Encroachment Agreement No. 18-0002 2018-0196991RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P 0 BOX 789
POWAY, CA 92074
DOC# 2018-0196991
111111 II II I I III I II II I I III 11111111111 II III I IIA VIII VII I VII I II II I I II
May 16, 2018 12:01 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $110.00 (SB2 Atkins: $75.00)
PAGES:8
(THIS SPACE FOR RECORDER's USE)
ENCROACHMENT AGREEMENT NO. 18-0002
The CITY OF POWAY (herein called CITY) does hereby give permission to Sorrento West
Properties, Inc. owner(s) of 12395 First American Way, Poway, CA (herein called PERMITTEE(S)),
to encroach within the City's Water Easement for the purposes of an electrical conduit for an
outdoor modular power unit. The limits of said encroachment are as shown on Exhibit A, attached
hereto and made a part hereof.
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 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 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 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 easement. If other utilities or improvements are proposed, an additional encroachment
removal 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;
Encroachment Agreement No. 18-0002
Page 2
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;
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 $250,000 for property damage). This policy shall
name CITY and its officers, agents and employees as additional insured, and shall constitute
primary insurance as to CITY and its officers, agents and employees, so that any other policies
held by CITY shall not contribute to any loss under said insurance. The policy shall provide
for thirty (30) days prior written notice to CITY of cancellation or material change.
Encroachment Agreement No. 18-0002
Page 3
This agreement is granted pursuant to action taken by the CITY OF POWAY on the
5th day of April , 2018.
SORRENTO WEST PROPERTIES, INC.
a Delaware corporation
By:
J eph E. Mask lenko
Senior Vice President
Approved as to Form:
Office of the City Attorney
CITY OF POWAY
even R. Crosby, P.E.
City Engineer
(Signatures must be notarized.)
Alan Fenstermacher, City Attorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County
�off San Pj eAb ) /
On _f�kl� (_5, 0101—before me, P��Gl1rY! 1
Date Here Insert Name and T le of the Cificer
personally appeared .4s/W +9f1A0
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(jo whose name($) is/00
subscribed to the within instrument and acknowledged to me that he/sm/thtay executed the same in
his/tVr/th}Qr authorized capacity(igg), and that by his/hAp/their signature($ on the instrument the personX,
or the entity upon behalf of which the person($) acted, executed the instrument.
'OC''
ZACHMAN
Notary Public -California
San Diego County
Commission M 2188751
My Comm. Expires Apr 25, 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
i nature of N ry Public
Place Notary Seal Above
OPTIONAL
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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(les) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
F-1 nrhar-
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
n nthPr, -
Signer Is Representing:
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RNIMILIFIlroWN• • • • • •••• :11 • :11 •: '1
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 San Diego )
On before me, Yvonne Mannion Notary Public ,
Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of
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 MANNIDN
Notary Publlc - California
San Diego County
Commission M 2201766
My Comm. Expires )un 16, 2021 r
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 k luo ti oxo
LIN 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:
Document Date:
Signer(s) Other Than Named 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
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
TOAL ENGINEERING, INC.
139 AVENIDA NAVARRO
SAN CLEMENTE, CALIFORNIA 92672
(949) 492-8586
FAX (9491 498-8625
EXHIBIT A
Electrical Easement Crossing
General Atomics
123951 sl American Way
Poway, California
20' WIDE EASEMENT FOR GENERAL
UTILITY, STORM DRAIN, 20' WIDE WATER
AND DRAINAGE, SEWER, PEDESTRIAN
TRAIL AND INCIDENTAL PURPOSES AS
SHOWN AND DEDICATED ON PARCEL MAP
18003 TO THE CITY OF POWAY, DATED
MARCH 31, 1998.
JOB 17193
SHEET NO. I OF V
CALCULATED BY LLC DATE 03/02/2018
CHECKED BY-= DATE
SCALE
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TOAL ENGINEERING, INC.
139 AVENIDA NAVARRO
SAN CLEMENTE, CALIFORNIA 92672
86
FAX9)498
9(949 58625
EXHIBIT A
Electrical Easement Crossing
General Atomics
12395 1 st American Way
Poway, California
EASEMENT FOR GENERAL UTILITY,
STORM DRAIN, 20' WIDE WATER AND
DRAINAGE, SEWER, PEDESTRIAN TRAIL
AND INCIDENTAL PURPOSES AS SHOWN
AND DEDICATED ON PARCEL MAP 18003
TO THE CIN OF POWAY, DATED MARCH
`'31, 1998.
i
■0Illy\I11111
SHEET N0. 2 OF 3
CALCULATED BY LLC DATE 03/01/2018
CHECKED BY ---=- DATE
\ N 72'30'45" '
24,6411
N 53'12'52" W '
CL PROPOSED ELECTRICAL
CONDUIT RACEWAY
7.00'
APN 323-480-11
cB67
----------• EASEMENT LIMITS
MENCROACHMENT
AREA
SCALE: 01"=20'
S 53'12'52"
8.62'_.
S 72'30'45" W
24.64'
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0
line —
N 86'14'00" E 82.37
N 86'14'00" E 180.00'--
TOAL ENGINEERING, INC.
139 AVENIDA NAVARRO
SAN CLEMENTE, CALIFORNIA 92672
(949) 492-8586
FAX (949) 498-8625
EXHIBIT A
Electrical Easement Crossing
General Atomics
12395 1st American Way
Poway, California
aoe 17193
M149
OF.
CALCULATED BY AMS DATE 03/01/2018
CHECKED BY - DATE
20' WIDE UTILITY EASEMENT DEDICATED TO CITY OF POWAY
ON PARCEL MAP 18003, DATED MARCH 31, 1998
EXIST. A.C.
POTHOLE EXIST. WATER MAIN PAV'T
I EXIST. 8" I is
+�SLURRY M
WATER MPJN * BACKFILL
3I `� CONDUIT RACEWAY
SECTION A -A
TRENCH DETAIL AT WATER MAIN
NOT TO SCALE
SAWCUT AND REMOVE
EXIST. PAVING AND
EXIST. A.C. PAV'T REPLACE PER SAN EXIST. A.C. PAV'T
DIEGO REGIONAL STD.
DWG. G-24 TYPE A
17 BACKFILL TO 90%J
COMPACTION EXIST. 8"
WATER MAIN
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