Encroachment Agreement No. 17-0001 2017-0109499RECORDING REQUESTED BY
CITY OF POWAY
AND WHEN RECORDED MAIL TO'
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY. CA 92074
J1/ -1U1 -U7
DOC# 2017-0109499
111111 (IIII IIIII�III IIII 111111 IIIII�III IIIII IIIIIIIIII Ilnl IIII IIII
Mer 09, 2017 11:53 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES 538.00
PAGES:8
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT NO 17-0001
The CITY OF POWAY (herein called CITY), does hereby grant to Neighborhood
Healthcare, owner of the property located at 13010 Poway Road, Poway, CA (herein called
PERMITTEE(S)), permission to encroach within the City's easement for the purposes of
installing and maintaining a masonry wall, concrete curbs, steps, ramp and drainage Swale,
landscaped medians, porous pavement, and a private storm drain outlet.
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 a masonry wall, concrete steps, ramp and drainage Swale, a landscape
planter, porous pavement, and a private storm drain line to be installed within the City's
easement, document number 2016-0711170 as recorded by the San Diego County Recorder on
December 28, 2016, and the City's right-of-way, according to Map No. 1375, located in front of
the subject property
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
Encroachment Agreement No 17-0001
Page 2
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 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;
Encroachment Agreement No. 17-0001
Page 3
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
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 ra ted p rsuant to action taken by the CITY OF POWAY on the
Wiz( day of t1 2017
ACCEPTED-
OWNERS- CITY OF POWAY
NEIGHBORHOOD HEALTHCARE
By- aLA'(42a-,ti
Tracy Rea en R. Crosby, P.E.
City Engineer
Its: Chief Executive Officer
(Signatures must be notarized.)
Approved as to Form:
Office of the City Attorney
Morga L)oley, City ttorney
MAengseMLand Development Prolectst20171ERA17-0007\Neighborhood Healthcare ERA.docx
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 6, 2017 before me, Nicole Murphy, Notary Public
sert name and title of the officer)
personally appeared Steven R. Crosby
who proved to me on the basis of satisfactory evidence to be the person(afwhose names) is/A;HEf
subscribed to the within instrument and acknowledged to me that he/oee/th6 executed the same in
his/hef/tWir authorized capacityaas); and that by his/4er/tbeif signatures on the instrument the
person(%); or the entity upon behalf of which the person(Seracted, 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
COMM / 2024000
Z
SAN DIEGO COUNTY
NOTARY PUBLIC -CALIFORNIA
QQ
MY COMMISSION EXPIRES
MAY 17, 2017
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 Califor is )
County of )
On beforeme, ota!
Date � ere Inse ame and the of the Officer
personally appeared C 4 11_`� rl�,(a' rin
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.
LYNN GRAYKOWSKI
Commission • 2043983
.'� . Notary Public - California i
San Diego County L
r M Comm. Expires Oct 31, 2017 It
r
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 nd and official seal.
Signature
ign to of otary Publi
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
ther
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
n other -
Signer Is Representing:
@2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
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