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Encroachment Agreement No. 09-03 2009-0702117 � : : . --, DGC # 2009-07021 17 �� I � � �� I� � � �� I �� I � �� RECORDING REQUESSED BY: DEC 21 , ZOO9 9:56 AM CITY OF POWAY OFFICI.4L RECORD� SAD! DIEGO CGUNTY REC�JRDER'S OFFICE GHVID L. BUTLER, COUNTY RECUROER AND WHEN RECORDED MAIL TO: FEES 25 u0 PAGES: 6 CITY CLERK CITY OF POWAY � IIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIII P O BOX 789 POWAY, CA 92074 � � (THIS SPACE FOR RECORDER'S USE) APN: 275-461-15 ENCROACHMENT AGREEMENT NO. 09-03 (No Documentary Transfer Tax Due) The CITY OF POWAY (herein called CITY), does hereby grant to Rosalind B. Diamond- Miller and Anna L. Vas4uez owners of 16021 Pomerado Road, Poway, CA (herein called PERMITTEES), permission to encroach within the City s Slope and Incidental Use Easement (EASEMENT) for the purposes of constructinq an asphalt paved drivewav. The limits of said encroachment are as shown on Exhibit A, attached hereto and made a part hereof, and described as follows: approximately 200 LF of asphalt drivewav across existinq easements adiacent to Pomerado Road. Said permission is given subject to PERMITTEE, its heirs, successors or assigns, by accepting the same, agreeing 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 or easement over said lands or any other rights which are reserved to the owners or other persons; 3. The 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 EASEMENT; 4. This assignment is made for the direct benefit of PERMITTEE's land above described Cx1- �`�'' a � Encroachment AgreemenY No. Fage 2 and the covenants herein contained shall run with said land, and shall be binding on the assigns and successors of PERMITTEE; 5. Only those utilities or improvements described above are permitted along or across the EASEMENT. If other utilities or improvements are proposed, an additional encroachment removal agreement will be required; 6. PERMITTEE shall not unreasonably interfere with the facilities of CITY, or with access by CITY, during construction. PERMITTEE shall establish grades, which, in the opinion of the CITY, will provide easy access across the encroachment after completion; 7. All of CITY's facilities in the EASEMENT aYe to be fully protected in a manner satisfactory to CITY after construction; 8. PERMITTEE, its heirs, successors or assigns, will be responsible for any damage which may occur to CITY's facilities in the 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. 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 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; Enc�oachment Agreement No. Page 3 10. CITY''is to be without cost or expense of any kind in connection with this agreerrient; 11. The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk and responsibility of the PERMITTEE and succes`sors-in-interest; 12. 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. This agreement is g�anted pursuant to action taken by the CITY OF POWAY on the a�� day of /r�n�iEH�S�2 , 2009. ACCEPTED: Property wner(s) • CITY OF POWAY By: G d B. Diam d-Miller � By: �v Anna C. Vasquez rank G ste eneto City Engineer (Signatures must be notarized. Notary form attached.) Approved as to Form: Office of the City Attorney ��- � E�7� Lisa Foster, CityAttomey Attachment: Exhibit'A' M:\engserJ\000 doc templates\encrbachmenTagreement 2.09.docz - - CAL'IFORNIA . � �Stat'e�of��Califo'"rnia � Gounty of San Diego On!�U�E��7��d% before me, Phyllis Shinn, Notary Public , � Da�e p � Here Insert Name antl Title ol Ne Oflicer personallyappeared�flSAG�/y/� p ��[ A�2ia�/d-�?/LGE�'z. /f/�� Name(s) ot Siyner(s) �/r�y/f L �S R� Ez , who proved to me�,on the basis of-satisfactory evidence:to be the person(s); whose' name(s) js/are subscribed to the within mstrument and acknowledged to me 4haT helsy{e/they executed the.same in Fj�(g/t�7(theirautho�ized vHVtus sHiNN capacity(ies), and tliat by.�Is/h�'iZtFiei� signature(s) on the � Commisaion # 1778898 . instrument the person(s),. or the entity upon behalf of -� s_ No1ary Publlc -.Calllornla. .� � � San Diego-Coumy which the person(s) acted, executed the instrument. ] Cqryn:E� �YesNO'v9`2011 . �� f certify under PENALTY OF PERJURY under the laws of the State of Califomia tliat the foregoing paragraph' is true and correct. WITNESS my hand and official s al. Signature Place�NOtary Seal A�ove SignaWre oi Notary,PUblic' � OPTIONAL Though.the�information,belowisnotreqmred.tiylaw,itmayprovevaluatiledopeisonsrelyingon ' and.could prevent fraudulent removal and reattacFiment of this lorm to`another document. Description of Attached Document . Title, orType of Document.` Document Date: �Number oi Pages: �Signer(s) OtherTtThan Named Above: Capacity(ies):Claimed bySigner(s) 5'igner's Name: Signer's.Name;- ' ❑ Individual . ❑ Individual ' � ❑ Corporate Officer:—Title(s); ❑ Corporate Officer -.Title(s): ❑ �Partner —O Limited ❑ Gene�al �� ❑ Partner—�0� Limited ❑ General ❑ Attorneyin Fact • ' ❑ Attorney in Fact • ' ❑ Trustee �T�p oi m�mti ne�e '� Trustee 'TOP�o+�in�mb ne�e ❑ Guardian'or Conservator ❑ Guariiian or Conservator ❑ Other: ❑ Other. Signer Is Representing: Signer ls-Representing: �20WNationalNO�aryASSOCia�ion•9350DeSOtoAVe.,POBOx2402•ChalswoMCA�813 ,I�emp590] ReortlecCallTOl4Free1�-800-8]6-682] CALIFOQiR41A:ALL•PURPOSE AC6(iNOWLEDGR11E6dY State of California � County of San _Diego On //`�� /��before me, Phyllis Shinn, Notary Public � Oate ' � Hereinsert Name and Title o1 the OAicer � personally appeared / /��/�i� ��.ST�G�/v!� 7` Name(s� of Siqner(s) who proved'to me on the basis of satisiactory evidence to be the person(�,whose name(� is/� subscribed to•the within instrument antl acknowledged to me that he/s'�/t�y executed the same in fiis/F��/t,l�rauthorized PNn(18 SHfntN capacity(i�, and that by his/tJp�dtl�i[ signature(�,on tfie Commigilon O 1778898 instrument the person(�,. or the entity .upon behalf of � Notary Pubilc • Coilrormo � Which the person(�j acted,.executed the instrument: Sbn Diego County � � �COmm;B - hwNov9�2011. - . 1 certify under PENALTY OF PERJURY under the laws of the State of California that ttie foregoing paragrapFi"is true and correct WITNESS my han nd official seal Signature �° ' Place No�ary�Seal Above � SignaWre o� Notary Public OPTIONAL Though�lhe�inlormation below isnotrequired by law,: it may prove valuable !o persons relying on the�document and could prevent �iraudulent removal and reattachmenF o/ this lorm to another docuinent. Description of Attached Document Title o��Type of'Document: Document Date: Number ot Pages: Signer(s) OtherThan Named Above: Capacity(ies); Claimed by Signer(s) Signer's Name: Signer's Name: ❑. IncJivitlual ❑ Individual ❑ Gorporate..Otticer—Title(s): ❑ Corporate.Officer—Title(s)`. ❑� ��Partner— �"..Limited ❑ General ❑ Partner — O Limited��. O General ❑ Attorneyin Fact • • ❑ Attorney�in Fact � �' _ ❑ Trustee Top or �nom� nere ��Trustee - ToP�:aitn�mb nere ❑ � Guardian orConservator ❑ Guardian'or Conservator n Other: ❑ Other: Signer Is Representing: SignerJs Repiesenting: �200]NationalNOtaryPSSaciatidn•9350DeSomAve.,P.O.BOx2402•Chatsworfh,CA9fl13-2602•www.Na[ionalNOtary.orc ItemN590] Reortler.CallToll-Free1-800-B1F68D ��(,..��a+'�YWYLLD-. /av �.. � � �� f?'. 1 S ' ��c�",�,i-ica.� �i� � - - �( _. � _... _ . .:�, _ � .� a — -� — -- — - - B ao ' �', f�� :-� a,r�vluol�� ! I � � � -�= 3O � � 'L . 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