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Encroachment Removal Agreement No. 23-0010 2024-00088651/11/24, 2:55 PM Batch 16878209 Confirmation RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY, CA 92074 APN: 273-900-32-00 DOC# 2024-0008865 IIIIII IIIII IIIII III I IIII IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Jan 11, 2024 02:20 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) This Encroachment Removal Agreement is being recorded to replace, correct and amend the Encroachment Removal Agreement recorded on April 21, 2016, as Document No. 2016-0786312 on file in the Office of the County Recorder of San Diego County. ENCROACHMENT REMOVAL AGREEMENT NO. 23-0010 The CITY OF POWAY (herein called CITY) does hereby give permission to the Thibodeaux Family Trust, dated March 7, 2017, (herein called PERMITTEE) owners of the following described real property in the City of Poway, County of San Diego, State of California, described as follows: Lot 32 of County of San Diego Tract 3842-1, in the City of Poway, County of San Diego, State of California, according to Map thereof 9620, filed in the Office of the County Recorder of San Diego County, April 15, 1980 to encroach within the City's easement for the purposes of constructing a recreational vehicle parking area consisting of precast pavers, fiberglass -reinforced Portland Cement Concrete (PCC), minor drainage features, and CMU retaining walls to raise the grade of the parking area. The limits of said encroachment are as shown on Exhibit "A", attached hereto and made a part hereof. 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 hftps://gs.secure-erds.com/Batch/Confirmation/16878209 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 (THIS SPACE FOR RECORDER'S USE) APN: 273-900-32-00 This Encroachment Removal Agreement is being recorded to replace, correct and amend the Encroachment Removal Agreement recorded on April 21, 2016, as Document No. 2016-0786312 on file in the Office of the County Recorder of San Diego County. ENCROACHMENT REMOVAL AGREEMENT NO. 23-0010 The CITY OF POWAY (herein called CITY) does hereby give permission to the Thibodeaux Family Trust, dated March 7, 2017, (herein called PERMITTEE) owners of the following described real property in the City of Poway, County of San Diego, State of California, described as follows: Lot 32 of County of San Diego Tract 3842-1, in the City of Poway, County of San Diego, State of California, according to Map thereof 9620, filed in the Office of the County Recorder of San Diego County, April 15, 1980 to encroach within the City's easement for the purposes of constructing a recreational vehicle parking area consisting of precast pavers, fiberglass -reinforced Portland Cement Concrete (PCC), minor drainage features, and CMU retaining walls to raise the grade of the parking area. The limits of said encroachment are as shown on Exhibit "A", attached hereto and made a part hereof. 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. PERM.ITTEE 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. 23-0010 Page 3 This agreement is granted pursuant to action taken by the CITY OF POWAY on the I H* day Of t4avEM � , 20 Z 3 . OWNER: Thibodeaux Family Trust, 03-07-17 By: Michael David Thibodeaux, Trustee (signatures must be notarized) CITY OF POWAY By: - f Trac each, P.E. City ineer (signature must be notarized) Approved as to Form: Office of the City Attorney `LIT 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 Dl�r� 10666 On 11USOW, i4,9033 before me, C— Notary Public, Date Here Insert Name anct Title of the Officer _ personally appeared rf x,b ,IFB L.. Tip :�01)5AO X f -A yAo �_�uf\ AVX Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that Vsue/they executed the same in Vs/her/their authorized capacity(ies), and that by fait/fir/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OF r L. MORALES W : Notary Public - California San Diego County My Commission # 2434329 Comm. Expires Jan 15, 2027 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 �_r-7 Sig Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: 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 ElAttorney in F ❑ Trustee ElGuard' or Conservator ❑ Other: Signer Is Representing: Numb of Pages: ,Sief6er's Name: ❑ Corporate Officer — El Partner — ❑ Limited ❑ Ge ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Cor ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 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 Vk l>I:tr v On 0/51&PP 3 before me, 6-tl—p, 06--tY' . P&4"c i Ir1WiC.(insert name and title of the officer), personally appeared . who proved to me on the basis of satisfactory evidence to bet 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. ' ry ELLIS WEBSTER Notary Public - California San Diego County Commission k 2452080 • �� �� My Comm. Expires Jul 1, 2027 Signature (Seal) 0 N Z = i o W N VERGE IRO& A II vpU 0 W r p U Q r U) C% J N co } W F_ Q U Z of = U)LU ~�Ca 0 J Q z w Q Ld o LU O 0 F- !:- r V¢00 W � C� zUm 0 U)Lu = 0-1 Z W <EnNN I U ZZ0 Q. ¢ UOW LU ILU U Q CD Z H W LL z LL 2 Q .- O F LLJ m Co. 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