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
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CITY OF POWAY MAR 10. 2006 4 46 PM
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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