Encroachment Removal Agreement No. 05-01 2005-0812445
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2005-0812445
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, 111111111111 /111//11111111/ 111/111111111111111111111111111111111/11111
ft, . REGORDING REQUESTED BY
.:sf CITY OF POWAY SEP 20, 2005 415 PM
. iOO')'\./ .. OFFICl.L\,L RECOR[J'J
\ AND WHEN RECORDED MAIL TO' ~AN ~~~EC~O COUNT', F-:ECOR[IEF;'S OFFICE
I.1RE'.~UF:, .J. ~1~,,'lITH courH','RE(DR['ER
CITY CLERK FEE,. 20.00
P6.GES. 5
CITY Of POWAY '''"11111111111111111"1111111111111111111111111111111111111111111111111111111'
POBOX 789
POWAY, CA 92074 2005-0812445
No transfer tax due (This space for Recorder's Use)
APN.278-170-86
ENCROACHMENT REMOVAL AGREEMENT NO. 05-01
15848 Prairie Vista Road
The City of Poway (herein called CITY), does herepy grant to Michael ,Goode and
Tita Goode (herein called PERMITTEE), owners of Lot 6 of Poway Tract Map 99-03,
permission to encroach over and within the City's existing 20-foot wide drainage
easement within said Lot 6 for'purposes of constructing and erecting a recreation court
and installation of privately maintained residential landscaping.
Said permission is given subject to PERMITTEE, its heirs, successors or
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assigns, by accepting the safT]e, agreeing to the following'conditions:
1 The consent granted h-erein 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
a'ny existing works of'the CITY on CITY's right-of2way and easement, withoi.Jtliabilit~dor
damages to the facilities of PERMITTEE, its heirs, successors or assigns.
2, It .ls und.erstood that said lands are not owned by CITY, that the consent
contained herein rl~lates 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
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,
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.3. lhe CITY: will. not be. liable for any damage to' the proposed construction on
CITY's right-of-waYclnd easerneqt: resulting from futUre operation of the CITY's facilities
by CITY within the right-of~way and easement;
4 This assigiimeiit i$ made for the direct- behefitof PERMITrEE's land above
described and the covenants herein contained shall run With said land, and shall be
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binding 'on the assigns-and'successors,of'PERMITfEE;
5 No ':itilities or improvements other than those described above will .be
permitted along or acros~s tn~ right-of-way arid easement. 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 orwith
access by ciTY during construction,. PERMITTEE shall establish grades. which, in the
opinion of the CITY, will provide easy access acros's the encroacl}ment after
completion,
7 All of CITY's facilities in the right-of-V\(ay anq'easement are to be fully
protected,ina 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. rightcof-way and easement by
reason of the construction~ :Location, or maintenarice of PERMITTEE's facilities, and for
tnt;l yO,st or ,OlDY relogatio~n'of:t!:fe facjlities inst.alled within the :right~6f"waY'an'd easement
by PERMITTEE, its hei[s, successors or assigrl$, ,sliould s'uch rel6cation bec6rh'e
[lecessary by reason of the constr,ucti9n py CITY cif 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
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-, belonging to the PERMITTEE, 'its, heirs, successors, or assigns, or any part thereof; Jor
any loss or damagei,to any oMhe materials,. equipment'or oth}'ifthiQgs used or employed
i[1 construCting thesart1~; foriQ)ury to or death of any person, either workmen or the
public, or for damage to prpperty from any cause arising' out of PERMITTEE's use of
CITY's right-of-way and easement, or the coristruction 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 holdharmlessi
indemnify, and defend CITY" its directors, officers, employees and agents, from all
claims, suits or actions of everynam'e, kind and descliption~ including attorneys:fe'es,
brought for, or on account of, injuries to or death of any person or damage to .property
resulting or alleged to h'ave resulted from PERMITTI;E's use, or use by its heirs,
s,uccessors or assigns, 6fCIJYcs right-of-way and easement or the construction and
maintenance offacilities thereon,
11 CITY is to be without cost or expense of any kind in connection with this'
agreement;
12, The encroachment shall be installed andrriaihtained ina safe and sanitary
condition at the sole cost,risR. and responsibility of the PERMITTEE and successors-in-
inte'!rest;
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, orthe City may cause such work to beWone at PERMITTEE's sole
cost andiexpense; and the cost thereof shall be a lien upon the land owned, by ,the
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PERMITTEE, its heirs, successors or assigns,
14 PERMITTEE, its heirs, 'successors or assigns, shall take out and maintain,
during the time!th'e aforementioned encroachment remains on. CITY's rightcofcway and
easement" suffiCient Liability Insurance covering all booilY ahd property'damage arising
out of this p~rFni!(at leClst $1,000,000 for personal iQjury 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,
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~ agent's and employees, so.ihat any other policies hela by CITY shall not ,contribute to
any loss Liflder.said: irls\.irahte The policy shail proVide; for, thirty, (30j days prior written
notice to CITY of d(iig,elltltion or material change,
This agreement l;lranted pursuant to action'taken by the CITY OF POWA Y on
the 3rc1, day of. .' !/:}d<:.( ,2005
DATED: 8-~-05
ACeEPTEE.>' APPROVED BY
dJJ~ CITY OF POWAY
By'
Michael Goode
~'fjJ
By: '.. ~/~" rJ7j P--;
Tita Goode
(Signatures must be notarized Notaryfbrm aitached:)
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CALrFORNIA ~LL"~URP,IE'ACKN()WI.EDGMENT
State of Co.. .; S-e,,";"<>...-i
County of 'S<:>-.."" :D'~a
On ~),~"'''''-'<-~, ~cos- before me, \..a.....>-.~"'-^ 9'.0:0"-,,>-',,,,,"'-"'0 , ,.." <:> """-""-\
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Date Name and ,Tille of Officer (e.g., "Jane 000; Notary Public")
personally appeared \-...A..\~D--e.-" (~<:rl. {' ~ \'~""""- Goo<~",
,Name(s) 01 Sign~r(s)
~E9Aall\, l<noW!l-1~ - OR -'1's;proved to me on the basls'of satisfactory eVidence to be the person(~
whose name~;l@ !3ubscribed to the within instrLiment
and acknowledged to me' that h~xecuted the
l:AURE!l P O'SULLlVAN samE) in l+i&fter/@authorized capacit 'e., and tha,t by
_ ~ commlS510n1l1369~2~ ~ ~e@psignaturelS)lonthe instrumenrthe person~
~. -NotalY PublIC' ca~fom - or the entity upon15ehaif'of'which the personm acted,
.~ ~. My~ ~"';.,c;.:nl~,2006texecuted the instrument. .
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WITNESS my'hand and official seal.
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.-0 / ,- Signat~re of Notary Public
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. OPTIONAL
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- Though lheinformaiionbelowis:not'requir/?d by !a~~ itmaypro"vevaf/Jable)o,persons relying,on the document-and couldpievent
. ~^ .. ~ ~ fraudule!lt ri/fTiovarand:reattachmentof this form t? another document.
Description of Attached Document
Title or Type of Document: c;;""~,,,-,^--,I- "-'--~....,""-\ ~<o-e=eY"""'~ os- ...c \
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Document Date: ~l ~6 lac,., Number of Pages: l..)
Signer(s) Other Than Named Above:: ~G,-\\.c\ -==::.;~~r-:""~'-'
Capacity(ies) Claimed by,~!gl1er(s)
Signer's Name: ,,^;~"-l G-cc::o-.-(', Signer's Name: '\ , ~ G--<::>c O-..-e
:f'KIndividuajc ~ividual
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;0. :Gorporate Officer' o.C~rRq[ate.Oitlcer
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Title(s): l1tI8(s):
0. Partner - 0 Limited D Generai o Partner -1D:Limited 0. General
o Attorney'in,Fact o Attorney-in-Fact
'tJ Trustee :0 Trustee
0' Guardian Or Conservator ;0 Guardian or Conservator
o Other' Top:6f thumb~here 0. Other'
Signer Is Representing: Signer IsHepresenting:
tv\ ~ C\rU e.l o:;..c",<i.-R "T\-"""-C:r-e:>cc:\. .J?
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o -199;1"NailOnaU,.,olariAssOclation . 8236 Reinmel Ave., P.O. sOx 7-184.- Canoga Park, CA 91309-7,184 Prod. No.S90l Reordec'. Ce.llToll-Free 1-eoo-S16-68?7