Encroachment Removal Agreement No. 04-01 2005-0079468
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" . DOC #. 2005-007'~468
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R':::CORDINGREQUESTED BY' 1111111111111111111111111111111111111111111111111111111111111111111111
f1 CITY OF POWAY JAN 31 2005 941 AM
OFlll],u.L RECDHll'::,
~ AND WHEN RECORDED MAIL TO' '_,,~~Jl [QEClCi 1-'DUf-n'l p,n::I]f-=,[IER":, DFFILE
I:JRECiOF:"1 ,] ')MITi-I 1)]1 INT'I F:ECDR[IEF:
r · CITY CLERK FEE', ,JJ.OU
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CITY OF POW A Y 111111111111111111111111111 1111111111 11111 11111 II!II 11111 1 1111111111111111111111
POBOX 789
POWAY, CA 92074 2005-0079468
No transfer tax due (This space for Recorder's Use)
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ENCROACHMENT REMOVAL AG~EEMENT NO. 04-01
17887 Old Winemaster Way
The City of POWqy (herein called CITY), does hereby grant to Jerome A. Gilding
and Trina L. Gilding as Co-trustees of the First Amended and Restated Jerome A. and
Trina L. Gilding Living Trust dClted September 5, 2002 (herein called PERMITTEE),
owners of Lot 45 of Poway TractMap 88-11, permission to encroach over and within the
City's existing right-of-way and 20"foot wide sewer easement along frontage of said Lot
45 for purposes of constructing and erecting four interlocking pilasters and installation of
privately maintained residential 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 grante.d herein by CITY shall at all times be subjecUo the rightof
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-af-way and
easement in said lands" and nothing ,contained herein shall be deemed 'a representation
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by CiTY of the right to .,granta right-of-way or easement over said lands or any other
rigbt~ which are reserved totlie 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 easemerjt resulting from future operatian 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 ar:1d the covenants herein contained, shallrun.-"'Iithsaid land, and. shall be., _ --'-"-' - -
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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 and 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 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 rightcof-way and easement are to be fully
protected in a manner satisfactory to CITY after constructian;
8 PERMITTEE, its heirs, successors orassighs, will be respansible ,for any
dama9,e which may occur to CITY's facilities in the rightcof-way and easement by
reason of the construction, location, or maintenance of PERMITTEE's facilities, and for
the cost orcany relocation ofthe 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,
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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 thematerials, equipment or other things used or employed
in constructing the same; for injury to or death of any persan, either workmen or the
public, or for damage to property from any cause arising out of PERMITTEE's use of
- ---. "CITY;s'fignt-or~way aOJid"easemerii, orihe' construction and maintenance of facilities
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thereon. PERMITTEE, its heirs: successors or assigns, shall be solely responsible for
all oftheforegoing. PERMITTEE,its heirs, successorsor'assigns, shall hold harmless,
indemnify, and defend GITY, its directors, officers, employees and agents, from all
claims, suits or actions of every name, kind and descriptian, 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
conditiQfl 9t the sole cost. ris~:and re~ponsib!nty of the PERr\1!TTEE and successors-in-
interest;
13 The PERMITTEE, its heirs, successors or assigns, shall remove or relocate
the encroachment, or a portion thereof, upon notlficatian 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 theaforernentioned encroachment remains an CITY's rightcof-way and
. . 6118
easement, sufficient Liability Insurance covering all badily 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 officer~, agents and employees as
additianal 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 far thirty (30) days prior written
notice to CITY of cancellation or material change
. :r~we~ment .is,!g~n~ed jlu~~u ntJ9,act:on tak~nb~ the CITY OF P0WAY:on, - ~ ~
the ]'-.;.- day of , 2004
DATED' / / ---':1..-().I/
ACCEPTED' APPROVED BY'
CITY OF POWAY
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(Signatures must be notarized Notary form attached.)
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CALIFORNIA All.PURPO E ACKNOWLEDGMENT -
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t, lsrPersonally known to me - OR - 0 proves t8 FAS SA tRe 8asi~,6f ~lltl3fl3-e~6Pf 8viSElAS9 tQ 80 tRe person(s) ~
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I' and acknowledged to me thaL~~they executed the :'
....... ~ ~ - same in I:ll!lih~eir,authorized capacity(ies), and that by ,I
i''':,Publlc-CaRlomIO,~ or the entity upon behalf of which the person(s) acted, P1
r SanDlIigo County, ~ 1 executed the instrument. ~
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~' Signature of Notary Public .,
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(i~il Though the information below is not required bylaw" it mayp ove valuable to persons relying on the document and could prevent "
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I~ fraudulent removal and reattachment of this form to another document. ~'
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" 0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General ,I
" 0 Attorney-in-Fact 0 Attorney-in-Fact
, 0 Trustee 0 Trustee
, 0 Guardian or Conservator . 0 Guardian or Conservator "
I, D Other" Top of thumb nere 0 Other" Top of thumb here
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@ 1995 National Notary Associaliorl . 8236 Remmel Ave., P.O. Box 7184' Canoga Park. CA 91309-7184 Prod. NO.,590? Reorder: Call Toll-Free 1-800-876-6827