Encroachment Permit No. 99-01 2000-0219519RECORDING REQUESTED BY:
CiTY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
5740
DOC '~
APR 28,
2000-0219519
2oo0,..~ = i3
ICI~L
AM
ENCROACHMENT PERMIT NO. 99-01
C wY POW^';
5741
ENCROACHMENT PERMIT NO. 99-01
12310 KOZY CREST
The CITY OF POWAY (herein called CITY), does hereby grant to Paul and Laurel
Acosta. owners of the property at 12310 Kozy Crest Lane (herein called PERMITTEES),
permission I ~ over/within the City's property, commonly known as Adc
Min for purposes of ~
Iallation ,6-foot-[ for
The limits of said encroachment are described as follows:
roach[
12310 Koz'
Said I~
A
to Ado
;t Lane
· ' is given subject to, and PERMITTEES or their heirs,
8-foot
~e at
and assigns, 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 :1 from time to time I :, alter, and improve any
existing works of the CiTY on CITY's property, without liability for damages to the facilities
of PERMITTEES, their heirs, '~lns.
2. No improvements other than those described above will be permitted along or
proposed, an additional encroachment permit
3iy interfere with the facilities of CiTY or with
across the park. If other imp
will be required;
3. PERMI']-I'EES shall not
access by CITY over patrol roads during construction. PERMITTEES shall establish
grades which, in the opinion of the CITY, will provide easy access adjacent to the
encroachment after completion;
4. That ail of CITY's facilities in the park are to be fully protected in a manner
satisfactory to CITY afl
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074-0789 ° (858) 748-6600, 695-1400
FAX 748-1455
5742
5. That CITY will not be liable for any damage to the preposed construction on
CITY's park property resulting from future operation of the CITY's facilities by CITY within
the property;
6. That PERMITTEES, their heirs, ';Ins, be responsible for any
damage which may occur to CITY's 1' :1 property by reason of th
location, ! PERMITTEES' facilities, and for the cost of any relocation of
the 1' led within the park property by PERMITrEES, their heire,
assigns, should such relocation b 3/by reason of th by CITY
of additional facilities or appurtenances thereon;
7. That PERMITTEES, their heire, ';ins, shall furnish CITY with
record drawings after the work has been completed.
8. 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 PERMITTEES, their 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 preperty from any ' ' 3 out of PERMITTEES' use of CITY's park,
or the and of facilities thereon. PERMITTEES, their heirs,
';ins, shall be solely responsible for all of the foregoing. PERMITTEES,
their heirs, or assigns, shall hold harmless, indemnify, and defend CITY, its
directors, officers, employees and agents, from all claims, f every name,
kind and description, including attorneys' fees, breught for, : of, injuries to or
death of any person or damage to preperty resulting or alleged to have resulted from
PERMITTEES' use, or use by their heire, '3ns, of CITY's property or the
and f facilities thereon.
9. That CITY is to be without cost or expense of any kind in connection with this
permit.
10. The encroachment shall be installed and :1 in a safe and sanitary
condition at th :, risk and responsibility of the PERMITTEES and
interest.
2
5?43
11. The PERMI'i-FEES, their h ';Ins, must
3 by the y, or the City of Poway
may 1 work to be done, and the cost thereof shall be a lien upon the land owned
by the PERMITTEES, their heirs, ';]ns.
12. PERMITTEES, their heirs, '~ns shall take out and maintain,
during the time th ~ioned encroachment CITY's property, sufficient
Liability' ;] 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 '
Said policy shall provide for thirty (30) days' prior written notice to CITY of cancellation or
material change.
13. In granting this permit, the PERMI'I-I'EES, their heirs, ';~ns
acknowledge th ; a natural drainage course from the City park across their
private property, and agree to propedy maintain the drainage swale. The PERMITTEES,
their heirs, ';]ns also agree to relieve the City from any responsibility or
liability associated with th :1 : said drainage course.
This permit is granted pursuarjt to
ACCEPTED:
action taken by the CITY OF POWAY on the
20(X~ .
By
CITY OF POWAY:
Acosta (./~ty Engineer
:a
3
CALIFORNIA ALL-PURP~,aE ACKNOWLEDGMENT
State of
Coue~ of ~
On~ ~":
personally appeared
beforeme ~'~e t~""~i~C.J~ lr~
5744
person(s)
acted,
OPTIONAL
¥(ies),
Description of Attached Document
Title or'
Signer(s) Other
Capacity(ies) Claimed by Signer(s)
~'"lndividual
[]
~Rtle(s):
[] Partner-- [] Limited [] General
[] Trustee
[] Other:
[~'~ndividual
[]
Title(s):
[] Partner -- [] Limited [] General
[] Trustee
[] Other:
Prod. NO 5907