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Home My WebLink About; San Diego Gas & Electric; 2016-0051449; Encroachment AgreementDOC# 2016-0051449 1111111111111111111111111111111111111111111111111111111111111111111111 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CARLSBAD MUNICIPAL WATER DISTRICT Feb 04, 2016 03:33 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 PAGES: 17 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: -:2::-:1::-:4~-6:.:::3~1-::::::2=0 =-=-=-=-=,--:-::-=---- PROJECT ID: DPSS 358772-010,020 PROJECTNAME: ~T~A~B=A~T~A~5~------- RELATED PROJECT ID: ---:P:=R~/..!:!6~-~0/L__ _____ _ RELATED PROJECT ID: RW ~~----------------- RIGHT OF WAY ENCROACHMENT AGREEMENT This RIGHT OF WAY ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CARLSBAD MUNICIPAL WATER DISTRICT ("CMWD") and SAN DIEGO GAS & ELECTRIC CO. ("SDG&E"), in accordance with CMWD Ordinance No. 39. 1. CMWD Easement. CMWD currently owns an existing exclusive easement for a water line which easement is described in Exhibit "A" attached hereto and incorporated by reference ("Water Easement"). 2. SDG&E Easement. SDG&E has acquired an easement ("Utility Easement") recorded on November 13, 2014 at Document No. 2014-0494467 of Official Records of said County of San Diego, as amended by that First Amendment to Grant of Easement recorded on January 4, 2016 at Document No. 2016-0001137 and intends to construct, operate and maintain therein gas and electric facilities and appurtenances (SDG&E's Facilities). 3. The Encroachment. CMWD hereby covenants and agrees and grants its permission to SDG&E to allow construction of underground facilities and appurtenances for the transmission and distribution of electricity in a portion of the Water Easement. A plat showing the location of the Utility Easement is attached as Exhibit "B" attached hereto and incorporated by reference. This Agreement is subject to the following terms and conditions: (A) SDG&E's Facilities shall be installed and maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of SDG&E and its successors in interest. (B) SDG&E shall agree at all times to indemnify and hold the CMWD and each officer and employee thereof free and harmless from any and all claims, demands, losses, damages, or expenses resulting from the construction, maintenance, use, repair or removal of the structure installed hereunder, including any loss, damage, or expense arising out of (1) loss or damages to property and (2) injury to or death of persons; provided however, that SDG&E shall not indemnify or hold harmless CMWD for CMWD's negligence or willful misconduct. (C) If the use or alteration of CMWD 's Facilities shall at any time necessitate a rearrangement, relocation or reconstruction of any of SDGE's Facilities and/or the acquisition of additional easements by SDG&E, CMWD shall promptly give notice to SDG&E requesting such rearrangement, relocation or reconstruction. SDG&E agrees to cooperate with such request and all costs and expenses incurred by SDG&E in connection therewith with be SDG&E's responsibility. SDG&E must remove or relocate any part of SDG&E's Facilities within thirty (30) days or such other time as specified in the notice after receipt of it from the CMWD District Engineer, or the CMWD District Engineer may cause such work to be done and SDG&E shall reimburse CMWD for reasonable costs for such work. (D) Whatever rights and obligations were acquired by CMWD with respect to the easement shall remain and continue in full force and effect and shall in no way be affected by CMWD's grant of permission to construct and maintain SDG&E's Facilities. (E) SDG&E agrees not to permanently interrupt the use or operation of CMWD's facilities and any temporary interference with the use or operation of CMWD's facilities shall be made only with the CMWD District Engineer's prior written consent, except for emergency repairs pursuant to Paragraph F below. (F) 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 to notify the other party of the necessity for temporary interference with the other party's facilities, either party whose facilities are affected may, without notice to the other party, enter upon the joint easement area and make emergency repairs to restore service. The restoring party shall, however, take reasonable and prudent action to protect the installations of the other party and minimize the interference with the other party's facilities. The restoring party shall promptly notify the other party of the emergency repairs. If permanent repairs are required after the emergency repairs have been made, 2 notice shall be given to the other party pursuant to Paragraph C above. 3. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all other agreements, oral or written, between the parties with respect to the subject matter. 4. Notices. Any notice which is required or may be given pursuant to this Agreement shall be sent in writing by United States mail, first class, postage pre-paid, registered or certified with return receipt requested, or by other comparable commercial means and addressed as follows: If to the CMWD: CMWD District Engineer Kirsten L. Plonka 5950 El Camino Real Carlsbad CA 92008 If to SDG&E: Right of Way Agent, Land Services San Diego Gas & Electric Company P. 0. Box 129831, SD1170 5057 Greencraig Way San Diego, CA 92123 which addresses may be changed from time to time by providing notice to the other party in the manner described above. 5. Waiver. A consent to or approval of any act or omission by one of the parties shall not constitute a waiver of any other default by the waiving party and shall not be deemed a waiver or render unnecessary that party's consent for approval to any subsequent act . Any waiver of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Agreement: 6. Successors and Assigns. This Agreement shall be binding and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns. 7. Capacity. Each party represents that the person(s) executing this Agreement on behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. [Signatures on Following Page] 3 Exhibit A CMWD Water Easement 5 Exhibit B Location of Utility Easement 6