Encroachment Permit 01-06 2001-0289530
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! DOC' 2001-0289530
\ MAY 08, 2901 2:04 PM
7 0 0 6 OFFICIAL RECOROO
\1 ' SAN DIEGO CouNTv RElDRDER:SQFFICE
GREIiORY J. SMITH,- COUHTY REroIDER
FEES: 22.00
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RECORDING REQUESTED BY )
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CITY OF POWAY
WHEN RECORDED MAIL TO'
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074
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2001.0289530
No Transfer Tax Due
Encroachment Permit 01-06
(Please fill in document title on this line)
Lot 45, The Heritage
14122 Biscayne Place
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
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7007
ENCROACHMENT PERMIT NO. 01-06
LOT 45, THE HERITAGE
14122 BISCAYNE PLACE
The CITY OF POWAY (herein called CITY), does hereby grant to Lloyd Wells, as
Trustee of The Lloyd Wells Gift Trust dated November 24, 1987, owner of the property at
14122 Biscayne Place, Poway, CA (herein called PERMITTEE), permission to encroach
over/within the City's existing 20-foot sewer easement, as shown on Map 13708, recorded in
the Office of the County Recorder on December 17, 1998, as File No 1998-826892 for
purposes of constructing a concrete driveway
The limits of said encroachment are as shown on Exhibit A, attached hereto and made
a part hereof, and described as follows: a private concrete driveway slab alonq the easterly
property line of said property
Said permission is given subject to, and PERMITTEE, its 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 improve any
existing works of the CITY on CITY's easement, without liability for damages to the facilities
of PERMITTEE, its 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 owner or other
persons;
3 This assignment is made for the direct benefit of PERMITTEE's land above
described and the covenants herein contained shall run with said land, and shall be binding
on the assigns and successors of PERMITTEE,
4 No utilities or improvements other than those described above will be permitted
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7008
along or across the easement. If other utilities or improvements are proposed, an additional
encroachment permit will be required;
5 PERMITTEE shall not unreasonably interfere with the facilities of CITY or with
access by CITY over patrol roads during construction. PERMITTEE 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 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 PERMITTEE, its 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 PERMITTEE's facilities, and for the cost or any
relocation of the facilities installed within the easement by PERMITTEE, its heirs, successors
or assigns, should such relocation become necessary by reason of the construction by CITY
of additional facilities or appurtenances thereon;
9 That PERMITTEE shall furnish CITY with "as-built" 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 PERMITTEE, its 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 PERMITTEE's use of CITY's easement, or the construction and
maintenance of facilities thereon. PERMITTEE, its heirs, successors or assigns, shall be
solely responsible for all of the foregoing PERMITTEE, its 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
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7009
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 PERMITTEE's use, or use by its 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 PERMITTEE and successors"in-
interest.
13. The PERMITTEE, its 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 PERMITTEE's sole cost and
expense, and the cost thereof shall be a lien upon the land owned by the PERMITTEE, its
heirs, successors or assigns.
14 PERMITTEE, its 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.
DATED'
permit is granted pursuant to action
day of 7
tJfYuj !1tJ) ~!JO I
taken by the CITY OF
,2001
POWA Y on the
This
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By
CALIFORNIA ALL-PUR.E ACKNOWLEDGMENT. 7010
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State of
Counfy of
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personally appeared ~ \1(\
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before me,
Date
Name and Title of Officer (e.g"
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Name{s)of Signer(s}
SHERRIE D. WORRBl
a commission # 1223093 c
:c , . Notay Public - CalifaniO ~
~ San Diego Caun!y I
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...[J ~8F€8Ra.lly kllVYVlI Lv II II;:;
IIlproved to me on the basis of satisfactory evidence
to be the person(pI whose name\l!) liS>are subscribed to the
within instrument and acknowledged to me that he~/they
executed the same in his/.@their authorized capacity~,
and that by his@/their signature\ll) on the instrument the
person(ll, or the entity upon behalf of which the perso~)
acted, executed the instrument.
WITNESS my hand and official seal.
....)A III 1 e fJuJ, J.JUffl
Signatureo! NolaryPublic
OPTIONAL
Though the information below is not required by faw, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another 1ocument.
Description of Attached Document
Title or Type of Document: Cf\ercac.r. !'I'e('t'r \)cL{l(,~ O\-ole
Document Date: ~c!., ?,O I "lOO I Number of Pages: 6
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
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D Individual
D Corporate Officer
Title(s)
[J Partner - n Limited 0 General
o Attorney.in-Fact
o Trustee
o Guardian or Conservator
o Other' Top of thumb here
o Individual
U Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney.in.Fact
o Trustee
o Guardian or Conservator
o Other' Top of thumb here
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Signer Is Representing
Signer Is Representing:
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Prod. No, 5907
Rnora,;r' Call Toll frA€ 1.800.8766827
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