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Encroachment Agreement No. 19-0003 2021-0566316RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074 DOC# 2021-0566316 11111111111111111111i111111111111111111111111111011111111111111111111 Aug 09, 2021 04:59 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $38.00 (SB2 Atkins: $0.00) PAGES: 9 (THIS SPACE FOR RECORDER'S USE) APN: 323-500-12 ENCROACHMENT AGREEMENT NO. 19-0003 The CITY OF POWAY (herein called CITY) does hereby give permission to San Miguel Valley Corporation, owner(s) of 14303 General Atomics Way, Poway, CA (herein called PERMITTEE(S)), to encroach within the City's Water Easement for the purposes of fiber optic conduit and cable. The limits of said encroachment are as shown on Exhibit A, attached hereto and made a part hereof. 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 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 permission 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 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 and easement resulting from future operation of the CITY's facilities by CITY within the right-of-way and 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 and easement. If other utilities or improvements are proposed, an additional encroachment removal agreement will be required; Encroachment Agreement No. 19-0003 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 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; with the exception to costs related to the preparation and execution of 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 in the event PERMITTEE fails to reimburse CITY for such costs in a timely manner; 13. PERMITTEE, its heirs, successors or assigns, shall take out and maintain, during the time the aforementioned encroachment remains on CITY's right-of-way and easement, sufficient Liability Insurance covering all bodily and property damage arising out of this permit (at least $1,000,000 for personal injury and $250,000 for property damage). This policy shall name CITY and its officers, agents and employees as additional insured, and shall constitute primary insurance as to CITY and its officers, agents and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. The policy shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Encroachment Agreement No. 19-0003 Page 3 This agreement is granted pursuant to action taken by the CITY OF POWAY on the day of N3 ate.., , 20 i . SAN MIGUEL VALLEY CORPORATION Barton S. Brundage Executive Vice President CITY OF POWAY Thomas R. Frank, P.E. City Engineer (Signatures must be notarized.) Approved as to Form: Office of the City Attorney Alan Fenstermacher, City Attorney M:\engserv\Land Development Projects\2019\ERA19-003 San Miguel GA Fiber Optic\ERA19-003 San Miguel - GA Fiber Optic.docx STATE OF Colam Au ) ) SS. COUNTY OF 'N4i141II 1i-' ) The foregoin instrument was acknowledged before me this d y of �\) OsIt 1116/, 201 , by r.-\-- 6V1iid , as-6)(N6-t Vi(,i Ai of The San Miguel Valley Corporation. Witness my hand and official seal. Le tyt Notary Public My commission expires: 1)-(41 KAREN L BRADY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19954018452 MY COMMISSION EXPIRES AUGUST 19, 2022 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 ('cije. J h , au! before me, Date personally appeared Yvonne Mannion Notary Public Here Insert Name and Title of the Officer urv' C+n ). • ftZc i- 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. YVONNE MANNION Notary Public - California San Diego County Commission # 2201766 My Comm, Expires Jun 18, 2021 Place Notary Seal Above WITNESS my hand and official seal. Signatur OPTIONAL ss A,EL :s 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: Eft( ro c4e1). ,l-i ?/L 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): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: f e ree4-CCn.1- no /`"1 -u_c)0 ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Other: 0 Guardian or Conservator Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 I V CO CO 0 300 SCALE: 1 "=300' PAR. 2 BA 01-05 APN 323-500-15 s CROSSING 1 it PAR. B BA 00-05 i' APN 323-500-12 CROSSING c=1 #2 J) KIRKHAM WAY PAR.1 M 17-001 APN 323-500-27 WATER EASEMENTS 0 EXIST. PUBLIC WATER EASEMENT PER DOC. NO. 2001-0216034 REC. APRIL 10, 2001 © EXIST. PUBLIC WATER EASEMENT PER DOC. NO. 2017-0335935 REC. JULY 26, 2017 DE EXIST. PUBLIC WATER EASEMENT PER DOC. NO. 2005-1118843 REC. DEC. 30, 2005 WUNDERLIN ENGINEERING, INC. P.O. BOX 461300 ESCONDIDO, CA 92046 PHONE: (760)644-2944 Ad PAR. 2 BA 17-002 APN 323-091-10 AS1 MICH EL A. WUNDERLIN RCE 26671 EXPIRES 3-31-2022 2I,r 262,Z DATE 0377 IT APN 323-500-12 CROSSING KEY MAP SHEET 1 OF 5 2018-96 CR-A 0 SCRIPPS POWAY PKWY PROPERTY LINE 40 SCALE: 1 "=40' 14303 GENERAL ATOMICS WAY EXIST. BLDG. EASEMENTS E EXIST. PUBLIC WATER EASEMENT PER DOC. NO. 2001-0216034 REC. APRIL 10, 2001 © EXIST. 10' GENERAL UTILITY EASEMENT PER TM 98-05, MAP NO. 13852 REC. SEPT. 17, 1999 CQ EXIST. 5' GENERAL UTILITY EASEMENT PER DOC. 2001-0017548 REC. JAN. 11, 2001 • PROPERTY LINE 5' ENCROACHMENT AREA SEE SHEET 3 M SOIWOld 1V I3N3O NOTES 10 EXISTING WATERLINE WILL NOT BE ENCASED IN CONCRETE 20 TRENCH LOCATION RW 19-0377 EXHIBIT A PARCEL B, BA 00-05 APN 323-500-12 CROSSING #1 SHEET 2 OF 5 EXIST. 20' PUBLIC WATER LINE EASEMENT PER DOC. NO. 2001-0216034, REC. 4/10/2001 10' r 10' POTHOLE EXIST. WATER EXIST. A.C. PVMT. MAINTAIN 12" MIN. -' CLEAR TO ALL UTILITY LINES 2018-96 CR-A EXIST. 8" WATER BACKFILL TO MIN. OF 90% COMPACTION SECTION A -A SCALE: 1"=5' SLURRY BACKFILL DUCT BANKS REPLACE WITH 4" MIN. A.C. PVMT. ft-EXIST. A.C. PVMT. SECTION B-B TRENCH DETAIL AT WATER MAIN NOT TO SCALE 0 [EXIST. 8" WATER MAIN 8,-4" CONDUIT ENCASED IN SLURRY WITH MIN. 3" COVERAGE, SEE NOTE (1), SHEET 2 377 IT PARCEL B, BA 00-05 APN 323-500-12 CROSSING #1 SHEET 3 OF 5 0 20 SCALE: 1 "=20' 671 z Exp. 3-31-2022 OFC A\-\ ENCROACHMENT AREA SEE SHEET 5 UNDERLIN ENGINEERING, INC. P.O. BOX 461300 ESCONDIDO, CA 92046 PHONE: (760)644-2944 VA II II it II \\ EXIST. FENCE Top ,fF S' OPE EASEMENTS n EXIST. PUBLIC WATER EASEMENT PER DOC. NO. 2001-0216034 REC. APRIL 10, 2001 EXIST. ESMT. FOR PUBLIC UTILITIES & INCENDENTAL PURPOSES TO THE CITY OF POWAY REC. OCT. 24, 2003 AS FILE NO. 2003-1301160 OF OFFICIAL RECORDS B \_R/W C EXIST. GENERAL UTILITY EASEMENT PER TPM 98-05, MAP NO. 13852, co REC. SEPT. 17, 1999 N KIRKHAM WAY IIT NOTES 10 EXISTING WATERLINE WILL NOT BE ENCASED IN CONCRETE 0 TRENCH LOCATION R 19-0377 PARCEL B, BA 00-05 APN 323-500-12 CROSSING #2 SHEET 4 OF 5 t. EXIST. 20' PUBLIC WATER LINE EASEMENT PER DOC. NO. 2001-0216034, REC. 4/10/2001 10' 10' POTHOLE EXIST. WATER EXIST. A.C. PVMT. 26671 Exp. 3-31-2022 3 - 'a.% • 1 0 OF C EXIST. 8" WATER /////////////// // / SECTION A -A SCALE: 1"=5' BACKFILL TO MIN. OF 90% COMPACTION -H (N MAINTAIN 12" MIN. CLEAR TO ALL UTILITY LINES ...0000,, • • / SLURRY 1r) BACKFILL / / / DUCT BANKS REPLACE WITH 4" MIN. A.C. PVMT. /EXIST. A.C. PVMT. SECTION B-B TRENCH DETAIL AT WATER MAIN NOT TO SCALE WU DEUN EN INEERING, INC. P.O. BOX 461300 ESCONDIDO, CA 92046 PHONE: (760)644-2944 , [EXIST. 8" WATER MAIN 8,-4" CONDUIT ENCASED IN SLURRY WITH MIN. 3" COVERAGE, SEE NOTE SHEET 4 PARCEL B, BA 00-05 APN 323-500-12 CROSSING #2 SHEET 5 OF 5