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Encroachment Removal Agreement No. 05-02 2005-1089695 _:'--,;..~:._:~--yr.'-..~:'.. . , . 1IIIill!IIII~IIIIIIII~IIi)I"~II~1 ~I~ rullii~IIIIIIIII' .~ -l1" RECORDING REQUESTED BY DEe 20. 2005 3:20 PM (p CITY OF POWAY ,fIVAND WHEN RECORDED MAIL TO DFFICI.t.\.L RE[I]Fi[I':, ".::.Jj [i1EGI-1 1-:l]ur,jT'l F:ECI:IF:[IER'C, nFFICE I:;FiEC10R'1 ,I '.,tAITH, COUr',JT', REUJFi[IER CITY CLERK i'3 <a tj'"l FEE" 2}OO CITY OF POWAY f=\:"C1E~, t, POBOX 789 1IIIill 11111 111111111111111 11111111111111111111 1111111 !!I III!I 11111111111111 1111 POWAY, CA 92074 200571089695 (This space for;Recorders;Use) APN 273-162-08 ENCROACHMENT REMOVAL AGREEMENT NO 05-02 17140 Tarn O'Shanter Drive The City of Poway (herein called CITY), does hereby grant to Michael W Neale and Renee D Neale (herein called PERMITTEE), owners of Lot 263 ot Valle Verde Country Club Estates in the City ,of Poway, County of San Diego, State of California, according to Map No 4683, permission to encroach over and within the City's existing rig~t~of_way along frontage of said Lot 263 tor purposes of-constructing and maifllaining a concreie paver driveway and privately maintained 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 ot CITY to operate and maintain, andtrom 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 ot 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-ot-way in said lands, and nothing contained herein shall be deemed a representation by CITY ot 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; ~,! ...,.l1':l~'O;:-, '~''1.~, f-~ .",\;..~."~.~i, 1':"\i{1 nll,.-.\'~i ...~.... '1;"" :;-..-. .....................!. .:.--'. D5-222... , . . . 13958 "' 3 The CITY will not be liable for any damage to the proposed construction on CITY's right-of-way resultin"g from future operation of the CITY's facilities by CITY within the right-of-way; 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 No utilities or improvements other than those described above will be permitted along or across the right-of-way 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 .- -- - corilpietion; 7 All of CITY's facilities in the right-ot-way 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 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 by PERMITTEE, its heirs, successors or assjglls, st}()uld such relocation become necessary by reason of the construction by CITY of additional facilities or appurtenances thereon, 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; tor . . 13959 .' any loss.or damage to anyot 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 the construction and maintenance of tacilities 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' tees, 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 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 sate 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, 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 . ,. . 13960 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 POWAY on the Tit; day of :t:ltO-7.."cfl/\ \S, ~ ,2005 DATED' \ 2.; D'-/-j C' So ACCEPTED' APPROVED BY CITY OF POWAY , {' Sh~ By' {Ill G {\\!~U Michael W Neale By' 7gILLC~ )J, deL Director of Development Services Renee 0 Neale I (Signatures must be notarized Notary form attached) ,- CALIFORNIA ALLoPURt:tol ACKNOWLEDGMENT · 139&1 -. Stateof ~ California County of San Diego On 7JEZc1l1,4,F)\ 7, :2-t)O-j-before me, Phyllis Shinn, Notary Public personallyappeare:"IVJ/Ltl.4bL W-1jV/) Pt~?"'O~~"'/YZ;;Z:P"bI"") Name(s) ofSigner(s} J D personally known to me - OR - ~roved to me on the basis of satisfactory evidence to be theperson(s) I whose name(s) Ware subscribed to the within instrument and acknowledged 10 .me that ~/s)t?/they executed the same in ~t)'(r/their authorized capacity(ies), and that by - ~ ~. ~ ~ - ~ ~ ~l;; ;;INN ~ - ~ iNtiJer/their signature(s) on the instrument theperson(s), _@,~,.. co.mm~'ion # 1450304 or the entity upon behalf of which the person(s) a.cted, ~ . -,,; Nota"ry Public. California ~ executed the Instrument. j' San Diego County f _ _ _ ~v:,,:m:..~~9.:..2~7 WITNESS my hand and official seal. !~//I~. /r;/f!://i~ / Signature of, Notary Public OPTIONAL Though the information below is not reqwred'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 of2Attached Document. _ ~ '. " )/, - " -: _~ - I ."1 ..'/ ,.' ~- ~ :-.' 1? _ ,I Title or Type of Document: t 'Cf'( (}/JO//ttt// /.!n'k',:4 Lt7(7;/{;c:!l/c/;;;--;"" i J (. /- Document Date: /2- ;- tJ J .- Number of Pages: i/ , Signer(s) Other Than Named Above: AI! 4 LL ,::::';} f T Z- 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 . RIGHT THUMBPRINT. RIGHT THUMBPRINT D Guardian or Conservator 'OeSIGNER - D Guardian or Conservator OF SIGNER o Other" Top of thumb here 0 Other' Top of thumb here Signer Is Representing: Signer Is Representing: c 1994 Nati~nal N"otary Association ~ 8236' Remmel Ave., P.O. 'Box. 7184"~'ca.noga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-600.676-6827 G . . . 13962 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT . State of California County of San Diego -, ,/:)--- J ) - .. -, A ,,(I"- '7{J.n'J On uL Lt 111&~\ ,S , & lj, before me. Phyllis Shinn, Notary Public Dale A /. ,____ Name and Title of Officer (e,9., Jane Doe, Notary Pubfic") personally appeared /1//4 L L- l~/: I rz- .. Name(sj ofSigner(s) ~erSOnallY known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(~ , whose name(~5 is/i:i.~ subscribed to t~e w~thin instrument and acknowledged to me that he/s~e/th<iy executed the _ _ _ _ _ _ _ _ _ _ _ _ same in hi~Jh~i/their a~!horized capacity(i~), and that by ~@.. PlM.lIS SHINN J his/h.er/tl1eir si.gnatyre(iij on .the instrument the person(9,), _ "'": CommlJslon # 1450304;; or the entity upon behalf of which the person(,S{ acted, ~ .". Notary Put>llc . Callfornla ~ executed the instrument. ~ - . San Diego County l camino ExpIIeI Nay 9.2007 . . , . _ _ _ ~ _ _ _ _' _ _ _ _ WITNESS my hand and official seal. _, 1 ~"'--"'" .' 1),1 - '. ')!lA,J!J!VJ .SVV7L-~ ( '" / 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-ofcAttached Document.. I ~ ... -.... ' Title or Type of Document IJ/'::f!J.fc:/ii;';tJf.;~ ft-;//()t!f1- ri6tcW,i [,r ;0 tV ,- t1l.-- '~-7- ') --- j Document Date: / r:. {. J Number of Pages: I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual 0 Individuai D Corporate Officer 0 Corporate Officer Title(s): Title(s): D Partner - 0 Limited 0 General 0 Partner - o Limited 0 General D Attorney-in-Fact D Attorney-in-Fact D Trustee D Trustee - . . . RIGHT: THUMBPRINT D Guardian or Conservator . D Guardian or Conservator OF SIGNER o Other' Top of thuinb'here D Other' Top of thumb here Signer Is Representing: Signer Is Representing: C 1994 National Notary Association' 8236 Remmel Ave" P.O.-'Box 7184 . Canoga ParK, CA 91309-7184 Prod. No, 5907 Reorder; Call Toll-Free 1 -600-676.6827