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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: .�-e,�.�z=w�w�:e��w�^�2:'�.���z.`R=r,`*�ev��,`w�ur✓��=�ce��c�.�v�z 02016 National Notary Association • www.NationaiNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 e -�j1 EaiseMen4- 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.