Encroachment Permit No. 00-05 2000-0609348" DOC ~ 2000-060~348
' RECORDING REQUESTED BY: ~
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
No Transfer Tax Due
2058
NOV 09, 2000 8:29 AM
Encroachment Permit 00-05
(Please fill in document title on this line)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
CITY OF POW,
2059
ENCROACHMENT PERMIT NO. ~
zq5 - - i
The CITY OF POWAY (herein called CITY), does hereby grant to
Frank M. and Janet L. Bellmp, 13531 Rostrata Rd (herein called PERMITTEE),
p f
over/within the City's existing easement recorded
as File No. 81-222496 in the Office of the County Recorder, for purposes
of installing and/or constructing
The limits of said encroachment are as shown on Exhibit A and described as
follows: three foot m~r]~mmn into east side of
Said p ' ' is given subject to, and PERMITTEE by accepting the same,
agrees to the following conditions:
1. The consent granted herein by CITY shall at all times be subject to the right
of CITY to operate and maintain, and from time to time 1 :, alter, and
improve any existing works of the CITY on CITY' I, without liability for
damages to the facilities of PERMITTEE.
2. It is understood that said lands are not owned by CITY, that the consent
contained herein relates only to the prior rights of CITY by virtue of iil in said
lands, and nothing contained herein shall be deemed a representation by CITY of the
right to grant a right-of-way over said lands or any other rights which :1 to the
:her persons;
3. If grading is required, not more than z4 inches of cut or zero
inches of fill will be permitted on CITY'
4. No other utilities or imp
permitted along or across th
:her than those described above will be
I. If other utilities or improvements are
proposed, an additional encroachment permit will be required;
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074-0789 · (619) 748-6600, 695-1400
FAX 748-1455
2060
Encroachment Permit
Page 2
5. PERMITTEE shall not
access by CITY over patrol roads during
grades which, in the opinion of CITY, will provide easy
after completion;
3ly interfere with the facilities of CITY or with
establish
th lment
6. That all of CITY's facilities in the right-of-way area are to be fully protected in
a Iisfactory to CITY afl
7. That CITY will not be liable for any damage to the proposed construction on
CITY',' : resulting from future operation of the CITY's facilities by CiTY within
the right-of-way;
8. That PERMITTEE be responsible for any damage which may occur to CiTY's
facilities and right-of-way easement by reason of th " location, or
i PERMITTEE's facilities, and for the cost of any relocation of the
facilities installed within th by PERMITTEE should such relocation become
necessary by reason of th by CITY of additional facilities or
appurtenances thereon;
9. That PERMITTEE shall furnish CITY with "as-built" drawings after the work
has been completed.
10. That CITY, its officers, employees, agents and directors shall not be
answerabl lable in any manner for any loss or damage that may happen to
PERMITTEE's t' y part thereof; for any loss or damage to any of the
materials, equipment or other things used or employed ' the same; for
injury to or death of any person, either workmen or the public, ~le or
accountable in any manner for any loss or damage that may happen to PERMITTEE's
facilities or any part thereof; for any loss or damage to any of th equipment
or other things used or employed ' "..3 the same; for injury to or death of any
person, either workmen or the public, or for damage to property from any ' '
out of PERMITTEE's use of CITY', l, or the const :1
Encroachment Permit
Page 3
2061
facilities thereon. PERMITTEE shall be solely responsible for all of the foregoing.
PERMITTEE shall hold harmless, indemnify, and defend CITY, its directors, officers,
employees and agents, from all claims, suits or actions of every name, kind and
description, including attorneys' fees, brought for, I of, injuries to or death
of any person or damage to property resulting or alleged to have resulted from
PERMITTEE's use of CITY's easement or th :1 ~ ! facilities
thereon.
11. That CITY is to be without cost or expense of any kind in ' :h
this permit.
12. That PERMITTEE hereby, in addition to payment of th fee,
deposits the sum of zero
U.S. Dollars ($ 0 t, lawful money of the United
States, in an amount estimated to be twice the amount necessary 1
encroachment and restore the public right-of-way to its original condition.
13. That PERMITTEE may, in lieu of a cash deposit, submit as security a
performance bond, letter of credit, or certificate of deposit. Said 3all be
furnished by surety comp 'y to the City on the forms provided by the
City. No alt Dstitution of said forms will be allowed.
14. This permit is granted pursuant to action taken by the CITY OF POWAY on
the ]~-~' day of ,_~'~f~,~' =1'~OO~·
DATED:
ACCEPTED:
Frank H. Belknap
t L. ~elknap
CITY OF POWAY:
id Skninou, City Engineer
2062
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
On ~-~'~_-~, IR beforeme ~
personally~aap~pe~red ~ ~ ~
BONNIE L TAYLOR
Notc3'y Pub~ - Califorr~
Y
SS,
L~proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s)4S~are
subscribed to the within instrument and
the same in .hl~/.he'r/t heir authorized
capacity(ies), and that by ~r/their
signature(s) ', r, or
the behalf of which the person(s)
acted,
OPTIONAL
Title or
Signer(s) Other
I~cument '~
[] Individual
[] Title(s):
[] Partner-- [] Limited [] General
[] Trustee
[]
[] Other:
ROSTRATA
ROAD
~ ®
GENERAL
SITE PLAN
13531
CA
IMDRA APPROVAL 4'00-60
FFECTIVE 17 JULY
BY L.
EXHIBIT A