Encroachment Permit 01-09 2001-0600682
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RECORDING-REQUESTED BY
CITY OF POWAY'
WHEN RECORDED MAIL TO'
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074
No Transfer Tax Due
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DOC # 2001-0600682
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~UG 23, 2001 8:10AM
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OFFICIAL ImRDS
SAN DIEGO aoov RECORDER'S OFFICE
GIiffiORV J. SMITH. ClIIINTV REIlIRDER
FEES: 25J~)
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2001.0800682
Encroachment Permit 01-09
12413 Metate Lane
(Please fill in document title on this line)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
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ENCROACHMENT PERMIT NO. D 1- 0 9
'fI,f'N W 3i7- 301-0,3
The CITY OF POWAY (herein called CITY), does hereby grant to Dennis M, Ferdiq,
12413 Metate Ln, Poway, CA (herein called PERMITTEES), permission to encroach
over/within the City's existing sewer and storm drain easement as offered for dedication on
Map 4282, filed in the office of the County Recorder of San Diego County, July 29, 1959
The limits of said encroachments are as shown on Exhibit A, attached hereto and
made a part hereof; and described as follows. 18" high planter wall with 4" concrete slab
(including cold joints at or beyond sewer easement limits) in case removal is required in the
future, normal landscape such as irrigation, lawn and shrubs and a retaining wall,
perpendicular to the storm drain easement all as shown on Exhibit "A"
Permission is given subject to, and 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 maintain, and from time to time to reconstruct, alter, and iinprove any
existing works of the CITY on CITY's easement, 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 contained
herein relates only to the prior rights of CITY by virtue of its easement 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;
3 This'grading is required, not more than N/Ainches of cut or 15" inches of fill
will be permitted on CITY's easement;
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4186
4 No ,utilities or'improvements other than those described above will be permitted
aibngoI'acro~s the easement. If other utilities or improvements' are proposed, an additional
encroachment permitwill be required;
5 PERMITTEES shall not unreasonably interfere with the facilities of CITY or with
access by CITY over patrol roads during construction. PERMITTEES shall establish grades,
wtiicl1, in the opinion of the CITY, will provide easy access across the encroachment after
completion,
6 That all of CITY's facilities in the right-of-way area are to be fully protected in a
manner satisfactory to CITY after construction,
7 That CITY will not be liable for any damage to the proposed construction on CITY's
easement resulting from future operation of the CITY's facilities by CITY within the right-of-
way;
8 That PERMITTEES, their heirs, successors or assigns, will be responsible for any
damage which may occur to CITY's facilities and right-of-way easement by reason of the
construction, location, or maintenance of PERMITTEES' facilities, and for the cost or any
relocation of the facilities installed within the easement by PERMITTEES, their heirs,
successors or assigns, should such relocation become necessary by reason of the
construction by CITY of additional facilities or appurtenances thereon;
9 That PERMITTEES shall furnish CITY with record drawings after the work has
been completed
10 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 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 or the public, or for damage to
property from any cause arising out of PERMITTEES' use of CITY's easement, 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,
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4187
successors or' assigns, shall hold harmless, indemnify, and d~fehd CITY, its directors,
officers" employe'es and agents, from all claims, suits or actions of every name, kind and
description, including attorneys>fees, brought for, or on account of, il'ljuries to or death of ani
person or damage to property resulting or alleged to have resulted from PERMITTEES' use,
or use by their heirs, successors or assigns, of CITY's easement or the construction and
maintenance of facilities thereon,
11 That CITY is to be without cost or expense of any kind in connection with 'this
permit.
12, The encroachment shall be installed and maintained in a safe and sanitary
condition at the sole cost, risk and responsibility of the PERMITTEES and successors-in-
interest.
13 The 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 of Poway, 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.
14 PERMITTEES, their heirs, successors or assigl'ls, shall take out and maintain,
during the time the aforementioned encroachment remains on CITY's easement, sufficient
Liability Insurance covering all bodily and property damage arising out of this permit. This
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.
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4188
This perlTlit isgrarited
J() day of
pursuant to action taken by the G.ITY OF POWAY on .the
~lc( , 2001
DArED: J'UL-'( 3Q/ ~oa I
ACCEPTED'
By. P
J)f.iullit .5
Approved By
CITY OF POWAY
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By_
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METATE LANE
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N83019'OO"E 70,00'
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LOT 3
MAP 4282
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EXIST 8' WlDE ,\
DRAlNAGEESM'T -' __ J
PER MAP 4282 --<" .:::
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4189
~ REPRESENTS AREA
OF ENCROACHMENT
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EXISTING RESIDENCE
CONe. BLOCK
WALL_____
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LoT 2
MAP 4282
ENCROACHMENT "'
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CONe. BLOCK J
WALL
EXIST 8' \VlDE.J
\ SEWER ESM'T
PER MAP 4282
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MAP 4282
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N8301~0; 70.00'
LOT 23
MAP 4282
LOT 22
MAP 4282
FERDIG RESIDENCE
12413 METATE LANE, POWAY, CA
LOT 21
MAP 4282
EXHIBIT 'A'
ENCROACHMENT PERMIT ol~oCL
DATE: 7/31/01
SCALE, 1"=20'
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4190
C4l.lfORNIA A.LL.PURPOSE ACKNOWLEDGMENT
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State of California
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County of
JOSE Q.i46'UD4
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Name and Title of Officer (e,g., 'Jane Doe, Notary Public")
1-1. FE/2016
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Name(s) ofSigner(s)
Ef'personally known to me
o proved to me on the basis of satisfactory
evidence
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to be the personM" whose name(N-" is/$l<er
subscribed to the within instrument and
acknowledged to me that he/s!ill;/~ executed
the same in his/~/t~ authorized
capacity~ and that by his(~r/~
signatureWonthe instrument the person~), or
the entity upon behalf of which the person()Q
acted, executed the instrument
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I~ JOSE G, LAGUDA I
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U , NOTARY PUBLlC.CALlfORNIA l/l
l/l'" SAN DIEGO COUNlY n
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FEBRUARY?, 2003 I
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Place Notary Seal Above
WITNESS my hand and official seal.
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OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent frauduJentIemovaJ and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
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Signer(s) Other Than Named Above:
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Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other'
TOp of thum::> here
RIGHT THUMBPRINT
OF.. SIGNER '
Signer Is Representing:
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@ 1997 Nalional Notary Association 9350 De SotoAve., P.O. Box 2402 Chatsworth, CA. 91313-2402
Prod No. 5907
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