Encroachment Permit 01-08 2001-0410319
7_-7,;.,.....
-- -;(
.-:">" f
;, -" -. 'REGaRDING REQUESTED BY )
)
)
)
)
)
)
)
)
)
)
)
"
~ -_:.
~,
liV
~.~
'.
GITY OF POWA Y
Wf1EN'RECORDED MAIL TO'
- ,>
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074
No Transfer Tax Due
:- ..
DQC , 2001-0410319
JUN~.9".2001 9 =.16 AM
i~O.40
OFFICIAl REcORDs , ..
SAN' DIEGO' CWHTV RECORIlER:S OFFICE
GREGORVJ. SIlITH; IlIOOY RECORDER
FEES: 22;00
:~ """ "II "" '" ""fl III"~
2001.0410319
(This spacetor Recorder's Use Only)
Encroachment Permit 01-08
17050 Edina Court
(Please,fillin document title on'ttiis'line)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
l.sot -l'1 b I ~g'
r; ~
..1
.
5041
.
,
ENCROAcHMENT PERMIT NO. 01-08
17050 Edina Court
Le Cornte Residence
The CITY OF POWAY'(herein called CITY), does hereby grant to Paul and Donna
LeComte, owners of the property at 17050 Edina Court, Poway, CA (herein called
PERMITTEES), permission to encroach over/within the City's existing water easement
recorded November 14; 1980. as Document No. 80-383393 in the Office of the County
Recorder, for purposes'of'constructing a private concrete driveway.
The limits of said encroachment are as shown on Exhibit-A, attached hereto and mace
a part hereof, and described asJollows: a six (5) to ten (10lfoot.drivewayencroachment'into,
the southerlv line of the existlnQ 50-foot water easement alonq the northerly property'line ..of
Parcel 2, per Parcel Map 1 0823~
Per[lission 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 tinies be subject to the righ.t 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 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 Ifgracing is required, not more than ~ inches of cut will'be permitted on
CITY's easement;
4 No utilities or improvements other than those described above will be permitted
.
.504,2
.
':~. ,
along or across' the eCisement. If other utilities or iriipfoVerhents.'are proposed, an additional
encroachment.permit will 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,
which, in the .opinion of the CITY, will provide easy access across the encroachment after
completion,
6 That all of CITY's facilities in ~he right-of-way.a.rea 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 qperation of the CITYs 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~sfacilities and rigbt-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, shoul9 such relocation become necessary by reason of the
construction by CITY of additional facilities or appurtenances'thereon;
9 That CITY, its officers, employees, agents and directors.shall not be answerable~pr
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 inconstruding
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 ag'ents, 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,
.
.5 0,4 3
.
or use by tbeir h.eir$," S'U,l::c~ss6rs or assigns, of CITY's easemeni or the construction and
maintenance of facilities thereon.
10 That 'CITY is to be without cost or expense of any kind in connection with this
permit
11 The encroachment shall tie installed and maintained in a safe and sanitary
condition at the sole cost, risk and responsibility of the PERMITTEES and successors-in-
interest
12. 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 ()fthe
City of Poway, or the City may cause such work to.be done, and the cost thereofshall be a
lien upon the land owned ~y the PERMITTEES, their heirs, successors or assigns.
13 PERMITTEES, their heirs, successors or assigns, shall take out and maintain,
during the tim~ the aforementioneg encroachment remains on CITY's easement, suffide!nt
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 permit is granted
~daYOf.-vY\Al
pursuant to action taken by the CITY OF POWAY on the
,2001
DATED' ~ 17 I Ut:>l
ACCEPTED'
BY~
Paul LeComte
By.
Approved By
CITY OF POWAY
". '. ',.510.{t4
CALlFORNIA,ALL~PURPO. ACKNOWLEDGMENT
.
,Slaiecif
California
C60nty;()f San Diego
On ,)1t1Y /1;,oLtJOI
Date
personally'appeared 4u t...
.be1ore me,
Elizabeth L..Bloom, Notary Public
IS. (!o A1 T C t1AL
Name and, Ie of Officer (e.g:.7Jane Doe/Notary Public")
#N'A Ic&, IE
Name{s)of Signer(s)
o personally.known.to me - OR -~roved to me on the basisof satisfactory evidence to be the person~
whose name@li8i@sUbscribed to the within instrument
and acknowledg'e-d to me thaLhe+eite~xecuted the
same in t\isIhef~thoiized capacity(@.and that by
Risfher@0ignature.~on the instrumentthe. person@>,
or the entity upon betialf of which the persol{@) acted,
executed the instrument.
~------~~----~
~ ELIZABETH L,BLOOM '
_' , Commission # 1224955
~. -. t\'otory PUblic -. 'co, lI.fom, 10 i
Son Diego County -
My Comm,E<Dires Jun, 2003
WITNESS my hand and olficial seal.
cu
,
Signature of Notary
OPTIONAL
Though the'information below is. not' requirea 15jJ'law,. it may prove valuable, to, persons.' relying. on the document and could prevent
fraudulent removal.andreattachment ofthis form to another document.
Description of Attached Document
Title or Type of Document: ,cN'('!ec,'A{'JI,A.! LA/T
Document Date: 5/;~/t?f
Signer(s) Other Than Named Above: 7/.,970
/Ji'CM;r NO, 01-0 ~
-'-/
Number of Pages:
Capacity(ies) Claimed by Signer(s)
Signer's Name: &U,i.. LLf!pM,rL
~ndividual
D. Corporate Officer
Title(ol):
o Partner- 0 Limited 0 General
o Attorney,in,Fact
o Trustee
o Guardian'orConservator
D Other" Top of thumb hei-e
RIGHT THUMBPRINT
." OF. SIGNER ....?
Signer's Name:j"NH..f LE (!LJ-'lTL
IM-'1ndividual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
0. Guardian or Conservator
o Other" Top of thumb here
Signer is Representing:
'Signer is Representing:
;l
/
/
/
....
<;;)
~
....\\
,
'\.
'\.
"
\"
~
~
(
&L> ' Ex/s 7//Y':; ,I/)//fTE~ /VIA/IV E/lS'EfflE4/
7 ;P'[,IZ .ope 6'0-38339-.3 RE'C. //-/'1-&0
\~
~O ~
~
~
~
/
. EXI!IBIT A-J~045 .
€NC, ,Pe..t}?l/ r 0/-08
I~
/
,
")0
(,.r., I
I ~\o \
~~-(
.~
~
\~
,P ..cO.P',05 E/.:?
.L?~ /vEVV/-l Y
..f"'/VCR.O/l C/rI/VIEA/T
~/t"R.CEL 2...
~/V1 /CJ8'.23
------
~
---;;'-P//VA
WAY
- --
I
!- I
JI
~
11
~I
I