Loading...
Encroachment Removal Agreement TM 89-13R 2000-0369981 - i RECORDED REQUEST OF First Americall Ii/;.le . Sl.;BOIVLSION MAPPIN(WT qJ RECORDING REQUESTED BY CITY OF POWAY AND WHEN RECORDED MAIL TO' (1 jf CITY CLERK CITY OF POWAY POBOX 789 POWAY, CA 92074 No transfer tax due Assessors Parcel No NONE ~-~ ~4744' ) ) ) ) ) ) ) ) ) ) (This space for Recorder's Use) NO DOCUMENT TRANSFER TAX DO. # 2000-0369981 JUL ~3, 2000 ~:35 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SHITH,COUNTY RECORDER FEES: 13.00 111111111111111111111111111 2000'0369981 NO FEE ENCROACHMENT REMOVAL AGREEMENT (TM 89-13R,.the Heritage, Phase 1, Unit 1, Map No. 13708) In accordance with the provisions of the City of Poway Municipal Code, Old Coach Realty, Inc. (Owner), the subdivider/owner/developer of Old C6ach,Golf Estates referred to as City of Poway TI dct No 89-13R, the Heritage, Phase 1, Unit 1, Mar- ;h 13708 (Heritage); for the use and benefit of present and prospective Heritage property owners, in the City of Pmvay, County of San Diego, State .of California, in consideration of the grant of.permission bY the City of Poway to instaii and maintain Owner's private improvements within public street rights-of-way or easements,such as, but not limited to, an entry wall, landscaping, irrigation, and lighting (Encroachment) as depicted on the streetscape plans'for City of Poway Tract 89~13R, Old Coach Golf Estates, Phase 2, Unit 2, approved by the City Landscape Architect and Director of Development Services on January 14, 2000, a copy of which ison file at the Development Services Department of City of Poway Owner, its successors and assigns, covenant and agreewith the City of Poway, as follows: (a) The Encroachment shall be installed and maintained in a safe and sanitary condition atthe sole cost, risk and responsibility of the owner and successors in interest. (b) Owner, its successors and assigns, hereby agree to at alltimes indemnify and save the City free'and harmless from and pay in full, any and all claims, demands, losses, damages or expenses that the City may sustain or incur in any mariner resulting from the construction, maintenance, state of use, repair or presence of the structure installed herein under, including any.loss"damage, or expense arising out of (1) loss of, or damage to property, and (2) injury to, or death of persons, excepting any loss damage or expense and claims for loss, damage or expense resulting solely from the negligent act or acts of the City, its contractors, officers, agents or employees. (c) The Owner or iis successors and assigns must remove or relocate any Encroachment within 30 days after notice by the City of Poway or the City of Poway may cause such work to be done, and the cost thereof shall be a lien upon said land. (d) For structures encroaching over or under the public right-of-way, the Owner or its 15"-1 _leI 20_.1;, cl . 474. successors and assigns agrees to provide an alternatejright-of-way or to relocate said City facility toa n'ew'alighment, all without cost or expense to the City, whenever it is determined by the City of Powaythat the City facility cannot be economically placed, replaced, or maintained due to the presence of the encroaching structure (e) Whatever rights and obligations were acquired"bythe,City with respect to City's easements and rights-of~way shall remain and continue in full force and effect and shall in no way be affect"ed by the City's grant of permission to constructimd maintain the Encroachment. (f) This, agreement may be assigned to the Heritage Custom Estates Association. This agreement shall be binding upon all successors in interest of the parties hereto Owner' \ ~ t:.--( ~ Date, r07-0S -00 By Bruce E. Tabb, ~cesident OLD COACH REALTY, 1NC. City of Po way' '- Date: "7- 7- 00 i.~~k~~~~~~~~"~~~~~~~~~~~~~~4'=4~' 1;i g ~ State of CtLhHO I1L1L, ~ 'L' tS [, County of &11 /lUfJ.6: ~ J 75-(;D Date personally appeared 'Of/,Uw E. JC-L 66 On -;> k:/ before me, ',I I [, Name and Title of Officer (e.g., "Jiwe Doe, Notary Pu "j L- . Name(slof Signer(s) , ~ersonally known to me D proved to me on'the basis of satisfactory evidence to belheperson(s) whose name(s~are subscribed to the within instrument and '7Znowledged tome that~she/they execuled'the sa,me in@slfher/their authorized capacity(ies), and that bY@/her/their signature(s) on the instrument the person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument. ) ) ) ',) I [. ~ _. - - -- - - - - - - ~ . USA THOMAS . _ ' . Commission#1261052 z '. Notaty Public - Canfomla ~ . San'Diego Counly ,t.+t,C"'!'m. rxpres^l717,ZXl4 " ') y hand and' official seal. ') I, Though.the informaNon below is.noUequired by lalt; it may prove valuable to peisons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. " Description of Attached 'Document Title or Type of Document: rJ'ic/'uJa(l.h (rUn f: Re 1I407/7U af{1,lMYUtU. DocumentDate' JtUULtL'v~/ /4, 2. 07J7) Number of Pages: :z. Signer(s) Other Than Named Above: rZIfWJ.JeIUcdz,H' _ .p, ~ 0/ f}iJl/7L~ Capacity(ies) Claimed by Signer(s) .[ [ ') ,[ , " Signer's Name: Signer's Name: I, I D Individual D Corporate Officer l1tle(s): D Partner - D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator o Other" Top of thumb here D Individual D Corporate Officer l1tle(s): D Partl'!er - D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator o Other" Top 01 thumb here ~ ~ ~ ~ @ ',[ ,I i> ,. [.' [, I, I ~ . [ ~ [' . ~ ~"Q<.,."Q<;..~'Q<;.'Q(,.."'QZ.."'Q(..~~'9<;..~~~""Q<;..'Q<.;.~~~~~~~~~~~~~~~""Q(..~~~~'Q<..~^q.."Q(;.'Q<'....~.j:~ Signer Is Representing: ) 'I ,[ Signer Is RepresentIng: @ 1996 Nation<ll Notary Association' 8236 Remmel Aile.. PO. Box 7184' Canoga Park. CA 91309.7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800:876:6827