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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 ) ) ) ) ) ) ) ) ) ) ) O0 ~5 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