Encroachment Agreement 1966-170758
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ENCQ.BACHMENT
AGREEMENT
This agreement is made OctoberlS , 1966, between POWAY
MUNICIPAL WATER DISTRICT (called District), and MERLE F. PALMER
and RUTH B. PALMER, husband and wife (called Palmer), in view of
the following facts:
(a) District operates and maintains a water pipeline within
the boundaries of Piermont Subdivision according to Map No. 785 filed
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in the Office of the County Recorder of San Diego County. Said pipeline
is located within an easement and right of way 20 feet in width as granted
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the District by an instrument recorded as Document No. 217750,
December 2, 1965, in Series 6 Book 1965, Official Records in the
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Office of the County Recorder of San Diego County. Said easement
provides that neither the grantor nor their successors shall erect or
construct any building or other structure within the limits of the
District's right of way.
(b) Palmer is the owner of the property within the said Piermont
Subdivision lying between A Street and B Street and extending from
Brighton Street to the easterly line of Piermont Subdivision. District's
easement bisects Palmer's property.
(c) Palmer desires to improve the property as a trailer park
and wishes to construct concrete slabs for the parking of house trailers
which slabs would encroach upon District's easement. The District is
willing to permit such encroachment upon the terms and conditions as
set forth in this agreement.
IT IS THEREFORE AGREED:
1. District agrees that Palmer may construct and maintain
concrete slabs on the above described property which may be located
partly within the limits of District's easement provided that no part of
any such slab shall extend or be constructed within three feet of the center
line of District's pipe. This permission does not extend to any building
or other type of structure except a concrete slab with requisite footings
designed for the parking of movable house trailers or other wheeled vehicles.
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2.
If the District in the exercise of its rights under its
easement destroys or damages any trailer slab or other property
belonging to others located within the easement, District shall not be
required to restore or repair the property or structure so damaged.
3. Before doing any work on its pipeline which might result
in damage to or destruction of any property or other facility located
within the easement, District shall first give reasonable notice to
Palmer or his successor in interest. Such notice shall be sufficient
if mailed to the record owner of the property at the address appearing
in the District's records with a copy posted on each trailer space that
would be affected by the District's work.
4. Palmer agrees to give each occupant of any trailer space
which may encroach upon the District's easement notice of the terms
of this agreement.
IN WITNESS WHEREOF, this agreement has been executed on
behalf of District by its authorized officers and by Palmer
ATTEST:
AIllil,u4ae,e tLJ-4~~
"",}\.." oW, A,' ~~ Secretary
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STATE OF CALIFORNIA ) SS,
COUNTY OF SAN DIEGO )
On O"'TChf'/-- '-I, /'l(Ph before me, the undersigned, a Notary Public in and
for said State, personally appeared MERLE F. PALMER and RUTH B. PALMER,
husband and wife to be the persons whose names are subscribed to the
within instrument and acknowledged that they executed the same.
WITNESS my hand and official seal.
Signature ~. S, SC~<L 1\
Q. g, SCANNELl.'
Name (Typed or Pnnted)
0, E, SCANNELL
NOTARY PUBlIC,CALIFORNIAI
~RINCIPAL OFFICE IN
SAN DIEGO COUNTY ,
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8.TA'l'E gF CALIFORNIA )
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COUNTY OF SAN,DIEqO )
On .OCTOBER 18.; 1966 :.before me, the undersigned, a Notary pUblic
in"anci for 'said Stat,El, personalIyappeared GORDON A. T~SELL,
kriowrito me to be,the:"Presfdent,' andboN'iUJ:l"D. DROwSKY, known'
to me to be, Secretary, of the corporaticonthat executed the
:wl.thin Instrument'X:IloWIl to me to be ~l).e persons who exeCuted
the within Instrument on behalf of thE'!,corporation thEl~ein
nam~d,al1a. acknowledged to me that'sucll .corporation- -executed
the within Instr1.liiientpursuant to its by~laws or a resollltion
of i,ts Board of Dire~tors.
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Notaiy'-Pubric' iiY,and 'f,or '
the 'County of San. Diego, state of
'ca.lifornJ!a
EVIA L,-pQWE(L -
My commission Expires Aug.~ 15. ~96S
WITNESS' ,my hand and" offJ;cial
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j.70758
fILEI?AGE NO............,_..._~,'_~
~ECORDED ~T REQ~~ST,~
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j;CT 251966
ATfE~IN~T~~gk,i'fif
OffiCIAL REcORDS "
S.~N UIEGO COUNT'!, CALlfORilll\
A, S, GIC~'I, COUN[V !:ESORDER ~tt;
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