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Home My WebLink About; California, State of; 2000-0295037; Joint Use AgreementRecording Requested By: California Department of Transportation R/W Utilities Relocation Branch Chief P. 0. Box 88408 San Diego, California 921884408 GaGaw J. SMTHt COUHTY lE#RDER SW DIES0 ~S~~‘S OFFICE : : STATE OF CALIFORNIA l DEPARTMENT OF TRANSPORTATION SpecaabemthhHneforRecardw’sUw CONSENT TO COMMON USE AGREEMENT 11 SD 78 2.0 --- Dist Co Rte Post Document No. 29585 THIS AGREEMENT, entered into this 1 3+- dayof~cF~rjQd19~byandbetweentheCITYOF CARLSBAD, hereinafter called “Owner”, and the STATE OF CALJFORNlA, acting by and through its Department of Transportation, her&u&x called “State”. WITN-ESSETH WHEREiAS, Owner is in possession of certain rights of way and easements, hereinafter referred to as “Owner’s easement”, and described as follows: An Agreement for a ten-foot wide pipeliue mement between the City of Carl&ad and Kenneth W. Fether, Harold F. Homing, Edwina C. Homing, et al. which was recorded April 2,1964 as File/Page No. 59869 iu the Oflkial Records of San Diego County, ChlifOtiil. Said agreement Easement term was extended until March 11,2014 by Agreement attached to the City of Carl&ad Resolution No. 8995. c RW 13-2 (Rev. 5/96) Page 1 of 4 . . ’ I C.C.U.A. NO. 29585 WHEREAS, State has acquired certain lands for highway purposes in the vicinity of Oceanside, County of San Diego, on State Route 76, herematter referred to as “highway right of way”, and WHEREAS, the highway right of way occupies a portion of Owner’s easement and is subject to said easement which said portion is hereinafter r&erred to as “area of common use”, and is described as follows: As shown on Consent to Common Use Agreement Map No. 29585 attached herein and made a part of this Agreement. NOW, THEREPORE, Owner and State hereby mutually agree as follows: 1. Owner hereby consents to the constmction, reconsuuction, maintenance or use by State of a highway over, along and upon Owner+ easement in the area of common use upon and subject to the terms and conditions herein contained. 2. State acknowledges Owner’s title to owner’s easement in said area of common use and the priority of owner’s title over the title of State therein Owner has and resems the right and easement to use, in common with the public’s use of said highway, said area of common use for allofthepurposesforwhichOwneiseasementwasacquired,withoutneedforanyfurtberpermit or permission from State. Except in emergencies, Owner shall give reasonable notice to State before performing any work on Owner’s facilities in said area of common use where such work will be performed in, on or over the traveled way or improved shoulders of said highway or will obstruct traffic. In all cases, Owner shall make adequate provision for the protection of the traveling public. 3. Owner shall not in the exercise of its rights under it’s easement, pass through or over the freeway fences constructed by State across Owners easement: 4: A) Left of Engineers Stations 159+50 ‘A’ and 160-k ‘A’, and B) Right of the Engineers Stations 158+50 ‘A’ and 159+00 ‘A’. Except in emergencies or when necessary to permit the constmct@ reconstmction or replacement of Owner’s facilities. CONSENT TO COMMON USE AGREEMENT (Cont.) RW 13-2 (Rev. 5/%) Page 2 of 4 C.C.U.A. No. 29585 4. Intheeventthatthefutureuseofsaidhighwayshallatanytimeortimesnecessitatea rearrangemen$ relocation, reconstruction or removal of any of Owner-k facilities then existing in said area of common use the State shall notify Owner in writiug of such necessity and agree to rem Owner on demand for its costs incmred in complying with such notice. Owner w-ill provide State with plans of its proposed rearrangementandanestimateofthecostthereofand, uponapprovalofsuchplansbyState,oWnerwill~~proceedtoeffectsuch rearrangement, relocation, reconstmction or removal. Owner shall make adequate provisions for the protection of the traveling public. No further permit or permission from State for such rearrangementshall berequiredandifsuch rearrangement shall require the relocation of any of Owner+ facilities outsi& of said area of common use, State will (1) enter into the stat&d form of Joint Use Agreement covering the new location of Owner’s easement within the highway right ofway, (2) provide executed docmuent(s) granting to Owner good and sufticient easement outside of the highway right of way if neozsaty to replace Owner-k easement or any part thereof, and (3) reimburse Owner for any costs it may be required to expend to acquire such easement, provided it is mutually agreed in writing that Owner shall acquire such easement. 5. Except as expressly set forth herein, this Agreement shall not in any way alter, modi@ or terminate any provision of Owner’s easement. Roth State and Owner shall use said area of commonuseinsuchamamterasnottointerfere unreasonably with the rights of the other. Nothing herein contained shag be construed as a release or waiver ofany claim for compensation or damages which Owner or State may now have or may hemafter acquire resulting from the consbuction of additional facilities or the alteration of existing facilities by either State or Owner insucha mannerastocauseaIl umeasonable interference with the use of said area of common usebytheotherparty, 6. ThisAgteementshallimvetothebenefitofandbebindinguponthesuccessors andassignsof both parties. CONSENT TO COMMON USE AGREEMENT (Cont.) RW 13-2 (Rev. 5/%) Page3 of 4 C.C.U.A. No. 29585 IN WlTNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by their respedve officials thereunto duly author&d. OWNER- CITY OF CARLSBAD A hbmicipal Corporation of the State of California STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Director of Transportation District Division Chief Right of Way Division Attorney in Fact CONSENT TO COMMON USE AGREEMENT (Cont.) RW 13-2 (Rev. 5/96) n-.-m 1 -82 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT wo.!sso7 before me, rersonally appeared personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the personm whose name&@*. subscribed to the within instrument and ac- knowledged to the same in , capacity(w), signature@) on the instrument the perso@& or the entity upon behalf of which the Hugh the data below is not wx@ed by law, it may proVe Vabbh3 to persons retying on the document and could prevent fraudulent reattachment of thii form. CAPACITY ClAlMED BY SlBNEB DESCRIPTION OF ATTACHED- DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER cb~*#d-- Al cmwd ksx t&d TITLE OR ‘4kPE OF DOCUMENT W(s) 0 PARTNER(S) 0 LIMITED 0 GENERAL I!! AlTORNEY-IN-FACT NUMBER OF PAGES - TRUSTEE(S) &f DATE OF DOCUMENi SIGNER Is REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE 01 BS3 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184 l Canoga Pa& CA 91-7~~ L Y - . ( ; / ’ t X$iP %LoG i i: l-z\, C FJg-e o”ZoF: Zm9-l Zx(cnOI Pg+g$ -I ’ I-C g-C-Z amrn ~0~9 g?gOp O-WV) %a:B ‘;W’ m clJ=+z I-’ & “: a 1 :-I “S 53 < - +I . . P R E L s m I -Lgs I-- =! d :a= ?;I 3 - x Lr bE 6 !- i L ’ II =rn g !gG ) - June 9,200O Debbie Rodriguez Utility Coordinator Department of Transportation PO Box 85406 San Diego CA 92 186-5404 Re: Consent to Common Use Agreement The City of Carlsbad has executed the CONSENT TO COMMON USE AGREEMENT No. 29585 which was adopted by Resolution April 4,200O. Enclosed please find two (2) originals of this agreement and a copy of Resolution No. 2000-109 for your records. Should you have any questions regarding this agreement, please feel free to contact me at the phone number listed above. Debra Doerfler Enclosure 1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 - (760) 434-2808 @