Encroachment Removal Agreement No. 04-02 2004-0111049
, . DOC . 2004~0111 049
'"RECORDING REQUESTED
BY FEB 1~, 2004 8 - "C-o Ai"1i
....a::... ."'"
CITY OF PQW A Y OFFICIAL RECORDS
SANDIEGD COUNTY RECORDEF:'S OFFICE
AND WHEN RECORDED-~ GREGORY ,1. SMITH, C:ou!'lTY F:H:ORDER
FEES: 0.00
MAIL TO'
f<b CITY CLERK
)!( CITY OF POW A Y
~f POBOX 78.9
U" POWAY, CA 92074
NO TRANSFER TAX DUE
APN 278-170-77
ENCROACHMENT REMOVAL AGREEMENT NO. 04-02
The CITY OF POW A Y (herein called "CITY"), does hereby grant to Tharwat Issa, owner of
16110 Lakeview Road in the City of Poway, CA (herein called PERMITTEE), permission to
encroach within a portion of the City's water line easement recorded in the San Diego
County Recorder on January 25, 1979, Document 79-038.48.4, for the purposes of
constructing a retaining wall not to exceed 3 feet in height, a block wall not to exceed six
feet in height, and a concrete driveway.
Permission is given subject to, and PERMITTEE, his, heirs, successors or assigns,
by accepting the same, agree to the following conditions:
1 The consent granted herein by CITY shall at all times be subject and subordinate
to the CITY's right-of-way to operate and maintain, and from time to time to reconstruct,
alter, and improve any existing works ofthe CITY on City's right-of-way, without liability for
damages to the facilities of PERMITTEE, his heirs, successors or assigns.
2. The City will not be liable for any damage to the proposed construction on City's
right-of-way resulting from future maintenance or construction operations of. the City's
facilities by the City within the above-described right-of-way
3 No construction other than that described above will be permitted in the
easement right of way -
01~~O Dl\-DldJ
. .
4 All of City's facilities in the City's right-of-way shall be fully protected in a manner
satisfactory to CITY before and after all construction.
5 PERMITTEE, his 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 facilities, and for the cost or any
relocation of the facilities installed within the City's right-of-Way by PERMITTEE, his heirs,
successors or assigns, should such relocation be determined necessary by CITY
6 That CITY, its officers, employees, agents and directors shall not be answerable
or accountable in any manner for any loss or damage th?tmay occurto facilities belonging
to the PERMITTEE, his 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, or the construction and maintenance of facilities thereon. PERMITTEE, his heirs,
successors or assigns shall be solely responsible for all ?fthe foregoing. PERMITTEE, his
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 ?r alleged to have resulted from
PERMITTEE use, or use by his heirs, successors or assigns, of City's right-of-way or the
construction and maintenance of facilities thereon.
7 CITY shall be without cost or expense of any kind in connection with this
encroachment agreement.
8. The encroachment shall be installed and maintained in a safe condition at the
sole cost, risk, and responsibility of the PERMITTEE his heirs, successors and assigns.
9 The PERMITTEE, his heirs, successors or assigns, shall rerrloveor relocate the
encroachment, or a portion thereof, upon notification in writing by the City Engineer, and if
not removed or relocated as required, City may cause such work to be done, and the cost
. .
thereof shall be a lien upon the land owned by the PERMITTEE, his heirs, successors or
assigns.
10 PERMITTEE, his heirs, successors or assigns, shall take out and maintain,
during the time the aforementioned encroachment agreement remains on City's right-of-
way all risk liability insurance covering all bodily and property damage arising from
PERMITTEE'S encroachment with limits of at least one million dollars for personal injury
and $250,000 for property dam~ge. The policy shall name CITY and its officers, agents
and employees as additional insured, and shall constitpte 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.
This agreement is pursuant to action taken by the CITY on the 'I f- I) day of
fF=f! /l () ML 'I ,2004
By %art.V~/- ;Zi ,..,.;::) Date I}.. /", / e> 0/
Tharwat Issa
For City of Poway'
...
.
Date Z /9/0 -f-
,
M:\engserv\encroachrnent permits\encroachmt removal agreement 03-01.doc
. .
CALlFORNIAALL.PURPOSE ACKNOWLEDGMENT
1
State ot Cahtorma 0 }
I' ; r-7'''- S8 I
I Count yo! ~// f Ie u 0 'I
: On 1~1j l'( , lotcjbetoremei1;;ytU5J!.;(/LI;f/ IlhT7!Pt.;l46t..(L
Dal~, -r-:;;.- NilmeandTitleofOt"cer(e_g~'Jane Doe. NotarY PUblic")
, personally appeared I,I-/ ..1/<" uJ Ai _ .-'-:5 .5;.q-
Name(s)olSlgner(s)
"
~erSOnallY known to me
I proved to me on the basis of satisfactory
I evi ence
r ,1
V \!'~
I, / to be the person(~"\. whose name(Sj isla
'7 PHYLLIS SHINN subscribed to the' wit~ip instru;rierit an
Commiss # 1450304 acknowledged to me that l'1s1<thejttleY, executed ,I
~.;;' ,:,'" Notary Pu~~ California i the same in ~(her/th~et.( I ~uthorjze9' ,)
, I ~' Son Diego County - capacity(~, and that 'by ~er/t~ i
I \ / "c, . My Comm. Expires Nov 9 20071 slgnature~ on the ,nstrument the p'erson~'9( or(
j' / ~ __ __ __ _ _ _ _ __ _ __ __ the entity/upon behalf of which the person(~
, ~ _ _ ~ _ _ _ _ _ _ _ _ _ acted, executed the instrument. ,
, . ,,,",,, PHYLLIS SHINN /I /1 I
_~' ' Commission # 1450304 ~ WITNESS my han.d. and O,ffiC la. I seal. ~
~ ..,,; Notary Public Calilom/a ~ ( ~ ~) / ---f Y. ,
~' Son Diego County f ,fJl1/1 V> 1lA- '11/1
_ ':" _ ~v~0:m:.EX~~N':.V9_2~7 - U S'g"'OffiOfNOM, Po"" 1
1
OPTIONAL ,I
Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent 'J
fraudulent removal and reattachment of this form to another document.
Description of Attached Document 1
Title or Type of Document:
'I
Document Date: Number of Pages: 1
,I
Signer(s) Other Than Named Above:
,.
, Capacity(ies) Claimed by Signer
'I
Signer's Name:
I.
l 0 Individual Top of thumb here
,. D Corporate Officer - Title(s): 'I
o Partner - rJ limited 0 General 1
o Attorney-in-Fact
IJ Trustee ,
o Guardian or Conservator 'J
o Other'
Signer Is Representing: 1
I
191999 National No1ary Association. 9350 De Soto Ave., P.O. Bo< 2402' Chatsworth. CA 91313-2402' WIItW,natlonalnotary,org Prod. No. 5907 Reorder: Call Toll FreE 1.8008766827