Encroachment Agreement No. 10-01 2010-0368649D O C # 2010-0368649
1111111111111111111111111111111111111111111111111111111111111111111 IN
JUL 22, 2010 11:01 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L BUTLER, COUNTY RECORDER
FEES: 28.00
PAGES: 5
.. (THIS SPACE FOR RECORDERS USE)
ENCROACHMENT AGREEMENT NO. 10-01
The CITY OF POWAY (herein called CITY),-does hereby grant to HCP LS POWAY II. LLC
owner(s) of THE PARKWAY SUMMIT DEVELOPMENT (TPM 06 -04), Poway, CA (herein called
PERMITTEE(S)), permission to encroach within the City's Right -of- Wayforthe purposes of PRIVATE
IRRIGATION SLEEVE ALONG WITH PRIVATE ELECTRICAL CONDUIT SLEEVES. The limits of said
encroachment are as shown on Exhibit A, attached hereto and made a part hereof, and described as
follows: A 4" DIAMETER IRRIGATION SLEEVE LOCATED AT STA. 108 +50 GENERAL ATOMICS
WAY ALONG WITH 2 -2" DIAMETER ELECTRICAL CONDUITS LOCATED AT STA. 69 +90 KIRKHAM
WAY.
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 right -of -way and 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 right -of -way and 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 right -
of -way and easement resulting from future operation of the CITY's facilities by CITY within the right -of-
Way and easement;
fo -o59
RECORDING REQUESTED BY
CITY OF POWAY
�JP
AND WHEN RECORDED MAIL TO:
CITY CLERK
\
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
D O C # 2010-0368649
1111111111111111111111111111111111111111111111111111111111111111111 IN
JUL 22, 2010 11:01 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L BUTLER, COUNTY RECORDER
FEES: 28.00
PAGES: 5
.. (THIS SPACE FOR RECORDERS USE)
ENCROACHMENT AGREEMENT NO. 10-01
The CITY OF POWAY (herein called CITY),-does hereby grant to HCP LS POWAY II. LLC
owner(s) of THE PARKWAY SUMMIT DEVELOPMENT (TPM 06 -04), Poway, CA (herein called
PERMITTEE(S)), permission to encroach within the City's Right -of- Wayforthe purposes of PRIVATE
IRRIGATION SLEEVE ALONG WITH PRIVATE ELECTRICAL CONDUIT SLEEVES. The limits of said
encroachment are as shown on Exhibit A, attached hereto and made a part hereof, and described as
follows: A 4" DIAMETER IRRIGATION SLEEVE LOCATED AT STA. 108 +50 GENERAL ATOMICS
WAY ALONG WITH 2 -2" DIAMETER ELECTRICAL CONDUITS LOCATED AT STA. 69 +90 KIRKHAM
WAY.
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 right -of -way and 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 right -of -way and 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 right -
of -way and easement resulting from future operation of the CITY's facilities by CITY within the right -of-
Way and easement;
fo -o59
4. 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;
5. Only those utilities or improvements described above are permitted along or across the
right -of -way and 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 right -of -way and easement are 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 right -of -way and 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 right -of -way and 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 right -of -way and 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 right -of -way and easement or the construction and
maintenance of facilities thereon,
10. CITY is to be without cost or expense of any kind in comection with this agreement;
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 successors 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;
13. PERMITTEE, its heirs, successors or assigns, shall take out and maintain, during the time
the aforementioned encroachment remains on CITY's right -of -way and easement, sufficient Liability
Insurance covering all bodily and property damage arising out of this permit (at least $1,000,000 for
personal injury and $250,000 for property damage). This policy shall name CITY and its officers,
agents and employees as additional insured, and shall constitute primary insurance as to CITY and its
officers, agents and employees, so that any other policies held by CITY shall not contribute to any loss
under said insurance. The policy shall provide for thirty (30) days prior written notice to CITY of
cancellation or material change.
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This agreement is granted pursuant to action taken by the CITY OF POWAY on the �_
day of , 2010.
ACCEPTED:
HCP LS POWAY II, LLC
By: ml"5�7
StN /�R • /cp/ �/J Li Il C}�/
In
CITY OF POWAY
nk Casteleneto
City Engineer
(Signatures must be notarized. Notary form attached.)
Approved as to Form:
Office of the City Attorney
(J:�� C'_a 30&�
Lisa Foster, City Attorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
:aF:v>c•. i,.sx,aS,.. a5, e:>: atS .�v!as!sis[aa!aS�.G>'C..>vai,..
State of California
County of �SQ in f eOtt) rr7 y j
On b before me, 1 V1>° �2$(A s(tl,(� Name an,
ate Hera Insert Name en title 1 iha OMice
personally appeared �fh M. BLYO �P,i l
THERESA SCARLETT
Conpldttlal /1845158
lbtuy Pow - Cd%MIt
Bun MOP county
Caren. Et t Apr 4, 2815
who proved to me on the basis of satisfactory evidence to
be the personXwhose nand is* subscribed to the
within instrument and acKnowledged to me that
he /s6 /tF� executed the same in his/h�F /ter authorized
capacity(i ,and that by his/hfet/th�fr signatureo on the
instrument the person' or the entity upon behalf of
which the personas) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS �m myy/� hand
/1and /official seal..
Place Notary Seel Above Signature / ►�.dL— �tiLS3A �
y —L signature of No y PublIc
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons 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:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): —
C] Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
7111GHTTHU
Number of Pages:
Signer's Nat
❑ Individual
• Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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