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Encroachment Agreement No. 18-0001 2018-0203741RECORDING REQUESTED BY: CITY OF POWAY /_11 11]49 :1 A 01 C7 :1411501 :71] :11 H 8A T -Al I a tel CITY CLERK CITY OF POWAY P O BOX 789 POWAY, CA 92074 DOC# 2018-0203741 111111111111 IIIII IIIII Ilfl 111111 IIIII IIIII IIIII VIII VIII VIII Iili IIII May 21, 2018 11:57 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $107.00 (SB2 Atkins: $75.00) PAGES: 7 (THIS SPACE FOR RECORDER'S USE) ENCROACHMENT AGREEMENT NO. 18-0001 The CITY OF POWAY (herein called CITY) does hereby give permission to Sorrento West Properties, Inc. owner(s) of 12365 First American Way, Poway, CA (herein called PERMITTEE(S)), for the encroachment of fiber optic cable within the City's Water Easement. 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. 18-0001 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 $250,000 for property damage). This policy shall name CITY and its officers, agents and employees as additional insured, and shall constitute primary insurance as to CITY and its officers, agents and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. The policy shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Encroachment Agreement No. 18-0001 Page 3 This agreement is granted pursuant to action taken by the CITY OF POWAY on the 18th day of April , 2018. SORRENTO WEST PROPERTIES, INC. a Delaware corporation By: ` r iz oseph E. Maskalenko Senior Vice President Approved as to Form: Office of the City Attorney CITY OF POWAY Steven R. Crosby, P.E. City Engineer (Signatures must be notarized.) Alan Fenstermacher, City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County (tty of - p�Y/1�71�1�[PQd ) / / On 1pjC� O) Cht/) D before me, �f% re (5• � a1'7, nl , �U�G, Date r AA Here Insert Name and Title of the�cer personally appeared Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person($ whose name* is/ag_Z subscribed to the within instrument and acknowledged to me that he/s)*/tjWy executed the same in his/l*r/thq# authorized capacity(i9d), and that by his/hgtt'/tho signature(Von the instrument the persong or the entity upon behalf of which the person0l) acted, executed the instrument. JOYCE E. ZACHMAN Notary Public -California ` San Diego County Commission a 2188751 My Comm. Expires Apr 25, 2021 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 hand and official seal. Signature & LI/P/tL nature of N& ry Public 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 Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1 • •7HAIMetej r i i Jai• v• .v • • :11 • :11 : • •: •1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE a<.aY �Ks� .a . .ml:nLa<.a .a�2.aGs�Gai.a<.a�m _a2_at.a .a .aLaL/cwaLaL/aL/c�t at c�La -a .a�'.�<.a .a•.a .gLcwcX.a..w s��. 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 of Signer(s) who proved to me on the basis of satisfactory evidence to be the—,person(s) whose name(s) Ware b ribed to the within instrument and acknowledged to me that h( she/they executed the same in hi /her/their authorized capacity(ies), and that by4hipher/their signature(s) on the instrument the person(s), r 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 vOA-A-¢-:0J 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: C.Fl I Y' ODD I Document Date: Number of Pages: 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 Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: (-✓S'✓✓<'•✓i ✓{'✓Tei.'x -ev✓:i-'�S.e�S'•✓:v:'b:'✓✓Tv 'vt'ei v o� O 1 . . . . . ✓ab z a aL :11 • : 11 L L• 1 PROPERTY i FHII B -- --- W --------- �/ i I y 3 I I 0 AFH 2 ENCROACHMENT -.J �_20- 1 3 D AREAS 1 1 SEE SHEET 2 i I 1 Iv i B GENERAL ATOMICS w 12365 FIRST AMERICAN WAY I I EXIST. BLDG. 1 I I l v 1 EASEMEN j I I ❑A EXIST. PUBLIC WATER EASEMENT I A I I PER DOC. NO. 2001-0533847 1 I REC. JULY 31, 2001 I j © EXIST. GENERAL UTILITY EASEMENT I I 3 I PER TM 87-13-3, MAP 13410 I APRIL 8, 1997 r, ---� _w_- ------ w --- iv ( SCALE: 1"=50' 100 PROPERTY LINE TRENCH LOCATION; 2-4" CONDUIT 2 TRENCH LOCATION; 4-4" CONDUIT 3 EXISTING WATERLINE WILL NOT BE ENCASED IN CONCRETE EXIST. 20' PUBLIC WATER LINE EASEMENT PER DOC. NO. 2001-0533847, REC. 7/31/2001 I I POTHOLE EXIST. I I EXIST. A.C. PVMT, WATER r-- ----------------------- ---; EXIST. 8" WATER N SLURRY I Z_ I - �� BACKFILL DUCT BANK SECTION A -A SCALE: 1 "=5' BACKFILL TO REPLACE WITH 4" MIN, OF 90% MIN. A.C. PVMT. COMPACTION /-EXIST. A.C. PVMT. Lo EXIST. 8" WATER MAIN NOTE: SEE RECORD DRAWINGS PUBLIC WATER MAIN REF. NO. \/ 801-01-414 FOR WATERMAW ELEVATION MAINTAIN 12" MIN. 4r4" CONDUIT OR 2-4" CONDUIT CLEAR TO ALL �\/ \\/\\// //\� COVERAGGE, SEEUNOTEW UTILITY LINES Q3 , SHEET 1 .� 2' MAX. SECTION B -B TRENCH DETAIL AT WATER MAIN NOT TO SCALE