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