Encroachment Removal Agreement No. 02-04 2002-0921939
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12'212
RECOREJING REQUESTEDiBY
OCT 22, 2002 11:46 AM
. CITY OF POWA Y
WICIAL RECORDS
.AND \ilHE~rf;<ECORDED MAIL SAN DIEGOCOUNTV RECORDER'S OFFICE
TO' GREGORY 'J. SMITH, COUNTV RECORDER
.' FEES: 20.00
CITYCLERK , I II I~'
~ CITY OF POWAY I
POBOX 789
!if POWAY,CA 92074 2002.0921939
(THIS SPACE FOR RECORDER'S USE)
NO TRANSFER TAX DUE
I~
ENCROACHMENT REMOVAL AGREEMENT NO;02-04
APN 277-170-14
The CITY OF POWAY (hereinafter referred to as "City"),does hereby grant to
McCullough Ames Development, LLC: (hereinafter referred to as "Permittee"), o\Nne(of
, ' .
17777 Del Paso Drive in the City of Poway, CA, permission'toencroach within, the' City's
Lot Q as ,shown on Map No 13924, recorded in the Office of the San Diego CoUnty
Recorder File No,2000c0053772, on February 2nd, 2000, f6rthe,purpose of constructing a
private sewer lateral.
The limits of said encroachment are as shoWn on Exhibit A, attached hereto and
made a part hereof, and described as follows:
Aprivate'sewerlateral to, serve 16t73 of said Map No. 13'924 tobe installed 5 feet 'east of
the fO-inch'storm drain pipe on said LotQ.
Permissioii is given subject to Permittee, his heirs, successors or assigns, by
accepting the same, agreeing.tothe,following'conditiof)~'
1 The consehtgranted herein bY CitYishall atall,timesbe subject and subordinate
to the City's property to operate and maintain, and from time to time to reconstruct, alter,
and improve any existingworks ofthe:City on City's property, without liability for damages
to the facilities of Permittee, his heirs, successors or assigns
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122,13 2. The City will not be [iablerfor any damage tothe proposed construction on City's
property-resultingfrbm future maintenance or construction operations of the City's facilities
by the City within the above-described property
:3 No construction other than that described above will be permitted on 'the
property
4 All of City's facilities in the City's property are to be fully protected in a manner
satisfactory to City before and after all construction.
5 Permittee, his heirs, successors or assigns, are responsible for any damage
which may occur to City's facilities in the City's property by reason of the construction,
location, or maintenance of Permittee facilities, and for the cost or any relocation of the
facilities installed within the City's property by Permittee, his heirs, successors 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 occur to facilities belonging
to the Permittee, his 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 or thepublic, or
for damage to property from any cause arising out of Permittee use of City's property, or
the construction and maintenance offacilities thereon. Permittee, his heirs, successors or
assigns shall be solely resjjonsibie for all of the foregoing. Permittee, his 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 Permittee use,
or use by his heirs, successors or assigns, of City's property 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.
8. The encroachment shall be installed and maintained in a safe condition at the
sole cost, risk and responsibility of the Permittee his heirs, successors and assigns.
r . . .
12214
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, and the cost
thereof shall be a lien upon the land 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 property all risk
liability insurance covering all bodily and property damage arising from Permittee's
encroachment with limits of atleastone 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. 17 -rJJ-
This agreement is pursuant to action taken bY the City on the
d'yof cr/~. ..2002 ,
By Date 17 01 tKL.
For City of Poway'
Date f()!;? 142--
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CALlFORNIAALL.PURPOSE ACKNOWLE[)GMENT
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1 State of California ~. } ss.
County of ~ "(jJ ,--,
On ()d, ,~ Y2n-, before me, <lM.N-.1-0;h ;jJ4 .
I Date u 1am~'l:J!t.f Officer (e.9., Jane Doe, Notary
1 personally appeared If'I,(!,-
I Name{s) ofSig er )
'rypersonally known to me
, 25"proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
_ _ _ _ _ ' '_ _ _ _ acknowledged tb,me that he/she/they executed
~ :J:E'SBJS' i the same in his/her/their authorized
_@ c.....~,njJ.12,A3251 capacity(ies), a. nd that by his/her/their
i' No1ay 1'lmIIc. CClIIIllrrilI _ signature(s) on the instrument the person(s), or
i _ _ _ _Mv.:;,~~~t ~hc~e~~t::e~~~end ~~:~~fs~~~:~~h the person(s)
,
Place Notary Seal Above
OPTI
Though the information below is not required by law, it may prove valuable.to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document C ()(:l.C,/" _, '- ~
Title or Type of Oocument: vIIi!, ri ~
Document Oate: 6d-. is In L... Number of Pages: .3
,
Signer(s) Other Than Named Above:
Capacity(ies) Claimed l:ly Signer
Signer's Name:
o Individual Top 01 thumb here
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
1 0 Other'
,
Signer Is Representing:
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C 1997 National Notary Associalion 9350 De Solo <\ve., P.O. Box 2402 Chatsworth, CA 91313-2402 Prod. No 5907 Reorder: Call Toll-Free 1-800-876-6827