Encroachment Removal Agreement No. 02-06 2003-0044696
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, ,'- 7714 2003-0044696
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RE80RDING,REQUESTED BY -JAN
~ 14. 2003 10:08 AM
CITY OF POWAY IJFICIAL RECORDS
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AND WHEN'RECORDED MAIL TO' I SAN DIEGO COUNTV RECORDER'S OFFICE
/CU,J ~ J. SHITH. Gllliffi' Rf[l)RDER
CITY CLERK FEES: 20.00
CITY OF POWAY (111111111111111111111111111111111111111111111111111111111 11111 1\11 lill
POBOX 789
POWAY, CA 92074
1 it.". "~2003.:o044696" I
NO TRANSFER TAX DUE (THIS SPACE FOR RECORDER'S USE)
ENCROACHrJlENTREMOVAL AGREEMENT NO. 02-06
16427 Avenida Florencia
APN 275-313-04
The CITY Of POWAY (herein called "CITY"), does hereby grarit to Timothy and
Tracy Linares (herein called PERMITTEES), ownets of Lot 5 of Tract Map No 4185,
permission to encroach within the CITY right-of-way for the purposes of constructing a
block wall.
The limits of said encroachment are as shown on Exhibit A, attached hereto and
made a part hereof
Permission is given subject to 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 to the right of
CITY to operate and maintairi,and from time to time to reconstruct, alter, and improve any
existirig works of the CITY on CITY right-of-way, without liability for damages to the
facilities of PERMITTEES, their heirs, successors or assigns.
2. It is understood that said lands are not owned by CITY, that the consent
contairied herein relates only to the. priorrights of CITY byvirtu8 of its tight-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; I
3 The assign mentis made for the direct benefit of PERMITTEES' land described
above and the covenants herein contained shall run with said land, and shall be binding on
the assigns and successors of PERMITTEES
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4 No construction othet than those described above will be permitted.
5 The encroachment shall be installed and maintained in a safe and sanitary
conditioh atthe:sole cost, risk and responsibility of the PERMITTEES and successors-in-
interest.
7 All of CITY's facilities in the CITY right-of-way are to be fully protected in a
manner satisfactory to CITY after cohstruction of the block wall.
8 PERMITTEES, their heirs, successors or assigns,.will be responsible for any
damage which r:nay occur to CITY's facilities in the right-of-way by reason of the
construction, location, or mairitenance of PERMITTEES facilities, and for the cost or any
relocation of the facilities installed within the CITY right-of-way by PERMITTEES, their
heirs, successors or assigns, should such relocation be determined necessary by the
CITY
9 PERMITTEES, their 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, or the CITY may cause such work to be done at PERMITTEES' sole cost and
expense, and the cost thereof shall be a lien upon the land owned by the PERMITTEES,
their heirs, successors or assigns.
10 That.CITY is to be without cost or expense of any kind in connection with this
permit.
11 That CITY, its officers, employees, agents and directors shall not be answerable
or accouhtable in any manner for any loss or damage that may occur to 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 right-of-
way, or the construction and maintenance of facilities 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
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PERMITTEES' use, or use by their heirs, successors or assigns, of CITY's right-of-way or
the construction and maintenance of facilities thereon.
12. PERMITTEES, their heirs, successors or assigns, shall take out and maintain,
during the time the aforementioned encroachment agreement remains on CITY right-of-
way all risk liability insurance covering all bodily and property damage arising from
PERMITTEES encroachment with limits of at least $1 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 cancellation or material change.
ec(
This agreement is pursuant to action taken by the CITY on the i day of
;o-eamhp".l, , 2002.
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By ~ ' ~ Date /z;3-pL
lmot y ne nares
BY~ Date Id-~()d-
acy na res
For City of Poway'
Date 12./dh"L
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CALIFORNIA All,lPURIPOSIE ACKNOWLEDGMENT
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'.'~ D,t, . . N,m"cd T,"'" orne", I' g,. 'J",'Ooe. Nolo'1' Pobhe')' ~'.
~ personally appeared ll'rvII'+hj ~'\II(<" ~ i 'ha.V'e...< rLvv1 TRa('~ A,,\'\ I i\'lo:Y~
f! ame(s) of Signer(s) -1.
:~ 0 personally .known to me ~
~ ~proved to me on the basis of satisfactory N
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I. to be the person(s) whose name(s) i@
" subscribed to the within instrumeht and ~
" acknowledged tome that he/sh~exec. uted:
, the same in his/her.@D authorized
I, capac~, and that by his/herif6ill
I' signature(s)on'the instrument the persoll!;;), or ~I
". . - .J"ASR.~.',-G1LL~- - .' the entity upon b,ehalf of which. the person(s) ~."
,. COMM,#1371,629: ~ acted executed the instrument. ~.'
I" NOTARY PUBUC..cAUFQRN1A ...... >. ., -- ."
I' SAN DIEGO COUNTY' __ (7) ,I
,~ MY,Comm. ......'""00124,2006 WITNESS niy hand and official seal. :
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~1 " OPTIONAL, @
~ Though the'information below"is'not-requ;red bjllaw, it mayprove valuable topersons relying on the document ~
'~ ' and could prevent 'frE"jdulent'removal and reattachment of this form to another document. ~
~ Description of Attached Document ~.'
~ Title or Type of Document: ~
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~ Document Date: Number of Pages:
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~ Signer(s) Other Than Named Above:
I". Capaclty(ies) Claimed by Signer ~
i~ 'Signer's Napie: I
:: 0- Individual. TOP:f thumb here I
o corp,o,rate Officer - Title(s): 1
o P"rtner ~O Limited 0 General
o Attorney in Fact
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o Guardian or Conservator ~
o Other' ~
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". Signer Is Repr:".entin~: . " .==""""<\,y"{C",~~~,<,,,,,v-,,,..g="'=~="'l:"V"""""""9C.'g;C=,,,,,,,,y,,,J
@1999 National Nolary Association. 6350 De Soto Ave.. P.O. Sex 2402 . ChalSworth, CA 91313-2402 . www.nationaln<.llary.orgProd.No: 5907 Reorder: Call Toll-Frs3 \.800 876-6827
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