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Encroachment Removal Agreement No. 03-01 2003-0956326 . 't'''':';'' 95'77 DOC , 2003-095632Ei RECORDING REQUESTED BY r ; AUG 08. 2003 9:16 .eM CITY OF POW A Y <- ... ~\I:. OFFiCIAL, RECORDlI., . , AND WHEN RECORDED MAIL SAN DIEGO COUNTYREClli$'S OFFICE TO' GREGORY, J. SIlITH, CllUMlVlRECORDER FEES '''';2000 '-, . ,- '.. 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. ())-ILJ3 u ',,;, e1~ l6 . . .'d~~'~_ ': 51 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 ... 3 No construction other than that described above will be permitted in the\Right of '. Way " '. , 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. . ' - .SlC{ . r '04" , 8 The encroachment shall be installed and maintained in a safe condition at the > 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 ~ 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 v 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 "- BY(?~~ Date 7(3o/Q~ , Pamela McCormick BY~& Date 7/~o/"''73 t CITY OF POWAY Approved & Accepted By , VID SIMINOU, City Engineer : '. , .. " .. ~,5~O , . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT . '. - , , G \:\ ~{"'..."'-- State .of '-" Caunty .of S,. ~e.ct" I PQ(J;V\Jer 7 /:pc !fJ3 On - " , 'Oale Name and Title of Off" 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. ~ ""'" ..., - - WITNESS my hand and .official seal. I I-I~J ~ JdL; '0> . 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: -_.,~. _. , . .1 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 ~~ ..... / ....... -.. w ~'" '" <t "- " oj - -.-.-.. .--.- ___.______.._ ......u.. """, ,_-...t/;",;. rIP ~- .6=15::<005 - L4e' - ..J ..J W 3 g '" ~~TCIIINIl ^101./1y U 0 f-c .,... A..11y '.W 0 EXI5T1~ 4' H1lSH JI>iOOO FEHCI~ ~ PROPeR.TY LII€ 1;2' L.f OF EXI5T1~ 4' H_ PRaP05ED 4' H1lSH I't:lOD .-.uTO JI>iOOO FEHCI~ . PROP'ERTY LINE 6Are!> Jiiml KHOX 5I'ilTGH . EXISTI~ 20' I"tIDE EN1RY I MAN I ~O' SEWER E:ASnl\\ONT Al.ON6 PROPeRlY UI€ \4\33 \Y\ovN'Tp...IN \/\8N CT III '" ~AL ~PT1ON OF PROPOSeD I"iOI'K '" '" BE61NN1Nl5 AT 'THE f'I'lOPBI.lY ~ ..lJST SOJT1-I OF 'THE '" EXlSTl~ DR/YEl'IA'!' ElmtANGE OFF OF MOlMrAIN V1E1"t ~ M ~\ EXISTlNl5 4' H16H ~~IL I"IOOD ~~ PIWCEED5 NORni '" Al...OH6 PR.,..,-~I T LIf'E.AADIUS CROSeINlS 2O'....DE ~ '" E.'eBElIT FOR 12' LINEAR FeET ~'4"HI6+I !!-RAIL PLAT '" I"tC:loD.6Are!> TO PROCEED fI'lOMEXlSTIN6 FEHC;E FOR 20 ..... '" LltEAA. FEET NORTH.AI...ONlSr P'R."... ~l r. UtE RAPIUS AND SET '" ., FeET ElAGK FROM EXIST1~~. ~ 6ATEJ''lILL ..... '" 0G0CJJP( & A:ET OF NvPt,M[RNMOST SIDE Of' 5a'ER '" - N EASeMeNT