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Encroachment Agreement No. 20-0009 2020-0584020RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY, CA 92074 DOC# 2020-0584020 111E11111411111111111111111111111111111111111111111111111111 Sep 30, 2020 08:33 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: 321-191-25 ENCROACHMENT AGREEMENT NO. 20-0009 The CITY OF POWAY (herein called CITY), does hereby grant to Pomerado Cemetery District, a public cemetery district of the State of California, owner of the property located at 14361 Tierra Bonita Road, Poway, CA (herein called PERMITTEE(S)), permission to encroach within the City's right-of-way and easement for the purposes of installing driveway pavers, walls, and pilasters. 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 780 square feet of pavers, 20 feet of a freestanding wall, and two (2) pilasters to be installed within the City's right-of-way and easement. 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 and 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 right-of-way and easement 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. 20-0009 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. Encroachment Agreement No. 20-0009 Page 3 This agreement is ranted pursuant to action taken by the CITY OF POWAY on the 91p day of , 2020. OWNER: Pomerado Cemetery District a public cemetery district of the State of California By: (1.111illi) Carrie Perryman, Ge e�al Manager Approved as to Form: Office of the City Attorney / CITY OF POWAY (Signature must be notarized.) Alan Fenstermacher, City Attorney ALL CAPACITY ACKNOWLEDGMENT 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 (JAL! -IOWA COUNTY OF 'J \l .� Ca') On �1C`�1,� JI 'xK✓ J�l,p�[ before me, DM t IILS' (� 1 CL€ D ) Ilii i i L PWLtG J (Date) (Name and title of the officer) personally appeared CU.'l � : �� �' i J Ii CU (Name of person signin ) who proved to me on the basis of satisfactory evidence to be the person whose nameN is/aresubscribed to the within instrument and acknowledged to me that he/she/they execute he same in his/her/their authorized capacity(ie$, and that byYits/her/thea signatures) on the instrument the person(s), or the entity upon behalf of which the persons) 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. WITNESS my hand and official seal. CO-iu Signature` -officer Rev. 01/01/2015 DENISE L. POLITO Notary Public - California San Diego County Commission ; 2201773 My Comm. Expires Jun 17, 2021 (Seal) 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 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(?es), 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 i! 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 OPTIONAL GSL /CIA 4.r 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. 20-0009 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 — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee D 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 ❑ Other: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 SHEET'! OF 1' REVISED: August 5, 2020 EXCEPTION #5: AN EASEMENT FOR PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES TOGETHER WITH THEIR NECESSARY FIXTURES AND APPURTENANCES INCLUDING BUT NOT LIMITED TO CONDUITS AND CABLES FOR POWER TRANSMISSION AND COMMUNICATION PURPOSES AND RIGHTS INCIDENTAL THERETO IN FAVOR OF POWAY MUNICIPAL WATER DISTRICT. EXIST. 8" WATER - PROTECT IN PLACE © =nor EXHIBIT A DEARBORN MEMORIAL PARK ENTRANCE 14361 TIERRA BONITA ROAD POWAY, CA 92064 APN: 321-191-25 EXCEPTION #6: AN EASEMENT FOR POWER TRANSMISSION AND COMMUNICATION STRUCTURES AND RIGHTS INCIDENTAL THERETO IN FAVOR OF POWAY MUNICIPAL WATER DISTRICT. PROP. CONC. BAND PROP. PAVERS fr1ii f • i • L.,„, ,_____ lief ,--,14**,„„.....00,iisi PTE WRE CMU RETAINING WALL PROP. PILASTER 4'-8'x4'-8" BASE WITH 2 -DEG. BATTER O O FI ER RA -BON FT/- R0A D EXIST. PILASTER AND FENCE TO REMAIN EXIST. A.C. BERM NEW 6" HIGH CURB & 12" WIDE CONCRETE GUTTER S., EXCEPTION #10: IRREVOCABLE OFFER TO DEDICATE AN EASEMENT FOR FUTURE STREET OR HIGHWAY PURPOSES. NOTE: EXCEPTION INFO. BASED ON A PRELIMINARY TITLE REPORT BY STEWART TITLE, DATED AUGUST 3, 2018 (ORDER NO. 18000480876) SCALE: 1"=20' • 0 10 20