Encroachment Agreement No. 08-01 2008-0069987
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RECORDING REQUESTED BY ~f FEB 11. 2008 4'08 PM
CITY OF POWAY 1~IFF!CII..:o.L RECOF:[J',:.
,,~.i'l [:iECiO cnurJT"1 REC[IF,[q::':F:":> UFFICE
AND WHEN RECORDED MAIL TO' Ijf-:UiUFfl ,I ';~..111 H CFIUfH I F:l:IJI~',[IEF:
FEE';, 111:111
CITY CLERK ff11 PAGE~: 7
CITY OF POWAY 1IIIIil 1111111111111111111111111111111111111111 111111111111 III III!I 11111 1111 1111
POBOX 789
POWAY, CA 92074 7568
(This space for Recorder's Use)
APN: 323-010-20
ENCROACHMENT AGREEMENT NO. 08-01
No Documentary Transfer Tax Due
The City of Poway (herein called CITY) does hereby grant to Jahna Lerner
(herein called PERMITTEE), owner of APN 323-010-20, permission to encroach over
and within the City's existing right-of-way per document #69967 in Book 6107, Page
498 and 502 of Official Records, recorded May 21, 1956, for purposes of concrete
driveway and retaining wall.
Said permission is given subject to PERMITTEE, its heirs, successors or
assigns, by accepting the same, agreeing to the following conditions:
1 The consent granted 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 and 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 consent
contained herein relates only to the prior rights of CITY by virtue of its right-of-way and
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, ,
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3 The CITY will not be liable for any damage to the proposed construction on
CITY's right-of-way and easement resulting from future operation of the CITY's facilities
by CITY within the right-of-way and easement;
4 This assignment is made 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 and 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 and 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 and 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 and 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,
. . 7570
or for damage to property from any cause arising out of PERMITTEE's use of CITY's
right-of-way and 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 and 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 PERMITTEE, its heirs, successors or assigns, shall take out and maintain,
during the time the aforementioned encroachment remains on CITY's right-of-way and
easement, sufficient Liability Insurance covering all bodily and property damage arising
out of this permit (at least $1,000,000 for personal injury and $250,000 for property
damage) This policy shall name CITY and its officers, agents and employees as
additional insured, and shall constitute primary insurance as to CITY and its officers,
agents and employees, so that any other policies held by CITY shall not contribute to
any loss under said insurance The policy shall provide for thirty (30) days prior written
notice to CITY of cancellation or material change
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This agreement is granted pursuant to action taken by the CITY OF POWAY on
the ..::,)5 day of :r C..,I,rlU<Hj ,2008
DATED' 1- d S - ~ OOX
ACCEPTED' APPROVED BY
CITY OF POWAY
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By,,- 'h1;,,f, _#....e..r~
I L..----Prank Casteleneto
City Engineer
By'
(Signatures must be notarized Notary form attached)
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I CALIFORNIA ALL-PURPOSE 7572 I
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I CERTIFICATE OF ACKNqWLEDGMENT I'
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State of California
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I County of DIP~iJ
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On :~c-Jf: 7<hw",,) .).,0"" ,
before me, 1MI
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i personally appeared Joh Y,c, I.. J) well
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I who proved to me on the basis of satisfactory evidence to be the personts}.""hose nam~e subscribed to
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I the within instrument and acknowledged to me that he~/they executed the same in his. their authorized
I capacit~ and that by his/~/their signatur~ the instrument the person~r the entity upon behalf of
which the persontsf.acted, executed the instrument. i
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I certify under PENAL TY OF PERJURY under the laws ofthe State of California that the foregoing paragraph ,
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is true and correct.
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!i WITNESS my hand and official seal. s. K BROWNELL I
II COMM #1523898 lD I
NOTARY PUBUC-GAUFORNIA ~ I
<;. \::. f5ro i../II1 eJ...1 .-, 3AN OI~GO COUNTY ...... I
I, ~y l,.;OmH: EXPIres NOV~b~ J ~oo~ ( i
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II Sigllflture of Notaf',' Public
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II ADDITIONAL OPTIONAL INFORMATION I
II INSTRUCTIONS FOR COMPLETING THIS FORM
II Any acknowledgment comp/eled in California must contain verbiage exactly as
il DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the naion section or a separate acknowledgment form must be I
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properly completed and attached to that document. The onlv exception is if a I
II -' ....'; .I., "'~ :.-^ ducument is to be recorded outside ofCaliforma. In such instances, anya/(ernallve
ii (Title or description of attached document) ackllowledKment verbiage as mav be primed 011 such a document so long as the
II verbiage does not require the notan' to do somethmg that is illegal for a notary in i
California (i.e. certifying the authorized capaciZv of the, signer). Pleas~ check the
:1 (Title or description Ofalt<l:ched document continued') docUl1lf?1lt careful/v for proper notarial wording and auach this form if required.
Ii Number of Pages .3f- Document Date ;2\,K-, J"<" . State and County information must be the Stale and County where the document I
II signer(s) personally appeared before the notary public for acknowledgment I
I' d-<vu:;i"' . Date of notarization must be the date that the signer(s) personally appeared \....hich I
II mU$t also be the same date the acknowledgment is completed.
I, (Additional information) . "[be notary public must print his or her name as it appears within his or her I
ji commission followed by a comma and then your title (notary public). I
Ii . Pnnt the name(s) of document slgner(s) who personally appear at the time of I
" notanzation. i
il CAPACITY CLAIMED BY THE SIGNER . Indicate the correcqingular or plural forms by crossing off incorrect fOlms (i.e. I
D Individual (s) Re/she/~ is lare ) or circling the correct forms. Failure to correctly indicate this I
!I infonnation may lead to rejection of document recording.
il D Corporate Officer . The notary seal impression must be clear and photographically reproducible.
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11 Impression must not. cover. text or Jines, If seal impression smudges, re-seal if a
:i (Title) sufficient area penn its, otherwise complete a different ackno\vledgment form
Ii D Partner(s) . Signature of the notary public must match the signature on file with the oft1ce of
D Attomey-in-Fact the county clerk I
II .:. Additional infonnation is not required but could help to ensure this
D Trustee( s) acknowledgment is not misused or attached to a different document
i D Other .:. Indicate title or type of attdched document, number of pages and date
I .:. Indicate the capacitr, claimed by the signer. If the claimed capacity IS a
corporate officer, indicate the title (i,e, CEO, CFO, Secretary I
i . Securely attach this document to the,signed document
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2008 Version CAP A v121O.()7 8u(J-873-'::I865 www,NotaryClasses,com
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7573
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~~~~~~~!"I= ~="":=; = -~~:<Z:,- ~~~~
State of California }
County of San Diego
On ~.1A"'~'~Y:?J-'2{<yjlbefore me, Phyllis Shinn, Notary Public
Date Here Insert Name and nUe of lhe Otflcer
personally appeared r/}:.)/J.< (:qSJ7;.' L t.-ft{7fj
Namels)oISigner(s)
who proved to me on the basis of satisfactory evidence to
be the person(~ whose name~ is/a~ subscribed to the
within instrument and acknowledged to me that'
he/s'1je/tilily executed the same in his/h'J!r/tI:l6ir. authorized
I - - - - i capacity(illEi). and that by his/F'lj/Ir/ttllllr signature(~ on the
@ com:::'~ :'~ae91 instrument the person(\J)., or the entity upon behalf of
i Notary Public _ Callfornla I which the personOO acted, executed the Instrument
San Diego county .
t _ _ . . ."~-,,,WiW I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS m~ha diand official seal
( _ )' V
Signature 1.\, l/t~
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
.Title or Type of Document: L,AlC;2 &AC If /11 C /!//)d.C 11'7 ~~ U q1- Ai?;e ET ;11 c:- #I
Document Date: Vi1#vr /t7(' y 2'J- 2 GO Y Number of Pages: (j?
Signer(s) Other Than Named Above: ~r//l/.4 it7,<~
Capaclty(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual 0 Individual
o Corporate Officer - Title(s): 0 Corporate Officer - Tltle(s):
o Partner - 0 Limited 0 General RIGHTTHUMBPRINT 0 Partner - 0 Limited 0 General RIGHT THUMBPRINT
o Afforney in Fact . OF SIGNER 0 Afforney in Fact OF SIGNER
O li t Top of thumb here 0 li t Top ollhumb here
r~see ~OO
o Guardian or Conservator 0 Guardian or Conservator
o Other- 0 Other:
Signer Is Representing: Signer Is Representing:
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02007 National Notary Assoclallono 9350 De Solo Ava., P,Q.Box 2402 oChalsWorth, CA 91313-2402. www.NallonalNotary.or;hem.5.907Reorder.eanToII-F.ee1-80Q.876.6627
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EXHIBIT 'A'
ENCROACHMENT REMOVAL AGREEMENT.
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