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Encroachment Removal Agreement No. 22-0002 2023-00568783/6/23, 3:33 PM RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO : CITY CLERK CITY OF POWAY PO BOX 789 POWAY, CA 92074 APN : 317-130-63-00 Batch 15426373 Confirmation DOC# 2023-0056878 1111111111111111111111111111111111111 lllll lllll lllll 111111111111111111 Mar 06, 2023 03:08 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES:8 (THIS SPACE FOR RECORDER'S USE) ENCROACHMENT REMOVAL AGREEMENT NO. 22-0002 The CITY OF POWAY (herein called CITY) does hereby give permission to Liberty Creek B D Partners 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 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, installat ion, maintenance, repair and as- needed reconstruction of one-inch electrical conduit 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 perm1ss1on 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; hllps ://gs.secure-recording.com/Batch/Confirmation/15426373 1/2 RECORDING REQUESTED BY : CITY OF POWAY AND WHEN RECORDED MAIL TO : CITY CLERK CITY OF POWAY PO BOX 789 POWAY, CA 92074 APN: 317-130-63-00 (THIS SPACE FOR RECORDER'S USE) ENCROACHMENT REMOVAL AGREEMENT NO. 22-0002 The CITY OF POWAY (herein called CITY) does hereby give permission to Liberty Creek B D Partners 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 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 one-inch electrical conduit 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 perm1ss1on 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 . 22-0002 Page 2 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 fac ilities 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, in j uries 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; 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 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; Encroachment Agreement No. 22-0002 Page 3 q~ k This agree pursuant to action taken by the CITY OF POWAY on the ___ day of _l...L!L=~A,L,4,=--"1:------' 2022 . PERMITTEE: Liberty Creek BO Partners, a Delaware limited liability company CITY OF POWAY: ~ Meloay Rocco , P.E . City Engineer Approved as to Form : Office of the City Attorney (Signature must be notarized) (Signature must be notarized) w~ AlanLher, City Attorney Date : ---- CALIFORNIA ALL-PURPOSE A CKNOWLEDGMENT 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 5o-n D~e._)0 ) f ( C'+i-~ A ~ ,., '>.7 ~ \~.~~_:y,\ b On , c:» ~,._,,5f 0''-t., before me, l.)..) _:::..,,,/1 Notary Pu lie, Date (1 ?>~Here Insert Name and Title of the Officer ?r~,ve personally appeared _ _Q_,__.L..,C.~_c-_-__ .=,. ______________________ _ 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. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS~ Signature ~ '. Signature of Notary Public ----------------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: ___________________________ _ Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: _____________ _ Signer Is Representing : _________ _ 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 August 17, 2022 before me, ___ Y_v_o_n_n_e_M_a_n_n_i_o_n~, _N_o_ta__.ry_P_u_b_li_c ____ _ Date Here Insert Name and Title of the Officer personally appeared ______ M_e_lo_d_y~R_o_c_c_o ________________ _ 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. •••••••• f YVON'IE MANNION Notary ? Jb,ic • California z Sdn Diego County ~ Cor;,-ission I! 2363699 - y Co,,,,.,. Expires Jul 1, 2025 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ----------------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 ERA22-0002 Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: _____________ _ Signer Is Representing : _________ _ Signer Is Representing: _________ _ ~. ~~~ ©2016 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" ALL THAT CERTAIN REAL PROPERTY, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, DESCRIBED AS FOLLOWS: APN: 317-130-63 ADJUSTED PARCEL A AS SHOWN ON CERTIFICATE OF COMPLIANCE AS EVIDENCED BY DOCUMENT RECORDED SEPTEMBER 4, 1980 AS INSTRUMENT NO. 80-285139 OF OFFICIAL RECORDS, AS AMENDED BY THAT CERTAIN CERTIFICATE OF CORRECTION RECORDED JULY 23, 1981 AS INSTRUMENT NO. 81-232956 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 2 OF COUNTY OF SAN DIEGO TRACT NO. 3844-1 ACCORDING TO MAP THEREOF NO. 9561, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 20, 1980: EXCEPTING THEREFROM THAT PORTION OF SAID LOT 2 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2, THENCE NORTH 1°16'19" EAST ALONG THE MOST EASTERLY LINE OF SAID LOT A DISTANCE OF 133.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88°43'41" WEST A DISTANCE OF 65.42 FEET; THENCE NORTH 1°16'19" EAST A DISTANCE OF 3.92 FEET TO AN ANGLE POINT IN THE EASTERLY LINE OF SAID LOT 2; THENCE SOUTH 88°43'41" EAST A DISTANCE OF 65.42 FEET TO AN ANGLE POINT IN THE MOST EASTERLY LINE OF SAID LOT 2; THENCE SOUTH 1°16'19" WEST ALONG SAID MOST EASTERLY LINE A DISTANCE OF 3.92 FEET TO THE TRUE POINT OF BEGINNING. C) 3: 0 >-' a5 I X w i-s 0 z 0 u _J <I: "=' 0:: 1-u w _J w Q_ 0 I Ul w w LI... LI... 0 u Ul C) 3: 0 1-u J w I Ul Ul C) 3: 0 i5 _J <I: I i 0 Q_ 0 0 <( L 0 <I: 0 D:'. ~ z ::i ::;; ::;; 0 u LOCATION OF ENCROACHMENT POWAY ROAD ----- ~L-----,----------------------------7 jll~SS~UE~D)!_~AT~E,:~0~6/~v1~0/~22=-~~-m-r--------r--=-po=--:-w~A~Y:--:T=o~w~N---:A~N=D---::C:O~U:NTR~Y7 ELECTRICAL CONDUIT 13414-13510 POWAY RD. ENCROACHMENT POWAY CA 92064 ::e 9449 BALBOA AVE, STE 270 AGREEMENT SHEET 1 OF 1 ~L~sA~N~D~IE£GO~,_£CA~9~2~12~3 _!61~9.~29~9-~ss~so~L _______ ..J... _____ --1. _____ _ PROPOSED GRIND AND OVERLAY PROPOSED BlmllNG ,,Jl.;HT PER I• CONDOT PER B ~ I PLANS, SHEET UILDING / / EU A -,----= _ . ( ,Z ~,= ':,._ A ~ / c::_ ---, =-__ u T 7,:>~\r-'7 -;l -E --. -/1 / I 5'M I D£scme,,,_ _l.if __ L_ #" /--r-~ _ r E 0'Q~L. --.-1-,½-_l_ ___, 1 .=-1E -- / ,~- A SAWCUT LINE ISSUE DATE: DATE APPR / r / ,,,~ / ' ~~ //Al c,<J '19:~ I ~A~ / ~~ / ~- / / / c,O // / / / 1 NOTE: TRAFFIC CONTROL WILL BE PLACED ON SITE TO DIRECT CARS AROUND WORKING AREA. IF WORK IS NOT COMPLETE, METAL PLATES WILL BE LAND DOWN TO COVER THE TRENCH. ( 49B.06)EG 1.00' MIN. /_,... I I I \ \ EXISTING GRADE @ CROSS-SECTION (496.99)EG ----1.00·~ '\MIN. \\ 1" CONDUIT 7.00' .l 30" BELOW j EXISTING GRADE 2.5 (487.BB)IE '->-__,... / / ,.___________ EXISTING 72" RCP CROSS-SECTION A-A SCALE: 1 • -5' // // ~ -8- 1 0 5 SCALE IN FEET 1 inch = 5 ft. 10 DRAWN BY : CHECKED BY : B&W JOB NUMBER: CLIENT JOB NUMBER: PROJECT POWAY TOWN AND COUNTRY CENTER COFFEE SHOP DRIVE THAU 13438/13440 PONAY ROAD PONAY CA, 92064 SHEET TITLE ELECTRICAL CONDUIT