Encroachment Agreement No. 09-001 2010-0407077RECORDING REQUESTED BY:
CITY OF POWAY
APN: 314 - 651 -05, 10 and 16 -19
D o C ## 201 0 - 0407077
II I I 11111111111111111111111111111111111111111111111111 IN IN
AUG 09, 2010 1:49 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 4100
PAGES: 10
IIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT NO. 09 -001
£I?!R 13TptamyxT�}58f�i A}�rcHIB�x
The CITY OF POWAY (herein called CITY), does hereby grant to Roman Catholic Diocese
of San Diego owner of 13734 Twin Peaks Road, Poway, CA (herein called PERMITTEE),
permission to encroach within the City's Right -of -Way for the purposes of site improvements
associated with expansion of existing facilities.
The limits of said encroachment are as shown on Exhibits A, B, C, D, and E attached
hereto and made a part hereof, and described as follows: irrigation line crossing at Budwin Lane,
concrete curbs, fill slope, and sidewalk underdrains.
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;
10-0-77
AND WHEN RECORDED MAIL TO:
I
. CITY CLERK
IOI
CITY OF POWAY
P O BOX 789
1 C�
POWAY, CA 92074
APN: 314 - 651 -05, 10 and 16 -19
D o C ## 201 0 - 0407077
II I I 11111111111111111111111111111111111111111111111111 IN IN
AUG 09, 2010 1:49 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 4100
PAGES: 10
IIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT NO. 09 -001
£I?!R 13TptamyxT�}58f�i A}�rcHIB�x
The CITY OF POWAY (herein called CITY), does hereby grant to Roman Catholic Diocese
of San Diego owner of 13734 Twin Peaks Road, Poway, CA (herein called PERMITTEE),
permission to encroach within the City's Right -of -Way for the purposes of site improvements
associated with expansion of existing facilities.
The limits of said encroachment are as shown on Exhibits A, B, C, D, and E attached
hereto and made a part hereof, and described as follows: irrigation line crossing at Budwin Lane,
concrete curbs, fill slope, and sidewalk underdrains.
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;
10-0-77
Encroachment Agreement No.
Page 2
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. PERMITTEE shall coordinate with
UNDERGROUND SERVICE ALERT, SOUTHERN CALIFORNIA (aka, DIGALERT) to inform the
agency of all utilities installed within the public right -of -way. PERMITTEE, its heirs, successors or
assigns shall be responsible for providing mark -out service coordination as required by members of
DIGALERT;
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;
Encroachment Agreement No.
Page 3
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. PERMIT-FEE, 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.
This agreement is granted pursuant to action taken by the CITY OF POWAY on the
C day of 2010.
ACCEPTED
Property Owner: Roman Catholic Diocese CITY OF POWAY
of San Diego
By: /�ei//I �; �i ( GiyrGL� 2 �.
Rev. Michael Froidurot
Steve Crosby. Acting City Engineer
(Signatures must be notarized.)
Approved as to Form:
Office of the City Attorney
Lisa Foster, City Attorney
M: \engsew \Clay O \St Gabriels \encroachment agreement 2.09.docx
1 a',I is ,' iAl aS w> �> T..q.,, �i.�i: ?4v ,.aa5: ar:.�au!tiu�ie�r,.aNaa en5:' 2irvaa��t n a �4=i e. cairn mi n
State of California 1
County of San Diego J}
On fE&MMlld, 21910 before me, Phyllis Shinn, Notary Public
Date _ _ l Here Insert Name and Title of the Officer
personally appeared
PHYLLIS SNINN
Commission Ji 1770000
iQ Notary PuDOe • California
Son ofago County
COMM lbe•NOV91011
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person) whose name is /a)ze subscribed to the
within instrument and acknowledged to me that
he /41je/t�ky executed the same in his/f*ttiir authorized
capacity(*), and that by his /fl* /#19 r signaturekon 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 official sea.
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
Title or Type of Document: L/1p�Cp�1✓ /r_�`/ya /fro/ y /(�KGG /� /GN/ /''r1'• �7'�OD�
Document Date: i r✓. q 1yli'V g19 n / Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer— Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRWL
OF SIGNER
Signer's Nai
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
®2007 National Notary Association •9350 Be Soto Ave., PO. Box 2402 • Chalayeorth, CA 913132402• w Nationalrlotary.org Item #5X7 Reorder: Call Toll -Free 1- 800,816 -682]
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
�4'oavavai
State of California
County of San Diego
( q
On - \/btL /,Z , Z )/0 before me, Phyllis Shinn, Notary Public
Data �.. -1 Here Insert Name and Tille of the Officer '
personally appeared
PHYLLIS SHINN
Commission ill 1778898
Notary Public - California
San Diego County
II&Comm.EmilesNOV9.2011
rI
who proved to me on the basis of satisfactory evidence to
be the person(A whose name(N) is/a)4-subscribed to the
within instrument and acknowledged to me that
helpee /tWi executed the same in his /* /t }>k authorized
capacity(, and that by his JP�rRyYeir_signaturewon 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 nd official seal.
Signature
Place Notary Seal Above 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 Date:
Signer(s) Other Than Named Above:
79K111#14,IX �/,
lb Zoio
Capacity(lies) Claimed by Signer(s)
of Pages:
' Signer's Name:-
Signer's Name:
❑ Individuals
❑ Individual
❑ Corporate,Officer- ,Title(s):
71 Corporate Officer — Tiile(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:
®200] National Notary Associalien•9350 De Soto Aya.P.O. BOx 2402- Ch1tswodh.CA 91313- 2n02 -www NationaPAsaryorg Item 45907 Reorder: Cali TOIL Free 1- 8008]66827
r
E
H
H
x
x
w
I
�m
5
SLEEVE
'm�' Y GONTROL�tNIRE
SLEEVE CIN_
MAINLINE
/SLEEVE CITYP)
H _ _ n
IN
� Ilz
J
CO
�sl II
151NG � �
LATER O
MAIN
(, -rP)-
I
i
Ri l
PKWY
2" IRRIGATION
MAINLINE CROSSING
• Ii I i IN 4" SLEEVE
I I I I II
l W (I i I Mlt
it III ',I��1
0 10' 20'
North Scale 1 =20'
MAINLINE SHOWN
OUTSIDE OF
LANDSCAPEFOR
GRAPHIC CLARITY
ONLY. LOCATE
MAINLINE IN
LANDSCAPE AREA 1
FROM BACK OF
SIDEWALK
0
Ei
_t
S Z:r— - U
- J O
-E= = 0 N
a T
� C � ;17 wx.Ir= �UHa
DO
��..� a
Twin Peaks Road
- .. --" _�`- \ / L BALE: 1/19H0
DRAM BY. JN
JOB Nu O 00097
Key Map REVISIONS.
Not To Scale
Project Data
-DR 08-08
-VAR 08-12
-TPM 16305
-L 09 -16
Qw
PAY
^ E"Q
i
V
SITE
PEAS
W
m
o
a
E
Q
0
Vicinity Map
ul aC
t m m m
N^'
Not To Scale
w E T X
Q w
-
I
r1L
2
0
Ei
_t
S Z:r— - U
- J O
-E= = 0 N
a T
� C � ;17 wx.Ir= �UHa
DO
��..� a
Twin Peaks Road
- .. --" _�`- \ / L BALE: 1/19H0
DRAM BY. JN
JOB Nu O 00097
Key Map REVISIONS.
Not To Scale
Project Data
-DR 08-08
-VAR 08-12
-TPM 16305
-L 09 -16
F
H
H
x
w
W
allJ_
d
( PO AYD
SITE m °'
o U),
Qom_
r�i PEAKS,Q z ¢ -
O
m
0
m m
m >
E
p / \ c m
Vicinity Map : a`, n
' v Not To Scale w t X
Q W
_ U
C _ ( W
1'
nl ��
—
_� = i U
ERA-_
a_re_a_
tt
� D a m
;w !Ll U a
D'
co
Twin Peaks Road
DAM 1/19/10
0RAL BY' JN
In
j
u _EXISTING - - - --
PARKING —�
_LOT
PKWY
-I6 -6"
34' -6"
PROPOSED 6"
CONCRETE MOW
CURB
0 10' zo' Project Data
-DR 08-08
-VAR 08 -12
-
PL North TPM 16305 -- scale =zo' -L 09 -16
Kev Map
JO9 NUNIR00 ®097
REVISIONS
Not To Scale
0 10' zo' Project Data
-DR 08-08
-VAR 08 -12
-
PL North TPM 16305 -- scale =zo' -L 09 -16
0
N
II
w
J
U '
14 I
TOE OF FILL
SLOPE
3.5'
EXHIBIT'C'
ENCROACHMENT REMOVAL AGREEMENT
W
Z
�II PROPOSED
f FILL SLOPE
�I
�I
_SEXIST SK
co
Y�
I�
II
Z
� CO
I
I
EXISTING FIRE
HYDRANT �
Ln
RIGHT OF
ERA AREA
SEE PLAN
® LEFT
TWIN PEAKS RD '
KEY MAP
SCALE: 1 " =400'
W0823
EXHIBIT 'D'
ENCROACHMENT REMOVAL AGREEMENT
I
I
I
o I
i �
ERA AREA
SEE PLAN
ii
I
® LEFT
V)
W
z
II
J I
TWIN PEAKS RD
dSV
�
I
I
KEY MAP
III
I
,EXIST SIDEWA
I
SCALE: 1 " =400'
I� I
SIDEWAL
_PROPOSED
UNDERDRAIN PER
I
SDRSD D -25
RIGHT -OF -WAY
I
61'
z
I
II o I
Z)
II
I m
EXISTING
STREET -\�
LIGHT
I I
I
W0823
EXHIBIT'E'
ENCROACHMENT REMOVAL AGREEMENT
I
o
w
a
U
V) RIGHT -OF -WAY
LIMIT
PROPOSED
MONUMENT
0
4'
w
z
Q
Z
O
m
SEXIST.
- SIDEWALK
\� 52
PROPOSED CONCRETE
6" MOW CURB
TWIN PEAKS ROAD
-FAA
I
ERA AREA
SEE PLAN
® LEFT
TWIN PEAKS RD
KEY MAP
SCALE: 1 " =400'
I W0823