Encroachment Agreement No. 18-0007 2018-0292433RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P 0 BOX 789
POWAY, CA 92074
DOC# 2018-0292433
111111 VIII VIII VIII IIII 111111 VIII VIII VIII VIII VIII VIII IIII IIII
Jul 18, 2018 01:40 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $107.00 (SB2 Atkins: $75.00)
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT NO. 18-0007
PAGES:7
The CITY OF POWAY (herein called CITY) does hereby give permission to Sorrento West
Properties, Inc. owner(s) of 14118 Stowe Drive, Poway, CA (herein called PERMITTEE(S)), to
encroach within the City's Water Easement for the purposes 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. 18-0007
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. 18-0007
Page 3
This agreement is granted pursuant to action taken by the CITY OF POWAY on the
)Jct day of Tinn0 2018.
SORRENTO WEST PROPERTIES, INC.
a Delaware corporation
By: /� 11
Jo eph E. Maskalenko
Senior Vice President
Approved as to Form:
Office of the Qy Attorney
Alan
CITY OF POWAY
teven R. Crosby, P.E.
City Engineer
(Signatures must be notarized.)
• -NIA ALL-PURPOSE ACKNOWLEDGMENTCODE § 1189
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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 San p1;�)0 )
On 42 / 1511 8 before me, J 0 t1ce- z o -ch »nqn., o*q RW7l C
Date Here Insert Name and Title of the Officer
personally appeared Jczseph �. 0166 MIenko
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(A) whose name(jr) is/afe
subscribed to the within instrument and acknowledged to me that he/she/tw executed the same in
his/rW/th)jr authorized capacity(i%), and that by his/tyjr/t"r signature(* on the instrument the person*,,
or the entity upon behalf of which the person(W acted, 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.
JOYCE E. ZACHMAN
WITNESS my hand and official seal.
Notary san Diego
iffy z
San Diego County
Commission #2188751 Signature
My Comm. Expires Apr 25, 2021
Signature o Notary Public
Place Notary Seal Above
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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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CALIFORNIA..
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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 W A e, I ° at)1 ' before me, Yvonne Mannion Notary Public
Date Here Insert Name and Title of the Officer
personally appeared (%_ sje n G✓oS 6W
Name(s) o Signer(s)
who proved to me on the basis of satisfactory evidence to be the son(a) whose names) is/ re
subscribed to the within instrument and acknowledged to me that e/s a/they executed the same in
Q her/their authorized capacity(ies), and that b aii her/their signatur on the instrument the person(s),
or the entity upon behalf of which the personfs) acted, 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.
YVONNE MANNION WITNESS my hand and official seal.
Notary Public - California
San Diego County
Commission a 2201766 Signature VOA-—-n.h1.,J
My Comm. Expires Jun 18, 2021
Signature of Notary Public
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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:
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:
RNOW.201tre M111101• • • • • • • :11 • :11� •1•
EASEMENTS
❑A EXIST. PUBLIC WATER EASEMENT
PER DOC. NO. 2000-0680021
RED. DEC. 14, 2000
Q8 EXIST. GENERAL UTILITY EASEMENT
PER TPM 99-07, PARCEL MAP
18491, REC. JUNE 14, 2000
NOTES
1� EXISTING WATERLINE WILL NOT
BE ENCASED IN CONCRETE
2O TRENCH LOCATION
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0 100 200
SCALE: 1"=100'
( LINE
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D 102'
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OACHMENT I
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A GENERAL ATOMICS
14118 STOWE DR.
EXIST. BLDG.
(A37)
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IPARCEL 3
L PA, 18491
r APN 323-092-34
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PROPERTY LINE i 1
J I
STOWE DRIVE
EXIST. 20' PUBLIC WATER LINE EASEMENT
PER DOC. NO. 2000-0680021, REC. 12/14/2000
10' 10'
WATER LE EXIST. i / EXIST A C PVMT
M I EXIST. 8" WATER
— "I SLURRY a
---� BACKFILL
DUCT BANK
SECTION A -A
SCALE: 1"=5'
BACKFILL TO REPLACE WITH 4"
MIN. OF 90� MIN. A.C. PVMT.
COMPACTION -SEXIST. A.C. PVMT.
+I
Lo " EXIST. 8" WATER MAIN
NOTE: SEE RECORD DRAWINGS
PUBLIC WATER MAIN REF. NO.
801-01-403 FOR
WATERMAIN ELEVATION
MAINTAIN 12" MIN.
2-4" CONDUIT
CLEAR TO ALL ENCASED IN SLURRY WITH MIN. 3"
UTILITY LINES COVERAGE, SEE NOTE(D. SHEET 1
2' MAX.
SECTION B -B
TRENCH DETAIL AT WATER MAIN
NOT TO SCALE
[EXHIBIT A APNC323-092-34491 2 OF 2