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Encroachment Agreement No. ERA20-0012RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074 DOC# 2021-0558592 11111111111111111111i1111111111111111111111111111111111111111111111111 Aug 05, 2021 12:56 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $35.00 (SB2 Atkins: $0.00) PAGES: 8 (THIS SPACE FOR RECORDERS USE) APN: 323-500-30-00 ENCROACHMENT AGREEMENT NO. ERA20-0012 The CITY OF POWAY (herein called "CITY") does hereby give permission to HCP LS Poway I, LLC a Delaware limited liability company ("PROPERTY OWNER"), property owner of 14253 Kirkham Way, Poway, CA, and San Diego Gas & Electric Company, a California corporation ("PERMITTEE"), utility owner of underground electric for the purposes of electric vehicle charging stations located at 14253 Kirkham Way, Poway, CA, to encroach within the City's easement described in Instrument No. 2017-0335935, recorded on July 26, 2017 in Official Records in the County of San Diego, for the purposes of the installation of underground electric. 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 underground electric conduit 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. 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 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 PROPERTY OWNER'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 easement. If other utilities or improvements are proposed, an additional encroachment removal agreement will be required; Encroachment Agreement No. 20-0012 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 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 or easement or the construction and maintenance of facilities thereon; 10. PERMITTEE agrees to indemnify, save, defend (with counsel reasonably acceptable to PROPERTY OWNER) and hold harmless PROPERTY OWNER, and any entity controlling, controlled by, or under control with PROPERTY OWNER, and its officers, directors, employees, managers, members, agents and servants ("Affiliates") from and against any and all liens, encumbrances, costs, demands, claims, judgments, and/or damage that may be incurred by PROPERTY OWNER or its Affiliates as a result of any claims, liabilities, damages, judgments, costs, expenses, penalties, and/or injuries (collectively, "Claims") of or to persons or property caused by or arising out of, either directly or indirectly, (i) the use of the encroachment by PERMITTEE and/or its third party users engaged by PERMITTEE; (ii) any entry onto the encroachment and/or the PROPERTY OWNER'S land by PERMITTEE and/or its third party users engaged by PERMITTEE; and (iii) any work performed in the encroachment areas by PERMITTEE and/or its third party users engaged by PERMITTEE; provided, however, that PERMITTEE's indemnification obligations shall not include any Claims to the extent arising from the negligent or intentional acts of PROPERTY OWNER, its Affiliates or third parties not engaged by PERMITTEE; 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; and 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 expense, and the cost thereof shall be a lien upon the land owned by the PROPERTY OWNER, its heirs, successors or assigns. Encroachment Agreement No. 20-0012 Page 3 This agreement is granted pursuant to action taken by the CITY OF POWAY on the day of Ir \ tA. l L� -c121 . Property Owner: HCP LS Poway I, LLC a Delaware limited liability company By: Michael S. Dorris Senior Vice President Permittee: San f\ By: 1,1 Chr'i§ Faretta Gas & Electric Company Programs Manager Approved as to Form: Office of the City Attorney CITY OF POWAY Me • dyy ' co, P.E. City Engineer (Signatures must be notarized.) Alan Fenstermacher, City Attorney 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. STAE'h OF CALIFORNIA COUNTY OF On 0-0 -19, 6,0a, , before me t 1 Sc, C--- n f I v �� , ,�/'cricry (name, title of officer) personally appeared 1 cha-e S who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)dll subscribed to the within instrument and acknowledged to me tha]e/sha/#y executed the same in(hilherfir authorized capacity(ies), and that b/her-Alaeir- 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. ignature of Vary Pub (Notary Seal) USA C. MURPHY Notary Public - California San Ciecc County I Commission 3 2335605 r My Comm Expires Sox 25, 2024 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 On33 � cl -,od , before me olu 1\ , (name, title of off cc'r) personally appeared 1� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)6/are subscribed to the within instrument and acknowledged to me tha/shefthey executed the same in his/her/their authorized capacity(ies), and that bya/herheir 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. (Notary Seal) gnature of No Public) LISA C. MURPHY Notary Public • California San Diego County Commission N 2336606 Y Comm. Expires Nov 25, 2024 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 July 28, 2021 Date personally appeared before me, 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 # 2363699 My Comm. Expires Jul 1, 2025 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 1i0e1Ar 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. ERA20-0012 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): 0 Corporate Officer — Title(s): 0 Partner — ❑ Limited 0 General 0 Partner — Cl Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other: 0 Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 KIRKHAM WAY RIGHT-OF-WAY CITY OF POWAY WATER EASEMENT TRANSFORMER PER DOC.#201 7-03.35935 PROPERTY LINE REC. JULY 26, 201 7 ( i EXIST7NG CONDUIT \ CITY OF POWAY < I 1-2ot-1 / / TRACT 95-05 PARKWAY BUSINESS \ r / CENTER t ( ) ( / / 1 < MAP NO. 13852 ( rA v v ,,, yA , v, M 17-001 PARCEL 1 APN 323-500-29 ( , e , APN 323-500-30 2 LOT-7 ii 1. ) i, '9 LOT-6 BA/ 'PARCEL 7 17-001 1 < N < > A 0 TRANSFORMER < < 0 ( 1 40 20 0 40 80 ( GRAPHICAL SCALE 0 SCALE: r=40' NOTE: IZZA - INDICATES AREA OF ENCROACHMENT THIS ENCROACHMENT EXHIBIT HAS BEEN COMPILED FROM DOCUMENTS PROVIDED BY REF MAP 13852 SAN DIEGO GAS & ELECTRIC COMPANY. SHEET 2 OF 2 M17-001 SAN DIEGO GAS & ELECTRIC SAN DIEGO, CALIFORNIA ORIGINATOR: K. HAYNES OK TO INSTALL: PROJECT NO. 851723-010 SURVEYED BY: WHPACIF1 C R/W OK: CONST. NO. 2160150 POWER YOUR DRIVE — ENCROACHMENT EXHIBIT 14253 KIRKHAM WAY POWAY, CA DRAWN BY: DJS DATE: DATE: 10/20/2020 THOS. BROS. 1190—H7 DRAWING NO. SCALE: N/A NO. SUPPLEMENTS DATE: BY APP'D *MOW F PASbn ago Goa & DectoblP04230740(101‘407 EssaterA495 0334 — 45011.1 Dialting & Das* — ENCROACHMENT AREA. SEE SHEET 2 FOR DETAIL. A RIGHT-OF-WAY II' ♦,� 0 , o 0 0 0 EXISTING STRUCTURE 'PROPERTY 'I LINE �� EXISTING STRUCTURE l " II>J POWAhRO N SI E SCRIPPS POWAY PKWY. KIRKHAM WAY VICINITY MAP 100 50 0 100 200 NTS GRAPHICAL SCALE: SCALE 1 =100' rilAj�/� - INDICATES AREA OF ENCROACHMENT REF: MAP 13852 SHEET 1 OF 2 M17-001 SAN DIEGO GAS & ELECTRIC SAN DIEGO, CAUFORNIA ORIGINATOR: K. HAYNES OK TO INSTALL PROJECT NO. 851723-010 SURVEYED BY: WHPACIFlC R/W OK: CONST. NO. 2160150 DRAWN BY: DES DATE POWER YOUR DRIVE - ENCROACHMENT EXHIBIT 14253 KIRKHAM WAY POWAY, CA DATE 10/20/2020 TM�'' BROS.1190-H7 DRAWING NO. SCALE ` 1" = 100' NO. SUPPLEMENTS DATE: BY APP'D MilligalVFU an Vigo as & ElgotriAPOOMOW.0001%400 Eisaution1485 s<,,.y O - 454O1& & 1 GV O)lOX+ -