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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