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Encroachment Removal Agreement No. 04-01 2005-0079468 ~-- <- " . DOC #. 2005-007'~468 i 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 F'.".:I.I,E~, 5 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) :.::::=::::.. ____.~f'N.273;;:102-;18~ < --6"1-1-5-. - - -. - . _. - 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 - , " (:f)-ocf'I . . 6116 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., _ --'-"-' - - ~ --""- - - .,,~ - - - - -' -- - 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, '. r . . 6117 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; 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 -_...--,-, 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 .. B' (Signatures must be notarized Notary form attached.) , " I . 6119 CALIFORNIA All.PURPO E ACKNOWLEDGMENT - ~~~~.<'X>.c6.a:"~~~~..d>8..c<-:~~~~...<:<.'..GC..60.6<'.G<"'~..rx"~.c<>.5C.c<'.c<'..c<>.<X'~.co.c<"..c:<>, I ~ I r . .1 State of. I I, ~ ,~ County of // ~ ~ ~. On I} -l-f --d '/ ~~'" I, Dale ,'I I . ~ : personally appeared ~ t, lsrPersonally known to me - OR - 0 proves t8 FAS SA tRe 8asi~,6f ~lltl3fl3-e~6Pf 8viSElAS9 tQ 80 tRe person(s) ~ I, --"\ whose name(s)j&re subscribed to the within instrument ,I 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. ~ ~~~m~~ ~ - ..----- -- - --- - - - - hand and official seal ~ I, . ~ I' 7;: ~ ~ @ ,~ ,~' ~' Signature of Notary Public ., I, ,I " ~I ~ ~' (i~il Though the information below is not required bylaw" it mayp ove valuable to persons relying on the document and could prevent " I, ' . 'J I~ fraudulent removal and reattachment of this form to another document. ~' ~ \'1 I Dose,;.!;on 01 AftaohedDooumenl ~ i ~ Title or Type of Document: ~/C/1.-#7:(~#;;;fg~/ / ~ ~ Doc,m,m Do<' II -"} -d '/ '-moo,,! '.g'" q I I. Signer(s) Other Than Named Above,:., ~, I. I , Capacity(ies) Claimed ~n ( ~ ~ :. Signer's Name:~~ Signer's Name: /~a-. . I: I t/ /, " ~Individual ~Individual ',' , 0 Corporate Officer 0 Corporate Officer ~:I I Title(s): Title(s). ., " 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 I, -I ,I , I I ~ ~ Signer Is Representing: Signer Is Representing: @ ~ ~ I I l"""="<'-Y~~==-=~-'~~"Q$",<";\<)<g,,,;\~,,,,,.,,,<;=~,.~"<'-Y'='~;";'%""-..=;%==-=-=~=J @ 1995 National Notary Associaliorl . 8236 Remmel Ave., P.O. Box 7184' Canoga Park. CA 91309-7184 Prod. NO.,590? 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