Encroachment Permit 01-07 2001-0475219 RECORDING REQUESTED BY: )
CITY OF POWAY )DOC # 2001-0475219
) JUL 11 , 2001 8 : 16 AM '
WHEN RECORDED MAIL TO: )
OFFICIAL RECORDS
CITY CLERK ) I 3 7 0 9 SAN DIEGO COUNTY RECORDER'S OFFICE
CITY OF POWAY ) GREGORY J. SNITH, COUNTY RECORDER
P.O. BOX 789 ) FEES: 25.00
POWAY CA 92074 )
No Transfer Tax Due )
JJJ IIDIIII I II III! 1111111 1111111
2001-0475219 - -
Encroachment Permit 01-07
17728 Old Winery Way
(Please fill in document title on this line)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
4.51344-1/ 0 I - 131
MICKEY CAFAGNA, M'yor
JAY GOLDBY, Depury Mayor
BOB EMERY, Unmcilmember
DON HIGGINSON, Councilmemher
t:ITY OF POWA'
3710
BETTY REXFORD, CmH1cilmemher ENCROACHMENT PERII/IIT NO. 01-07
17728 OLD WINERY WAY
The CITY OF POWAY (herein called CITY), does hereby grant to Steve and Lisa
Altman, owners of the property at 17728 Old Winery Way, Poway, CA (herein called
PERMITTEES), permission to encroach over/within the City's existing 20-foot wide sewer
easement, per document recorded in the Office of the County Recorder on March 20, 1980,
as File No 80-095858, for purposes of constructing retaininq walls, stairs, property fencinq,
trees and landscapinq
The limits of said encroachments are as shown on Exhibit A, attached hereto and
made a part hereof
Said 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 h\'lrein by CITY shall at~lI, times be subject to the right of
CITY to operate and maintain, and from time to time to reconstruct, alter, and improve 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 CITr uy virtue of ils easemeni in said iands, 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 owner or other
persons;
3 This assignment is made for the direct benefit of PERMITTEES' land above
described and th\'l cqvenants herein contained shall run with said land, and shall be binding
. .
- .
on the assigns and successors of PERMITTEES
4 No utilities or improvements other than those described above will be permitted
along or across the easement. If other utilities or improvements are proposed, an additional
encroachment permit will be required;
l
City Hall Located at 13325 Civic Center Drive
Mailing Address: PO Box 789, Poway, California 92074-0789 · (858) 748-6600,695.1400
FAX 748-1455
.
. 3711
5. PE~MITTEES shall not unreasonably interfere, with the facilities of CITY or with
access by CITY over patrol roads during construction, PERMITTEES shall establish grades,
which, in theopinicin 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-ofcway 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,
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 PERMITTEES' use,
.
.
3712
or use by their heirs, successors or assigns, of CITY's easement or the construction and
maintenance of facililiesJnereon.
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.
1.3. 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 assigns, 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
~
This
;;f~
permit is granted pursuant to action
day of L~_
;) /1 1/ 0 I
taken by the CITY OF POWAY on the
,2001
DATED'
~/I~OI
ACCEPTED'
By
25.0'~ ~&~ "
/ / V ,,/ "
/ ~~l~25.0' /" "
,LOoT 3D ~,. ~A'~,..~" "
MAP 12751 ", Q . 'O~"':>"':>~~~a\ "
/ o'V L'!l~~ cS'0 ~~. ,
~ . 7~}.~~ ~ A
Ll = ",..2~.."3" ? '0 , "
R = 43;00 , "
_ L-'"= 26~5 FT
Ll = 39'5'4',13"
~d)O IT
L= 49.45 FT
.
3713
,
,
LOT 24 '\.. ~
MAP 12751 ~
"/
"'=>cS'\: ~
~ ...<:s'.
'?'" a ,__________ ~
~ LQT25 ~ __________
MAP 12751 , APN 273"900"27
~.,. " .kk: ~;' pm
'" .~/~
~/~'
~/""
"{
EXISTING 20' WIDE SEW~B
.EASEMENT TO,POMERAD()
COUNTY WA TERDISTRICT
PER DOCUMENT RECORDED
3'-20-80 AS FILE NO.
'80-'095858
/
/',
'"
/
/
APN, 27,3"900"25
MAP 12751
---------
STAIRS
/
/
SCALE: 1"""50'
PROJECT
AL TAAAN RESIDENCE
...fI1.DlmenslonaliEnIJ'neetfWl'nc.
'I~_.__..".'~RI,..' 'LA.,.'I'''~ . 1,,11'. r,YII.
PD.-IOU8I POWAY..CA 82074 l8lIlD74&'1881 FAXl8lIlD74lH1412
EXHIBIT 'A' ,10&:110
l DATE
ENOROACIe/ENT PERI6T'O/~O. . SCALE
2001-038
06 18 01
,u = 50'
,;
ciA~iFORNIA ALL-PURPlE ACKNOWLEDGMENT
.
371,4
On
Qo..J\~V{'\\' C(
County af ,:==Jon DI'<':f-cI)
H().~I, &)ml befareme, ~
D", L'\ \\__
personally appeared 111 1
Jane Doe, Notary Public")
State of
; ,
Name(s) of,Signer{s)
o personally known to. me - OR -q(Proved to. me an Ihe basis of salisfactory evidence to. be the personM
whose name(~is/afesubscribed to the within instrument
and acknowledged to. me that Fleishel\fte't-executed the
same in hi&fAer/tReir autharized capacity(i~; and that by
his/her/their signature(,s1' on the instrument the persan~).
ar the entity upan behalf of which the person~) acted,
executed the instrument.
.~
, __ _ f_ _ _ '-_ _ __ ..... .- _ __ .......
. 1'_~ ~~'"'M'"", I
""'" " , "Com' I
..:..... ~ ,__ . ,.:: '~". mLSS on # 1240945
, - ' .. ~ t ' :,.. ";' N-otiJry,' . Pubnc - Califimla I.
~_z , '".~ ,_ . ....
. "- ':"f : <"San Diego.County f
',- " ~ My ccinm, 8cpires Nev 6, 2lXl3
....... -- -. - -
". " - -...- - -,-- - - - -- -- -- "
.~. ...." --. :-_~ "," "' ~
WITNESS my hand'and off' ial seal.
nlLi~
Though the information below is'not requirediby'law, it may prove valuab/e,to persons relying on the document and could prevent
, fraudufent'removarand reattachment of this "form to a'nather document.
Description of Attached Document
Title or Type af Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
[~ IndividlJaI
o CorpaiateOfficer
Title(s):
o Partner - 0 Limited 0 General
o Attorney.in.Fact
o Trustee
o Guardian or Conservator
o Other' Top of thumb here
D Individual
o Corporate Officer
Title(s)'
o Partner - 0 Limited 0 General
o Attarney-in,Fact
o Trustee
o Guardian or Conservator
D Other" Top of thumb here
Signer Is Representing:
Signer Is Representing:
@'.994NationaINotaryAssociatlon'8236RemmetAve, p,o, Box 7184' Canoga Park, CA 91309 7184
Prod, No, 5007
Reorder: Call Toll. Free 1-800-876-6827
.
.
CAblFORNIA ALL.PURPOSEACKNOWLEDGI\IIENT
~..&'.)X'.&.e<'~..c:<'..c<:'-C<'.e<:'~.(X'..i0'{.'.c<:'..e<:'e<:'..c<'..,o('j<"'-C<.'.0C'..co,0('.c<.'..e<'..cO..cO.c<.'e<'h".e<'...c<"~..c<'..c<'..c<'.A5('h"..c<'"~.'
~,.1 State of California }
~ ~ /i)' ss,
j{,,1 County of _, ~.Alt:W>
~ ' ()
~
~%A....
~ On...-"
~
~
~
~
~
,"
&1
~
~
~
~
~
~
~
!i
j;
I
~
~,
i~
~
~
~
~
I~
~
!), Capacity(ies) Claimed by Signer
~~'I Signer's Name:
o Individual
~ 0 Corporate Officer _ Title(5): Top o!themb he,e
~'I<;:I D Partner - D limited 0 General ,
o Attorney In Fact
o Trustee
I 0 Guardian or Conservator
: 0 Other ,
, '
~ SIgner Is Representing ~I
~ ~
c",'9'",:.;~<;"~'g...'C<..-'G\;.'(~.(;.;~<:'-'Q..:..'Q<:..'g.;,v,;;.<,:~;g:..'C(...'U<:;.x.:.<;..v,;;(;::g;..'Q".;.'g.j'9;..~'g....~~'(,X;..~~~~~~~"<.:.Vx<<:--g.;..~'QV~~~~"CVV";>:~
@ 1997 National Notary Association 9350 De Sata Ave., :>:0. Box 2402 Chatsworth, CA 91313-2402 Prod, No. 5907 Reorder; Call Toll Free 1-800-876-6827
personally appeared
Name(s)of Signer(s)
iJ personally known to me
o proved to me on the basis
evidence
of satisfactory
,---~ (
.... .... ...._~ .... ....
O~ ""~"" SYLVIA J. BARONE~
' - COMM. #1176042
G - : NOTARY PUBLIC-CALtFORNIAG)
~ . SANDtEGOCOUNiY 0
J _ :"FO': \ _ ;O~M:.. ~. ~C~2~2D22t
to be the person(s) whose name(s) is/are
subscribed to the wilhin instrument and
acknowledged to me that he/she/they executed
the same in his/her/1heir authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(sl, or
Ihe entity upon behalf of which the person(s)
acted, executed the instrument:
Place NolarySealAbove
OPTIONAL
Though the information below is'noUequired 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 ~ent () ----L- () ~ /IJ
Title or Type of Document: ~1tf....J /"). ,0 0 (-0 7~
I 7 - .J If o)l..d) w ~ W (\-c fiJ-UJ-VO CD-
Document Date: CNumber~ ~ages:
.Signer(s) Other Than Named Above:
3715
-:'Y.'
"
.,
,
~
"
~
,
~,
~
,
,
,
,
~
,
~
,