Encroachment Agreement No. 11-02 2011-0327698! CORDED'
RECORDING REQUESTED BY: )
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
DOC p 20110327698
1111111111111111111111111111111111 1111 IN
JUN 28, 2011 12:56 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 34.00
PAGES: 7
POWAY CA 92 Illlllllllllllllllllllllllllllllllllllllilllllllllllllllllllllllllllllllllllllllllll
(This space for Recorder's Use Only)
This document affects Recorded Document No. 2011 - 0218998
Re- Record
ENCROACHMENT AGREEMENT NO. 11 -02
NO DOCUMENTARY TRANSFER TAX DUE
This document is being re- recorded to correct an error in Document No. 2011 - 0218998
recorded April 27, 2011, of official records.
Document No. 2011- 0218998 was recorded with an incorrect APN No. The correct
APN No. should be 314- 370 -36.
I, Linda A. Troyan, MMC, City Clerk, declare under penalty of perjury under the laws of
the State of California that I am familiar with the facts stated in the foregoing
Encroachment Agreement executed for and on its behalf, and that I have read the
foregoing Encroachment Agreement and know the contents thereof to be true and
correct.
Date: June 28, 2011
da . �Troyan, MMC, City Clerk
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RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
DO ' 2011 -0218998
IIIIIIII III ulNllul uYl III II I II I II III VIII VIII VIII IIV IIII
APR 27, 2011 1212 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 28.00
PAGES: 5
(THIS SPACE FOR RECORDER'S USE)
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 alhd 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 ar 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;
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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 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 We 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 ouf 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:
t
Encroachment Agreement No. '
Page 3
This agreemen is granted pursuant to action taken by the CITY OF POWAY on the
._ day of _... t4 .2010.
ACCEPTED:
Roman Catholic Bishop of San Diego, a Corporation Sole
By:
M - - VftQ GA U-A1#A
its: VIC,,Ot— qdMA 1?MLU
(Signatures must be notarized.)
CITY OF POWAY
Approved as to Content:
'e�e
teven R. Crosby, P.E.
City Engineer
Approved as to Form:
Office of the City Attorney
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CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On February 8, 2011 before me, Donna L. Dal- , Notary Public in and for said
State, personally appeared I Msgr. Steven F. Callahan who proved to me on the basis of
satisfactory evidence to be the persono) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /sheAhey executed the same in his/heMheif
authorized capacity(ies), and that by his /heMheir- signature(s) on the instrument the person(s), 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 and official seal.
Signature of Notary Public /r
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Commission # 1901645
Notary Public California
8m Diego County
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Notary Public Seal
St. Michael Parish Poway, Encroachment Agreement No.
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SEE CITY OF POWAY DR
NUMBER G1636 --09 F
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EXI 30 "0 RCP SD PIPE
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A.P.N. 314- 370 -36 1
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PERTY LINE 4
LIST OF PRIVATE ENCROACHMEti.M
0 PRIVATE 30" RCP STORM DRAIN PIPE
O PRIVATE STORM DRAIN CLEANOUT PER RSD "D -9"
O PRIVATE 18" PVC STORM DRAIN PIPE
(D PRIVATE TYPE "F" CATCH BASIN PER RSD "D -7"
2 -07 -11
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ST. MICHAELS CHURCH M
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FACILITY
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A.P.N. 314- 370 -36 1
1 " =20'
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PERTY LINE 4
LIST OF PRIVATE ENCROACHMEti.M
0 PRIVATE 30" RCP STORM DRAIN PIPE
O PRIVATE STORM DRAIN CLEANOUT PER RSD "D -9"
O PRIVATE 18" PVC STORM DRAIN PIPE
(D PRIVATE TYPE "F" CATCH BASIN PER RSD "D -7"
2 -07 -11
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CERTIFICATION PURSUANT TO GOVERNMENT CODE SECTION 27361.7
Place of Execution
certify under penalty of perjury that this material is a true copy of the
original material contained in this document.
o
Date Signature of Declarant
Type or Print Name
�aG
4/94
Recorder Form #R9