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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.) M:\engseMLand Development Projects\2016\ERA16-0004 Voorn\Voorn ERA.docx 36.5 SOWPP— z txhibi f —141" APN : -G 7- lyyss 'froilNl.nj Roo"d Pay "+- gzo6'f 5e,4E 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