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Encroachment Agreement No. 20-0001 2020-0270368RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074 DOC# 2020-0270368 1111111111111111111111111111111111111111111111111111111 11111III/1111 May 28, 2020 01:21 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $32.00 (SB2 Atkins: $0.00) PAGES: 7 (THIS SPACE FOR RECORDER'S USE) APN: 278-441-05 ENCROACHMENT AGREEMENT NO. 20-0001 The CITY OF POWAY (herein called CITY), does hereby grant to Capon Family Living Trust, dated March 23, 2016, owners of the property located at 15835 Riparian 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 275 square feet of pavers to be installed within the City's right- of-way. 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; n Encroachment Agreement No. 20-0001 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. Encroachment Agreement No. 20-0001 Page 3 This Agreement is granted pursuant to action taken by the CITY OF POWAY on the i1.a day of 01 , 2020. OWNER: Capon Family Living Trust, dated March 23, 2016 CITY OF POWAY By: Step M. Capon, Trustee e By: ayla ie P. Capon, Tr tee Approved as to Form: Office of the City Attorney City Engineer (Signatures must be notarized.) Alan Fenstermacher, City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 1,,Mat.treo._ . a.C4a vc wc w 'w,i , w;va^.• .. w•a,� w• a _ca• si = N` Aft. _v, _ai,• n 0 a,.a/.a,. _wV w w 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 Sct n`-eC� 0 ) On Lj /-2-1 -2-0 before me, t'•Cr) Cci C .P kI'2U I1C fi/ Iwlurcotary Public, S I + Here Insert Name and Title of the Offic r S personally appeared -� h -e17 - Catpon Nam J) of Signer(s) Date who proved to me on the basis of satisfactory evidence to be the person whose name(*) is/t'e subscribed to the within instrument and acknowledged to me that he/spfe/t y executed the same in his/h /tKir authorized capacity(ig8 , and that by his/hpr/t1;16r signature(p on the instrument the person), or the entity upon behalf of which the person(g) 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. KENIA CIBAROGULLARI Notary Public - California San Diego County Commission a 2235650 My Comm. Expires Mar 24, 2022 Place Notary Seal Above WITNESS my hand and official seal. Signatures L CUt Signature of Not 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: f ryrbetChinelAf jreef-net/24' Document Date: Li/2- ! 2CM Number of Pages: 5— Signer(s) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ndividual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ❑ Corporate Officer — Title(s): ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ✓ lrs�• , wtAre. ate- w< 11,6,,e, .o,. CIVIL CODE § 1189 snQ wtfriV/43. - , m.VR cid ..w, adNt • w 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 .CCA( / &-0 ) before me, E&l.Z7!1/ - Uti.-vM —� On Afg- 1 1{I o 2.6 Date r ere Insert Name and Title of the Officer personally appeared \--) e Notary Public, Name(s) of-Signer(s) --- - who proved to me on the basis of satisfactory evidence to be the person(,) whose name(5 is/atm subscribed to the within instrument and acknowledged to me that-kre/she/t44ey executed the same in his/her/their authorized capacity( s), and that by 1403/her/tit—tr. signature( on the instrument the person(d), or the entity upon behalf of which the person(4 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. re-;,Jii......11.4. l � ELIZABETH L. BLOOM y am•.: Notary Public - California i:^lts .‘'..e ,San Diego County " �:",3 % -� Commission #2291507 My Comm. Expires Jul 1, 2023 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL gnature 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: 4'C Atr Gle1 EAte Document Date: 1'/'m r L -2-6..2-6 Number o Pages: Signer(s) Other Than Named Above: E�6:--A/e---74r'ov/ A eceeo Capacity(ies) Claimed by igner(s) Name: <//1-.4(4f-/ e�'� Pe>// ❑ Corporate Officer — Title(s): ❑ Cor-p-drateOfficer — Title(s): "Signer's Name: ❑ Partner — ❑ Limited ❑ General XIndividual El Attorney in Fact ❑Individual ❑ • ney in Fact Trustee El Guardian or Conservator CI Trustee CI Guardi. •r Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ❑ Partner — ❑`L7 •'ted El General ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 r.�,cr..c�,c�,�',crc��',c:rc:f�F�`,c:l��,c�,cr•,c�.c�F-,cY';c:A�,crcid`,�:<�-,c;•cc:r.,c��`,c:c•,e-mc:�.v�,f-i�,c;r,�=o-c�P,�;crc� 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 March 10, 2020 before me, Date personally appeared Yvonne Mannion Notary Public Melody Rocco Here Insert Name and Title of the Officer 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. YVONNE MANNION Notary Public - California San Diego County n` Commission # 2201766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above WITNESS my hand and official seal. qqi Signature lv i/V ►'11Le. 4714; .3 Signature of Notaty 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: Encroachment Agreement No. 20-0001 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General 0 Individual ❑ Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 15834 15814 Riparian Rci 15855 15835 co's�,�.. 'lam Riparian foci Print Date: 3/3/2020 15835 Riparian Road h �Gor�TN��ic.. C�ve-C'S Map Scale: 1 inch = 50 feet Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification.