Encroachment Permit No. 99-04 2000-0385352DOC ~ ~O00-O'~H.h ~.~9
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
JUL 21, 2000 8:0? AM
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ENCROACHMENT I ' NO. 99-04
12695 Monte Vista Road
; Care F~
t ,ITY OF Pow [
ENCROACHMENT PERMIT NO. 99-04
12695 Monte Vista Road
Sunshine Care Facility
L
p
1979, as File No.
constructing
The CITY OF POWAY (herein called CITY), does hereby grant to JM
oad (herein called PERMITTEE),.
~ over/within the City's existing easement recorded
79-511053 in the Office of the County Recorder for purposes of
The limits of said encroachment are as shown on Exhibit A, attached hereto and
made a part hereof, and described as follows: ' '
;aid w
F ' ' ' given subject to, and PERMITTEE, or its h ';]ns,
by accepting the same, agree 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 ~ from time to time 1 ~t, alter, and improve any
existing works of the CITY on CITY :, without liability for damages to the facilities
of PERMITTEE, its heirs, ';~ns.
2. it is understood that said hands are not owned by CITY, that the consent
contained herein y to the prior rights of CITY by virtue of it l in said
lands, and nothing contained herein shall be deemed a rep by CITY of the right
to grant a right-of-way over said lands or any other rights which -1 to the owner
or other persons;
3. If grading is required, not morethan 0 inches of cut or 60 inches of fill
will be permitted on CITY l;
4. No ul ~ :her than those described above will be permitted
along or across the easement. 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
5. PERMITTEE shall not 31y interfere with the facilities of CiTY or with
access by CITY over patrol roads during construction. PERMI'I-rEE shall establish grades
which, in the opinion of the CITY, will provide easy th ~ment after
completion;
6. That all of CITY's facilities in the right-of-way area are to be fully protected in a
tisfactory to CITY after construction;
7. That CITY will not be liable for any damage to the proposed construction on
l resulting from future operation of the CITY's facilities by CITY within the
CITY
right-of-way;
8. That PERMITTEE, its heirs,
damage which may occur to CITY's t'
location,
'~ns, will be responsible for any
:1 right-of-way easement by reason of the
: PERMITTEE's facilities, and for the cost of any
of the facilities installed within the easement by PERMITTEE, its heirs,
or assigns, should such relocation become necessary by reason of the
construction by CITY of additional f ;~purtenances 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 I: 31e
31e in any manner for any loss or damage that may occur to facilities belonging
to the PERMITTEE, its heirs, ';Ins, or any part thereof; for any loss or
damage to any of the equipment or other things used or employed in
· ~3 the same; for injury to or death of any person, either workmen or the public,
or for damage to property from any cause arising out of PERMITTEE's use of CITY's
easement, or the construction and of facilities thereon. PERMITTEE, its
heirs, or assigns, shall be solely responsible for all of the foregoing.
PERMITTEE, its heirs, ';Ins, shall hold harmless, indemnify, and defend
CITY, its directors, officers, employees and agents, from all Aions of every
name, kind and description, including attomeys' fees, brought for, l of, injudes
to or death of any person or damage to property resulting or alleged to have resulted from
PERMITTEE's use, or use by its heirs, '3ns, of CITY l or the
const :1 : facilities thereon.
,4517
11. That CITY is to be without cost or expense of any kind in ~h this
permit.
12. The encroachment shall be installed and ~ in a safe and sanitary
condition at the sole cost, risk and responsibility of the PERMITTEE and
interest.
13. The PERMITTEE, its h ' ';Ins, must
encroachment within 30 days after notice by the City of Poway, or the City of Poway may
~ work to be done, and the cost thereof shall be a lien upon the land owned by
the PERMITTEE, its heirs, ';Ins.
14. PERMiTTEE, its heirs, or assigns, shall take out and maintain,
during the time th tioned encroachment CITY l, sufficient
Liability' 3 all bodily and property damage arising out of this permit. This
policy shall name CITY and its officers, agents and employees as additional insureds, and
shall constitute primary ' to CITY and its officers, agents and employees, so
that any other policies held by CITY shall not contribute to any loss under said '
The policy shall provide for thirty (30) days' prior written notice to CITY of cancellation or
material change.
This permit is granted pursuant to action taken by the CITY OF POWAY on
the 7 7~ day of ~/y 20
?
DATED:
ACCEPTED:
CITY OF POWAY:
By
CALIFORNIA ALL-PURP~..~E ACKNOWLEDGMENT
State of
County of
On May 9, 2000
Date
personally appeared
before me
James Well
2518
and that
person~
acted,--
OPTIONAL
Description of Attached Document
'Rtle or'
Signer(s) Other
Capacity(les) Claimed by Signer(s)
[] Individual
[]
Title(s):
[] Partner-- [] Limited [] General
[] Trustee
[]
[] Other:
[] Individual
[]
Title(s):
[] Partner-- [] Limited [] General
[] Trustee
[] Other:
Prod NO 5907
89=5'7 HUNSC~KER & SD 858 558 4500
~' EXh~ ~ "A" -
2519
APN _7,. 9
.~---LRETAINING WALL
PARCEL 2,, P.M. 6625
APhJ
~)..20' WATER EASEMENT PER
DOC. NO, 79-511053
DATED DEC. 6. 1979
P . ~32/02
275-48--53
IHUNSAKER
& ASSOCIATES
EXHIBIT FOR ENCROACHMENT
OF RETAINING WALL INTO
EXISTING WATER EASEMENT
FOR SUNSHINE CARE FACILITY
W.O, NO, 2307-01