Encroachment Removal Agreement No. 22-0022 2022-0453479RECORDING REQUESTED BY :
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
PO BOX789
POWAY, CA 92074
DOC# 2022-0453479
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Nov 30, 2022 11 :49 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $26 .00 (SB2 Atkins: $0.00)
PAGES: 5
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT REMOVAL AGREEMENT NO. 22-0022
The CITY OF POWAY (herein called CITY) does hereby give permission to LENNAR
HOMES OF CALIFORNIA, LLC, a California limited liability company, owner (herein called
PERMITTEE) of real property located in the City of Poway, California, more particularly described
as Lots 1 through 137, 145 through 192, A through 0, and R through Wof Map No. 16478 & Lots
138 through 144 and A and B of Map No. 164 79 , in the County of San Diego, State of California,
filed in the office of the County Recorder of San Diego County, October 27 , 2021 {hereinafter referred
to as the "PROPERTY") to encroach within the City's right-of-way or easement for the purposes
outlined below.
The limits of said encroachments are as shown on the approved rough grading plans (G21-
0001), precise grading plans (G21-0014), improvement plans {STl21-001), Map Nos. 16478 &
16479, and landscape plan (LP22-003) and are described as follows :
1. Enhanced paving over the public storm drain within the Espola Road right-of-way and within
the City utility easements throughout
2. Private storm drain and storm drain structures within the St. Andrews Drive and Boca Raton
Lane right-of-way
3. Private storm drain, storm drain structures, waterline protection concrete bridges, water and
sewer, trail, fencing, walls, lighting, signage, bollards, landscape and irrigation within City and
public sewer, water, utility, storm drain and drainage 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 right-of-way or 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 right-of-way or easement in said lands,
and nothing contained herein shall be deemed a representation by CITY of the right to grant a right-
of-way or easement 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 or easement resulting from future operation of the CITY's facilities by CITY within
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
PO BOX 789
POWAY, CA 92074
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT REMOVAL AGREEMENT NO. 22-0022
The CITY OF POWAY (herein called CITY) does hereby give permission to LENNAR
HOMES OF CALIFORNIA, LLC, a California limited liability company, owner (herein called
PERMITTEE) of real property located in the City of Poway, California, more particularly described
as Lots 1 through 137, 145 through 192, A through 0, and R through W of Map No. 16478 & Lots
138 through 144 and A and B of Map No. 16479 , in the County of San Diego, State of California,
filed in the office of the County Recorder of San Diego County, October 27, 2021 (hereinafter referred
to as the "PROPERTY") to encroach within the City's right-of-way or easement for the purposes
outlined below.
The limits of said encroachments are as shown on the approved rough grading plans (821-
0001), precise grading plans (821-0014), improvement plans (STl21-001), Map Nos. 16478 &
16479, and landscape plan (LP22-003) and are described as follows:
1. Enhanced paving over the public storm drain within the Espola Road right-of-way and within
the City utility easements throughout
2. Private storm drain and storm drain structures within the St. Andrews Drive and Boca Raton
Lane right-of-way
3. Private storm drain, storm drain structures, waterline protection concrete bridges, water and
sewer, trail, fencing, walls, lighting, signage, bollards, landscape and irrigation within City and
public sewer, water, utility, storm drain and drainage 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 right-of-way or 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 right-of-way or easement in said lands,
and nothing contained herein shall be deemed a representation by CITY of the right to grant a right-
of-way or easement 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 or easement resulting from future operation of the CITY's facilities by CITY within
the right-of-way or 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 or easement. 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 or 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 right-of-way or 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 right-of-way or 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 right-of-way or 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 right-of-way or 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;
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. 22-0022
Page 3
This!Jj_reemeryt ~s!ranted pursuant to action taken by the CITY OF POWAY on the l9 day of
l/(ff}t;&L_ , 201,,7-. , --
OWNER: LEN
CITY OF POWAY:
Acting City Engineer
Vice President
lifornia limited liability company
Date: "\i. {z, q, / Z-l--
(signature must be notarized) (
(signature must be notarized)
APPROVED AS TO FORM:
Office of the City Attorney
t,;,d. ~ A/.... Fe~~ tu-,.,«.&-4..,..
Alan Fenst acher
City Attorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing 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 ofY\--i ~l ~ o
On NoJ zc1 ?bZ-2-before me, Richard R. Keller , Notary
Public, personally appeared Au:,XANt>dL.. l-, f t,,,15rf/\l~ ,
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 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.
~ /L-/A__ __ _
'ee ft e e e, :H~D~. :l~t ft J
,. ~ · ; Notary Public • California z I . ' : San Diego County ~
• • Commission# 2273723 -
•' My Comm. Expires Jan 21, 2023
Richard R. Keller (SEAL)
ACKNOWLEDGMENT
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 5 a. rt D 1-f?# 0
On 2d/lJov l:m22= before me, ~124-IJ <siewa!T mfutM
Df--L I --,-(insert name and title of the officer) 1 1
personally appeared ---'--+-=..,___~L.._-"'--"-="""""'"--'=c,'1:::., ____,__-______________ _
who proved to me on the basis of s 1sfactory 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 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.
! .J ·""· .. . LAURA A. STEWART t ;,: '-_ s:. • · Commission No. 2282980 > ~ .. ..: NOTARY PUBLIC -CALIFORNIA ~
i · · SAN DIEGO COUNTY ~ ~ l """"""'""'A'""·'°". !
Signa re ~a,· ~(Seal)