Encroachment Agreement No 18-0017 2018-0394028RECORDING REQUESTED BY:
(;( CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P 0 BOX 789
POWAY. CA 92074
DOC# 2018-0394028
Sep 20, 2018 02:23 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. 18-0017
The CITY OF POWAY (herein called CITY), does hereby grant to the Mullin Trust, dated
May 01, 1990, owners of the property located at 13648 Del Poniente 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 220 square feet of pavers to be installed within the City's right-
of-way, according to Subdivision Map No. 9071 as recorded by the San Diego County Recorder
on January 3, 1979.
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, 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 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 resulting from future operation of the CITY's facilities by CITY within the
right-of-way;
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. 18-0017
Page 2
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 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 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
Encroachment Agreement No. 18-0017
Page 3
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 agreement is granted pursuant to action taken by the CITY OF POWAY on the
lc�fe day of Se�fe,br✓ 2018.
OWNERS: Mullin Trust,
dated May 1, 1990 CITY OF POWAY
By
n R. Mullin, Trustee Melody Rk6o, P.E.
Acting City Engineer
B
Susan H. Mullin, Trustee
(Signatures must be notarized.)
Approved as to Form:
Office of the City Attorney
Alan Fenstermacher, City Attorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
r .a<.a
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 )
On4Se, nt A 14- r e2olY before me, _Yvonne Mannion Notary Public
DateHere Insert Name and Title of the Officer
�O
personally appeared �hA II rx/1 LLLU,1 6Ad Au.< 1 H. /11uL Ln
Name(s) 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 f
Commission a 2201766
My Comm, Expires Jun 18, 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 ai to
Signature of Notary Public
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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: EACrOaCh/11BAt il4 enmo_ys1- 00, 1 X —0OI'
Document Date: LI I u gaol A —�— Number of Pages:
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:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
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 SQsatTbei l4 raoif before me, Yvonne Mannion Notary Public
Date Here Insert Name and Title of the Officer
personally appeared )eoCcu
Name(s) 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
€ i• San Diego County
Commission # 2201766
My Comm. Expires Jun I & 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 m,' t".j
Signature of Notary 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:
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:
02016 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
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