Encroachment Removal Agreement No. 07-01 2007-0780016
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'" R:;:CORDING REQUESTED BY'
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CITY OF POWAY DEe 18. 2007 4'59 PM
fB AND WHEN RECORDED MAIL TO' OFFiCI..:.\.L F:ECiJR[IS
:,,.:.JJ [IIEC10 CFIIIt.IT'1 t=,E[OF:[IEPI"=~ CIFFICE
f3f 11964 l~iF:EC1Cir=:'1 .1. ':;t.,.j1 rH courn'{ RECCF:(IER
CITY CLERK FEE", ':":l,UO
I WI CITY OF POWAY PAGES: II
POBOX 789
POWAY, CA92074 11111111111111111111111111111111111111111111111111111111111111111111111111111111
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(THIS SPAC~ - ---. - - --,
APN: 314-194-21
ENCROACHMENT REMOVAL AG.REEMENT NO. 07-01
No Documentary Transfer Tax Due
The City of Poway (herein called CITY), does hereby grant to Curtis Brean and
Sharon Brean (herein called PERMITTEE), owners of San Diego County Tract No 3753-3,
in the City of Poway, County of San Diego, State of California, according to the Map
thereof No 9071, filed in the Office of the County Recorder of San Diego County, January
3, 1979, and more commonly known as 14433 Norwalk Lane, permission to encroach over
and within the City's existing rightcof-way along the northern frontage of the subject parcel
for purposes of constructing and maintaining an 8-foot masonry sound wall/retaining wall.
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
of 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, 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-of-way in said
lands, and nothing contained herein shall be deemed a representation by CITY of the right
to grant a right-of-way over said lands or any other rights which are reserved to the owners
or other persons,
3 The CITY will not be liable for any damage to the proposed construction on
CITY's right-of-way resulting from future operation of the CITY's facilities by CITY within
the right-of-way and easement;
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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
completion,
7 All of CITY's facilities in the right-of-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 assigns, should such relocation become necessary by reason of the
construction by CITY of additional facilities or appurtenances thereon,
9 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 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 and easement, or the construction 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 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' fees, brought for, or on
account of, injuries to or death of any person or damage to property resulting or alleged
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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 ,ahd maintenance of facilities
thereon,
10 CITY is to be without cost or expense of any kind in connection with this
agreement;
11 The encroachment shall be installed and maintained in a safe and sanitary
condition at the sole cost, risk and responsibility of the PERMITTEE and successors-in-
interest;
12. The PERMITTEE, its heirs, successors or assighs, 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,
13 PERMITTEE, its heirs, successors or assigns, shall take out and maintain,
during the time the aforementioned encroachment remains on CITY's right-of-way and
easement, 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 under
said insurance The policy shall provide for thirty (30) daysprior written notice to CITY of
cancellation or material change.
+/,.ThiS agree1entis granted pursuant to action taken by the CITY OF POWAY on the
S day of ECEf'/l1AD? 2007
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DATED'
ACCEPTED' APPROVED BY
B'& jJ~ CITY OF POWA Y
a~~--
Curtis Brean ralik C ate eneto
City Engineer
BY:'iJ~/nVt: ~<1?" '
/': aron Brea
(Signatures must be notarized. Notary form attached,)
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JURAT
State of ealifornia
County of Sc; ,~; e...~ 0
Subscribed and sworn to (Elr flffifllled) before me on
this .;)~ day of J '" \~ ,20 Cl '\
byC",.\';<., ~ S\..o.'C\'r'<\2,.(~"'Y\
PPf<:onalJy.known tn Ine-G-r E;!:Oved to me on the basis of satisfactory
,evidence to be the person(s) who appeared before me
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RENU A. KHANNA
~@.. Commission # 1663373
$ . _. , Notary Public. California ~
~ San Diego Counly t
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(seal) SignatuR",,,,, ~. \: ,--", ",",c, 1\::)0 \c..x '\ ~v.\'\(
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CALIFORNIA ALL.PURPOSE ACKNOWL~DGMENT
State of California
County of San Diego
On ~EC ~~ J:ZOOlbefore me, Phyllis Shinn, Notary Public
personally appeare:" ~Afi/ ; Cc;.s r c LC;'~ "; TDOf Officer (e.g" "Jane Doe, Notary Public")
Name(s)of Signer(s)
\4:EersOnallY known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(}Q
whose name~ is/~subscribed to the within instrument
and acknowledged to me that he/s)yeJtt~ executed the
1- - - - - - - - - - - - - - - - - -1 same in his/t\jir/tl')eH- authorized capaCity(iW, and that~
. c-: ::';~"98 his/f<ltr/th~r Signature~on the instrument the person ,
i Notary Pullflc _ c..m....1Ia I or the entity upon beha f of which the person(~ acted,
IlaI'l Diego C~. executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information be/ow is not required by law; it may prove valuable to persons refying on the document and could prevent
fraudulent removal and reattachment of this farm to another document.
Description of Attached Document
Title or Type of Document: f/lc.el);1CI/I1101 fClUvJrrt-llftffXfl1c/fTT")6 () 7-0 /
Document Date: J if t..,y 21, 200 7 Number of Pages: 7
Signer(s) Other Than Named Above: C:U-4~.s &R C,q /l"ar J ft1-,eo ~ Lie C"9#
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer o Corporate Officer
Title(s): Title(s):
o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General
o Attorney-in-Fact o Attorney-in-Fact
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator
o Other' Top of thumb here o Other' Top of lhumb here
Signer Is Representing: Signer Is Representing:
Cl1994 National Notary Association. 6236 Aemmet Ave., P,O. Box 7164. Canoga Park, CA 91309-7184 Prod. No. 59<l7 Reorder: Call Toll-Free 1.800-676-6627
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es OCCURS A T LOT 4 OF
~ t3 NORWALK TM 05-02 AND
PRI VA TE RESIDENCE A T
2: ~ 14433 NORWALK LANE
c/ TY PROPER TY PRI VA TE PROPER TY
MASONRY SOUND WALL
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MAX
EX/STING FINISH
GROUND ~ ' GRADE
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REQUEST TO RElRD DOCUMENTS WITH CO'NTYRECORDER
Requested By: DeveloprnentServices Department Extension No. 4608
Request Approved By: Frank Casteleneto
Print name Signature
Type of Document: Encroachment Removal Aqreement No. 07-01
If a document is'to be recorded against a piece of property, that person is mailed a copy Please
provide the following information
Name: Curtis Brean and Sharon Brean
Address: 14433 Norwalk Lane
Poway, CA 92064
I ,RleaseattacfUabehotaddress,edenve/ope above '. I
Please complete the following information even if it is contained in the recorded document.
Parcel No.: 314-194-21
Related Case No: TTM 05-02
Location of Property: 14433 Norwalk Lane
Check appropriate boxes.
Notary certificate attached [8] Yes D Not needed
Acceptance stamp D Yes [8] Not needed
Acceatance stama must be on all Easements arid Grant Deeds
Check attached D Yes D Not needed
If it is of benefit to the City, a check is not needed. If it is not of benefit, a check made payable to the
County Recorder I County Clerk mustbe included. The fee is $8.00 for the first page, $3.00 for each
page thereafter Notary certificates qualify as 1 page (If the certificate can be placed over a blank
section, it does not count as an extra page)
All recorded documents are mailed to the County Recorder from the City Clerk's Office If a
document is to be picked up by a Title Company, (before teiling them when they can pick it up) check
with the Clerk's Office
Title Company: Phone:
Contact: Pick-up Time:
H :\req. record. eng. doc