "the Water Authority's Right of Way."
B. City is a public agency /utility that owns or will own a property interest in the real
property subject to the Water Authority's right of way.
WHEREAS, City desires to obtain the Water Authority s consent for the construction,
operation, and maintenance of City (hereinafter Facilities) in, over, under, and across Water
Authority's right of way along the routes shown on Exhibit "B ", (the Designated Routes);
NOW, THEREFORE, the parties mutually hereby agree as follows:
1. The Water Authority authorizes City, and any successor public agency or public
utility, to construct, operate, and maintain Facilities in, over, under, and across the Water
Authority's right of way by the Designated Routes, under the terms and conditions stated herein.
2. Plans for the installation of, or subsequent alterations to, the Facilities, including
protection of Water Authority facilities, shall be submitted to the Water Authority in advance of
construction. No construction shall occur until the Water Authority approves the plans. The
Water Authority's approval of the plans may be withheld, as the Water Authority deems
reasonably necessary to protect its interests and to minimize impacts on its facilities and
operations. The Water Authority agrees to process the plans and approve, conditionally approve,
or reject the plans within a reasonable time. Notice of construction of said Facilities shall be
provided to the Water Authority two weeks in advance to provide for the scheduling of
inspection.
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3. Nothing in this Joint Use Agreement shall be construed to diminish any of the Water
Authority's property rights. This Joint Use Agreement is in the nature of a license and the Water
Authority's right of way shall re ntinue m full force and effect and shall in no way be
affected by the Water Authority'AMc�ulihe Water Authority may terminate the
license upon determination that the license or uses onzed by this Agreement are incompatible
with Water Authority's uses of the Designated Route.
4. City agrees not to interrupt the use or operation of Water Authority's facilities.
5. The Water Authority is the "party fast in place" and its rights and interests are
prior in time and superior in title to those of City.
6. City shall, at its sole expense, remove and replace, rearrange, or relocate the
Facilities as may be necessary for the Water Authority's use and enjoyment of its easement and
right of way. Except in the event of an emergency, the Water Authority agrees to provide City
written notice to remove and replace, rearrange, or relocate the Facilities. Upon receipt of the
notice by City the parties shall meet within 30 days, or such time as mutually agreed upon, to
develop a plan to incorporate the removal, replacement, rearrangement, or relocation of the
Facilities as part of the Water Authority's project; or, alternatively, to develop a separate plan for
the removal, replacement, rearrangement, or relocation of the Facilities under a mutually
agreeable time -frame. Absent exigent circumstances, the time -frame for the removal,
replacement, rearrangement, or relocation shall not be less than 30 days. Plans for removal and
replacement, rearranging, or relocation of the Facilities shall be subject to paragraph 2, above,
however, no time shall be charged against City for that period of time the plans are pending the
Water Authority's review. In the event of an emergency affecting the public health, safety or
welfare, as determined by the Water Authority, or City's failure to remove and replace, rearrange,
or relocate the Facilities within the time mutually agreed upon or 30 days, whichever is greater
after the Water Authority has given written notice, then the Water Authority may remove the
Facilities without obligation to City, at City's expense. This Agreement shall continue to apply
to Facilities removed and replaced, rearranged, or relocated pursuant to this paragraph.
7. This Agreement shall run with the land and be binding upon both parties, its
representatives, agents, successors, and assigns.
8. The parties understand and agree that this Agreement grants only the consent of the
Water Authority to the activities identified under the terms and conditions stated herein. City is
responsible for acquiring any other property rights, licenses, or permits needed to conduct the
identified activities.
9. City shall save, indemnify, and hold harmless the Water Authority against any
liability, loss, cost, damage, and expense caused by or arising from (i) an act(s) or omission(s) of
City, its employees, agents, contractors, successors, and assigns or (ii) the location and existence of
the 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; provided, however, that City s duty to indemnify and hold
harmless shall not include any claims or liability to the extent arising out of the active negligence or
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willful misconduct of the Water Authority, its agents, officers, or employees. City shall also hold
harmless the Water Authority against damage to or destruction of its Facilities caused by an act(s) of
a third party(s). If the Water Authority performs removal, replacement, rearrangement, or
relocation work on behalf of City pursuant to paragraph 6, City agrees to accept the work and to
release and waive any responsibility or claim against the Water Authority on account of rework.
10. The Facilities shall be maintained in a safe and sanitary condition at the sole cost,
risk, and responsibility of City and their successors in interest without exception, including but not
limited to any damages to the Facilities caused by the Water Authority's maintenance or
construction activities.
11. Any notice required, permitted, or contemplated under this Agreement shall be
deemed given when actually delivered or when deposited in the mail, certified or registered, postage
prepaid, addressed as follows:
W$ 11.J:W777[I11:[�JC1YII1
TO PUBLIC AGENCY / UTILITY:
San Diego County Water Authority
Engineering Department
4677 Overland Avenue
San Diego, CA 92123
City of Poway
Development Services Department
13325 Civic Center Drive
Poway, CA 92064
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.
SAN DIEGO COUNTY WATER AUTHORITY:
By: )eel J�� O 11AZZ
William J. Rose
Director of Engineering
CITY OF POWAY:
e lCity
Name: Singer
-! astofo
r
1
Diego County
Da ted: (Notari;rAm Required)
Dated: 11 V/%-/ (Notartmlion Required)
Dated: II G l
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On November 4, 2014 before me, Carol S. Legg, Notary Public, personally appeared
Daniel Singer, who proved to me on the basis of satisfactory evidence to be the person whose
name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
CAROL S. LEGG
Comrnission i 7934186
Notary Public - Calllornla z
San Diego County s &rd
Comm. Expires Apr 26,2015 Carol S. Legg, Notdfy4ublic
OPTIONAL
Title or type of document: Joint Use Agreement (12013 -176c
Document Date: Undated
Number of Pages: Three, plus exhibit
Signers Other Than Named Above: To be signed by William J. Rose for SDCWA and approved as
to form by Daniel Hentschke, general counsel for SDCWA
APN 321 - 230 -82 and 321 - 230 -83
Water Authority Pipeline & Parcel P01 -139 and P02 -139
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE
State of California
County of g4j\ Di ea o
On IVoycfnbell2 2ol`J beforeme, Em; Rose• Irory P-+b):c
Date Name and Title of
personally appeared Wi) (i aryl �r- RZo S C
EMILY J. ROSE
_ Canmlaeion !2082507
No" Public - CaINmNa
San Diego county
comm. = S 23, 2018+
Place Notary Seal Above
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(4 whose names) is/pima
subscribed to the within instrument and acknowledged
to me that he /she APeey executed the same in
his/he 11,19dr authorized capacity(iesr and that by
hisLperf U& signature(4 on the instrument the
person(s), or the entity upon behalf of which the
person(O acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature:
S' re of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
,fraudulent reattachment of this form to an unintended document.
Description of Attache&D
Title or Type of Document:
Number of Pages:
Document Date:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate officer — Title(s):
-] Partner — ❑ Limited L! General
7 Individual _.i Attorney in Fact
= Trustee C Guardian or Conservator
Other.
Signer Is Representing:
ner's Name:
_ i C orate Officer — Title(s):
U Parts D Limited General
❑ Individual ❑Attomey in Fact
Ll Trustee Guardian or Conservator
❑ Other.
Signer Is Representing:
EXHIBIT "A"
TO JOINT USE AGREEMENT # 2013 -176c
PUBLIC AGENCY/UTILITY
City of Poway
Development Services Department
13325 Civic Center Drive
Poway, CA 92064
Address Description: APN's: 321 - 230 -82 & 321- 230 -83. Pebble Canyon Drive, Poway, CA
92064
WATER AUTHORITY PROPERTY
Pipeline(s) and Pareel(s): P01 -139 & P02 -139
An 110 -foot wide strip of land in a portion of the Southeast Quarter of the Southeast Quarter of
Section 6, Township 14 South, Range 1 West, San Bernardino Base and Meridian, in the County of
San Diego, State of California, according to U.S. Government Survey approved January 13, 1883,
more particularly described in Final Judgment and Decree in Condemnation as to Parcel 139 only
(District Court of the Southern District of California in Case No. 675 -SD- Civil), Recorded
November 17,1949, as Document No. 106661, Book 3389, Page 316, Official Record of said
County; and a reserved Right of Way as described in the original Patent issued by the Government
for the above described land.
PURPOSE
This agreement is granted exclusively for the construction, operation, and maintenance of an eight -
inch PVC potable waterline and appurtenant structures necessary or convenient for the operation of
the waterline in, over, under, and across the Water Authority s Right of Way along the routes as
shown on Exhibit B and per the Improvement Plans for City of Poway Project No. WI 13 -005.
This permit does not authorize other construction, grading or landscaping within the Water
Authority's right of way. It shall he the public agency /utility's responsibility to secure all
necessary permits required by local agencies.
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