Encroachment Removal Agreement No. 02-03 2002-0921956
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_~r" .. . DO.,#' 2002--09219,56
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~ " RECORDING REqUES'J;EDBY OCT 2002 11:47 AM
". 22,
, CITYOF'POWAY
OFFICIAL: RECORDS
ANPiJIi8EN REC,ORDED-MAIL TO SAN DIEGO COUNTV'RECORDER'S OFFICE
CITY CLERK GliffiJRY,J. .SMITH, COUNTY RECORDER
FEES: 20.00
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CITY Of"I"OWAY
ft POB'OX789
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POWAY"CA 92074
It NO TRANSFER TAX DUE
2002.0921956
ENCROACHMENT REMOVAL AGREEMENT NO. 02-03
APN 314"620-37
The CITY OF POWAY (herein called "CITY"), does hereby grant to William
Schloeder (herein called PERfIi1ITTE.E)"owner of Parcel 1 o(Parcel Map No 11069 in the
'City of Poway, CA, permission to. encroach within the Oity's storm drain easernentforthe
purpdsesof constructing a.,retaining,wall.
The iimits of said encroachment are as shown on Exhibit A, attached hereto':and
made a part hereof, and described as follows:
A concrete rIlasonry retainingwilll not toexc:eed.six"foot'in:height, tO,be constructed
ten foot. east of the' western property line of Parcel 1- of Parcel Map No. 11069
beginning at the northern line',ofthe20footdrainage'easementthenextending to the
south for 120 plusorminusfoot, then bending njhetydegree and at.a distance Sfoot
north from the southern property line of Parcel 1, then extending easterly and
parallel to thesolithernproperty line of Parcel 1 from the.angle'point to a distance
not to exceed 30 foot.
Permission is given subject to PEMITTEE, ,his heirs, successors or assigns, by
accepting the same, agree.to the following conditions:,
1 The consent granted. herein by CITY shali at all.times be subject and subordinate
to the storm drain easement of CITYto operat~ and maintain, and from time to time, to
reconstruct, alter, and improve any existing works of the CITY on CITY's storm drain
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'easelilent, )ivithbut liability for damages to the Jacilitiesof PERMITTEE, his heirs,
successors or as~igns,
2, The(Gity,will not be liable for any damageao the proposed constructionoh City's
storm:drain Elasement resulting from future maintenance or construction operations of the
City's'facilitiesby the City within the above-described storm drain easement.
3 No construction otherthan that described above will be permitted in'theRight of
Way Easement.
4 All of CITY's facilities in the CITY storm ,drain easement area are to be fully
protected in a manner satisfactory to CITY after construction'ofthe retaining wall.
5 PERMITTEE, his heirs, successors or assigns, will be responsible for any
damage which may occur to CITY's'facilitiesin the stormrdrain easement by.reason of the
construction, location, or maintenance of PERMITTEE ,facilities, and for the cost or any
relocation of theJacilitiesinstalled withihthe City's storm drain easement by PERMITTEE,
his heirs, successors or assigns, should such relocation be defermined necessary by the
CITY
6 That CITY, its officers, employees, agentsand,directors shall not be answerable
or accountable in any manner for.any loss or damage that may occur to facilities belonging
to the PERMITTEE, his, heirs, successors or assigns, or'anypartthereof; 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,propertyJrom any cause.arisingoutofPERMITTEE useofCity:sstbrm drain
easement, or the construction and maintenance of facilities thereon, PERMITTEE, his
heirs, success,ors or assigns shall be solely responsible' for all of the foregoing,
PERMITTEE, his,heirs, successors or assigns, sh.all hClld 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 resdltingoralleged to have resulted from
PERMITTEE use, or use by his heirs, successors or assigns; of City's storm drain
easement or the construction and maintenance of facilities thereon,
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7 GITY sh,allpe without cost or expense of any kind in connection with this
encroachment agreement.
8, lihe encroachment shall, be installed and maintained in a safe condition at the
sole cost; risk and responsibility ofthe PERMITTEE his heirs, successors and assigns,
9 The PERMITTEE"his:heirs"successors or assigns, shall remove or 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, andthe cost
thereof shall be a lien upon,:theeland 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 storm
drain easement all risk liabilifyinsurance covering alj bodily and property damage arising
from PERMITTEE'S encroachmeRt with limits of arleast $1 million dollars for personal
injury and $500,000 for property damage The policy sheW name CITY and its officers,
agents and employees as,additional,insured, and shall constitute primary'insurance as to
CITY and its officers, agents a6d employees, sothat any otherpolicies held by CITY shall
not contribute to any loss und~rsaid 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 8th day of
October ,2002,
\< ~ Date j&- r - () "2-
By \J)~M" '. .
Wi..lliam M. Schl:6e er
For City of Roway-
Date /O~/7-o'"l-
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of califOrnia} ~.' :
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C t f San Dlego ~
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, On October 8, 2002 before me, Hilda Lorena Sanchez, Noatry Publil',
Dala Name and Title 01 Oflicer (e,g,,"Jans DO€. NolaryPubhc")
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~. personally appeared uTi 11; ~m c:.rhl ()prh1r'l ,"/
Name(s)of S'gner(s) '/
I, ,I 1
o personally known to me "
I Kl proved to me on the basis of satisfactory I: I
II, evidence ,:
. to be the person~) whose name('ll is/_ ~
I' subscribed to the within instrument and I"
" ~ _ _ _ m.,p. ~ ~ _ _ _ _ _ ~ acknowledged to me that he/~~ executed. 1
, HILDA LORENA SANCHEZ 1he same in his/i'm/W;e!r authonzed "
I. _ Commisslon"34056" z capacity~), and that by his/k<ll:lAAaiR'
~." ~ ~ Notary Public - California ~ signature(sj on the instrument the person6ll, or '.'
~..' ~~ San Do.go County t the entity upon behalf of which the personw) ~
~I III\'Gomm,l:xpiroaJan20,aooe acted, executed the instrument ~,
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OPT/ONAL'
(, Though the information below is not required by law, it may prove valuable to persons relymg on the document and could prevent ,I
I. fraudulent removal and reattachment of this form to another document. .' ' I
:' Description of Attached Document '
" Encroachment Removal Agreement No. 02-03 "
Title or Type of Document:
1
Document Date. October 8, 2002 Number of Pages: 4] "
1
Signer(s) Other Than Named Above. None ,I
"
Capacity(ies) Claimed by Signer 1
'I
Signer's Name: William Schloeder :'
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~ ~ Individual Top of thumb here ~
I' D Corporate Officer - Title(s): ~
I 0 Partner - D Limited D General ~
" D Attorney-in-Fact'
~ D Trustee 'I
~ 0 Guardian or Conservator .' I
1 0 Other' ,I
1
l' Signer Is Representing: H;m~plf 'I
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~ 1999 National Notari Association' 9350 De SOlO Ave PO Box 2402' Chatsworth, CA91313.2402' www.nationalnotary.orgProd.No. 5007 Reorder, Call TolI.Free 1.800.876.6827