Encroachment Agreement No. ERA18-0011 2018-0292424RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
DOC# 2018-0292424
1111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIAVIIIVIIIIIIIIIII
Jul 18, 2018 01:38 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $104.00 (SB2 Atkins: $75.00)
PAGES:6
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT NO. ERA18-0011
The CITY OF POWAY (herein called CITY) does hereby give permission to Thibodeaux
Family Trust 03-07-17, (herein called PERMITTEE) owners of the following described real property
in the City of Poway, County of San Diego, State of California, described as follows:
Lot 32 of County of San Diego Tract 3842-1, in the City of Poway, County of San Diego,
State of California, according to Map thereof 9620, filed in the Office of the County
Recorder of San Diego County, April 15, 1980
to encroach within the City's right-of-way for the purposes of constructing driveway pavers. The
limits of said encroachment are as shown on Exhibit "A", attached hereto and made a part hereof,
and described as driveway pavers.
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 right-of-way, 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 right-of-way in said lands,
and nothing contained herein shall be deemed a representation by CITY of the right to grant a
right-of-way 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 resulting from future operation of the CITY's facilities by CITY within the right-of-way;
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 right-of-way. If other utilities or improvements are proposed, an additional encroachment
removal agreement will be required;
Encroachment Agreement No. ERA18-0011
Page 2
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 right-of-way 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 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 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, 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 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, 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. ERA18-0011
Page 3
This agree'rpeqt is granted pursuant to action taken by the CITY OF POWAY on the
3ral day of JWN 20 18
PROPERTY OWNERS Thibodeaux Family Trust 03-07-17
M
Ka Yan Lam,
By: P r 7 Llig
ichael D i hibodeaux, Trustee bate
CITY OF POWAY
7/9
Date
Steve Crosbv, PE
(Signatures must be notarized.)
Approved as to Form:
Office of the City Attorney
d&%1—k—
Alan
Fenstermacher, City Attorney
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 California
County of SoLyl bI' er
On TU I u 3 r 70) g before me, La -+V11 te_n Gn�
- Date Here Insert Name and Title of Me Officer
personally appeared Ya n Lars "J AA rA0_el fJavfd TGIibc dPa%jX
Namebof Signer(
who proved to me on the basis of satisfactory evidence to be the perso whose nam are
subscrib to the within instrument and acknowledged to me that hefs#e t� xecuted the same In
heir uthorized capacitye , and thatb 4Wl4er/ eir ignaturej on the instrument the persor D
or the entity upon behalf of which the person Xacted, 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.
KATHLEEN GRAY
Co•Knkabn M 2106913 WITNESS my hand and official seal.
`a W Notary Publlc - Californla i
San Diego County np
My Comm. Expires Apr 14, 2019 P Signature
Signature of Notary P is
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:
Number of Pages: Signer(s)
Document Date:
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
rl Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
F1 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 San Diego )
On -J tn_IAl 1 Qol $ before me, Yvonne Mannion Notary Public
IDate _ 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 MANNION
Notary Public - California
San Diego County
Commission x 2201766
My Comm. Expireslun 16, 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.
Signatu7 , re h:L ; �
Signature of No ry 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:
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EXHIBIT A
NORTH 13246 LOMAS VERDE DRIVE
POWAY, CA 92064
N.T.S APN: 273-900-32-00