Encroachment Agreement No. 18-0018 2018-0516100RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
DOC# 2018-051610
1111111111111111111111111111111111111111111111111111111111111111111111
Dec 17, 2018 01:19 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $182.00 (S82 Atkins: $150.00)
PAGES:7
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT NO. 18.0018
The CITY OF POWAY (herein called CITY), does hereby grant to the Heritage Custom
Estates Association, owners of the private roads Cascade Crossing and Old Coach Drive,
located in Poway, CA (herein called PERMITTEE(S)), permission to encroach within the City's
right-of-way and utility easement for the purposes of installing entryway pavers.
The limits of said encroachment are as shown on Exhibits A and B, attached hereto and
made a part hereof, and described as the construction, installation, maintenance, repair and as -
needed reconstruction of approximately 12,000 square feet of pavers to be installed within the
City's right-of-way and utility easement, according to Subdivision Map No. 13708 as recorded by
the San Diego County Recorder on December 17, 1998.
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 and 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 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 and easement;
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. 18-0018
Page 2
5. Only those utilities or improvements described above are permitted along or
across the right-of-way and easement. 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 and 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 right-of-way and 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 right-of-way and 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 right-of-way and
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 right-of-way and 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 right-of-way and 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
Encroachment Agreement No. 18-0018
Page 3
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.
This agreement is granted pursuant to action taken by the CITY OF POWAY on the
a + "'� day of tvOV L" M aC-9-, , 2018.
OWNERS: Heritage Custom Estates Association CITY OF POWAY
By: 'v
Sridhar Gopalakrishnan Melody R6cco, P.E.
Acting City Engineer
Its: President
(Signatures must be notarized.)
Approved as to Form:
Office of the City Attorney
At
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 San Diego )
On November 27, 2018 before me, Yvonne Mannion Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Sridhar Gopalakrishnan
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(sj whose name(s)-is/afer
subscribed to the within instrument and acknowledged to me that he/sheftheyexecuted the same in
his1I aw/Shetr authorized capacity(ies)r and that by his/ber/Sheir signature(s) on the instrument the
person(-,;)-, or the entity upon behalf of which the person(s) acted, executed the instrument.
YVONNE MANNION
111 Notary Public -California
< i San Diego County
Commission M 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 Nnn
VNI Signature of Notary Public
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: Encroachment Agreement No 18-0018
Document Date: November 27 2018 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
R Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
I-1 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 § 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 San Diego )
On November 27. 2018 before me, Yvonne Mannion Notary Public
Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(sy whose name(sy Ware -
subscribed to the within instrument and acknowledged to me that hefshe/they executed the same in
t ls/her/th6ir authorized capacity(Les); and that by homer/tWr signature(syon the instrument the person(3),
or the entity upon behalf of which the persoq*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
My comm. Expires Jun 18,2021 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: Encroachment Agreement No 18-0018
Document Date: November 27, 2018 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
F1 Other:
Signer Is Representing:
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02016 National Notary Association • www.NationaiNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907
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14245
Exhibit A
�,\-- Intersection of Old Coach Road with Cascade Crossing
Heritage Custom Estates Association
Print Date: Map Scale:
11/7/2018 1 inch = 68 feet
msdarmer: Map andarcd data are beneven to be areorat, but Is not -------rss norar Idacumenrand should not be subsnNb;d rot a bne searcba rarsar surrc wror mmn verrnonon.