Encroachment Agreement 17-0005 2017-0386279RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P 0 BOX 789
POWAY, CA 92074
DOC# 2017-0386279
Illllllllllllllllllllllllllllllllllllllllllllllllllliillllllllllllllll
Aug 24, 2017 09:44 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES. $30.00
PAGES: 6
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT NO. 17-0005
The CITY OF POWAY (herein called CITY), does hereby grant to Richard J Jr. and
Leslie C. Busch, owners of the property located at 14446 Trailwind Road, Poway, CA (herein
called PERMITTEE(S)), permission 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 the construction, installation, maintenance, repair and as -needed
reconstruction of approximately 420 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 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 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 consent
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 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 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 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;
Encroachment Agreement No. 17-0005
Page 2
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 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 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 $60,000 for property damage). This policy shall
Encroachment Agreement No. 17-0005
Page 3
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 a reement is gr nted pursuant to action taken by the CITY OF POWAY on the
C7 day of 605 2017.
ACCEPTED:
OWNERS:
CITY OF POWAY
By: Akali%�� �'✓_ Aw"x
Richard J. Busch, Jr. t 6`R. Crosby, P.E.
City Engineer
By:
Leslie C. Busch
(Signatures must be notarized.)
Approved as to Form:
Office of the City Attorney
I . LJAIUM
Morg J"
Cit Attorney
• -NIA ALL-PURPOSE ACKNOWLEDGMENT• 1
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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 Sk )
OnaA/iiA, , Am
ull before me, ,�'✓omrUF Ati1rJit, A)DTff1Z,l ?"bli
13 —Date Here Insert Name and Title of the Offic r
personally appeared h'1(harCl 13(,Aiieh 1Ubi k¢.Sue C - L7,uoh
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),X/are
subscribed to the within instrument and acknowledged to me that [*sjle/they executed the same in
his/het/their authorized capacity(ies), and that by F)Wbw/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
YVONNE MANNION WITNESS my hand and official seal.
Notary Public -California
San Diego County
Commission 12201766
My Comm. Expires Jun 18,2021 Signature On41 /J
Signature of Notary Public
Place Notary Seal Above
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: ('\(ro r%MeAt Ar^reODIV at A)O MOODS
Document Date: Mu AOIAiit Number of Pages:
Signer(s) Other Than Name Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ OthPr,
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:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
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 Ani il i Pa o )
On L" Q3 aallbefore me, �IIunrnne Ai.)A)i0,-i e (�DtglU i4k(_
Date Here 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) 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.
YVONNE MANNION
Notary Public - California
San Diego County
Commission 12201766
My Comm. Expires Jun 18, 2021
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 �=fMot��
SignatuPublic
Place Notary Seal Above
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: kncrov.chrYme kAgfeomen;L Nb• 1'1 -DO c75
Document Date: Number of Pages:
Signer(s) Other Than amed 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 Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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Page 1 of 1
San Diego County
I III II I I I VIII VIII II II VIII II I
III) III
Transaction #: 2656934
—
Receipt#: 2017242377
Ernest J. Dronenburg, Jr.
Assessor/Recorder/County Clerk
1600 Pacific Highway Suite 260
Cashier Date: 08/24/2017
Print Date: 08/24/2017 9:44 am
San Diego, CA 92112-1750
Cashier Location: SD
Tel. (619) 238-8158 Fax (619) 557-4155
www.sdarcc.com
Payment Summary
Total Fees: $30.00
Total Payments:
$30.00
Balance:
$0.00
Payment
CASH PAYMENT
$30.00
Total Payments
$30.00
Recorded Item
OFFICIAL RECORD -1
Document #: 2017-0386279 Date: 08/24/2017 9:44AM
Pages: 6
Fees: Recording
$30.00
Total Fees Due:
$30.00
Grand Total - All Documents:
$30.00
Page 1 of 1