Encroachment Removal Agreement No. ERA22-0009 2022-0349716RECORDING REQUESTED BY:
[0] k V&03 a
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P 0 BOX 789
POWAY, CA 92074
APN: 314-370-06-00
DOC# 2022-0349716
11111111111111 , 11111111111111111111111111111111111111111111111111111111
Sep 01, 2022 08:54 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)
ENCROACHMENT REMOVAL AGREEMENT NO. 22-0009
The CITY OF POWAY (herein called CITY) does hereby give permission to New Pointe
Investment 43 LLC, (PERMITTEE), 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", to
encroach within the City's easements for the purposes of installing retaining walls, drainage ditches
and pedestrian bridge crossings.
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 retaining walls, drainage ditches and pedestrian bridge crossings to be
installed within the City's easements.
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;
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;
Encroachment Agreement No. 22-ODO8
Page
O. PERK8|TTEE gh8U not UDr8esODabk/ interfere with the facilities of QTY. or with
access by CITY, during construction. PERKU|TTEE shall establish gF@deS. which, iDthe opinion of
the CITY, will provide easy access across the encroachment after completion;
7. All of C|TY'o facilities in the euGeDl8D[ are to be fully protected in a manner
satisfactory to CITY after construction;
8. PERK8)TTEE, its heire, successors or assigns, will be responsible for any damage
which may occur to C{TY's facilities in the easement by reason of the construction, location, or
DO8iOteO8DCe Of PERM|TTEE'S faci|it|eS, and for the cost Or any relocation of the facilities installed
within the easement by PEFlM|TTEE, its heirs, successors Or assiQns, should such relocation
become necessary by reason of the construction by CITY of additional facilities or appurtenances
thePaOD�
.
9. CITY, its Dfficers, enop|oyeeo, agents and directors shall not be answerable or
accountable in any manner for any |0sS or damage that may occur to facilities belonging to the
PERK8|TTEE, its heirS. GUcc8GsO[g or 8saigD8. or any part thereof; for any loss 0[damage tn any of
the materials, equipment or other things used or employed in constructing the same; for injury tonF
death of any pe[soD, either workmen or the public, or for damage to property from any cause
arising out Of PERK0|TTEE`S use of {}|TY'S eGSenleDt. or the c0OsdFUctiOO and [n8iDtnDanc8 Of
facilities thereon. PERK8|TTEE, its heirs, Gucoe88o[S or assigns, shall be solely responsible for all
of the foregoing. PERM|TTEE, its heirs, Succe8SQnS or assigns, Sh8|| hold h8[OO|eSS, indemnify, and
defend CITY, its directors, officers, employees and @0eOtS, from all claims, suits V[actions ofevery
name, kind and d8sC[iotiOO, including attorneys' fees, brought for, or OD account Of, iO/uh8S to or
death of any person or damage to property resulting or alleged to have resulted from
PERK8|TTEE'o use, or use by its heira, successors or assigns, of C|TY'o easement or the
construction and maintenance offacilities thereon;
10. CITY is to be without cost or expense of any kind in connection with this agreement;
12. The encroachment shall beinstalled and maintained iO8safe and sanitary condition
at the sole cost, risk and responsibility of the PERMITTEE and successors -in -interest; and
11 The PERK8|TTEE, its hei[8. GWcCesGV[s or assigns, Gh@U remove or relocate the
eOcr0aChnlerd. or @ portion ther8Of, Upon DOUfcGiiOO in writing by the City EDgiDga[ Of the City of
Poway, or the City may cause such work to be done at PERM|TTEE'a sole cost and expense, and
the cost thereof shall be a lien upon the land owned by the PERM|TTEE, its heirs, auCCessO[a or
Encroachment Agreement No. 22-0009
Page 3
This agreement is granted pursuant to action taken by the CITY OF POWAY on the
day of ,2022.
PERMITTEE: New Pointe Investment 43, LLC.
By: Date: 9/23/20-
Tyan&tr6m, Vice President
(Signature must be notarized)
(Signature must be notarized)
Approved as to Form:
Office of the City Attorney
Date: 7
Alan 'enstermacher, City Attorney
CALIFORNIA NOTARY ACKNOWLEDGEMENT
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 0G1411 'Z)Vo
V
On '161nt..;51212Z— before mew (insert name and title of the
officer), personally appeared ? We7r (-014 ikolk who proved to me on the
basis of satisfactory evidence i be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that helshe/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.
WITNESS my hand and official seat.
Signature
V
CARRIE LYNN BYRD
Notary Public - Catifor 11'a
San Diego County
Commission # 2388292
'
My Comm. Expires Dec 25. 2025
(Seal)
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 June 27, 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.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
SE' °vr YVONNEMANNION WITNESS my hand and official seal.
Notary Public - California =
San Diego County;
Commission #
2363699
Signature ,`
Comm. Expiresu, 20Signature oNo"ta�'rya "
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 Removal
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:
ment No. 22-0009
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
"EXHI BI T A ►►
PARCEL 1:
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 14 SOUTH,
RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY.
SUBDIVISION BOUNDARY
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PUBLIC SEWER & WATER ESMT
EXHIBIT
END OF LARCHMONT STREET
POWAY, CA 92064
SCALE: 1 " = 200'
APN, 314-370-05-00, 314-032-01-00