Encroachment Agreement No. 21-0018 2022-0173682RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
APN: 314-642-18-00
DOC# 2022-0173682
II II III I III I IIII IIII IIII I IIIII IIII IIIII I IIIII III I III III
Apr 21, 2022 08:10 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $29.00 (SB2 Atkins: $0.00)
PAGES: 6
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT NO. 21-0018
The CITY OF POWAY (herein called CITY), does hereby grant to the Ian Robin Mills
and Phillipa Kersty Ann Revocable Trust, dated November 14, 2005, owner of the property
located at 13645 Del Poniente Road, Poway, CA (herein called PERMITTEE(S)), permission to
encroach within the City's easement for the purposes of installing fencing and raised garden
beds.
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 fencing and raised garden beds 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 consent granted 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 consent
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 right-of-way resulting from future operation of the CITY's facilities by CITY within the
easement;
4. This assignment is made 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. 21-0018
Page 2
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 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. 21-OO18
Page
This agreement is granted pursuant to action taken by the CITY OF P(]WAYon the
day of 4 2022.
|@D R. Mills and PhiUip8 K. A. Revocable Trust, CITY C)FPOWAY
Dated November 14.2OO5
B«:|8O. R. Mills, Trustee K8eI. P.E.
City Engineer
Phillipa K. A. Mills, Trustee
(Signatures must be notarized.)
Approved gStOForm:
�& 4/�i�
Alan Fenstermacher, City Attorney
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 March 30, 2022
Date
before me, Yvonne Mannion, Notary Public
Here Insert Name and Title of the Officer
personally appeared Ian R. Mills and Phillipa K. A. Mills
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.
�•. "'ham YVONNE MANNION
Notary Public • California
s San Diego County
Commission # 2363699
My Comm. Expires Jul t, 2025
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
Signature of Notary Public
Place Notary Seal Above
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
Document Date:
Signer(s) Other Than Named Above:
reement No. 21-0018
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:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
CALIFORNIA• •WLEDGMENT 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 March 31, 2022
Date
personally appeared
before me, Yvonne Mannion, Notary Public
Here Insert Name and Title of the Officer
Melodv Rocco
Name(s) of Signer(s)
1
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.
f.L 0 r
YVONNE MANNION
a Notary Public • California
.; San Diego County >
imCommission # 2363699
Comm. Expires Jul 1, 2025
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 II-'LVUn-/L/_"_0j ^
Signature of Notary Public
Place Notary Seal Above
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. 21-0018
Document Date:
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:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
-
02016 National Notary Association • www.NationalNotary.org ' 1-800-US NOTARY (1-800-876-6827) Item #5907
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. Map Scale
This is not a legal document and should not be substituted for a title search, appraisal, survey, or 1 inch = 24 feet
for zoning verification. 3/11/2022
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