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Encroachment Removal Agreement No. 02-03 2002-0921956 .,,' _~r" .. . DO.,#' 2002--09219,56 l' -. . 12 2.~~'3 \ - - - - - .-" ~ " 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 _, ' . .. .,-,m . _ f O.,m, .. -~., CITY Of"I"OWAY ft POB'OX789 . -,-' - ~",~'" 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 O~~/3<1 ,'-;;' . 12234 .. '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, ,... . . 12235 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- " II ~ rZllZ13zr' A ( z ........... ~ ~~J /'1= 2. 0 , . ~.,*- - cc~ ~ ' , - -- Co 12-' C\l DRAIN C\l I (AS&M <: I, I ENT ..... ~rcel 1 /1i I . . ~ l J 'PlVI \ toG9 <t I ~ ~ . WI' C{ ~ I J Proposed. )~' //':i i I ;S.r.R / / r / ~"f / ' / 4~ ~I ' I I, L 5 I ~ I ,J <J#J '~I I <: iy 0 I ~-- ''II:'V 0 - C_ ~ /zo't / . - - ---ft 1.1 Clly OF PDw4 'I / ' / / 2z; 'D,R/I/NA6~ Ai EASEME.NT" /v1/l.s0N/I~Y R~rA/"'IN6 'WA LL ~ AS SPOWN ON GRAP/NG PLAN c:, /.3'~S -D/ ,. ". - -12237 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT " .=-=~~~~~=~..a'~~.&<'~=.cr-<X'~=~1 State of califOrnia} ~.' : .. ~ C t f San Dlego ~ I' ounyo l~ I' I' 'I , On October 8, 2002 before me, Hilda Lorena Sanchez, Noatry Publil', Dala Name and Title 01 Oflicer (e,g,,"Jans DO€. NolaryPubhc") I. 'I A ~. 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 ~, ~~,1, __ __ _ __'_ ___ _ '_ ____ __ ___ ~:iS.' I, ,I "I, '~ ' /;1 I I~ ~I ~ ~ ~ ~ ~ I" 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 :' " ~I iiiJ . liS ~ ~ 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 1 ijji c""_ ._:g;,~~"",,~~~~~~J1; ~ 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