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Encroachment Removal Agreement No. 20-0018 2022-0096489RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074 DOC# 2022-0096489 1111IIIIIIIIIIIIIIIIIIIIIIII1111111111111IIIIIIIIIIIII Mar 03, 2022 02:20 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $41.00 (SB2 Atkins: $0.00) PAGES: 10 (THIS SPACE FOR RECORDER'S USE) APN: 314-710-29, 314-710-30, 314-710-32, 314-710-37, 314-710-38, 314-710-39, 314-710-40 ENCROACHMENT REMOVAL AGREEMENT NO. 20-0018 The CITY OF POWAY (herein called CITY) does hereby give permission to Regency Centers LP, Target Corporation, Mohrhoff Family Trust, Walecki Family Trust, Regency Centers Corporation, Haggen OPCO South LLC, and Twin Peaks Realty Corporation, owner(s) of certain real property located in the City of Poway, County of San Diego, State of California, more particularly described in Exhibit "A", (herein called PERMITTEE(S)), to encroach within the City's easement for the purposes of installing facade improvements to the front of existing structures and the installation of trash treatment control devices in existing curb inlets. The limits of said encroachment are as shown on Exhibit B, attached hereto and made a part hereof, and described as follows: the construction, installation, maintenance, repair and as - needed reconstruction of facade improvements and trash treatment control devices to be 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 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 a right-of- way 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 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. 20-0018 Page 2 5. Only those utilities or improvements described above are permitted along or across the right-of-way. If other utilities or improvements are proposed, an additional encroachment removal 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 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 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. 20-0018 Page 3 This agreement is granted pursuant to action taken by the CITY OF POWAY on the day of , 2022. OWNER of 314-710-40-00: Target Corporation / Regency Centers LP By: Pa rick Conway Its: Date: / l 2 7 1 2 Z. OWNER of 314-710-30-00 and 314-710-32-00: Regency Centers LP B Its: Patrick Conway Date: OWNER of 314-710-39-00: Mohrhoff Family Trust, dated April 16, 1987 By: Date: OWNERof 314-710-29-00: Walecki Family Trust, dated January 05, 1996 By: Ron Walecki, Trustee Date: I--2-2� OWNER of 314-710-37-00: Haggen OPCO South LLC / Twin Peaks Realty Corporation Patrick Conway Its: S �� OWNER of 314-710-38-00: Regency Centers Corporation Patrick Conway Its: (signatures must be notarized Date: Date: 2-'7 2-2- KAViTA M!-iTAL Commission No. 2293315 NOTARY PUBLIC - CALIFO U BA SAN DIEGO COUNTY Commission Expires June 15, 2023 /JJ� j :tAii 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- S4 v On 1 JO ty . before me, I�' t'/ 171 Date -illy appeared 'C. i p / a Here Insert Name and Title of t arne(s) of Signer(s) Officer 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. a a KAVITA (V?!TTAL Commission: Na 2293315 NOTARY PUBLIC - CALIFORNJA SAN DIEGO COUNTY Commission Expires June 15, 2023 Place Notaty Seal Above WITNESS my hand and official seal. Signature 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: Document Date: - Signer(s) Other Than Named Above; Number of Pages: 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 ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2015 National Notary Association • www.NationalNotary.org ° 1-800-US NOTARY (1-800-876-6827) Item #,`5907 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Los Angeles } On 1/31/2022 before me, Kristin Muller, Notary Public (Here insert name and title of the officer) personally appeared Roger Mohrhoff who proved to me on the basis of satisfactory evidence to be the persons whose name,Fs) is/are subscribed to the within instrument and acknowledged to me that heillelttrey executed the same in his/.ter/fir authorized capacity(, and that by histre-r/ter signature($) on the instrument the personls) or the entity upon behalf of which the person( ''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. Nofary fit 6ffc Signature (Notary Public Seal) KRISTIN MULL ER Notary Public - California • Los Angeles County Commission y 2320951 My Comm, Expires Feb 9, 2024 0 0 INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION Thisj'orni complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Ire/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other ‘Anvw.NotaryClasses.com 800-873-9865 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Los Angeles } On 2/02/2022 before me, Kristin Muller, Notary Public (Here insert name and title of the officer) personally appeared Ron Walecki who proved to me on the basis of satisfactory evidence to be the persons whose name(is/ate subscribed to the within instrument and acknowledged to me that he/sile/tt y executed the same in histieflt1Preir authorized capacity,(ies), and that by his/ber/tbe r signature(') on the instrument the person, or the entity upon behalf of which the person( -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. NNotaublic Signature (Notary Public Seal) KRISTIN MULLER Notary Public • California Los Angeles County Commission # 2320951 My Comm. Expires Feb 9, 2024 ♦ ♦ INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notaty wording and, if needed, should be completed and attached to the document. Acknowledgments front other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/the};- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. . Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other www.NotaryClasses.com 800-873-9865 Encroachment Agreement No. 20-0018 Page 4 City of Poway: Mel.dy Rcc• P. City Engineer (Signature must be notarized) Approved as to Form: Office of the City Attorney Alan Fenstermacher, City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 r,�r�,�c.�;r.�-r,�:t�.nc•�,s-:c�.nrx;�;c: ��,�:e�.s�.c�re�.e<<•.�.c-r.�-;c.�,cepre�,rrs�.c:c�,arc-c���.cr�x=;cc-F.�,s->e�.�>rt- t��,c�.�c%c-rr€>�a 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 8, 2022 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. Z A_ A A A A AA. AAA A AE YVONNE MANNION Notary Public • California San Diego County Commission # 2363699 My Comm. Expires Jul 1, 2025 a 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. 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 Removal Agreement No. 20-0018 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 — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCELS 1, 2, 4, 5, 9 AND 10 OF PARCEL MAP NO. 15808, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 21, 1989. / PARCEL 8 314-710-22 PARCEL 6r 3114-71Q-41 G-H-0 , PARCEL 5r 314-710-29 1 11 PARCEL 4_11 314-710-391 PARCEL "9" PARCEL 3 314-710-33 / JN: 20-118 5-5-21 AMPO ,„... v,ENGINEERING, INC. - 4 171 SAXONY RCA°, SWF 214 SUMS CA 92024 1EL: (760) 436-0660 FAX (760) 436-0659 *IARCEL 1 4-7 0-4 EXHIBIT z PARCEL 11 314-710-35 z KEYNOTES. ()INSTALL NEW TRASH CONTROL DEICES IN EXISTING CURB INLETS' AND CATCH BASINS IN PUBUC EASEMENTS. ® re.gae covvreafileS tin 4illeayse.tvlexi4s. MN PEAKS SHOPPING CENTER NEW EXTERIOR FINISHES 14721-14905 POIWERADO RD