Encroachment Agreement No. ERA15-005 2016-0186312RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
APN: 273 - 900 -32 -00
DOC# 2016 - 0186312
II!I I III III 111111 II I II II I III I II
Apr 21, 2016 12:48 PM
OFFICIAL RECORDS
Ernest J Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $3300
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT NO. ERAIS -005
PAGES 7
The CITY OF POWAY (herein called CITY) does hereby give permission to Ka Yan Lam
and Michael D Thibodeaux, (herein called PERMITTEE) owners of the following described real
property in the City of Poway, County of San Diego, State of California, described as follows:
Lot 32 of County of San Diego Tract 3842 -1, in the City of Poway, County of San Diego,
State of California, according to Map thereof 9620, filed in the Office of the County
Recorder of San Diego County, April 15, 1980
to encroach within the City's easement for the purposes of installing a recreational vehicle parking
lot. The limits of said encroachment are as shown on Exhibit �'A'/ attached hereto and made a part
hereof, and described as a concrete driveway and appurtenance retaining wall, and minor drainage
facilities.
Said permission is given subject to PERMITTEE, its heirs, successors or assigns, by
accepting the same, agreeing to the following conditions:
1. The permission given herein by CITY shall at all times be subject to the right of
CITY to operate and maintain, and from time to time to reconstruct, alter, and improve any existing
works of the CITY on CITY's easement, without liability for damages to the facilities of
PERMITTEE, its heirs, successors or assigns;
2. It is understood that said lands are not owned by CITY, that the permission
contained herein relates only to the prior rights of CITY by virtue of its easement in said lands, and
nothing contained herein shall be deemed a representation by CITY of the right to grant an
easement over said lands or any other rights which are reserved to the owners or other persons;
3. The CITY will not be liable for any damage to the proposed construction on CITY's
easement resulting from future operation of the CITY's facilities by CITY within the easement;
4. This permission is given for the direct benefit of PERMITTEE's land above described
and the covenants herein contained shall run with said land, and shall be binding on the assigns
and successors of PERMITTEE;
5. Only those utilities or improvements described above are permitted along or across
the easement. If other utilities or improvements are proposed, an additional encroachment
removal agreement will be required;
Encroachment Agreement No. ERA15 -005
Page 2
6. PERMITTEE shall not unreasonably interfere with the facilities of CITY, or with
access by CITY, during construction. PERMITTEE shall establish grades, which, in the opinion of
the CITY, will provide easy access across the encroachment after completion;
7. All of CITY's facilities in the easement are to be fully protected in a manner
satisfactory to CITY after construction;
8. PERMITTEE, its heirs, successors or assigns, will be responsible for any damage
which may occur to CITY's facilities in the easement by reason of the construction, location, or
maintenance of PERMITTEE's facilities, and for the cost or any relocation of the facilities installed
within the easement by PERMITTEE, its heirs, successors or assigns, should such relocation
become necessary by reason of the construction by CITY of additional facilities or appurtenances
thereon;
9. CITY, its officers, employees, agents and directors shall not be answerable or
accountable in any manner for any loss or damage that may occur to facilities belonging to the
PERMITTEE, its heirs, successors or assigns, or any part thereof; for any loss or damage to any of
the materials, equipment or other things used or employed in constructing 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 maintenance of
facilities thereon. PERMITTEE, its heirs, successors or assigns, shall be solely responsible for
all of the foregoing. PERMITTEE, its heirs, successors or assigns, 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, or on account of,
injuries 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, successors or assigns, of CITY's easement or the
construction and maintenance of facilities thereon;
10. CITY is to be without cost or expense of any kind in connection with this agreement;
11. The encroachment shall be installed and maintained in a safe and sanitary condition
at the sole cost, risk and responsibility of the PERMITTEE and successors -in- interest;
12. The PERMITTEE, its heirs, successors or assigns, shall remove or relocate the
encroachment, or a portion thereof, upon notification in writing by the City Engineer of the City of
Poway, or the City may cause such work to be done at PERMITTEE's sole cost and expense, and
the cost thereof shall be a lien upon the land owned by the PERMITTEE, its heirs, successors or
assigns;
13. PERMITTEE, its heirs, successors or assigns, shall take out and maintain, during
the time the aforementioned encroachment remains on CITY's easement, sufficient Liability
Insurance covering all bodily and property damage arising out of this permit (at least $2,000,000
for personal injury and $250,000 for property damage). This policy shall name CITY and its
officers, agents and employees as additional insured, and shall constitute primary insurance as to
CITY and its officers, agents and employees, so that any other policies held by CITY shall not
contribute to any loss under said insurance. The policy shall provide for thirty (30) days prior
written notice to CITY of cancellation or material change.
Encroachment Agreement No. ERA15 -005
Page 3
This agreement is granted pursuant to ction taken by the CITY OF POWAY on the
_ day of !L , 20.
PROPERTY OWNERS
By:
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(Signatures must be notarized.)
CITY OF POWAY
Date
Steve Crosby, PE
Approved as to Form:
Office of the City Attorney
Morga L. oley, ity ttorney
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of fan D%o )
On SaCKjdlLA 2-7 . 2o1 before me, n 1bi1' c
Date Here Insert Name and Title of the Othcer
personally appeared nik bra ^ a V C_ V1 aQ- � -Da y► c�
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
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Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Putfic
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — i Limited General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ! -1 Limited I i General
❑ Individual L1 Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Slh l71 eAn )
On Ja�,�n, Z- 7--m before me, (i\Or) C -a Marti; new �u
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Here Insert Name and Title of the fficer
personally appeared Lam -0 Ka- a n
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
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Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature -7
Signature of Notary F16blic
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — Limited General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — I I Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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NOTARY SEAL CERTIFICATION
(Government Code 27361.7)
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary:
Commission Number: I 1159
County Where Bond is Filed: L,/Uu�
Date Commission Expires- � -
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Manufacturer or Vendor Number: UNAI
(Located on both sides of the notary seal border)
Signature:
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Firm Name (if a plicable)
Place of Execution: San Diego Date: 0q / "21 / 20(,�-
Rec. Forth #810.1 (Rev. 6/11/03)