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Encroachment Removal Agreement No. 06-01 2006-0170022 . 19043 - .-- . DOC # 2006-017002"2- ., RECORDING REQUESTED BY \ \nl'I\' 11'11'\\ mIl nIl' '111\ nl'l 11'\1 IU\\ nlll nIl' \\ll' 111\ In\ I f1 CITY OF POWAY MAR 10. 2006 4 46 PM (pf AND WHEN RECORDED MAIL JO' OFF1Clt.\,L F:ECCiR["::o _ _ _ \cJ)'^ '-,I.:.,t'l D1EC-iCl C[IUtH'1 R~[:OF1,C'EF,"~ ~ l~FII~(. CITY CLERK 1~~REI3UF;'1 ,I ':J.-111H ,~uUtH 'i' REUJF,['E I 'FEE,. [:00 CITY OF POWAY F't.\.GE':I, b P 0 BOX 789 \ \U\\\ 11\\\ 111\\ 11\\11\\\\ )1\\\ 11\\\ IIIII 11\\\ 11m \1111 \11\\ \1\1\ \1111 \1\\ \\\\ POWAY, CA 92074 .!OO6-0170022 No tranSfer tax due (This space for Recorder's Use) APN 314-561-01 ENCRO~CHMENT REMOVAL AGREEMENT NO. 06-01 13344.Brian Park Lane The City of Poway (herein' called CITY), does hereby grant to Fenner M. Fritz and Janis G Fritz, Trustees of the Fritz Family Trust (hElrein called PERMITTEE); owners of Lot 139 of Midland Estates, Unit No 4, in the County of San Diego, .State,of Cal}fornia, ~cc_6rding Jo~he_ M~e ther~of No. Z~~3.;flledJh. ~he ,Office. of. the County Recorder of San Diego County, January 9, 1973, permission to encroach over and within thE! City'!; existing righh6h"Jay along Brian Park La'hef6f purposes of constructing and maintaining' a retaining'wallwith landscaping and concrete steps. 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 ClifY 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 nerern relates only to the prior rights of CfTY:by virtue of its right-of-way and easementdn saicllan(js, and nothing contained herein shall be deemed a representation , Olo-tS2S . .044 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 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 anc! successors of PERMITTEE, 5 No utilities or improvements other than those described above will be permitted along of across the right-of-way and easem.ent. If other utilities or improvements are proposed, an additional encroachment removal agreement will be required; 6.. PERMITTEE shall not un':.eason!1i?ly 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 crr'v"s facilities in the rightcof~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; . . 19045 9 PERMITTEE shall furnish CITY with record drawings after the work has been completed, 10 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 toe public, 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 ~r assigns, of 91.IY's right~of-way and easement or the construction and maintenance of facilities thereon; 11. CITY is to be without cost or expense of any kind in connection with this agreement; 12, 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; 13 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 alien upon the land owned by the PERMITTEE, its heirs, successors or assigns, 14 PERMITTEE, its heirs, successors of as signs, shall take out and maintain, during the time the aforementioned encroachment remains on CITY's right-of-way and . .9046 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 fof thirty (30) days prior written notice to CITY of cancellation or material change , This agreement is granted pursuant to action taken by the CITY OF POWAY on the \k day of f~/ ,2006 DATED' ?-J l~ (D~ ACCEPTED' APPROVED BY CITY OF POWAY .- By' ~~' Fenner M. Fritz, Trustee Frank D Casteleneto ~? City Engineer By' ~.,h Jcifils G. Fritz, Trustee . (Signatufesmust be:notarized. Notary .form a,ttachec!.) CA.L1FORNIA ALLoPURPIE ACKNOWLEDGMENT · 19047 State of California County of San Diego On m,I('114rc"l IL/. 2 O{)( {J before me, Phyllis Shinn, Notary Public Date .(_ ., tName andTltle of Officer (e,?ane Doe, NolaryPublic"1 personally appeared n__fi/A/ <../1 1)'\."'l;V t-, '-.. 4 /IJ IS 6 r/2' T z. , / Name(s) of Signer(s) o personally known to me - OR -~roved 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 I')ej~'J.\ejthey execUted the J- - - - - - . \L " PH;'L~ S~INN -- , same in hjs/h,Br/theirauthoriied capacity(i5's), and that by _~ com. m",lo, n #, '.450304 J. ~iS/h&[/their signature(s) on the instrument the person(s), ~" -. NOtary Public. California l or the entity ~pon behalf of which the person(s) acted, ) SOn Diego C~nlV f executed the instrument. MV Com",. ExpIfes Nav 9.2007 - - - - - - - - ~ - - - WIT.~S~JY hand and O:iC~~1 seal. c~flJ, J;6-7'1,"~ ( / Signature of Notary Public 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: D Individual D Individual .. D Corporate Officer D C;o(porate Officer Title(s): Title(s): D Partner - D Limited DGeneral D Partner - D Limited D General D Attorney-in-Fact D Attorney-in.Fact D Trustee D Trustee . ". . RIGHT THUMBPRINT D Guardian or Conservator . D Guardian or Conservator OESIGNER o Other' Top of thLimb here 0 Other" Top of thumb here Signer Is Representing: Signer Is Representing: C 1994 National Notary Association. 6236 Rernme! Ave."P.O. Box 7184 . CanOga Park,' CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 -- ...--- ? CALIFORNIA ALL-PURPlE ACKNOWLEDGMENT e19048 . State of California County of S"n Diego .17 ? //JtJ{; On / / -!}JZ.c ff ~',~. .7 before me, Phyllis Shinn, Notary Public Dale" _ !... Name and Title of Officer (6 9 Jane Doe, Notary Public") personally appeared mA ;t1< J. Dq.5TC L Ctv c.-:::;-O , Name(s) ofSigner(s) ~ersonally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(~ / whose name(~ isia'r<i. subscribed to the within instrument and aCknowledged'to me that heis}~~tbay executed the same in hisi~~rit~r aut~orized capacity(i~l.. and that Py ~ - - - - _ _ _ _ _ _ __ hisif!e'ritttefr signature(~f.on the instrumentthe person(~). . ~ ""'"'- l. ,,,",,,,,, "P""",,, '" ""'''' ,", """'"\~ '''''"' ~,' ,CommlSSlon # 1450304 executed the instrument. ~. . -",- Notary Public. Callfomta I j ,', _SanDiegoCounly - ." _ .~ _ ~:o~m:..~~9~2~7f WITNESS my hand and OfflCla~eal. CiLpJ2:. C~'7~ U Signatureo! Notary Public OPTIONAL Though theinformation below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. -- - -Description'ot-Attached Document -- - -- - Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: D Individual D Individual D Corporate Officer D Corporate Officer Title(s): Title(s): D Partner - D Liniited D General D Partner - D Limited D General D Attorney-in-Fact D Attorney-in-Fact D Trustee D Trustee D Guardian or Conservator RIGHT THUMBPRINT D Guardian or Conservator RIGHT THUMBPRINT OF SIGNER OF SIGNER D Other' -Top of thumb here D Other' Top of thumb here Signer Is Representing: Signer Is Representing: C 1994 National N'otary Associatio~. 8236 RernmetAve., P.O. Box 7184. Canoga Pal1<:, CA 91309-7164 PrO<!, No. 5907 Aeorder: Call Toll-Free 1.800-876-6827