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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 1 1 . 1 ►/ lOT6 � I ► 1 ► cc i O ca I ► i ` ` —` l i ► ! LOT 7 4 `1 LOT5 C/) Icc I I I LOT O +� RIVATE STREET A' LOT ���-r` , o DRAINAGE DITCH & `��� m PEDESTRIAN CROSSING " �-- 1�\`\ti .`f ---------------- - fi`- . ► LOTS LOT 2 ; • _ t` ~\\\ LOT ► ��/� LOT 1 LOT 10�- 1 G%' t\t ► ? mW 30.-SUBDIVI ION QUN ARY PUBLIC SWR & WTR ESMT PRIVATE STREET'B' RDITCH & STORM DRAT DRAINAGE DITCH PEDESTRIAN CROSSING INLET & PIPE PEDESTRIAN CROSSING RIVATE STORM DRAIN WITHIN RETAINING WALL PUBLIC SEWER & WATER ESMT EXHIBIT END OF LARCHMONT STREET POWAY, CA 92064 SCALE: 1 " = 200' APN, 314-370-05-00, 314-032-01-00