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Home My WebLink AboutSan Diego Gas & Electric Company; 1976-07-06;JOINT USE AGREEMENT THIS AGREEMENT, made this 6th day of July 3 1976 , by and between SAN DIEGO GAS & ELECTRIC COMPANY, a corporation hereinafter designated as “Company”, and the City of Carlsbad, a municipal corporation, hereinafter designated as "City". WITNESSETH: WHEREAS, City desires to acquire and is now acquiring easements and rights of way for, and intends to construct, operate, and maintain therein, a sewer line and appurtenances thereto, said sewer line and appurtenances being hereinafter designated as "City's facilities"; and WHEREAS, Company is engaged in the business of transmitting and distributing gas and electricity, within the County of San Diego, State of California, including the property herein described and has facilities for such purposes located in, upon, over, under and across that certain easement and right of way granted to Company and recorded April 1.6, 1957 in Book 6539, Page 141 of Official Records of said County of San Diego, which said easement and right of way is hereinafter designated as llCompanyls facilities"; and EXHIBIT “B” . .( : , * . * .., - WHEREAS, City is desirous of obtaining' Company's consent for the construction, operation and maintenance of s said City's facilities in, along, over, across, and under, but not longitudinally within, Company's facilities along the routes particularly described as follows: That certain strip of land 20.00 feet in width within Lot 2 in Section 35, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to United States Government Survey approved May 3, 1883, the center line of said strip being more particularly described as follows: Commencing at the Northeast corner of said Lot 2; thence along the Northerly line of said Lot 2 North 88* 46’ 54" West, 658.53 feet to a point on a line that is parallel with and 50.00 feet Northeasterly of the Southwesterly line of the above described easement to San Diego Gas & Electric Company; thence along said parallel line South 24* 26' 54" East, 448.94 feet to the TRUE POINT'OF BEGINNING; thence South 77* 20' 00" East, 186.44 feet. ALSO: Beginning 'at said TRUE POINT OF BEGINNING; thence North 77* 20' 00" West, 14.56 feet; thence South 87* 20' 00" West, 350.00 feet. EXCEPTING therefrom any portion thereof not lying within said easement to San Diego Gas & Electric Company. NOW, THEREFORE, it is agreed: 1. Company hereby,grants to City, or in any other or altered form it may assume, the right and privilege to construct, operate and maintain City's facilities in, along, across, over and under, but not longitudinally within, Company's facilities, together with the right of ingress to and egress from said City's facilities. 2. In the event that the future use or alteration of said area by City for City!s facilities shall at any time -2- . .t I . , ..c . . or times necessitate a rearrangement, relocation or reconstruction of any of Company's facilities and/or . the acquisition of additional easements or properties pursuant thereto, the same shall be performed by Company, or by any other party with the consent of Company, at the cost of City. 3. In the,event that the future use of said easement or properties by Company shall at any time or times nec- essitate a rearrangement, relocation or reconstruction of said City's facilities, the'same shall be performed at the cost of Company. 4. All uses of said area by either party shall be such as Will not permanently interrupt the use or operation of the facilities therein of the other party; uses of said .areas by either party which temporarily interfere with the-use or operation of the facilities therein of the other party will be made only when reasonably necessary under said easement and will be promptly terminated as soon as the necessity therefore'no longer exists. Company shall be deemed the "party first in place" and its rights and interests shall be prior to those of the City therein; and this agreement, except as expressly herein set forth, shall not in any way alter, modify or terminate any of Company's prior rights in said area. -3- 6. In the event City proposes future, surface and/or sub- surface installations, provided for herein, City will furnish to Company full and complete plans and speci- fications for such proposed installation,,giving the alignment of same and the locations of all underground work. City will give notice in writing to Company not less than twenty (20) days before any surface and/or subsurface work shall be commenced, of its intention to perform said work, and the places where said work is to be done. Notice provided for herein shall be addressed to San Diego Gas & Electric Company, Engineering Land Department, 101 Ash Street, San Diego, California, 92101, until the party resident at such address shall in writing notify the City of any change of such address or person or agency to receive such notice; provided, however, that Company as the party first in place reserves the right to reject said proposed plan whenever it substantially conflicts with the uses of said area made by, and will be unduly burdensome on, Company. For purposes of this paragraph, consideration shall be given to the relative size and character of the installation in place, and to the relative hardship,'inconvenience, expense and length of time of interruption of service necessitated by said proposed alteration, in determining where a "substantial conflict" exists and what shall be deemed "unduly burdensome". -4- - 7. City shall at all times indemnify and save harmless Company against and pay in full any and all loss, damage or expense that Company may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state of repair or presence of City's facil:ties installed hereunder and all necessary and proper fixtures and equipment for use in connection therewith, including any such loss, damage or expense arising out of the (a) loss of or damage to property, and (b) injury to or death of persons, including the defense of any action arising 8. therefrom, excepting any loss, damage or expense and claims for LOSS, damage or expense resulting in any manner from the negligent act or acts of the Company, its contractors, officers, agents or employees. City shall also indemnify and save harmless Company from any and all claims for-any injury or death, brought by or on behalf of any person not cotrered by the preceding paragraph, and any and all claims for damage to, or loss, of property; said indemnification to be made whenever the claim or claims arising from the indemnifying party's negligent acts, omissions, or failures to comply with safety rules, company rules, laws or ordinances of the respective parties; or of either of them, or of any governmental agency, or failure to comply with laws or ordinances or by its -5- neglect to perform any of the covenants coniaine'd in this agreement. Should any such claim or claims referred ._ to in this paragraph arise from the joint or concurrent negligent acts, omissions, or failures to comply with safety rules or company rules, laws or ordinances of the respective parties, or of either of them, or of any governmental agency, of both parties to this agreement, or their agents, employees, or servants; or the negli- gence or wrongdoing of some third party for which neither of the parties is responsible, or is so obscure that it cannot be legally ascertained by whose negligence or wrongdoing such loss, damge, or liability was caused, then in every such instance each party shall bear all loss and damage which shall have been suffered in . respect to its own property, and shall jointly share all liabilities which they shall jointly incur for the said claims. However, should one party be held liable on any claim or claims arising under this paragraph because of its failure to discover and remedy a defect caused by the other party's negligent act or omission, the party originally at fault in allowing the condition to occur shall indemnify and hold harmless the other party. 9. The terms of this agreement shall be binding upon Company, its successors and assigns, and City, or -60 - in any other or altered form it may assume. * 10.. Company shall not be obligated by any provision hereof in any way to acquire any easement right of interest in any real property for the City. . IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officers there- . unto duly authorized the day and year first above written. ATTEST: SAN DIEGO GAS & ELECTRIC COMPANY, City of Carlsbad, a municipal corporation MOPAC NO.~L23&-&& .-VT. - BY rk -7- SAN DIEGO GAS & ELECTRIC C&ANY FORi ' STATE OF CALIFORNIA > . 88. COUNTY OF SAN DIEGO > ON THIS day of > 19 , before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared , known to me to be the President and , known to me to be the Secretary of SAN DIEGO GAS & ELECTRIC COMPANY, the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the corporation,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. Notary Public in and for said County and State MUNICIPAL CORPORATICN FORM ' ' STATE OF 1 . ss. COUNTY OF > ON THIS day of 19- before me, the undersigned, a Notary Public in and for s&d CouAty and State, residing therein, duly commissioned and sworn, personally , known t ¶ municipal corporation n to me to be the pers appeared Mayor, and to be the City Clerk of the , the the within Instrument, know o me to be the known to me that executed ons who executed the within Instrument, on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corpora- tion executed the same. WITNESS my hand and official seal. Notary Public in and for said County and State . I w-m 658.53’ __ N8&” . ’ - ! 1 \ ‘, 6g-\31\ \ \ ’ ‘, i I \ %Q’ ‘\ \. ‘\ \ \ \ i \ \ ? \ \ , CL\% \ es \ 4 *. ‘\ i IJi ‘\ . \ e* \ K- \ 9 ‘\ ’ \ . ‘O @ %’ ~~3;QL~ gb 3 $8 \ /” / 2\$5@ \ ‘% ‘\\ pie.- 4 \ \ L! ’ \ @ 5\ a* \ \ / / / I’ /’ ts l s\ .. . ;\ \’ \ ’ i +$ \ ‘iI \ \ ‘1 ? --3~~~o&y/ 2 .’ , ‘,. ‘i& _ ;-~~-,.~.~,~~~~ /j_ \ +s \ ’ ‘\ \ SECTlOEl 35 LOT 2 7 I2 s -----7----- N l/U COR ----- , SECTION 35 NOTE: SEE ASSOCIATED ENGINEERS DWG NO. iSi-SA, T-i600-3-SHT 5 d( AM-8009 \ -3 \ \ \ 0 \ \ \ \ : R 4 W MOPAC 9l230-01 COORDINATE 338-1683 EXHIBIT NO REVISIONS SAN DIEGO GAS & ELECTRIC COMPANY DATE BY APPD SAN DIEGO. CALIFORNIA I SEWER L/NE CROSSlNG I 1 CARLSBAD I lDRlWN 81 FAT ISCALE 1 “=1()0’ DATE e-27-75 ~RCV I ISURVIVED B” 1RIW OK DRAWING t40 I I 1 [OK TO INSTALL 1 DATE I I I I OS-3705 .-- 9; -. w-- -7. . c- f-o2 . f P -. l . ..’ -. n , . F--. *t-e .- -0v La LOCA-T-ION M-AP * \ . . .- :,2 cy f-- n : ’ 8 ,:! &ALE . -7 :L$’ <I s CL. 6.. II ‘ ii-. r, c;/l-?/ i, JOG 0 G D/4% so&E SAN DIEGO GAS & ELECTRIC COMPANY P. 0. BOX 1831 SAN OIEGO. CALIFORNIA 92112 (714) 232-4252 August 10, 1976 F,LE NO. LN~ 520 RECEIVED AUGlJ 1976 Cite of Carlsbad 12Ov0 Elm Avenue Carlsbad, California 92008 Attention: Tim Flanagan CITY OF CARLSBAD Engineering Department Gentlemen: Enclosed is your copy of the Joint Use Agreement executed by San Diego Gas SC Electric Company. Thank you for your cooperation in this matter. Sincerely, A. H. Heintz Property Inspector AMH:sfb Enclosure AN INVESTOR-OWNED CORPORATION