Encroachment Removal Agreement No. 02-02 2002-0428722
:1' "f" ~..\ I . DOC.2002-042'H722
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REC0RDING,REQUESTED BY
MAY 21. 2002 9:58 AM
CITY OF POWAY
'ANDWHENRECORDED MAil TO' ' . OFFICIAl. RECORDS,
SAN DIEGO COUNTY RECORDER'S OI1lCE
CITY CLERK G~GORY J.SMITH; COUNTY'RECllRDER
CITY OF POWAY 5127 FEES: 19.00
P O,BOX 789
POWAY, CA 92074
NO TRANSFER TAX DUE
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ENCROACHMENT REMOVAL AGREEMENT NO. 02-02
APN 314-620~35
! The GITY,OF POWAY (herein called "CITY"), does hereby grant to. William
,
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Schloeder (herein'calledPERMITTEE!: owner oJ Pargel3 of Parcel.Map No 11 06~ in the
City of Poway,CA, permission to encroach ;^'ithinthe City's storm drain easementfor the
mirposes of cbnstructinga retaining wall
The limits of said encroachment are as shown on Exhibit A, attached hereto and
made a part hereof, and described as follows:
. A:co ri crete masonry retaining wall'not to exceed six"foot in height, to be constructed along
the south property line of Parcei3 of Parcel Map 1106975' feet from the southeasterly
'corner of said Parcel 3 for a distance not exceed 60 feet in length
Permission is given subject to PEMITTEE, 'his heirs, successors or assigns, by
accepting the same, agree to the foflowing conditions:
1 The consentgrarited herein by CITY shallat Cill times bersubject'and su.bordinate
to the storm drain easement of CI'fY'to operate and maintain, and from time to time,to
reconstruct, alter, and: improve .any existing works of. the CITY on CITY's storm drain
easement, witlioutliability for damages. to thefacifities of PERMITTEE, his heirs,
successors or.assigns.
2, The City will not be liable'forany'damage to the proposed construction on City's
storm drain easement resulting from future maintenance or construction operations of the
City's facilities by the City within the aDovecdescribed storm drain easement.
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2. The City willnbtbeliableJor any damage totheproposed construction on City's
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storm drain easementTesulting fromfutl:lre maintenance or construction operations of the
City's facilities by the City withi[l tlie,above,-des,cribE)d storm drain easement.
3 No construction other than that described aboVe will be permitted in the Right of
Way Easement.
4 All of CITY's facilities' in the CITY storm drain easement area are to .befully
protected in a manner satisfactory to CITY after construction of the retaining wall.
5 PERMITTEE, his heir~, successors or assigns, will be responsible for any
damage which may occur to CITY's facilities in the,storm drain easement by reason of the
construction, location, or maintenance of PERMIITEErfacilities, and for the cost or any
relocation of the facilities installed within the City's.storm drain easement by PERMITTEE,
his heirs, successors or assigns, should such relocation .bedetermined necessary by the
'GITY
6 That CITY, its offlcers, employees, agents and directors shallnot be answerable
or accounfablein any manner for any loss or damage that may occur to facilities belonging
to the PERMITTEE, his heirs, su(;cessors or assigns"orany 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 allY person, either workmen or the public, or
for damage to. property from anycause)arising outofPERMITTEE use of City's storm drain
easelTlent, or the construction and maintenance of facilities thereon. PERMITTEE, his
heirs, successors or assigns shall' be solely responsible for all of the foregoing.
PERMITTEE, hisneirs, successors or assigns, sha'lIl1old harmless, indemnify, and defend
CITY, its directors, officersiemployeesand agents, from all claims, suits.or actions of every
name, kind and description, including attorneys' fees, brought for, oron 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 storm drain
easement or the construction and.'maintenance of'facilities thereon.
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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.
9 The PERrvlITTEE,his heirs, successors or assigns, shall remove or relocate,the
encroachment, ora'portion'thereof, upon notification.inwriting 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 storm
drain easeme'nt all risk liability'insurance covering allbodily.and property damage arising
from PERMITTEE'S encroachment with limits of at least $:1 million dollars for personal
injuryclnd $250;000 for property damage. The policy shall name CITY and its officers,
agents and employees as,additionalinsured, and shall constitute primary insurance aslo
,
CITY and its officers, agents and employees, so thatanyother 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 GITYof cancellation or material change.
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This agreement is pursuant to action taken by the CiTY on the day of
V'A~ ,2002.
, . By W~~ /v1 Cf/ J.OO'~
Date ~
William Schloed~r
For City of Poway'
Date 1IJ<<'1 / Z 0 2-.
r'
0> . '. 5130 .
,CALlfORNIAJ~(L~PURPOSE,ACKNowtED.GMENT
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State of C a/,' (o{ 1 ',1
County of ~ ~'.pqn
on-.mru~ Cf', ZOO2..beforeme, ~A...u~ ~,-..i10 1:+ Da-hAvi fu.Io~'
Date '. _ 'Na e and,nttl of Officer (e.g., "kne Doe, Notary PtitI1c")
personally aPPeared' LO ' ( (. tA l'rl .c:;d/\ I 00{' d ~ .
Name(s)ofSigner(s)
~erSOna!IY' known' to me
.. . " . " " . . . . . . . 0 proved tome!onthe bas.isofsatisfactory evid.ence
J ~ . ~ ~-. . . . & (
, . : ". NANCY'RIJNHOI,T
:: ~~:-....; '," -COMM. #1271862., ., to be the person(S).Whdsename(s~are subscJiped to the
rn '.:~.,; ;.\. Notar.Y',PUblic,califlirnia rn within instrume. ht ah.a ~,eknOWiedged to me tha1W>. 'lshelthey
W .'.~ .. .,SAN DIEGO COUNTY ~ executedthe;>ame in1!5'herltheir authorized capacity(ies).
J" "~";',, ,,', ,MyComm.EXp:JuIy24,2004 f: and that bY<!lls.fherl!~eI[Signature(s) on the insttument the
" " .. .. , " " " , " , . , "..' pElrson(s), orthe,enmhlpon behalf of which the person(s)
acted, executedt,he inStfument.
WITNESS my hand.anilofficialseal.
OPTIONAL
lihough:the,'informaiion'below:is,no~'requi'ed,byJa~.Jt m~w prove valuable'ti5p~-'son~ relying-on the aocument and:could.p"'(~vent
fraudufent,'removalandreattachment of this form,to,another document.
Description of'Attached Document
.. ,~ litleorTypeofoDocument: Y"VI c(Mdwvv' J f2t.W11l'Vo.....Q ~y"'.p()'l'+'A !Jo.o~-o ~ I
Document'Date: tS - '1 - 02: Number of Pages: ~
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Signer(s):Other Than Named Above: ~
Capacity(ies) Claimed by Signer(s)
Signer's Name: ill.J11'a vY\ Lx:.h,/,,-e Ar J-/Signer's Name:
r1-lndividual 0 Individu1!1
o C6rporate'Offic:er 0 Corporate Officer'
litl~is):i ' . 'fiile(s): ' .
o Partner-~ 0 Limited 0 General n Partner-DL:imited O.General
o Attorney-in-Fact .D Att6rney,in,Fact
o Trustee 0 Trustee
O G d. C '0 G d" C' . RIGHT THUMBPRINT
uar Ian or ' onservator. uar lan"or onservator OF SIGNER ,
D Other' .Top of;thumbhere' 0 Other" Top of thumb here
Signer Is Representing: Signer Is Representing:
@.1996National Notary ASsOCiation. 8236 Remmel Ave.,.P.O:Box 7184. CanogaPark:.CA'91309-7184 Proif'No.5907 Reorder: Call Toll-Free 1.800-876-6827
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