Encroachment Removal Agreement No. 07-02 2007-0780015
,
, ,
- . De.: # 2007-078001!5
RECORDING REQUESTED BY I 111111111111111111111111111111111111111111111111111111111 \\11111\\ \111
;
CITY OF POWAY DEe 18, 2007 4'59 PM
AND WHEN RECORDED MAIL TO' OFFICloL FIELOF:["',
f6 11955 '-,;:'.1'1 D\Ei;U [Dun f"1 REC:OFi['ER'~, OFFICE
CITY CLERK I-;F:EriOR'1 ,I ,:,~,!jITH. COU.',lT'( RELUFi[IER
FEE :, 3.2.0n
qf CITY OF POWAY PAGES: t)
POBOX 789
\ to'" POWAY, CA 92074 11111111111111111111111111111111111111111111111111111111111111111111111111111111
(THIS SPAC
APN: 314-194-62
ENCROACHMENT REMOVAL AGREEMENT NO. 07-02
No Documentary Transfer Tax Due
The City of Poway (herein called CITY), does hereby grant to Norwalk VII, LLC
(herein called PERMITTEE), owners of 13506 Norwalk, permission to encroach over and
within the City's existing right-ofcway along the north westerly frontage of the subject
property 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 cohtained 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-ofcway resulting from future operation of the CITY's facilities by CITY within
the right-of-way ahd easement;
01--- {,c,
. . 11956
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
to have resulted from PERMITTEE's use, or use by its heirs, successors or assigns, of
. . 11957
CITY's right-of-way and easement or the construction and 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 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,
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) days prior written notice to CITY of
cancellation or material change.
JhiS agreement is granted pursuant to action taken by the CITY OF POWA Yon the
S- day of DrCEft16EV<., 2007
"11I;;,:t~':,~ ~,~,:~'~';'~'c':'~: 5 ~,~ ". .. :::( HLOFF SALE; :: 5:: .7 "',,=
F _ (14
11958
OA TED' January 25, 2007
ACCEPTEO' APPROVED BY
NORWALK VII, LLC, a California CITY OF POWAY
Limited Liability Company ~~
By' ~~~~
Thomas O. Woodburn, Jr.
Member/~~ City Engineer
By: Lv.W-.'
WilliamM. Schloeder
Member/General Manager
(Signatures must be notarized. Notary form attached.)
. · 11959
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of Calilomia }
ss.
I County of San ,Diego' 'I
On July 25, 2007 before me F. Tarves, Notary Public ,I
Date Name and Title of Officer (e,g" "Jane Doe, Notary Public")
1 b' 1
personally appeared Thomas O. Wood urn, Jr. - - - - - - -
I Name(s)of Signilr(sl
I'
o personally known to me
I XX pro'ved fa me on the basis of satisfactory
[ evidence
I
to be the person!?} whose name(i/1 @j).re
subscribed to the within instrument and
1 acknowledged to me tha~she/they executed
I the same in ~er/their authorized
I. - ~ - - - - - - -....' - - - ~ ~ l capacity(jes), .and that by @ler/their I
1 _ . F. TARVES signature~) on the instrument the person(j), or 1
_@commlsslo,.n#,14.49276;theentityuponbehalfOfWhiCh the person(lll I
i -,,; Notary Public. COlnomla !: acted executed fhe instrument.
i::: San Diego County i' I
Comm. Ex ....Nov 4, 2007 . . .
__ _ ~ __ __ _ ~ "';'''': :... _ WITNESS my hand and offiCial seal. I
~J- 7~ '1
S.gnature of NOlary Public 'I
r I
1
r OPTIONAL
I, Though the information below is not required by law, it may prove valuabie'to persons relymg on the document and could prevent I
fraudu,fent removal arldreatlachment of this ;ormto another document.
Description of Attached Document
1
I Title or Type of Document: Encroachment Removal Agreement
I ;::jV t:. 'I
Document Date:1T bnnor'1' 25, 2007 Number of Pages: Four (4)
1 Signer(s) Other Than Named Above: William M. Schloeder and Frank Casteleneto
I
I Capacity(ies) Claimed by Signer 'I
1,1
Signer's Name: Thomas O. Woodburn, Jr.
1 . I
(, n Individual Top of thumb here ,1
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General .1
o Attorney,in-Fact 'I
1 0 Trustee
o Guardian or Conservator
I Dc Other' Mpmhpr,/r,.pnprRl MRnREpr
Signer Is'Representing: Norwalk VII, LLC
@1999National Notar)' Association' 9350 De Solo Ave., P,O. Box 2402' Chatsworlh. CA 91 313.2402 . www.natlOnalnotary.orgProd.No. 5907 Reorder: Call Toll-Free 1'800.876-6827
· · 11960
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
- "
I
1
State of califOrnia} 'I
I 58, )
County of San Diego ,I
I 'I
On July 26, 2007 before me, F. Tarves, Notary Public :
Date Name and ,Tille of QHlcer (e.9, "Jane DOll. Notary Public")
I personally appeared William M. Schloeder - - - - - - . - 'I
Name(s)01 Signerls)
I 0 personally known to me I
I ID proved to me on the basis of satisfactory ,I
r evidence
to be the person~ whose name(0 @are 1
I subscribed to the withA instrument and '1
acknowledged to me that l1~he/they executed ,I
t the same in d50/her/their ~thorized I
(, ~ - - -- - - ~ rAAv'is - - - ~ i capacity~ and that by ~jslher/their
('~.. Comml~lon # 1449276 signature(S) on the instrument the personVl), or ,I
~ -s! Notary Public _ California ~ the entity upon behalf of which the person~) I
~ '. San Diego County f acted, executed the instrument.
My Comm. Expires Nov 4; 2007 'I
_ _ _ _ _ ~ _ ..:.._ ~- ~ __ WITNESS my hand and official seal. ,I
--J- ~
I S~natureotNotaryPublic 1
I 1
( I
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. I
Description of Attached Document 1
Title or Type of Document: Encroachment Removal Agreement ,I
[ Document Date: July 25, 2007 Number of Pages: Four (4)
I I
Signerls) Other Than Named Above: Thomas o. Woodburn, Jr. and 1
Frank Casteleneto ]
Capacity(ies) Claimed by Signer I
1
Signer's Name: William, M. Schloeder ,I
I 1
I. 0 Individual Top of thumb here
I D Corporate Officer - Title(s):
o Partner - D Limited 0 General 'I
D Attorney-in-Fact
D Trustee I
o Guardian or Conservator
Xl Other' Member/General Manager I
I Signer Is Representing: Norwalk VII , LLC
C 1999 Nal<Onal Notary Association. 9350 De SOlO Ave" p.o. eo. 2402. Chatsworth, CA 91313.2402. 'NWW,nationalnotary.org Prod, No. 5907 Reorder: Call Toil-Frill! 1-800-876-8827
. . 11961
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On ~ECi7J16t1f. s:- Z{}~ 1 before me, Phyllis Shinn, Notary Public
Date , CA5TCL c~?JTilleOj Officer (e.g., "Jane Doe, Notary Public")
personally appeared FRAAlK ,
Name(s}of Signer(s)
~erSOnallY known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(~
whose name()4. is/a~ subscribed to the within instrument
and acknowledged to me that he/~e/t~ executed the
same in his/fl)i,r/tl~r authorized capacity(i~, and that by
r - - - - - -- his/~/thjfu signatureM...on the instrument the person(~
. ' PHYLLIS SHINN . l or the entity upon behalf of which the person(~ acted,
_ Commlulon. 1778198 executed the instrument.
I Notary Public . ColWamIa I
SOn Diego County -
J .~m-9 ~'.l.J WITNESS my hand and official seal.
- - - - ~ - - - ~
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 of Attached Document
Title or Type of Document: UR#A:H/J1Etf/r ~nVl()tJ/t7-- ./!b;,errl11cPT #0. 07-0 Z-
Document Date: JilL Y Z.J; ZOO 7 Number of Pages: f?
Signer(s) Other Than Named Above:7II0rfWs O. ~O~L1u~ ~ J~, (} iJ I u.,V1fl1. rhSa!I,()g)ER"
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 thumb here
Signer Is Representing: Signer Is Representing:
C 1994 National Notary Association. 8236 Remmel Ave., P.O. Box 7164. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call ToU-Free 1-800-876-6827
. . 11962
I"
~ --..J
-.; --..J
--..J ~
>...
f.-.. ~
Bs OCCURS A T LOT 4 OF
~ t5 NORWALK TM 05-02 AND
PR/VA TE RESIDENCE A T
2: k 14433 NORWALK LANE
CITY PROPERTY PR/VA TE PROPER TY
MASONRY SOUND WALL
1 '-1"
H=80'
MAX
EX/STING FINISH
GROUND ~~ GRADE
,
. ~ '. ." . '.
.'
',j ~. . . .
,; ".
, '
I. 3' .1
WALL SEe T/ON
NO SCALE
, ,
. . ~
11963
.
I ~~
..-. , I
,( " /
/4'133 NOP-WALf<: (X/ST MASONR)~~/ I
LANE' ,:' SOUND WALL ~ ,,,<
-', " , , TYPE lA MASONRY
I,"~ i \
,
\
,i
JVJ S!!L) R V :=: y -
, ,
j ~
,
NO, I1Q.:::" . '~.
i-j.~D TYPF 7A MASONRT
: ;-" r SOUND ,wA'u ' ~
i " .. 3',
i
, E0) oaf/! i~S\,is{
i
,
~ " ss1 ofG fG ,
~
"', :; SA9' O.9)-Y;J\ 9 f'
I fl..G ,,(s\ r\ (\'ID '
" .,'" t. G"
, I .----. ",xL -~-J3~11
, it
, ,SA.
~c.& " '/~
. ",' t
' <t-" 6"
- --<- '! '....~
. 551,
"
, i r
, "
i~
0' " 'l_e,: ~ "- ~-'-
,0-
cr, ' ,
! ~
~_ .J ,
i :
I j
LOT 5
547.40 p.E. ,~
, , I
; ; y
, I 'OS" 06 NOT<l1J~
.- j
,..
. \
\ ,
C.L~VEWA Y y Ii
I
l
.r-- (TYP.~ '~
~y; "'"
, ,
,
, '
.. ,