Encroachment Agreement No. 16-0004 2017-0137411G_r
RECORDING REQUESTED BY
CITY OF POWAY
AND WHEN RECORDED MAIL TO'
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
278-438-67
DOC# 2017-0137411
111111 IIIA VIII VIII IIII III III VIII VIII IIII II III VIII VIII II II IIII
Mar 27, 2017 04.26 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $30.00
PAGES. 6
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT NO. 16-0004
The CITY OF POWAY (herein called CITY) does hereby give permission to Voorn Family
Trust 01-30-06 owner(s) of 14453 Trailwind Road, Poway, CA (herein called PERMITTEE(S)), to
encroach within the City's Right -of -Way for the purposes of installing driveway pavers.
The limits of said encroachment are as shown on Exhibit A, attached hereto and made a part
hereof, and described as follows: the construction, installation, maintenance, repair and as -needed
reconstruction of approximately 440 square feet of pavers to be installed within the City's right-of-
way, according to Map No. 11361 (City of Poway Tract 4091-R).
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 right-of-way and 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 right-of-way and easement in said lands,
and nothing contained herein shall be deemed a representation by CITY of the right to grant a right-
of-way or 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
right-of-way and easement resulting from future operation of the CITY's facilities by CITY within
the right-of-way and 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 right-of-way and easement. If other utilities or improvements are proposed, an additional
encroachment removal agreement will be required;
Encroachment Agreement No. 16-0004
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 right-of-way and 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 right-of-way and 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 right-of-way and 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 right-of-way and 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 right-of-way and 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 right-of-way and easement, sufficient
Liability Insurance covering all bodily and property damage arising out of this permit
(at least $1,000,000 for personal injury and 660,000 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. 16-0004
Page 3
This ^ag�reement is granted pursuant to action taken by the CITY OF POWAY on the 16 4A
day of das 20/7
Property Owner(s):
Voorn Family Trust 0 1 -30-06
By -
Paul Voorn, Trustee
By
�S cey V r , Trustee
Approved as to Form:
Office of the City Attorney
CITY OF POWAY
ven R. Crosby, P E.
City Engineer
(Signatures must be notarized.)
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ACKNOWLEDGMENT
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 San Diego
On March 16,2017
before me, Nicole Murphy, Notary Public
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to tie the person(.5) whose name(PI Is/
subscribed to the within instrument and acknowledged to me that he/sbd/thtfy executed the same in
his/hAr/the9r authorized capacity(ie4, and that by his/h€rWeir signature(a) on the instrument the
person( or the entity upon behalf of which the person(s) acted, executed the instrument
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.
NICOLE MURPHY
ZOA4=_t&,
COMM M 2024000
SAN DIEGO COUNTY
NOTARY PUBLIC -CALIFORNIA Z
MY COMMISSION EXPIRES
MAY 17, 2017
ACKNOWLEDGMENT
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 San Diego )
On March 16,2017
before me, Nicole Murphy, Notary Public
(insert name and title of the officer)
personally appeared in
who proved to me on the basis of satisfactory evidence to be the person ) whose name(s) ' are
subscribed to the within instrument and acknowledgeq to me that h'q,/shy/they executed the same in
"r/their authorized capacity(ies), and that by Hl"r/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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.
(Seal)
NICOLE MURPHY
Z COMM #2024000
SAN DIEGO COUNTY
1 NOTARY PUBLIC -CALIFORNIA
MY COMMISSION EXPIRES
MAY 17, 2017