Loading...
Encroachment Agreement No. 20-0006 2020-0566580RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY, CA 92074 DOC# 2020-0566580 1111111 IIIII IIIII IIIII IIII111111IIIII IIIII IIIII IIIII IIIII IIIII IIII \III Sep 24, 2020 11:33 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTYSB RECAtkins: O $0 0R) FEES. $32.00 PAGES: 7 (THIS SPACE FOR RECORDER'S USE) APN: 275-810-18 ENCROACHMENT AGREEMENT NO. 20-0006 The CITY OF POWAY (herein called CITY), does hereby give permission to Temple Adat Shalom of Northeast County, owner(s) of 15905 Pomerado Road, Poway, CA (herein called PERMITTEE(S)), to encroach within the City's easement for the purposes of installing a fence and gate. The CITY also gives permission to the PERMITTEE for the existing encroachment of the block wall within the City's easement. The limits of said encroachments are as shown in Exhibit A, attached hereto and made a part hereof, and described as the construction, installation, maintenance, repair and as -needed reconstruction of approximately 140 linear feet of metal fence with posts to be installed within the City's easement. Approximately 160 linear feet of existing block wall (including 1 gate) is within the City's easement. A new maintenance gate, as shown in Exhibit A, will be constructed along the south side of the existing block wall, to provide access to the existing sewer manhole from the parking lot. Said permission is given subject to PERMITTEE, its heirs, successors or assigns, by accepting the same, agreeing to the following conditions: 1. The permission given 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 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 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; 3. 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 easement; 4. This permission is given for the direct benefit of PERMITTEE's land above Encroachment Agreement No. 20-0006 Page 2 described and the covenants herein contained shall run with said land, and shall be binding on the assigns and successors of PERMITTEE; 5. Only those improvements described above are permitted along or across the easements. 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 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 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; 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 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; 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. 20-0006 Page 3 iThjs agreement is granted pursuant to action taken by the CITY OF POWAY on the 11111/1 day of A US+ , 2020. OWNER: Temple Adat Shalom of Northeast County /2-4//44 Hannah Cohen, President Approved as to Form: Office of the City Attorney CITY OF POWAY Mel.dy City Engineer P.E. (Signatures must be notarized.) SeC PirT U t �. � P`KW AI'n Fenstermacher, City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 S�t�t!Tt�.rc��c�t!aciat^tit!c�t�t�c�c^c�c�t�c�c�c�t�t�e!�t!�t�t�Nac�c��t�.� v-ct�t�t�t�c�t��t!sts�t!st�c 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 ..P -1J ,3) (T &b ) On c9 C' V �Zd ate personally appeared before me, 0}'rfi(C!-' C . Q J U 1-1.1 � R� I %�' Ry P 3L.Ic Here Insert Name and Title of the Officer Coq nl me(s) of Signer who proved to me on the basis of satisfactory evidence to be the person( whose name() Pare subscribed to the within instrument and acknowledged to me that 4ef i Jtl executed the same in Fxie e�r tbeir authorized capacity(4as), and that by 141e er t)aeir signaturecsi on the instrument the person, or the entity upon behalf of which the personW acted, executed the in§trument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. PATRICK E. O'SULLIVAN Notary Public - California San Diego County Commission # 2283434 My Comm. Expires Apr 25, 2023 Place Notaty Seal Above WITNESS my hand and official seal. Signatur OPTIONAL Signature of Nota 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: Document Dater ' 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 El Individual ❑ F n ivi ua Attorney in Fact -� ❑ Guardian or C9ps vator El Other: f Signer Is Representing: --''-- ❑ Trustee Signer's .Jame: i Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ��s�:•-�<•dc�c�b-��cvs�.:�<�c��c�<�c��svc�c�c�s:��c�a�c�<:=%s�Jaysv<�ccio:�a�c�<�c�c�c�c�a�c�c�c�.V a ©2014 I • nal 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 August 25, 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 Notary Public - 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 k vtDkjanniu,.) OPTIONAL Signature of Notaty 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. 20-0006 Document Date: August 14, 202.0 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 El Trustee El Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 TEMPLE ADAT SHALOM 15095 POMERADO RD POWAY, CA 92064 EXHIBIT A ENCROACHMENT MAINTENANCE AND REMOVAL AGREEMENT EXISTING SEWER AND ` EXISTING GATE PER EXISTING EXISTING CMU WALL EXHIBIT A, SEWER CMU WALL SHT 2. MANHOLE. DRAINAGE EASEMENTS APN: 275-810-18-00 / 275-810-19-00 DATE: 8-24-20 TEMPLE ADAT SHALOM 15095 POMERADO RD POWAY, CA 92064 EXHIBIT A - SHEET 2 - GATE DETAIL 'U"..7L7(:7f^9® LSI ®®®MI El al -i Ginitmr3E'7 C'Immo w1 t'J GY ARTIFICIAL TURF ) PLAYGROUND �! EDGE OF EXISTING SHADE COVER 79" 5'-0" 241. N z:r /////////.�'// EXISTING CLASS ROOM BLDG/ EXISTING EXISTING SEWER MANHOLE. CONCRETE EDGE OF EXISTING CONCRETE GATE SECURED WITH PADLOCK ON INSIDE. ///////////////////////////////iii///ice////////////. EXISTING DRIVEWAY 42" 1-- EDGE OF EXISTING PLAY GROUND SHADE COVER NOTE: ELEVATION CHANGE OUTSIDE WALL IS ACCEPTABLE TO CITY. APN 275-810-18-00 / 275-810-19-00 DATE: 8-19-20 EXISTING CURB EXISTING 6'-0" H. BLOCK WALL NEW 36" W. MAINTENANCE SOLID METAL GATE INSTALLED IN NEW CUT THRU EXISITNG BLOCK WALL FENCE. EXISTING POST FOR SHADE COVER