Encroachment Agreement No. 16-0003 2016-049733211xK.L1Hf►[cl:LX.m��L�1:rA
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
DOC# 2016- 0497332
1 1111111111111111111111111 I l t l l l 11111111111111111111111111111111111111
Sep 20, 2016 04:59 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES. $33.00
PAGES.7
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT NO. 16.0003
The CITY OF POWAY (herein called CITY), does hereby grant to TECH BUSINESS
CENTER VENTURES, L.P., a California limited partnership, owner(s) of the property located at
11905 Community Road, Poway, CA (herein called PERMITTEE(S)), permission to encroach
within the City's easement for the purposes of installing and maintaining Biofiltration Basins and
associated landscaping, irrigation and drainage features.
The limits of said encroachment are as shown on Exhibit A, attached hereto and made a
part hereof, and described as the construction, installation, maintenance, repair and as- needed
reconstruction of approximately 210 square feet of a biofiltration basin to be installed within the
City's drainage easement, according to Map No. 13944 (City of Poway Tract 86- 02r(2) Poway
Corporate Center Units 2 and 3.
Said permission is given subject to PERMITTEE, its heirs, successors or assigns, by
accepting the same, agreeing 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 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 consent
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 assignment is made 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;
I 6ys
Encroachment Agreement No. 16 -0003
Page 2
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 agreement will be required;
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 $1,000,000
for personal injury and $250,000 for property damage). This policy shall name CITY and its
Encroachment Agreement No. 16 -0003
Page 3
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.
This agreement is granted pursuant to action taken by the CITY OF POWAY on the
Z 2-.& day of f'�4 c� 2016.
ACCEPTED:
OWNERS:
TECH BUSINESS CENTER VENTURES, L.P.
By
Theodore Tchang
Its: President
Approved as to Form:
Office of the City Attorney
Morgan o ey, Pity Att rney
CITY OF POWAY
l� -
-Ste en R. Crosby, P.E.
City Engineer
(Signatures must be notarized.)
Miengsery \Land Development Projects\2076\ERA16- 0003PCC Lot 6 & 7 ERA.dwx
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
�rasraxitirgrxr.�e�rsas - - - ,;rccr
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 Site'' V�r_ e 60 )
On "l l- before me, tj d to w L4'tt, 0 0 4r{
Date 14ere Insert Name and Title of the Officer
personally appeared
of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(S) whose name(s) Ware
subscribed to the within instrument and acknowledged to me that he/ape/they executed the same in
his/harAfRir authorized capacity(ift), and that by his/her /their signature(s�-on the instrument the person(s),
or the entity upon behalf of which the person(p) acted, executed the instrument.
NANCY C. LANE
Commission 8 2117988
i -a Notary Public • California =
Z San 0ie90 County
M Comm. Ex Cires Jul 26, 2019'
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
Signatur4lof Notary Public
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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: E.y4 ao Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(res) Claimed by Signers)
Signer's Name:
[:Corporate Officer — Titla(s):
• Partner — ❑ Limited ❑ General
• Individual C Attorney in Fact
• Trustee ❑ Guardian or Conservator
• Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
G Partner — ❑ Limited ❑ General
G Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
�rr _
o r aa. :rr • :rr r
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • a
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 Cal fomia )
County of San �'reQ10 )
On �h 12.9 before me, YY\o)rii <a hi1� � 00 A t� �2( C.
Date / Here Insert Name and Title of the�Ofiic —
personally appeared Ct vstx=
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.
MONICA 1. MARTINEZ
C "- $- on R 2115964
i Notery PW* - CNNorms
z Son Diego County
Cam. E Jun 18 2019+
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of Califomia that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature��
Signature of Notary Pub&
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 ❑ Attomey in Fact
❑ Trustee ❑ Guardian or Conservator
Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing
EXHIBIT ""
SITE MAP
\ 105.10'14'E
\ N0429'32 "W 105.10'
224.22
N42'09'56 "E
_ -- `' _ 76.37'
N49'09'20 "E
j \ / 160.92'
� 3 ? EX. 20' PUBLIC STORM
DRAIN EASEMENT PER
MAP NO. 13944 '
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APN: 530 - 765-16 & 17 ri
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6 i• 73.84' 67.86' i
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i R _ 270.34' _ N83'11 4
j" 31.5 31.5'J N024�459'E 59.15'
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2442 Seecco dnAvenue
Son Diego, CA 92101
Consultants, Inc. (619)232 -9200 (619)132 -9210 Fm
Z ON
f2 "W
PLAN VIEW
-100,
PERMANENT STORMWATER BMP
O ENROADWENT AREA, SEE SHEET 3
SHEET 1 OF 2
EXHIBIT "A"
I
EX. 20' PUBLIC STOR
DRAIN EASEMENT PER
MAP N0. 73944
APN: 530 - 765 -16 & 17
ENCROACHMENT--.,,,4
AREA
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CWII EngkwWmq.Effdmrms dol
Land ® 2442 SecondnAAvvenue
San Diego, CA 92101
ConsuRonts, Inc. (619)M -9200 (619)232 -9210 Fm
20 o
�W
PERMANENT STORMWATER
BMP: BIORETENTION BASIN
JK PERMANENT STORMWATER BMP
AR�FS ENROACNMENT AREA ® 211 SO FT
PLAN VIEW
7 6m,
SHEET 2 OF 2