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Encroachment Agreement No. 20-0015 2021-0250928RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074 DOC# 2021-0250928 1111111 111 1111 1111111111111 1111 1111111 11 111111111 111 1111111111 Apr 01, 2021 11:13 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 7 (THIS SPACE FOR RECORDER'S USE) APN: 323-500-29 ENCROACHMENT AGREEMENT NO. 20-0015 The CITY OF POWAY (herein called CITY) does hereby give permission to HCP LS Poway I, LLC, a Delaware limited liability company owner(s) of 14177 Kirkham Way, Poway, CA (herein called PERMITTEE), to encroach within the City's Right -of -Way or easement for the purposes of a site security fence. The limits of said encroachment are as shown on Exhibit A, attached hereto and made a part hereof, and described as 320 linear feet of security fence within a general utility easement, drainage easement, and water easement. 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 right-of-way or 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 permission contained herein relates only to the prior rights of CITY by virtue of its right-of-way or easement in said lands, and nothing contained herein shall be deemed a representation by CITY of the right to grant a right-of-way or 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 or easement resulting from future operation of the CITY's facilities by CITY within the right-of-way or easement; 4. This permission is given 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; 5. Only those utilities or improvements described above are permitted along or across the right-of-way or easement. If other utilities or improvements are proposed, an additional encroachment removal agreement will be required; Encroachment Agreement No. 20-0015 Page 2 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 or 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 or 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 or 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 or 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 or 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. 20-0015 Page 3 This agreement is granted pursuant to action taken by the CITY OF POWAY on the Property Owner(s) HCP LS Poway | a Delaware limited liability company By: Michael Dorris, Vice ProideOt y elk`d"oi~~O. P.E. City Engineer CITY OF POWAY (Signatures must be notarized.) Approved as to Form: Office of the City Attorney '.A // ~wU L/''U~ 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 California County of San Diego On `'° , 2020, before me, , Notary Public, personally appeared i i . )'', 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. WITNESS my hand and official seal. U11111111111111111111111111111111111111111111111111111111111 1111111111011 9s: '! D. LYT COMM. ;; ` 31125 a Notary P . io - California o S;-^''�iegoCounty E i ,,y C. `m. Expires Aug. 19, 20249 7,tll11 It1111111111111111111111111111111111111111111R IIIIi1111111111n11111111111111n11111111merr 11111111rreit 't= D. LYTLE COMM. #2331125 Notary Public - California o San Diego County �y Comm.Expires Ag.19,024EurnwIlrnmur 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 February 24, 2021 before me, Yvonne Mannion Notary Public, Date Here Insert Name and Title of the Officer personally appeared 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 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 _ ki'wit A44n,"0,3 Signature of Notary 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. 20-0015 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 ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited El General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 SEE SHEET 2 FOR FENCE ENCROACHMENT DETAIL EXHIBIT 'A' Orr! OF POWAY TRACT 90-05 (MAP f123 o 52) BUILDING 'B' 2b \\ WT 0 1 \-\b 40 f 56 Ob, \1A ,�° ti EXISTING EASEMENTS: 1O AN EASEMENT FOR GENERAL UTILITY AND INCIDENTAL PURPOSES, DEDICATED TO THE CITY OF POWAY ON MAP NO. 13852, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 17, 1999 AS FILE NO. 1999-0639226. 0 AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, IN FAVOR OF THE SAN DIEGO GAS & ELECTRIC COMPANY, RECORDED JUNE 6, 2000 AS INSTRUMENT NO. 00-0297698 OF OFFICIAL RECORDS. 0. AN EASEMENT FOR GENERAL UTILITY AND INCIDENTAL PURPOSES, IN FAVOR OF THE CITY OF POWAY, RECORDED OCTOBER 24, 2003 AS INSTRUMENT NO. 03-1301160 OF OFFICIAL RECORDS. 0, AN EASEMENT FOR DRAINAGE DEDICATED TO THE CITY OF POWAY ON MAP NO. 13852, FILED IN OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 17, 1999 AS FILE NO. 1999-0639226. 0 AN EASEMENT FOR WATER LINE PURPOSES DEDICATED TO THE CITY OF POWAY, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 26, 2017 AS DOC #2017-0335935, N 67'00' 44"E 131.57' N59'06'07"E 92.63' 0 A GRAPHIC SCALE: NOTE: 1"=200' ALL BEARINGS AND DISTANCES SHOWN HEREON ARE BASED ON RECORD MAP NO. 13852 SHEET 10F2 200' LEGEND: CENTERLINE GENERAL UTILITY EASEMENT PROPOSED FENCE RIGHT OF WAY SIDEWALK STOWE DR. SCRIPPS POWAY PARKWAY KIRKHAM WAY GENERAL ATOMICS WAY SITE VICINITY VA D NO SCALE EXHIBIT A' PROPOSED FENCE I 5, I 10' • • *1/4 R/W r- C.L. / MO - MATCHLINEMEM SIDEWALK GENERAL UTILITY EASEMENT w z1- MATCHLINE MEM R/W C.L. KIRKHAM WAY 14 I 1 FENCE PROPOSED [I I 5' 1 G.U.E°. I 10' 6 .u.E... , >Nth GENERAL .g1 I UTILITY 1-1.1 1 EASEMENT II I 1 1 MEM EIVOISSI SIDEWALK P.L. 0 0 -I -4 - PROP. FENCE -F - -F- - - - 0 1 20'1 0 P.L. PROPOSED FENCE FENCE ENCROACHMENT DETAILS LEGEND: SHEET 2 0F2 CENTERLINE - RIGHT OF WAY, PA 0 60' EASEMENT SIDEWALK x x PROP. FENCE GRAPHIC SCALE: 1"=60'