Encroachment Removal Agreement No. 03-01 2003-0956326
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95'77 DOC , 2003-095632Ei
RECORDING REQUESTED BY
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; AUG 08. 2003 9:16 .eM
CITY OF POW A Y
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OFFiCIAL, RECORDlI., . ,
AND WHEN RECORDED MAIL SAN DIEGO COUNTYREClli$'S OFFICE
TO' GREGORY, J. SIlITH, CllUMlVlRECORDER
FEES '''';2000 '-,
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CITY CLERK . .
{b~~ CITY OF POW A Y ,:....:;,
POBOX 789 ... - I' ,'. t",
POWA Y, CA 92074 (THIS. S). ! ill!!! !I!!!.~III ~!III!llj~!~!!~J!~l~\!! !II~]\'\!I\!'I!! II!I
\ NO TRANSFER TAX DUE
APN '321 '380-16
ENCROACHMENT REMOVAL AGREEMENT No 03-01
The CITY OF POWAY (herein called "CITY"), does hereby grantto Gregg Stockwell &
Pamela McCormick owners of the property located at 14133 Mountain View Court. in the
City of Poway"CA (herein called PERMITTEES), permission to encroach within the City's
sewer easement for the purposes of constructing a wood entry electric gate
The limits of said encroachment are as shown on Exhibit A, attached hereto and
made a part hereof, and described as follows:
Beginning at the southwest corner of said property just south of the existing 20-foot
driveway entrance off of Mountain View Court existing 4-foot-high wood fencing, thence
north along property line radius crossing the City's 20-foot sewer easement for adistance
.of 12 feet, the proposed wood entry electric gate is to proceed from the existing fence for
20 feet and northerly along the property line radius and set 7 feet back from the existing
street curb face of Mountain View Court; the proposed gate will occupy 8 feet of the
northern mostside,of the sewer easement.
Permission is given subject to, and PERMITTEES, their 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 of the CITY on City's Right-of-Way, without liability
for damages to the facilities of PERMITTEES, tlieir/heirs, successors or assigns.
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2. The CITY will not be liable foranydamage to the proposed construction on City's
Right-of-Way resulting from future maintenance or con~truction operations of the City's . "
facilities by the Citywithin the above-described Right-of-Way
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3 No construction other than that described above will be permitted in the\Right of
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Way "
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4 All of City's facilities in the City Right-of-Way to be fully protected in a manner
satisfactory to CITY before and after all construction
5 PERMITTEES, their 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 PERMITTEES' facilities, and for the cost of any
relocation ofthe facilities installed'within the City's Right-of-Way by PERMITTEES, their
heirs, succes~ors 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 that may occurto facilities belonging
to the PERMITTEES, their 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 orthe public, or
for damage to property from any cause arising out of PERMITTEES' use of City's Right-of-
Way, orthe construction and maintenance offacilities thereon PERMITTEES, their heirs,
successors or assigns shall be solely responsible for all of the foregoing. PERMITTEES,
their 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
PERMITTEES' 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.
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8 The encroachment shall be installed and maintained in a safe condition at the
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sole cost, risk and responsibility of the PERMITTEE'S their heirs, successors and assigns.
9 The PERMITTEE'S, their heirs, successors or assigns, shall remove or relpcate
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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 dODe, and the
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cost thereof shall be a lien upon the land owned by the PERMITTEE'S, their heirs,
successors or assigns.
10 PERMITTEE'S, their heirs, successors or assigns, shall take out and maintain,
during the time the aforementioned encroachment agreementremains 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 damage. The 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 any cancellation or material change, proof of insurance shall
be submitted with this agreement.
This agreement is pursuant to action taken by the CITY on the _day of 2003
PERMITTEE'S
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BY(?~~ Date 7(3o/Q~
,
Pamela McCormick
BY~& Date 7/~o/"''73
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CITY OF POWAY
Approved & Accepted By
,
VID SIMINOU, City Engineer
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State .of
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persanally appeared S..
o persanally knawn ta me
~ praved ta me an the basis .of satisfactary evidence
ta be the persan(s)whase name(s)jg/are subscribed ta the
~ ~ - ( within instrument and acknawledged.ta me that hetshe/they
.... - ..;. .... .... .... ..... -.. ...... .-.
) . HARVINDER SINGH GILL tll executed the same in ~/their autharized capacity(ies),
'" ,'" COMM. #1372444 0 and that by his.lAer/their. signature(s) an the instrumenLlhe
b D NOTARY PUBUC-CAUFORNIA -=-I
. SAN DIEGO COUNTY 0) persan(s), .or the eritity upan'behalfaf which the persan(s)
co, . My Comm. expires 5ep\lllTlber 27, 2006 (
) - - ..... - - - - acted, executed the instrument.
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WITNESS my hand and .official seal. I
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Signature of Nota/y Public
OPTIONAL
Though the information below is not required by law; it may prove valuable ,to persons relyif]g on the document and could prevent
fraudulent: removal and"reattachment of this form,to another-document.
Description of Attached Document
Title .or Type .of Dacument:
Dacument Date: Number .of Pages:
Signer(s) Other Than Named Abave:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Carparate'Officer o Carparate Officer
Title(s): Title(s):
o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General
o Attarney-in-Fact o Attarney-in-Fact
o Trustee n Trustee
o Guardian or Canservator RIGHT THUMBPRINT o Guardian .or Canservatar
OF SIGNER
o Other' Top of thumb he're o OIher- Top of thumb here
Signer Is Representing: Signer'ls Representing:
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C 1996 Nallonal Notary Association. 8236 Remmel Ave., P.O, Box 7.1.lJ4. Canoga Pari<, CA 91309-7184 Prod. No. 5907 Reorder: Call Ton-Free1-eOO.e76.ee27
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