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Encroachment Removal Agreement No. ERA22-00144/7/23, 12:53 PM RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO : CITY CLERK CITY OF POWAY PO BOX 789 POWAY, CA 92074 APN: 273-102-16 Batch 15569675 Confirmation DOC# 2023-0091188 111111111111 lllll 11111111111111111111 lllll lllll lllll 111111111111111111 Apr 07, 2023 12:05 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. ERA22-0014 The CITY OF POWAY (herein called CITY) does hereby give permission to MIGUEL NUNES AND BOJANA SIMEONE, owner(s) of 17882 Old Winemaster Way, Lot 43 of City of Poway Tract No . 88-11, in the City of Poway, County of San Diego, State of California, according to Map Thereof No. 12761, filed in the Office of the County Recorder of San Diego County, December 28, 1990 (herein called PERMITTEE(S)), to encroach within a City's utility and private access easement for the purposes of installing a five-foot iron fence and gate . 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 an iron fence and gate 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 the 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 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; 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; hllps://gs .secure-recording. com/Batch/Confirmation/15569675 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 : 273-102-16 (THIS SPACE FOR RECORDER'S USE) ENCROACHMENT REMOVAL AGREEMENT NO. ERA22-0014 The CITY OF POWAY (herein called CITY) does hereby give permission to MIGUEL NUNES AND BOJANA SIMEONE, owner(s) of 17882 Old Winemaster Way, Lot 43 of City of Poway Tract No. 88-11, in the City of Poway, County of San Diego, State of California, according to Map Thereof No . 12761, filed in the Office of the County Recorder of San Diego County, December 28 , 1990 (herein called PERMITTEE(S)), to encroach within a City's utility and private access easement for the purposes of installing a five-foot iron fence and gate. 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 an iron fence and gate 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 the 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 owr,ied 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 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; 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 the 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 the 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; 13. The PERMITTEE, its heirs, successors or assigns, must guarantee that the improvements described on Exhibit A do not limit nor impede the access rights granted and more fully described per document number 1990-484220, of Official Records . Encroachment Agreement No . ERA22-0014 Page 3 This agreement is granted pursuant to action taken by the CITY OF POWAY on the J.. '.L day of l-"\ l\ r c b , 2023. Property Owner(s) NUNES Ml t EL & SIMEONE BOJANA By ~ MigueF (Signatures must be notarized.) CITY OF POWAY City Engineer (Signatures must be notarized.) Approved as to Form: Office of the City Attorney Ufa~ Alan Fenstermacher, 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 S.A.N b:LS Go On vvw-.e,~ 9-d-/ 84,ra.) before me, L MuP,&LCS ; {\)()T/iv)-f pv~ttc., (insert name and title of the officer), personally appeared /\\l-..J})'JS., r,ll'.(711\iL tJV~~ t· J:>rti'.:Al'·-'A 5,.S:f'.l'!i)uiJ5 , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ~/are subscribed to the within instrument and acknowledged to me that pe/s_l:n3/they executed the same in his7her4'their authorized capacity(ies), and that by tJ;s/t,er/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. (Seal) L. MORALES Notary Public -California ~ San Diego County J if, Commission# 2434329 - My Comm, Expires Jan 15, 2027 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 March 22, 2023 before me, ___ Y_v_o_n_n_e_M_a_n_n_io_n~, _N_o_ta~ry_P_u_b_li_c ____ _ Date Here Insert Name and Title of the Officer personally appeared _______ T_ra_cy~B_e_a_c_h ________________ _ 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 MANNION Notary Public -California z San Diego County ll; Commission # 2363699 - y Comm. 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 No. 22-0014 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: _________ _ ~'@i,~~~~~~~~~~~~ ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 , ... -,-·-··-·•-·i-·•-··-··-··-··~··--------------------------r--------· \ \ . 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