Un-Recorded Access EasementRECORDING REQUESTED BY
WHEN RECORDED RETURN TO:
ExteNet Systems (California) LLC
1901 S. Meyers Rd, Suite 190
Oakbrook Terrace, IL 60181
Attn: Terry Ray
Space above this line for Recorder's use
APN: 265-180-07 / 265-180-08 No documentary tax due R & T 11922 (amended)
ACCESS EASEMENT
(Nonexclusive Access)
THIS ACCESS EASEMENT ("Easement") is made by and between SANTA FE
IRRIGATION DISTRICT and SAN DIEGUITO WATER DISTRICT ("Grantors"), and
EXTENET SYSTEMS (California), LLC. ("Grantee") with reference to the following facts:
A. Grantors own that certain real property in the County of San Diego (the
"Property") more particularly described as:
The property described in Exhibit "A" is situated in San Diego
County, recorded in Document Nos. 122854 and 137833.
B. Grantee requests access to utility poles of San Diego Gas & Electric and AT&T
located on Grantors' Property, for purposes of installation, operation and maintenance of fiber
optic cable for telephone service.
C. A License Agreement dated June 12, 2006 between Grantee and San Diego Gas &
Electric Company, and a License Agreement dated December 27, 2005 between Grantee and
AT&T allows Grantee to attach wireless antennas and their associated elements to San Diego
Gas & Electric Company's and AT&T's poles.
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged,
Grantors hereby convey to Grantee a nonexclusive easement, for ingress and egress, for
installation, operation, and maintenance of fiber optic cable for telephone service, over that
portion of the Property described on Attachment "A" attached hereto.
BY THE DELIVERY AND ACCEPTANCE OF THIS EASEMENT, Grantors. and
Grantee agree as follows: (1) this nonexclusive access easement shall be used for ingress and
egress, for installation, operation, and maintenance of fiber optic cable for telephone service
only; and (2) Grantors may grant additional access easements over the same portion of the
Property as described on Attachment "A"; (3) Grantee, for and on behalf of itself, and on behalf
of each successive owner of any portion of Grantors' Property, agrees that this nonexclusive
1
access easement is binding on successive Grantees; and (4) To the fullest extent permitted by
law, Grantee shall indemnify, defend and hold harmless Grantors and their directors, officers,
and employees from and against all liabilities (including without limitation all claims, losses,
damages, penalties, fines, and judgments, associated investigation and administrative expenses,
and defense costs, including but not limited to reasonable attorney's fees, court costs and costs of
alternative dispute resolution) regardless of nature or type arising out of or resulting from any
error or negligent or wrongful act or omission of the Grantee's or Grantee's officers, employees
or agents. To the extent that liability is caused by the active negligence or willful misconduct of
an indemnified party, the Grantee's indemnification obligation shall be reduced in proportion to
the indemnified party's share of liability for its active negligence or willful misconduct, if any.
2008.
IN WITNESS WHEREOF, this Easement has been executed this 20th day of March,
"GRANTORS"
SANTA FE IRRIGATION DISTRICT
By: ~ (t,.. Date: 1 U
Name: Michael J. Bardin
Title: General Manager
SAN DIE TO WATER DISTRICT
By: Date:
ame: Lawrence A. Watt
Title: General Manager
"GRANTEE"
EXTENET SYSTEMS (California) LLC
By:
Name:
Title:
Date:
2
DARK FIBER USE AGREEMENT
BETWEEN THE
SANTA FE IRRIGATION DISTRICT AND
SAN DIEGUITO WATER DISTRICT AND
AND EXTENET SYSTEMS (CALIFORNIA) LLC
This Dark Fiber Use Agreement ("Agreement") is entered into this /3 k day of August, 2008
by and between ExteNet Systems (California) LLC, ("Licensor"), and the Santa Fe Irrigation District
and the San Dieguito Water District (collectively, "Joint Licensee"). Licensor and Joint Licensee are
sometimes referred to herein respectively as a "Party--",or collectively as the "Parties."°
WHEREAS Licensor, a California limited liability company, is the owner of certain fiber optic
cables heretofore or hereafter installed in and around Rancho Santa Fe, California as depicted on
Exhibit 1 attached hereto and incorporated herein by reference;
WHEREAS Joint Licensee owns certain real property dedicated to public purposes and located
in Rancho Santa Fe, California, as depicted in Exhibit 2;
WHEREAS Licensor desires to install a portion of its fiber optic cable network for the provision
of telephone service over and across Joint Licensee's real property;
WHEREAS Licensor has determined that its fiber optic cable will have excess capacity
amounting to at least one fiber strand;
WHEREAS Licensor and Joint Licensee desire to enter into an agreement whereby Licensor
will reserve one Dark Fiber strand in L.icensor's fiber optic cable for the exclusive use of Joint Licensee
according to the terms and conditions set forth herein.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
1. Definitions
For the purpose of this Agreement, the following terms when used herein shall have the
following meanings:
(i) "Access Point`° means a Manhole, Vault, Handhole. Junction Box or Pedestal through
which the ExteNet Cable may be accessed for the purposes of splicing fibers to interconnect to
other networks or facilities. A list of locations at which Licensor has made available Access
Points at which Authorized Contractors may splice fiber to interconnect to ExteNet's Cable is
provided in Confidential Exhibit 3, and incorporated as part of this Agreement. Confidential
Exhibit 3 is not subject to public disclosure pursuant to California Govt. Code Section 6254(e)
and 6 U.S.C.A. Section 133(a)(1)(A).
SDPUB\PDESOUSA\368537.1
(ii) "Authorized Contractors` means third party contractors (whether independent or
affiliated with Licensor) that have been approved and authorized in advance by Licensor to
utilize Access Points and to makes splices or perform other work on the ExteNet Cable.
(iii) 'Dark Fiber' means an unlit optical cable fiber strand that is separate from and is not
connected to any of the equipment, electronics or lasers necessary to transmit light via the fiber
strand.
(iv) "ExteNet Cable shall mean the aerial and underground optical fiber cables, owned by
ExteNet Systems (California) LLC, ("ExteNet) a certified telecommunications carrier in
California, and installed in Rancho Santa Fe, California as depicted on Exhibit 1 attached.
(v) "Handhole-`~means a buried box with a lid that is even with the surface of the ground
used to store, terminate, splice or transfer fiber optic cable.
(vi) "Junction Box"~means a box where fiber optic cable splices and connections are made
and accessed.
(vii) "Licensed Fiber means the single strand of Dark Fiber within the ExteNet Cable
reserved and/or designated for use by Joint Licensee pursuant to this Agreement.
(viii) "Manhole-0 means a subsurface enclosure which qualified personnel may enter and use
for the purpose of installing, operating and maintaining facilities.
(ix) "Pedestal means an above ground structure used to store, terminate, splice or transfer
fiber optic cable.
(x) "Vault"means an underground structure used to store, terminate, splice or transfer fiber
optic cable.
2. License
2.1 License Grant
Subject to the terms, conditions and limitations set forth herein, Licensor herby grants to Joint
Licensee a license and right for the exclusive use of the Licensed Fiber for the transmission of
optical signals generated by optical or other equipment owned or employed by Joint Licensee.
The duration of the foregoing license shall continue in perpetuity so long as the ExteNet Cable
installation remains in place and is in use by Licensor and its successors in interest, but nothing
herein shall obligate Licensor to continue to maintain and operate the ExteNet Cable or any
portion thereof or to maintain any attachment rights related thereto during any periods in which
Licensor is not otherwise using or planning to use the ExteNet Cable (other than the Licensed
Fiber) for the provision of services to Licensor's customers.
SDPUB\PDESOUSA\368537.1 2
2.2 Scope of Grant
(i) Licensor's sole responsibility under this Agreement shall be to provide Joint Licensee
with access to the Leased Fiber. To the extent that Licensor has authority to authorize third-
parry utilization of Access Points, it will grant permission to Authorized Contractors to use such
Access Points for splicing the Licensed Fiber for the purpose of interconnection to other network
facilities as directed by Joint Licensee. Licensor shall have no obligation whatsoever to install
any additional fiber optic cable or to allocate any additional strands of the ExteNet Cable to meet
the needs of Joint Licensee.
(ii) The Santa Fe Irrigation District and the San Dieguito Water District, as Joint Licensee,
shall undertake all necessary activities for the joint use of the License, however, Licensor shall
coordinate with and provide all necessary information to Joint Licensee to splice fiber to
interconnect to Licensor's network. Joint Licensee shall have the sole responsibility for paying
all costs and performing all activities necessary to make the Licensed Fiber operational,
including but not limited to providing and attaching equipment, electronics and lasers to transmit
light to carry communications via the Licensed Fiber. Joint Licensee shall further have the sole
responsibility for paying all costs and for constructing or otherwise providing facilities needed to
interconnect with the Licensed Fiber to the Access Point, and for performing all necessary fiber
splices for interconnection of the Licensed Fiber to other network facilities. All such splices and
other uses of Access Points shall be carried out only by contractors designated by Licensor or
other qualified contractors approved in writing in advance by Licensor and only during regularly
scheduled maintenance windows or at other times that are reasonably convenient for Licensor.
(iii) Licensor and Joint Licensee agree and acknowledge that Joint Licensee's use and
operation of the Licensed Fiber does not and will not create or convey to Joint Licensee any
ownership or property rights of any nature in the Licensed Fiber or any portion of the ExteNet
Cable or of any Access Points. Joint Licensee may not encumber, offer as collateral, or allow
any third party claims of any type on or against the Licensed Fiber.
(iv) Joint Licensee shall not permit any third party to use or operate the Licensed Fiber.
(v) Joint Licensee is solely responsible for obtaining all public, private or government
approvals, authorizations, permits, certifications, easements or right of way beyond those
required for installation and maintenance of the ExteNet Cable, if any, that are necessary in order
for Joint Licensee to light and transmit signals using the Licensed Fiber.
2.3 Designation of Licensed Fiber Strand
(i) At any time following completion of the ExteNet Cable installation, Joint Licensee may
notify Licensor of its desire to access the Licensed Fiber reserved for its use by Licensor. Such
notice shall be written and shall be provided no fewer than thirty (30) days prior to the date on
which Joint Licensee desires to access the Licensed Fiber. Joint Licensee's notice shall identify
all of the following: (1) Joint Licensee's planned use for the Licensed Fiber, 2) the exact portions
SDPUQ\PDESOUSA\368537.1 3
of the Licensed Fiber route Joint Licensee intends to light and use, 3) the Access Points Joint
Licensee desires to use (if an),) to access and splice the Licensed Fiber and 4) all personnel or
contractors that Joint Licensee proposed to use to perform any work activity involving the
Licensed Fiber, including but not limited to construction and installation of fiber drops or laterals
for interconnection of the Licensed Fiber to lasers, electronics or other equipment, facilities or
networks for purposes of lighting and using the Licensed Fiber.
(ii) Within seven (7) days following receipt of such initial notice, Licensor shall provide Joint
Licensee with a color-coded diagram designating the specific optical fiber strand within the
ExteNet Cable that has been designated as the Licensed Fiber for all purposes hereunder.
(ii) Licensor shall have the right to determine in advance whether Joint Licensee's personnel
and/or proposed contractors are qualified to perform such work activities and may disapprove
any proposed personnel or contractor in its sole discretion. Licensor shall identify the reasons
for such disapproval and Joint Licensee may propose alternate personnel or contractors.
2.4 Requirements for Use of Licensed Fiber Strand
(i) Licensor and Joint Licensee agree and acknowledge that Licensee may use the Licensed
Fiber in the ExteNet Cable for any lawful purpose for which the fiber strand is technically suited.
(ii) If Licensor determines for any reason that it is necessary to relocate, modify,
underground or otherwise alter all or any portion of the ExteNet Cable, including of the Licensed
Fiber (whether such Licensed Fiber is then lit and/or in use by Joint Licensee), Licensor shall
provide Joint Licensee sixty (60) days written notification prior to making the proposed
relocation, modification or alteration. The notification requirement of this section shall not apply
to emergency situations. Joint Licensee shall have no responsibility for costs and expenses
relating to any such relocation, modification or alteration of the ExteNet Cable, but Joint
Licensee shall have sole responsibility for costs and expenses relating to any necessary
rearrangement, relocation, modification or alteration of any fiber drops or laterals or other
equipment, electronics or lasers installed to light the Licensed Fiber, or other facilities Joint
Licensee has interconnected to the Licensed Fiber that may result therefrom.
(iii) Any equipment, electronics, lasers, or interconnecting fiber or other network facilities
provided by Joint Licensee shall be installed and maintained in accordance with the requirements
and specifications of the then current editions of the National Electrical Code (NEC), the
National Electrical Safety Code (NESC), and the California State Electrical Code set forth in
Title 24 of the California Code of Regulations, each of which are incorporated by reference in
this Agreement. Further, Joint Licensee and its consultants and contractors shall at all times
comply with the applicable rules and regulations of the Occupational Safety and Health Act of
1970 (OSHA), the California Occupational Safety and Health Regulations set forth in Title 8 of
the California Code of Regulations, state and federal statutes and law, and any regulation, rule or
order issued by any state or federal agency, including the California Public Utilities Commission
or Federal Communications Commission.
SDPUB\PDESOUSA\368537.1 4
(iv) Licensor reserves the right to make periodic inspections at any time of any part of Joint
Licensee's equipment, electronics. lasers, or facilities (including interconnected fiber or copper
cable) utilized by Joint Licensee in conjunction with the Licensed Fiber. Such inspections shall
be conducted at Licensor's expense unless Licensor determines that Joint Licensee is not in
compliance with the terms of this Agreement. In such instance, Joint Licensee shall be
responsible for paying Licensor for all reasonable costs incurred by Licensor in making the
inspection. Joint Licensee agrees that such periodic inspections by Licensor, or the failure to do
so, shall not relieve Joint Licensee of any responsibility, obligation or liability whether assumed
under this Agreement or otherwise existing.
3. Maintenance
(i) Licensor shall maintain all facilities interconnected with or comprising a part of the
ExteNet Cable that are owned by Licensor, including the licensed Fiber, provided that Licensor's
obligation to maintain such facilities shall not in any way extend beyond either: (i) the periods
during which Licensor is using or planning to use the ExteNet Cable for the provision of services
to its customers; or (ii) the periods during which Licensor or its successors in interest continue to
possess the necessary attachment and access rights to enable such maintenance.
(ii) Joint Licensee shall have sole responsibility for maintaining all equipment, electronics,
lasers fiber and other facilities interconnected to the Licensed Fiber. Joint Licensee shall
maintain its equipment, electronics, lasers and interconnecting fibers and facilities in good
working order and in a manner that' will not interfere with, or degrade the quality or reach of any
signal, transmission or telecommunications carried on the ExteNet Cable. If Joint Licensee's
equipment or facilities should cause any type of interference with or degradation of any signal,
transmission or telecommunications on the ExteNet Cable, Joint Licensee agrees to correct the
condition within 3 hours. If Joint Licensee fails to take such corrective action, Licensor may in
its sole discretion correct said condition at Joint Licensee's expense. Licensor shall notify Joint
Licensee in writing prior to performing such work whenever practicable. When Licensor
reasonably believes, however, that such conditions pose an immediate threat to public safety or
interfere with the performance of Licensor's service obligations to its customers, or pose an
immediate threat to the physical integrity of the ExteNet Cable or other facilities, Licensor may
perform such work and/or take such action at Joint Licensee's expense that it deems necessary
without first giving written notice to Joint Licensee. Joint Licensee shall be responsible for
paying Licensor for all reasonable costs incurred by Licensor in taking such corrective action.
Licensor shall be indemnified by Joint Licensee for such work in accordance with Section 5
below.
SDPUB\PDGSOUSA\368537. ]
4. Liability and Damages
(i) Joint Licensee shall exercise reasonable caution to avoid damaging the facilities of
Licensor and shall make an immediate report to Licensor of the occurrence of any such damage
caused by its personnel, agents or contractors. Joint Licensee agrees to reimburse Licensor for all
reasonable costs incurred by Licensor for repair of such facilities da►naged by Joint Licensee.
(ii) Joint Licensee shall be liable to Licensor for all actions or omissions caused by Joint
Licensee that cause damage to the facilities in the ExteNet Cable and the associated networks, or
that interfere with, disrupt or degrade the quality or reach of any signal, transmission or
telecommunications carried on the ExteNet Cable.
(iii) Licensor shall not be liable to Joint Licensee for any special, indirect, or consequential
damages arising from any interruption or degradation of Joint Licensee's communications
carried on Licensed Fiber. Licensor shall, however, use all reasonable caution and care to avoid
interruption or degradation of Joint Licensee's communications carried on Licensed Fiber.
5. Indemnification
(i) Joint Licensee shall indemnify, defend and hold harmless Licensor from any action or
claim for injury, damage, loss, liability, cost, expense or fines, including court and appeal costs
and attorneys' fees and expenses, which arise directly or indirectly out of Joint Licensee's use,
operation, installation or maintenance of, or construction or excavation in connection with the
Licensed Fiber by Joint Licensee, its authorized agents, personnel, employees or contractors.
(ii) Joint Licensee shall give Licensor timely written notice of any claim or of the
commencement of any action, suit or other proceeding covered by this Article. If a claim or
action arises, Licensor shall tender the defense of the claim or action to Joint Licensee and such
defense shall be at Joint Licensee's expense. Licensor may participate in the defense of a claim
at any time, provided that, during all periods in which such defense has been assumed and is
being carried out by Joint Licensee with qualified. counsel, the incremental costs of Licensor's
participation shall be at its own expense. Joint Licensee may not agree to any settlement of
claims affecting Licensor's operations or finances without Licensor's prior written approval,
provided that if such approval is unreasonably withheld, then Joint Licensee's obligations
hereunder shall be limited to the liabilities or costs that would have been incurred if such
settlement had been approved.
6. Insurance
(i) Without limiting any obligations or liabilities of Joint Licensee under this Agreement,
Joint Licensee shall maintain for the term of this Agreement, at its own expense, Commercial
General Liability Insurance including Contractual Liability Coverage, covering liability assumed
under this Agreement, Products/Completed Operations Coverage, Broad Form Property Liability
Coverage, and Personal Injury Coverage in the amount of $1,000,000 combined single limit for
SDPU13\PDES0USA\363537.1 6
Bodily Injury and Property Damage and a $1,000,000 occurrence aggregate.
(ii) Joint Licensee's insurance policies required by this Agreement shall name Licensor as an
additional insured.
(iii) Joint Licensee shall provide Licensor with Certificates of Insurance evidencing coverage
currently in effect prior to commencing to place equipment, electronics or lasers to light the
Licensed Fiber. All policies are to provide Licensor with thirty (30) days prior written notice of
cancellation or any material adverse change in conditions.
7. Assignment
(i) Joint Licensee may not assign, sub-license, or transfer in any manner, in whole or in part,
its rights, duties or obligations under this Agreement.
(ii) Neither this Agreement nor any tern or provision hereof, nor any inclusion by reference
shall be construed as being for the benefit of any person or entity not a signatory hereto.
8. 'T'ermination
Licensor shall have the right to terminate this agreement and the license granted herein:
(i) Upon thirty (30) days written notice in the event that Joint Licensee commits a material
breach of this Agreement, becomes subject to any bankruptcy or insolvency proceeding under
Federal or state statute or becomes insolvent or becomes subject to direct control by a trustee,
receiver or similar authority, or uses the Licensed Fiber for any unlawful purpose.
(ii) In the event of termination, Joint Licensee shall remove all equipment, electronics, lasers
and fiber or other facilities interconnected to the ExteNet Cable within thirty (30) days.
9. General Provisions
9.1 Entire Agreement
The terms contained in this Agreement and any Exhibits referred to herein, which are
incorporated into this Agreement by reference, constitutes the entire Agreement between the
parties with respect to the subject matter hereof, superseding all prior agreements,
understandings, proposals and other communications, oral or written. Neither Party shall be
bound by any terms additional to or different from those in this Agreement. No representations,
understandings, agreements or warranties, expressed or implied, have been made or relied upon
in the making of this Agreement other than those specifically set forth herein. The terms and
conditions of this Agreement shall not be amended., changed or altered except in writing and with
approval by authorized representatives of Licensor and Joint Licensee.
SDPUB\PDESOUSA\368537.1
9.2 Notice
Wherever in this Agreement notice is required to be given by either Party to the other, such
notice shall be in writing and shall be effective when personally delivered via U.S. Mail,
overnight delivery, or facsimile to the persons at the addressed listed below:
For ExteNet:
Terry Ray
ExteNet Systems, Inc.
3030 Warrenville Road
Suite 340
Lisle, IL 60532
Phone: (630) 505-3803
Facsimile: (630) 577-1332
Mobile: (630) 835-7657
For Santa Fe Irrigation District:
Michael J. Bardin
General Manager
PO Box 409
Rancho Santa Fe, CA 92067-0409
Phone: (858) 756-2424
Facsimile: (858) 756-0450
For San Dieguito Water District:
Lawrence A. Watt
General Manager
505 S. Vulcan Ave
Encinitas, CA 92024
Phone: (760) 633-2763
Facsimile: (760) 633-2818
9.3 Non-Waiver
Failure of Licensor to take action to enforce compliance with any of the terms or conditions of
this Agreement, or to give notice or declare this Agreement or any authorization granted
hereunder terminated, or to exercise any right or privilege hereunder, shall not be construed as a
continuing or future waiver of such term, condition, right or privilege, but the same shall be and
remain at all times in full force and effect.
SDPUB\PDESOUW368537.1 8
9.4 Severability
In the event that one or more of the provisions of this Agreement shall for any reason be
held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall
be unimpaired, and each invalid, illegal or unenforceable provision shall be replaced by a
mutually acceptable provision that, being valid, legal and enforceable, comes closest to the
intentions of the Parties underlying the invalid, illegal or unenforceable provision.
9.5 Headings
All headings contained in this agreement are for convenience only and are not intended to affect
the meaning or interpretation of any part of this Agreement.
9.6 Governing Law
This Agreement and the rights and obligations contained in it shall be construed in accordance
with, and governed by, the laws of the State of California.
9.7 Counterparts
This Agreement may be executed in any number of counterparts, each of which when executed
shall be deemed an original, but all of which together shall constitute one and the same
instrument.
9.8 Confidentiality
The contents of Exhibit 3 to this Agreement are confidential and proprietary, and may disclosed
only to Joint Licensee personnel with a need to know, or Joint Licensee counsel. Joint Licensee
agrees to take all reasonable steps to protect the proprietary and confidential information in
Exhibit 3 from public disclosure, and to make available such information internally only to Joint
Licensee personnel with a need to know or to counsel. Joint Licensee shall not disclose the
contents of Exhibit 3 except as required by state law in response to a formal request pursuant to
the California Public Records Act (Cal. Govt. Code §§6250-6276.48). Joint Licensee shall
notify Licensor within 48 hours of receiving a request under the California Public Records Act
for information about Exhibit 3 to this Agreement. If a Public Record Act suit is filed by the
requesting party, Joint Licensee will cooperate in any action to intervene filed by Licensor.
Notwithstanding any provision in this Agreement to the contrary, Licensor will indemnify and
hold harmless Joint Licensee for any and all costs and attorney fees awarded to a prevailing
Plaintiff arising out of or related to a California Public Records Act suit which result from Joint
Licensee's compliance with this provision in protecting the proprietary and confidential
information in Exhibit 3 from public- disclosure.
SDPUB\PDESOUSA\368537.1 9
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first
written above.
For ExteNet Systems (California) LLC (Licensor):
ExteNet ems. In
3030 Warrenville Road
Suite 340
Lisle, IL 60532
Phone: (630) 505-3803
Facsimile: (630) 577-1332
Mobile: (630) 835-7657
For Santa Fe Irrigation District (Joint Licensee):
Michael J. Bardin, General Manager
PO Box 409
Rancho Santa Fe, CA 92067-0409
Phone: (858) 756-2424
Facsimile: (858) 756-0450
gre7nce uito Water District (Joint Licensee):
A. Watt, General Manager
505 S. Vulcan Ave
Encinitas, CA 92024
Phone: (760) 633-2763
Facsimile: (760) 633-2818
SDPUB\PDGSOUSA\368537.1 10
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EXHIBIT 3
Not Subject to Public Disclosure Pursuant to:
California Govt. Code Section 6254(e) and
6 U.S.C.A. Section 133(a)(1)(A)
Locations at which Licensor has made available Access Points to Joint Licensees for
interconnection to ExteNet's Cable are provided below:
1. 6354 El Camino Del Norte: this location is less than 200 feet from the Santa Fe
Irrigation District North gate on El Camino Del Norte.
2. 6352 El MonteVideo: this location is at node location 33, approximately 300 feet east
of Santa Fe Irrigation District South gate on El MonteVideo.
3. 16632 Via De Santa Fe, at Node 14
CITY OF ENCINITAS
SAN DIEGUITO WATER DISTRICT
AGENDA REPORT
Meeting Date: March 26, 2007
TO: Board of Directors
VIA: Phil Cotton, District Secretary
Larry Watt, General Manager FOR YOUR RECORDS
From City Clerk
FROM: Victor R. Graves, Assistant General Manager
SUBJECT: Approval to Grant Access Easement to ExteNet Systems, LLC for access to District
owned APN's 265-180-07 & 08 located at the San Dieguito Reservoir in Rancho Santa Fe.
BACKGROUND: Santa Fe Irrigation District (SFID) has been contacted by ExteNet Systems,
LLC (ExteNet), a telecommunications provider, requesting access to the existing San Diego Gas
and Electric (SDG&E) pole line at the San Dieguito Reservoir (SDR) to install fiber optic cable
for the provision of telephone service. SFID and the San Dieguito Water District (SDWD) jointly
own the SDR property.
ANALYSIS: ExteNet's fiber optic network is being installed in conjunction with the Master
Wireless Plan that was adopted by the Rancho Santa Fe Association in 2006 and approved by the
County of San Diego in 2007. ExteNet has received authorization from SDG&E and AT&T to
attach its aerial fiber cable to the utility pole line that transits the two parcels of the reservoir
property. The attached map (Attachment A) illustrates the approximate location of the existing
utility pole easement at San Dieguito Reservoir. The pole line runs from El Montevideo on the
south, to El Camino del Norte on the north side and can be accessed by a paved road below the
reservoir.
Santa Fe's engineering staff has reviewed ExteNet's request and submittal of relevant
information and has determined that the granting of an access easement for ingress and egress
across District(s) property is required. An access easement (Attachment B)' has been prepared
and is attached for your review and consideration. The access easement includes
indemnification language for the ingress and egress over the two parcels identified therein.
ExteNet has offered to allocate to the District(s) one fiber strand on the network it is installing.
At this time, there are no specific plans for improvements that would utilize this fiber strand, but
as the existing RE Badger Treatment Plant Supervisory Control and Data Acquisition (SCADA)
system is enhanced, this asset will be incorporated into future improvements.
FISCAL & STAFF IMPACTS: Applicant pays for processing Access Grant.
RECOMMENDATION: Approve the Granting of Access Easement to ExteNet Systems, LLC
for access to District owned APN's 265-180-07 & 08 located at the San Dieguito Reservoir in
Rancho Santa Fe.
SHEET I OF I
ATTACHMENT A
SAN DIEGUITO RESERVOIR
EXIST. .
ACCESS GPI TE
/ Id
~O
EL : - AMINO ~
\ - ~-ice
PORTION
APN 265-180-08
APPROXIMATE LOCATION
EXIST.O.H. POWER LINES
Cd1J1. "AM I
SUBJECT EASEMENT AREA
APN 265-180-07
SAN IJI~'GUITO R~',S~'RIIOIR
- EL 10
EXISTJ
ACCESS GATE
Lrd ~ - -
LEGEND
GRAPHIC SCALE
INDICATES APPROXIMATE 400 0 200 400 800
LOCATION OF EXISTING
POWER POLES
1 inch = 400 ft.
Z:\land dev projects\978 SFID TASK 5 -SD RESIVIDR\dwg\978 RES 400 SCALE,dwg 3/11/2008 10:42:33 AM PDT