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Encroachment Agreement No. 20-0002 2020-0449472RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074 DOC# 2020-0449472 11111111111111111111111III 111111111111111111111Mill 11 Aug 12, 2020 10:28 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $29.00 (SB2 Atkins: $0.00) PAGES: 6 (THIS SPACE FOR RECORDER'S USE) APN: 275-352-04 ENCROACHMENT AGREEMENT NO. 20-0002 The CITY OF POWAY (herein called CITY), does hereby grant to Philip and Judith J. La Barbera, owners of the property located at 12834 Indian Trail Road, Poway, CA (herein called PERMITTEE(S)), permission to encroach within the City's easement for the purposes of installing a removable fence and gate. 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 30 linear feet of metal fence with posts to be installed within the City's easement. Said permission is given subject to PERMITTEE, its heirs, successors or assigns, by accepting the same, agreeing to the following conditions: 1. PERMITTEE shall provide a survey, prepared by a licensed California Land Surveyor, showing the property line fronting Indian Trail Road, the property line running parallel with the drainage channel on the west side of the property, the drainage easement, the existing walls and fences adjacent to and within the drainage channel and the encroachments within the drainage easement. Said survey is to be performed after installation. PERMITTEE shall provide a $2,000 deposit prior to commencement of work as a surety for work and survey; 2. 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 or easement, without liability for damages to the facilities of PERMITTEE, its heirs, successors or assigns; 3. 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 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; 4. 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 Encroachment Agreement No. 20-0002 Page 2 easement; 5. 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; 6. 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; 7. 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; 8. All of CITY's facilities in the easement are to be fully protected in a manner satisfactory to CITY after construction; 9. 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; 10. 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; 11. CITY is to be without cost or expense of any kind in connection with this agreement; 12. 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; 13. 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 Encroachment Agreement No. 20-0002 Page 3 expense, and the cost thereof shall be a lien upon the land owned by the PERMITTEE, its heirs, successors or assigns. This agreement is granted pursuant to action taken by the CITY OF POWAY on the ;e 0 day of N/L4 /VE. , 2020. OWNER: Philip and Judith J. La Barbera By: By: Philip La Barbera Judith J. La Barbera CITY OF POWAY M_ody- , City Eng NOTARY CERTIFICATE ATTAAHED (Signatures must be notarized.) Approved as to Form: Office of the City Attorney GL Alan Fenstermacher, City Attorney P.E. STATE COUNTY OnJuo-2,(71 personally who subscribed in the I paragraph WITNESS CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT (CALIFORNIA 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. OF CALIFORNIA ) OF 50-r\ 1)i 20 v ) i- L., ..0 2:0 before me, f j_aci Clhc<r 0 - pv h /iL (Date) (Here Insert Name and Title of the Officer) appeared PI,1) 1`I Rc LG�?o..-nce,.I'c)... � .Jvdr'fl-. T� i'w crkrc.l proved to me on the basis of safactory evidence to be the person(s) whose name(s) is/are to the within instrument and acknowledged to me that he/she/they executed the same his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. my hand and official seal. / / AO BRYAN CI IARAI' Signatu hof Notary Public (Notary Seal) s : �; Notary Public c rlorn s . San Diego County • ° Commission II 2231360 My Orrim: Expires Feb 16, 2022 ADDITIONAL OPTIONAL INFORMATION Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Additional Information: revision date 01/01/2015 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 w w.• w, y- . su w ,.- s- t• - -'tom. . we•.cam - 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 San Diego On July 27, 2020 before me, Date personally appeared Yvonne Mannion Notary Public Here Insert Name and Title of the Officer Melody Rocco 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 NotaryPublic- California , San Diego County Commission # 2201766 My Comm. Expires Jun 18, 2021 Place Notaty 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 1'i/OknfZ=-.- A--/K—i „� OPTIONAL 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. 20-0002 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ❑ Individual ❑ Attorney in Fact cex�cowzc win c� < n_. -cc ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 115 2 il d P1 -V o OC A fr an —a— 6 n u ti �f� c I 1 6 Q13 3 Q x-7.1 -4 cd Gl.. N .. N A Z.., ? mJm LU W• ,� z 2 cc O oLc, to cc o o O co Cc W U O y O J i m J C) 0 0 I