Encroachment Removal Agreement No. 06-02 2007-0239674
- .
~.
. D~~~ # ')Q()7-()':':3Qf='7.1
-, .:_ _I _<- __J l
. . i 11111111 1111I111 lIill lIilllllll 11111 111111111111111111111111111111111
RECORDING REQUESTED BY
~R CITY OFPOWAY APR 10, 2007 2:58 PM
ll, AND WHEN RECORDED MAIL TO' CiFFICLI.l,L HErllR[I(,
,'-",['J 1.'IUiQ cour'nl nl.=TI-IF:[IEP."::, OfT I I L-
"of IjHt-.(~UF:', ,I .r."jj i'H, LClllrn'l ~1EUJF:[It:R
FEE; n,l]l-j
CITY CLERK F-.::FiE'-, "
CITY OF POWAY 9957 1 111111 II!II 11111 1I1111111I II!II 11111 I1I11 11111 11111II111 11111111111111111111111
POBOX 789
POWAY, CA 92074 2007 -0239674
~-- -.--- -~. -- -
(This space for Recorder's Use)
APN 314-641-12
ENCROACHMENT REMOVAL AGREEMENT NO. 06-02
15358 Midland Road
The City of Poway (herein called CITY), does hereby grant to Robert Alvarez
(herein called PERMITTEE), owner of Lot 47 of San Diego County Tract No. 3753-3, in
the City of Poway, County of San Diego, State of California, according to the Map
thereof No 9071, filed in the Office of the County Recorder of San Diego County,
January 3, 1979, permission to encroach over and within the City's existing right-of-way
along the frontage of the subject parcel for purposes of constructing and maintaining a
retaining wall and associated landscaping.
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
61-0?O
. . 9958
~
, 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 and successors of PERMITTEE,
5 The improvement described above shall be in accordance with the plans
provided by the PERMITTEE and on file with CITY
6 No utilities or improvements other than those described above will be
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,
7 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,
S 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,
9 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
. . 9959
necessary by reason of the construction by CITY of additional facilities or
appurtenances thereon,
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 the
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 or assigns, of CITY'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 a lien upon the land owned by the
PERMITTEE, its heirs, successors or assigns,
14 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
. . 9960
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.
This agreement is granted pursuant to action taken by the CITY OF POWAYon
the /1 day of /,\U(,( /;;r ,2006
ACCEPTED' APPROVED BY
I \
i w~}~ CITY OF POWAY
//;U~<<;~~-> -..---'
IJ 'hJ
\' , I
~.jii L ri
. \'''' ^ I L/1=rank D - Casteleneto
~obei1 Alvarez
, City Engineer
(Signatures mustbe notarized Notary form attached)
. . 9961
C,ALlFORNIA AlL.PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On !Jilt; II '57 /1 2t){) G before me, Phyllis Shinn, Notary Public
D'i'Jd 1 Name and Title of Officer (e 9 Jane Doe, Notary Public")
.L L tI /h:; C -Z-
personally appeared (),~O('/
Name(s) 01 Slgner(s]
o personally known to me - OR - ~proved to me on the basis qf satisfactory evidence to be the person~
whose name(~ is/~ subscribed to the within instrument
and acknowledged to me that he/~e/ttMy executed the
same in his/~r/th)fir authorized capacity(i~), and that by
~ - - - - - - - - - - - - ~ his/hXr/thW signature(~ on the instrument the person($1,
a C PHVlllSSHINN or the entity upon behalf of which the person(~acted,
- ommlulon # 1450304 ' /
i . -iii Notary PubHc . CaHfornta f executed the instrument.
j' San Diego Counly -
_ _ _ ~v:,,:m:!~~~9.:.2~7t WITNESS my hand and official seal.
X ~ ~ ~
( '1j4'''f2~~~~
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:
o Individual o Individual
o Corporate Officer o Corporate Officer
Title(s)' Title(s):
o Partner - 0 Limited 0 General o Partner - 0 limited 0 General
o Attorney-in-Fact o Attorney-in-Fact
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator RIGHT THUMBPRINT
. OF SIGNER
o Other' Top of thumb here o Other' Top of thumb here
Signer Is Representing: Signer Is Representing:
e 1994 National Nolary Association. 8236 Remmet Ave., P.O. Bole: 7184. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
. . 9962 ~
C.UIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
Stateot California
Coun~of San Diego
On ttU0/;/ 5T /01 , Z- CO U before me, Phyllis Shinn, Notary Public
OaI8'_ 0- /j Name and Title of Officer Ie 9 Jane Doe, Notary Public")
personally appeared /"2,.1 /II/< ( /-) s 17::- L. C/V/,,-/l)
, Name(s\ of Slgner(s)
~rSOnallY known to me - OR - D proved to me on the basis of satisfactory evidence to be the personlAf
whose name~ is/a~ subscribed to the within instrument
and acknowle ged, to me that he/shiJ/tJ)ey ~xecuted the
same in his/~/tHiir authorized capacity(i~, and that by
_ _ _ _ his/~'el:!thfiiJ 6ignature(~ on the instrument the p~on(~
1 ~ - - ~ 4;; - - f ",""",,, "PO,","," "' w",," ,""'>C" "''",
- . Comml.sslon # 1450304 executed the Instrument.
~ -0: Notary Public . CaUlomla f
j San Diego County i WITNESS my hand and official seal.
- - - ~:omm.Exp/reaNov9,2007 ~ sL.
-------- ( / ~
\" (;;.. _ U7L-~
J 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 Corporate Officer
Title(s): Title(s):
D Partner - D Limited 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
Or SIGNER .
D Other' Top of thumb. here D Other' Top of thumb here
Signer Is Representing: Signer Is Representing:
c 1994 National Notary Association. 8236'RernmetAve., P.O. Bol( 7184 . Canoga Park, CA 91309,7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827