Loading...
Encroachment Agreement No. 2010-0407072RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: rA- CITY CLERK lP� CITY OF POWAY P O BOX 789 POWAY, CA 92064 APN: 317 - 520 -01 D 0 C # 201 0-0407072 VIII IIII III VIII IIII II VIII III II IIII IIII II I IIII IIII AUG 09, 2010 1:47 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 31.00 PAGES: 6 (this space for recorder's use) ENCROACHMENT AGREEMENT NO. The CITY OF POWAY (herein called CITY), does hereby grant to Shendl Diamond, owner of 12203 Leona Lane, Poway, CA (herein called PERMITTEE(S)), permission to encroach within the City's Right -of -Way for the purposes of constructing and maintaining a fire truck turnaround. The limits of said encroachment are as shown on Exhibit A, attached hereto and made a part hereof, and described as follows: A rectangular pavement section within the Tenth Street right -of -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; 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; 10-076 Encroachment Agreement No. 12203 Leona Lane Page 2 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 connection 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. Encroachment Agreement No. 12203 Leona Lane Page 3 This agree ent is granted pursuant to action taken by the CITY OF POWAY on the L day of 2010. ACCEPTED: Property Owner(s) 13 endl Diamond (Signatures must be notarized) Approved as to Form: Office of the City Attorney Lisa Foster, City Attorney M:\engsery \Clapp\Agreements \Diamond Encroachment Agreement.docx CITY OF POWAY Ste -e 'Crosby Acting City Engineer CALIFORNIA ALL-PURPOSE ACKNOWLEDGME14T .?.Y,.iL' . OS.'. c> f. ai£ �% SS: iSSi.:> S�: ii/T fS: Tf�,.' 32�.: ia. i> SGaL.; 4NS,'. iY,. �S:.: iS; aSS3CS3> Y: 01,. ��: 4�:> iLS> La' aiSStit.:>i;.:iS;.H:>✓K3.*>uyLKS �SG'.af::T �..aNinr State of California County of San Diego On C112 4 VIP before me, Date persona llyappeared STIL/>/DL PHYLLIS SHINN Commission # 1778898 Notary Public • California Son Diego County IVIVCMM Nov9 2011 Shinn, Notary Public who proved to me on the basis of satisfactory evidence to be the personk whose name is/6X subscribed to the within instrument and acknowledged to me that gyp% /she /tf*, executed the same in'Gs /her /th�lr authorized capacity(iog), and that by *her /tt�ir signature(4on the instrument the person(, or the entity upon behalf of which the person* 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 my han and oo icial seal. Signature Place Notary Seal Above - S,pal,e of Notary 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 "� �Y / Title or Type of Document /: /vGr��Q%GJ� / ?Q� /vy r!j�c� 111 pv i Document Date: /"7 G%9 �i�ST Lr 2010 Number of Pages: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: • Individual D Individual • Corporate Officer— Title(s): D Corporate Officer — Title(s): • Partner — D Limited D General D Partner — ❑ Limited D General • Attorney in Fact _ D Attorney In Fact • Trustee Top of thumb here U Trustee Top of thumb here • Guardian or Conservator D Guardian or Conservator • Other: ❑ Other: Signer Is Representing: I Signer Is Representing C12007National Notary Assotlalion•9369De SOto AVe..PO.B=2402•Chat Md h,CA 913132402•www Natroa!Nolaryorg llem M590T Reorder: Cal; ToWFree 1- 806876.6827 CALIFORNIA • ACK14OWLEDGMENT i9'.SSf-iS;.YSS)f�+.LVaS�:ife �S: OtfiNT i::> f!: �ifau. 0f£'+. f.!+ 3fe HUSii;= if4if,'- iS�: if�> L:) 5:: 1':? iL� :>i.!+�:>;.tia;lf�'+if::>S;.�f: li. >• {,�ii:*Tf..: s >L.�S..:>`.'oa �f4�ia.> State of California County of San Diego On u u Z Z0/0 Date personally appeared before me, Phyllis Shinn, Notary Public Here Insert Name and Title of the Officer ' PHYLLIS SHINN Commla +Ion / 1778898 Notary No Public - Californio San Diego County Comm• Nw9 2011 PlaCe Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person whose name($ is /subscribed to the within instrument and acknowledged to me that her`Y�lt* executed the same in his /Xr /f it authorized capaaty(i�0, and that by his/fPVr /t�1r signature ' on the instrument the person, or the entity upon tehaff of which the person(' 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 rn ha and officiall. Signature ' Signature of Notary 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: 2 Z0��10� Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): — G- _ Number of Pages: Signer's Net ❑ Individual ID Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee Top of thumb here Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02007Nalonal Notary Acsoctatrsh,I) ODe Soto Aw..PO.eox 2402•Chatauorth, CA 011112402•vrvmlNationalMotary.org Ill Reorder: CalITOIf-Free 1- 80PB766821 PROPOSED HAMMERHEAD EXTENSION BY OWNER PER rNSCU551ON WITH KEVIN KITCH, FIRE MARSHAL 9 TENTH STREET APPROX. LOCATION OF (E) LEONA LANE AIN CONTRACTOR I (PRIVATE DRIVE) j, T07VIF _ X —x —x —X. 1f — x lx_�x �X-1 x ------------ PROPOSED LOCATION FOR NEW 2 5TO.RY 6ARA6E AREA OF EXISTING RESIDEW E TO BE REMOVED: I2'b'x2O—'-0--Ks� F- All L-H y EXISTING LEACH FIELD EX15TIN 5EF71r, TANK Z 2 • 0-0