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Encroachment Removal Agreement No. 21-0017 2021-0798559RECORDING REQUESTED BY.- C|TY0FPOVVAY AND WHEN RECORDED MAIL TOi CITY CLERK CITY OFPOVWAY POBOX 7B8 PC)VVAY.CA82074 U�����ff ����_������� n�v�v�rr ����n �x������ |N0N�UUN0���|NNUUNU���N�N�N�0NUNN |N0N�UUN0���|NNUUNU���N�N�N�0NUNN NOV19' 2021 08:54AM OFFICIAL RECORDS Ernest J.Dmnonburg.Jr.. GANOIEGOCOUNTY RECORDER PAGEG:G (THIS SPACE FOR RECORDER'S USE) APN:273-122' 2 ENCROACHMENT REMOVAL AGREEMENT NO. 2Y-0Q17 The CITY OF POWAY (herein called CITY) does hereby give permission to Lukasz Urbanokj and K0o|Qorzata Urb8neha. owner(s) of Lot 120 ofPoway Tract Mup4883. Valle Verde Country Club Estates, in the City of Poway. County of San Diego, State of California, filed in the office of the County Recorder of Gan Diego County, California December 21. 1960 (herein called PERM|TTEE/G\), to encroach vvdh|n the Qty'o Right -of -Way or easement for the purposes of installing driveway pavers. The limits of said encroachment are as shown on Exhibit A, attached hereto and nleda o part henaut and described as follows: the construction. installation, maintenance, repair and as - needed reconstruction of approximately 115 square feet of pavers to be installed within the City'a right-of-way. Said permission is given subject to PERM[FTEE, its heina, 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 rnaiDtGiD' and from time tOtime to reconstruct, 8(ta[, and innp[OVG any existing works ofthe CITY onC{TY'sright-Vf-wayor easement, without liability for damages tothe facilities ofPERK8|TTEE. its heira, successors or assigns; 2. It is understood that said lands are not owned by CITY. that the permission cOntoined herein relates only to theprior rights of CITY by virtue of its' or easement in said |ando, and nothing contained herein shall be deemed n representation by CITY ofthe right to grant a right-of-way or easement over said lands or any other rights which are reserved to the owners orother persons; 3. The CITY will not be liable for any damage to the proposed construction ODC|TY'S right-of-way or easement resulting from future Operation of the C!TY`s facilities by CITY within the right-Of-w@yoreasement; 4. This permission is given for the direct benefit of PERMITTEE's land above described and the COVGDantg herein contained shall run with said land, and shall be binding On the assigns Encroachment Agreement No. 21-OO17 Page 5. Only those Vtilhi8G or improvements described above are permitted along or across the right-of-way or easement. If other utilities or innpFoV8[Denta are proposed, an additional encroachment removal agreement will berequired; 6. PEFlM|TTEE Sh2(| not unreasonably interfere with the facilities of C\TY, or with aCo8Ss by CITY, dU[iD0 construction. PERK0|TTEE shall establish grades, which, 1Othe opinion of the CITY, will provide easy access across the encroachment after completion; 7. All of C|TY'S facilities in the right-of-way or ea«8nn8nt are to be fully protected in 8 manner satisfactory tnCITY after construction; 8. PERK8|TTEE, its hei[s, successors o[assigns, will he responsible for any damage which may occur to C|TY's facilities in the right-of-way or easement by nm8aon ofthe -construction, |nc3tion, or maintenance of PERM|TTEE'o facilities, and for the cost or any relocation of the facilities installed within the right-of-way or easement by PER[W|TTEE, its he\[S. SUCCe3aona or assigns, should such relocation become necessary by reason of the construction by CITY of additional facilities orappurtenances thereon; 9. CITY, its Office[s, ennp!oyeeo, 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 PERK8|TTEE, its hairs, successors or assigns, or any part thereof; for any |nsa ordamage to any of the rn@teria|s, equipment urother things used or employed in constructing the same; for injury to or death of any person, either workmen or the public, or for UomaQm to property from any cause arising out of PERKA|TTEE's Use of C|TY's right-of-way or eoSennent, or the construction and maintenance Qffacilities thereon. PERK8|TTEE, its heirs, successors or assigns, shall be solely responsible for all of the foregoing. PERM|TTEE. its hmirs, successors or assigns, shall hold hmrnl|ess, indenlOify, and defend CITY, its directors, officers, employees and 8gents, from all dairns, suits or actions of every Danne, 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 PERM( | IEE'o use, or use by its h8ir3, successors or mmSi0ns. of C|TY's right- of-way or easement or the construction and maintenance of facilities thereon; 10CITY 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 cOat, rink and responsibility of the PERK8U|EE and sUocSsSors-|n-|Olerest; 12. The PERM\TTEE, its hains, aunmsasnrs or aus\gns, shall remove or relocate the encroachment, or portion thereOf, upon notification in writing by the City Engineer Ufthe City of Poway, or the City may cause such work to be done at PERK8|TTEE'o sole cost and expense, and the cost thereof shall be @ lien upon the land owned by the PERk8ITTEE, its hei[S, gUCCeSSOrS or Encroachment Agreement No. 21-0017 Page 3 This agreement is granted pursuant to action taken by the CITY OF POWAY on the ,20 day of Ortotio-21'a , 2021. Property Owner(s): By: By: Lukas Urbans Malgorzata Urbanska City of Poway: Melody Ro City Engineer Approved as to Form: Office of the City Attorney Date: Date: (Signatures must be notarized) (Signatures must be notarized) Alan Fenstermacher, City Attorney (SEE ATTACHED CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT LAAA. 1, a --2-c• -e. ; California All -Purpose Aeknowledq en# 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 --kof San Diego On 0cbgo l 1b appeared (_1/4) %ct S Uf before me, Deborah L. Milne , Notary Public, personally C4..w ; 'ii 1 Y la C'(ZG v 0 ( bcA VAS DEBORAH L. MILNE Notary Public - California San Diego County Commission 2330293 My Corrm. Ex*ties A.. t2, 2024 mow- �r ��.. . who proved to me on the basis of satisfactory evidence to be the perso whose name_pis/atn subscribed to the within instrument and acknowledged to me thy. he/sheer executed the same in his/her/ ieir) authorized capacity ' , and that by his/hergreiF signatures j on the instrument the person) or the entity upon behalf of which the person j` 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. Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document C40. . Gt. C�it Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: cf\J l e eQ Number of Pages: Sa/ -00( 7 Individual Corporate Officer — Title(s): Partner - Limited General _ Attorney in Fact Trustee Guardian or Conservator Other: Signer is representing: RIGHTTHU OFS C ISPRINT !ER TO of thumb here Signer's Name: Individual _ Corporate Officer — Title(s): Partner - Limited General _ Attorney in Fact Trustee _ Guardian or Conservator Other: Signer is representing: 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 October 22, 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. 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 # 2363699 My Comm. Expires Jul 1, 2025 Place Notaty Seal Above WITNESS my hand and official seal. Signature OPTIONAL kV II AJoAn,.>e• 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 Removal Agreemnt No. 21-0017 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 ❑ General ❑ Individual Cl Attorney in Fact ❑ Trustee ❑ Guardian or Conservator El Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Install pavers in driveway apron V. 13416 St Andrews PI Poway, CA 92064 APN 273-122-12-00