Encroachment Removal Agreement No. 05-02 2005-1089695
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-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;
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. . 13958
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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
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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
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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
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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
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By' {Ill
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Michael W Neale
By' 7gILLC~ )J, deL Director of Development Services
Renee 0 Neale
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(Signatures must be notarized Notary form attached)
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CALIFORNIA ALLoPURt:tol ACKNOWLEDGMENT · 139&1
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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}
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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. _
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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/
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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
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
County of San Diego
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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.
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')!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.--
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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