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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 L!tl sv i %rl --%j DETAIL "B" DETAIL"C" — 1 DETAIL "D" DETAIL "E" EX. CURB (U U T-rr'i ,i7 -777Y �r.• ] P.C.C. DRAINAGE SWALE PARCEL 1 PM 1375 OUSENT Fm DETAIL "B" DETAIL"C" — 1 DETAIL "D" DETAIL "E" EX. CURB (U U T-rr'i ,i7 -777Y �r.• ] P.C.C. DRAINAGE SWALE PARCEL 1 PM 1375 .. r, r, , I HJT :Z7 I I –�--p-— --- — — — —JT-- � I I I I I SCALE. 1'=60' I I p. I x . WATER LINE EASEMENT PER DOC. I as I NO 2016-0711170 z I I DETAIL "A" I I I I I Av /?/J I I I I I STORM DRAIN OUTLET I I -LJZ,5 J C? LIMIT OF PROPOSED STREET WIDEN/NG PER PM 1375 — — POWAY ROAD o EX. CURB F"NGINEERIN(' 6144 VERDA LANE I EXHIBIT "A" ERA 19 C(-)'NsuI:11° SAN DIEGO, CA 92130 DR/MDRA 16-005 JAPN 317-101-01 Guoul' P:858-259-4711 I VARIANCE 16-003 ISHEET 1 Ul- \ / A P.C.V. CURg/ \� \ ' /v_ Y v \ \!\ v C P.C.C. \ \\�! DRAINAGE \/\ /\ SWALE WATER LINE IVVVVWW / \ \ EASEMENT 14�4\4U\ / / / LANDSCAPE PER DOC. NO. / MEDIAN \ 2016-0711170 DETAIL A 1" = 1o'-0" 1 DRAINAGE SWALE i\ \ WATER LINE EASEMENT LIGHT 8 STD W /PER DOC. NO \\ POROUS \/ / 2016-0711170 PAVEMENT / /\/\/\/\/\/\/\/\X \/\/ \/ / \ \ DETAIL B _ POROUS T� / \ PAVEMENT \ P C.C. CURB LIGHT 8 STANDARD WATER LINE EASEMENT %\ /\ /\ PER DOC. NO. / ^{ 2016-07 11170 / / LAN CAPE MEDIAN /\ DETAIL C 1" =1 o' -o" 1=nciNia:R]N(; 6144 VERDA LANE, EXHIBIT "A" ERA &NSUUmG SAN DIEGO, CA 92130 DR/MDRA 16-005 JAPN 317-101-01 CROUP P:858-259-4711 VARIANCE 16-003 ISHEET 2 UF 5 POROUS / PAVEMENT P C.C. CURB LIGHT 8 STD WATER LINE EASEMENT PER DOC. NO / 2016-0711170 1" = 10'-0" PAVEMENT P C.C. CURB --71LANDSCAPE yy�_,. MEDIAN'�-IVV\ WATER LINE / L EASEMENT PER DOC. NO 2016-0711170 LANDSCAPE / MEDIAN P C.C. WALKWAY P C.C. STAIRS MASONRY RETAINING WALL P C.C. WALKWAY DETAIL E 1" = 10,_0„ ENGINEERING 6144 VERDA LANE, EXHIBIT "A" ERA CONSULTING SAN DIEGO, CA 92130 DR/MDRA 16-005 JAPN 317-101-01 CkGUI' P:858-259-4711 1 VARIANCE 16-003 1 SHEET 3 OF 3