Encroachment Agreement No. 10-0005 2011-0287656RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK g
CITY OF POWAY
P O BOX 789 X0 1
POWAY, CA 92074 l fto
G\;Li
D O C # 201 1 - 0287656
IIIIIIII
1111111111111111111111111111 HE 111111111111111111111111 IN
JUN 06, 2011 1:01 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 31.00
PAGES: 6
111111 Illll IIIII IIIII IIIII IIIII IIIII IINI IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT NO. 10 -0005
The CITY OF POWAY (herein called CITY), does hereby grant to PBE Property
Investments, LLC, a California limited liability company, owner of 14251 Garden Road, Poway, CA
(herein called PERMITTEE(S)), permission to encroach within the City's Right -of -Way for the
purposes of installing a CMU block trash enclosure.
The limits of said encroachment are as shown on Exhibit A, attached hereto and made a
part hereof, and described as follows: a CMU block trash enclosure adjacent to an existing
building.
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;
■
rC) -103
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;
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. 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.
G �' 3 This agreement is granted pursuant to action taken by the CITY OF POWAY on the
_ day of l',., , 2010.
ACCEPTED:
Property Owner: PBE Property investments, LLC
CITY OF POWAY
rcasa� (ember We R. Crosby, P.E.
Acting City Engineer
(Signatures must be notarized)
Approved as to Form:
Office of the City Attorney
Lisa Foster, City Attorney
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CALIFORNIA ALL-1
State of California
County of San Diego
On �0M Afd f 3, 2�� fore me, Phyllis Shinn, Notary Public
Date Here Insert Name and Idle of %q '
personally appeared _ j K SA S,yQ
rvame(s) of signers)
who proved to me on the basis of satisfactory evidence to
be the personO whose nameW is/4*subscribed to the
within instrument and acknowledged to me that
he /*e/t*.y executed the same in his/f /th* authorized
capacity(04), and that b his/tWr/t signature( on the
instrument the person(, or the entity upon behalf of
PHYLLIS SHINN which the person% acted, executed the instrument.
Com u P iAenit
Notary Public I certi under PENALTY OF PERJURY under the laws
c • California a� Y
Son Diego County of the State of California that the foregoing paragraph is
Coma► Nag SOtt true and correct.
WITNESS my han nd official seal.
Place Notary Seal Above 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 D co ument
Title or Type of Document: /vGf�D ��Z'`GI ,f�`f " /vr% /� ° A�QQ✓�
Document Date 0 / y Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
❑ Individual
❑ Individual
• Corporate Officer - Title(s):
❑ Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
❑ Partner — ❑ Limited p General
• Attorney in Fact
❑ Attorney in Fact
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• Trustee
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❑ Trustee
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EJ Guardian or Conservator
❑ Guardian or Conservator
❑ Other:
❑ Other:
Signer Is Representing:
Signer Is Representing:
02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313 -2402• www.NetionalNatary org dem #5907 Reorder: Call Toll Free 1.800-876,6827
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
O C3, Z ,0 / Obefore me, Phyllis Shinn, Notary Public
Date kNere Insert Name and Title of fhe Officer '
personally appeared ��//� /� K D S/ y
Name(s) of Signers)
PHnLl$ SHINN
Commiulon #F 1778590
Notary Public " California San Ctew County
wCOmmirf s W9 11 r
who proved to me on the basis of satisfactory evidence to
be the person f whose nameM is/ subscribed to the
within instrum nt and acknowledged to me that
heexecuted the same in his/h*Al authorized
capacity(iAl, and that by his /h)Oh*rr signature( on 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 hand rd official seat.
Place Notary Seal Above 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: L /
Document Date: ��62�% 3 (� l f Number of Pages:
Signer(s) Other Than Named Above: HO
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
❑ Individual
❑ Individual
❑ Corporate Officer — Title(s):
❑ Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
❑ Partner — ❑ Limited ❑ General
• Attorney in Fact
❑ Attorney in Fact
• Trustee
Top of thumb here
11 Trustee
Top of thumb here
E3 Guardian or Conservator
❑ Guardian or Conservator
❑ Other:
❑ Other:
Signer Is Representing:
Signer is Representing:
02007 National Notary Association + g35o De Soto Ave., P.O. Box 2402 • Chatsworth, CA 913 3 2402• www.National640fary org item #5907 Reorder: Call Toll -Free 1.800 876 -6827
EXHIBIT "All
Garden Road