Encroachment Removal Agreement No. 22-0008 2022-0449284RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
APN: 273-830-12-00
DOC# 2022-0449284
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Nov 28, 2022 08:36 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 REMOVAL AGREEMENT NO. 22-0008
The CITY OF POWAY (herein called CITY) does hereby give permission to CHANG
LIVING TRUST, dated July 01, 2005, owners of Lot 13 of County of San Diego Tract No_ 3469-2 in
the City of Poway, County of San Diego, State of California, according to the map thereof No.
8847, filed in the office of the County Recorder of San Diego County, California May 03, 1978,
(herein called PERMITTEE), to encroach within the City's Right -of -Way for the purposes of
installing driveway pavers.
The limits of said encroachment are as shown on Exhibit A, attached hereto and made a
part hereof, and described as follows: the construction, installation, maintenance, repair and as -
needed reconstruction of approximately 100 square feet of pavers to be installed within the City's
right-of-way.
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 right-of-way, 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 right-of-way 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
right-of-way resulting from future operation of the CITY's facilities by CITY within
the right-of-way;
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;
-)I IL - L0`i
Encroachment Agreement No. 22-0008
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 right-of-way 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 right-of-way 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 right-of-way 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 right-of-way, 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 right-of-way 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. 22-0008
Page 3
-eta
This agreement is granted pursuant to action taken by the CITY OF POWAY on the day
of t c ,, , 2022.
Property Owner
CHANG LIVING TRUST, dated July 01, 2005
Terence S. Chang, Trustee — Jq nette E. Chang, Trustee
(Signatures must be notarized.)
CITY OF POWAY
-4 -7 b -,eJ,
By:
Tracy each, P.E.
Acting City Engineer
(Signatures must be notarized.)
Approved as to Form:
Office of the City Attorney
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 October 4, 2022 before me, Yvonne Mannion, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Terence C. S. Chang and Jeanette E. Chang
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.
YVONNEMANNION WITNESS my hand and official seal.
Notary Public - California Z
_ San Diego County >
= ` Commission 9 2363699 Signature �
My Comm. Expires Jul 1, 2025
j° 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 Removal Agreement No. 22-0008
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
n nthAr-
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
n nthPr-
Signer Is Representing:
02016 National Notary Association • www.NationaiNotary.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 October 7, 2022
before me, Yvonne Mannion, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Tracy Beach
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.
® WITNESS my hand and official seal.
*my
YVONNEMANNION
Notary Public - Cafa San Diego CountyCommission # 2363699Signature Comm. Expires Jul 1, 2025 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 Removal Agreement No. 22-0008
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
F -1 Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
F-1 Other:
Signer Is Representing:
02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
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