Encroachment Removal Agreement TM 89-13R 2000-0369981
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RECORDED REQUEST OF
First Americall Ii/;.le
. Sl.;BOIVLSION MAPPIN(WT
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RECORDING REQUESTED BY
CITY OF POWAY
AND WHEN RECORDED MAIL TO'
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CITY CLERK
CITY OF POWAY
POBOX 789
POWAY, CA 92074
No transfer tax due
Assessors Parcel No NONE
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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
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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
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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'
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Date,
r07-0S -00
By Bruce E. Tabb, ~cesident
OLD COACH REALTY, 1NC.
City of Po way'
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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.
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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.
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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)
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Signer's Name:
Signer's Name:
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l1tle(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
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D Individual
D Corporate Officer
l1tle(s):
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D Trustee
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Signer Is Representing:
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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