Encroachment Agreement No. 11-0006 2011-0389716�E
t-
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
p P O BOX 789
5 1 POWAY, CA 92074
DO ## 2011- 0389716
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AUG 01, 2011 1:12 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 28.00
PAGES: 5
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APN: 317- 021 -23
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT NO. 11 -0006
The CITY OF POWAY (herein called CITY), does hereby grant to PK Smart Center Inc., a
California Corporation, owner(s) of 12310 9t Street, Poway, CA (herein called PERMITTEE(S)),
permission to encroach within the City's right -of -way for the purposes of maintaining a retaining
wall, call box, and backflowpreventer,
The limits of said encroachment are as shown on Exhibit A, attached hereto and made a
part hereof, and described as follows: a 75- foot -long retaining wall, a call box (including
communication and electrical connections), and a private backflow preventer as depicted in the
exhibit.
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 Agreement will be required;
Encroachment Agreement No. 11 -0006
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. 11 -0006
Page 3
This agreement is granted pursuant to action taken by the CITY OF POWAY on the
a; day of _ Tyl , 2011.
ACCEPTED:
Owner: PK Smart Center Inc., a California Corporation
Its: A 1, d
(Signatures must be notarized.)
City of Poway:
tev . Crosby, RE
City Engineer
Approved as to Form:
Office of the City Attorney
6�� 44�
Mor an L. ole , it ttorney
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of g /e y
On LPL Z ZJ 0 C before me, 74 ,Yl s � i�//1/, / PO7 ,fur -S t -/L ,
ate f t Here Insertlame and Title of the Officer
personally appeared
PHYLLIS SHINN
Commission # 1778393
Notary Public - California
San Diego County
Carrn>.1:1 irusNav9 2011
/A/ /�_
who proved to me on the basis of satisfactory evidence to
be the person* whose name( is/a*subscribed to the
within instrument and acknowledged to me that
he/*e /t *y executed the same in his/*/th* authorized
capacity(*W, and that by his*r/tlj& signature( on the
instrument the pierson& 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 a official seal.
Signature /44 - '9'.'
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: It E 6Z7"e 1 - 7 —
Document Date: Wit/ Z �� 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:
RIGHT THUMBPRINT
OF SIGNER
o f thumb here
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
LC
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EXHIBIT'A'
ENCROACHMENT REMOVAL AGREEMENT
APN 317- 210 -23
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APIN 517-2
PUBLIC HIGHWAY ESM'T
TO COUNTY OF SAN DIEGO
f PER F/N 85- 154589
CALL BOX
BACKFLOW
DRIVEWAY PREVENTER -�
ENTRANCE
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75' LONG RETAINING
WALL TO REMAIN WITHIN'
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