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Encroachment Removal Agreement No. 23-003 2023-00764333/24/23, 4:28 PM Batch 15507597 Confirmation RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: APN: 31 CITY CLERK CITY OF POWAY P O BOX 789 POWAY, CA 92074 DOC# 2023-0076433 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111111111111111111111 Mar 24, 2023 01:05 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $29.00 (SB2 Atkins: $0.00) PAGES: 6 (THIS SPACE FOR RECORDER'S USE) ENCROACHMENT REMOVAL AGREEMENT NO. 23-0003 The CITY OF POWAY (herein called CITY) does hereby give permission to KINSELLA LIVING TRUST, dated December 03, 2021, owners of Lot 9 of City of Poway Tract No. 97-04, in the City of Poway, County of San Diego, State of California, according to map thereof No. 13871, filed in the Office of the County Recorder of San Diego County, October 29, 1999, (herein called PERMITTEE), to encroach within the City's easement for the purposes of installing driveway pavers and relocating two existing driveway bollards to each side of the driveway. 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 48 square feet of pavers to be installed and two four -foot tall bollards to be relocated to each side of the widened driveway 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 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 an 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 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; https://gs.secure-recording.com/Batch/Confirmation/l 5507597 1 /2 RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY, CA 92074 APN: 314-033-09 (THIS SPACE FOR RECORDER'S USE) ENCROACHMENT REMOVAL AGREEMENT NO. 23-0003 The CITY OF POWAY (herein called CITY) does hereby give permission to KINSELLA LIVING TRUST, dated December 03, 2021, owners of Lot 9 of City of Poway Tract No. 97-04, in the City of Poway, County of San Diego, State of California, according to map thereof No. 13871, filed in the Office of the County Recorder of San Diego County, October 29, 1999, (herein called PERMITTEE), to encroach within the City's easement for the purposes of installing driveway pavers and relocating two existing driveway bollards to each side of the driveway. 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 48 square feet of pavers to be installed and two four -foot tall bollards to be relocated to each side of the widened driveway 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 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 an 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 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; Encroachment Agreement No. 23-0003 Page 2 5. Only those utilities or improvements described above are permitted along or across the 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 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 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 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 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. 23-0003 Page 3 This a reemey�t is granted pursuant to action taken by the CITY OF POWAY on the S3 day of A V;C A 2023. Property Owner ` KINSELLA LIVING TRUST, dated December 3, 2021 By: F111144vi f! By. --L Todd M. Kinsella, Trustee Laura D. Kinsella, Trustee (Signatures must be notarized.) CITY OF POWAY By: -e't� TraEy Beach, P.E. City Engineer (Signatures must be notarized.) Approved as to Form: Office of the City Attorney jl'Ae� A-- --AFan-Fenstefineehef, City Attorney JFt %J 5,0 r`.J PAt-'-0 "s- Encroachment Agreement No. 23-0003 Page 4 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 On IMM /3i ZOZ3 before me, �I�l x �% J rG� (insert name and title of the officer), personally appeared _TCa,(,1 i?1./���2,e�:l ��,>,r�,� La"li; h 1�S /lei; 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. Signature (Seal) • , ELLISSA HAYWARD COMM. #2369782 a a NOTARY PUBLIC-CALIFORNIA m SAN DIEGO COUNTY My Comm. Dares September 1, 2025 ���� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 cR^.c�A�-t�.crc�hi=<z'r�.�l`.c�c;crc�4,r-�Y.;s��(.;c-K`.c'K�,cK�,i-Y�,cis^�A�`.c�,c-�,�✓,�^,c�r.�t'�ni ,ct�� �-v �,c-(`.c-�C;c°arc-Q'^1.��'^",c-�c�,cK�S�Y.S�% 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 March 15, 2023 Date before me, Yvonne Mannion, Notary Public 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. YVONNE MAN NION Notary Public . California i = San Diego County > Commission # 2363699 Comm. Expires Jul 1, 2025 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. Signature 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 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: reement No. 22-0003 Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n nthpr- Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 INSTALL EXIST'G PAVERS CONC. DRIVEWAY INSTALL PAVERS TYP. DEVELOPMENT - DRIVEWAY BOLLARD RELOCATED FOR WIDENING PURPOSES ® ® m ® o PROPERTY LINE a5e� EXHIBET A 15090 SADDLEBROOK LANE SCALE: 1"= 10'-0" POWAY, CALIF. 92064 APN 314-033-09 i�♦+i�i�i�i�MINOR i�i�i�i�i�ii ............. ® TYPCAL DRIVEWAY BOLLARD