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Encroachment Agreement No. 11-02 2011-0218998 r , DOC if 201 1 -021 8998 111111111111 111111111111111111111111111111111111111111111111111111 11 RECORDING REQUESTED BY: APR 27, 2011 12 :42 PM CITY OF POWAY OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE 4 AND WHEN RECORDED MAIL TO: Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 28.00 CITY CLERK PAGES: 5 CITY OF OBO POWAY 89 1111111111111111111111111111111111! 11111111111111111111111111111111111111111111111 POWAY, CA 92074 (THIS SPACE FOR RECORDER'S USE) fi fij APN: 340 -370 -36 ENCROACHMENT AGREEMENT NO. 11 -02 The CITY OF POWAY (herein called CITY), does hereby grant to the Roman Catholic Bishop of San Diego, a Corporation Sole, owner(s) of 15410 Pomerado Road, Poway, CA (herein called PERMITTEE(S)), permission to encroach within the City's Right -of -Way for the purposes of maintaining private storm drain facilities. The limits of said encroachment are as shown on Exhibit A, attached hereto and made a part hereof, and described as follows: 18" and 30" storm drain pipe, storm drain catch basin, and storm drain cleanout. 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; 11 0®fo v R ' Encroachment Agreement No. 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 tight-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 PERM1TTEE, 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, induding 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. r Encroachment Agreement No. Page 3 This agreement is granted pursuant to action taken by the CITY OF POWAY on the day of F.-i , 2010. ACCEPTED: Roman Catholic Bishop of San Diego, a Corporation Sole B y : * . Q���?.� -� ! . C.L��= e►...r M Smartt w cc,4u..4µAO Its: VicAl2. -Z4C.. (Signatures must be notarized.) CITY OF POWAY Approved as to Content: Leven R. Crosby, P.E. City Engineer Approved as to Form: Office of the City Attorney t,4 do Lis = os - , ity Att • ey M: \engserv\Clapp\Agreements \St Michaels \St Michaels EMRA.docx o CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On February 8, 2011 before me, Donna L. Daly , Notary Public in and for said State, personally appeared Msgr. Steven F. Callahan, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /afe subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her-Itheic authorized capacity(ies), and that by hiss signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 hand and official seal. /015441A- /. Signature of Notary Publi *lilt . k , Commission N 1901645 ;. • 1 Notary Public • California z: :/_ San Napo County Mi Ei County iii _ Notary Public Seal St. Michael Parish Poway, Encroachment Agreement No. I , f + EXHIBIT "A" ST. MICHAELS CHURCH MULTI —USE FACIUTY 1 `i ( I1 Q I I 0 1 Ct 2 0 1 >- W Q 3 \) in Cr i x c W 0 Z I M N a. SEE CITY OF POWAY DRAWIN 3 x N UMBER 01636 -09 FOR SITE o W GRADING IMPROVEMEN 15. I ( I N I X W I , c i j 1 O 151 +00± ® i' » �,�� _� E _ EXI 30 � RCP SD PIPE 7 i ____== 01 .. .___ I 1 A.P.N. 314- 370 -36 1 I 1"=20' 1 I PROPERTY LINE A ■ UST OF PRIVATE ENCROACHMENTS 0 PRIVATE 30" RCP STORM DRAIN PIPE CI PRIVATE STORM DRAIN CLEANOUT PER RSD "D -9" O PRIVATE 18" PVC STORM DRAIN PIPE ® PRIVATE TYPE "F" CATCH BASIN PER RSD "D -7" 2 -07 -11