Loading...
Encroachment Removal Agreement No. 22-0001RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074 DOC# 2022-0255015 1 II II III I III I IIII IIII IIII I III I IIII 11 111111111 I III 111 III Jun 21, 2022 09:05 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $32.00 (SB2 Atkins: $0.00) PAGES: 7 (THIS SPACE FOR RECORDER'S USE) APN: 314-710-37-00 ENCROACHMENT REMOVAL AGREEMENT NO. 22-0001 The CITY OF POWAY (herein called CITY) does hereby give permission to Haggen OPCO South LLC Twin Peaks Realty Corporation (PROPERTY OWNER), property owner of certain real property located in the City of Poway, County of San Diego, State of California, more particularly described in Exhibit "A", and Volta Charging, LLC., (PERMITTEE), utility owner of electric vehicle charging stations located within the property, to encroach within the City's easement for the purposes of installing electric vehicle charging stations. 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 electric vehicle charging stations 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 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; Encroachment Agreement No. 22-0001 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. 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 Encroachment Agreement No. 22-0001 Page 3 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 PERMITTEE, its heirs, successors or assigns; This agreement is granted pursuant to action taken by the CITY OF POWAY on the 6 t9 day of 4 ,ems , 2022. PROPER OWNER: Haggen OPCO South LLC / Twin Peaks Realty Corporation By: Patrick Conway Its: , elk, . (Signature must be notarized) PERMITEE: Volta Charging, LLC. By: /1 Drew'Benne Vice Presid nt of Network Operations CITY OF POW Mel R City Engineer , P.E. Approved as to Form: Office of the City Attorney Alan Fenstermacher, City Attorney Date: S-1-2,Z State of Minnesota County of Hennepin This instrument was acknowledged before me on 0S �ASHIR© 1? HARPREET SHAH NOTARY PUBLIC•MINNESOTA My Commission Expires Jan. 31, ..ab .�p(¢1�4he�d'ti2rhf s+s•N,V+.f by (Signature of notarial 0H' My Commission Exgima: -4:216--. "`126 (Signature must be notarized) (Signature must be notarized) 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 Los Angeles On 1 `1/4.9' o �� Date personally appeared before me, Patrick Conway Lisa J. Woodard, Notary Public Here Insert Name and Title of the Officer 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. LISA J. W000ARD Natary Public - California Los Angeles County Commission it 2383128 My Comm. Expires Nov 15, 202 Place Notaty Seal Above WITNESS my hand and official--s&al,l Signature OPTIONAL Signature,6f 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 \ n. (� r Title or Type of Document: Jn.c�cc.\ ,c.r•� 14_rOVc-\ 2� P �� Document Date: S I 1 to 1202. 2-- Nurber 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 El General ❑ Individual El Attorney in Fact El Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ❑ 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 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 May 19, 2022 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 z San Diego County Commission ft 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. cSignature 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. 22-0001 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 ❑ Attorney in Fact ❑ Trustee ❑ 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 SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 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. APN: 314-710-3700 APPROXIMATE LOCATION OF STORM DRAIN EASEMENT PER PM 14824 APPROXIMATE LOCATION OF WATER + SEWER EASEMENT PER PM 14824 INSTALLATION OF CONCRETE PAD & VOLTA ELECTRIC VEHICLE CHARGING STATION ENCROACHING 5' INSIDE THE 30' WATER + SEWER EASEMENT /2A iso EXHIBIT B 14837 Pomerado Road Poway, California 92064 APN: 314-710-3700 1"=100' ENCROACHMENT APPLICATION - EXHIBIT B