Encroachment Agreement No. 11-0005 2011-0459087RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:.
DOC# 2011-0459067
II Illltl II III IIYI VIII II III VIII II III IIII I VIII IIII I IINI YI III
SEP 06, 2011 9:54 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 31.00
PAGES: 6
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CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
(THIS SPACE FOR RECORDER'S USE)
APN: 321- 220-09
ENCROACHMENT AGREEMENT NO. 11-0006
The CITY OF POWAY (herein called CITY) does hereby agree to allow New Pointe
Investment 6, LLC, owner of 14874 Golden Sunset Court, Poway, CA (herein called PERMITTEE),
permission to encroach within the City's right -of -way for the purposes of maintaining a pervious
asphalt driveway and a keystone retaining wall.
The limits of said encroachment are as shown on Exhibit A, attached hereto and made a
part hereof, and described as follows: a 16- foot -wide pervious pavement section and a retaining
wall as shown on the exhibit.
Eaid' 1, permission is given subject to PERMITTEE, its heirs, successors or I assigns, by
accepting the same, agreeing to the following conditions:
1. The consent given 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, after, 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 agreement is made for the direct benefit of PERMITI'EE'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;
l 1 -bg8'
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 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 $280,000 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.
O
This agreement is entered into on the `L�i�-' day of 5T , 2011.
Encroachment Agreement No.
Page 3
ACCEPTED:
Property Owner:
New Pointe Investment 6, LLC
By:
L ( "�) lsco►r C. SflNo57
Its: M Ar✓A 6ep or TI-16
(Signature must be notarized.)
City of Poway:
Steven R. Crosby, RE
City Engineer
Approved as to Form:
Office of the City Attorney
Morg L. F .ley, I y Atto ey
M: \engserv\Clapp\Agreements \Golden Sunset ERA .docx
CALIF • ACKNO WLEDGMENT
State of California
County of �iy 147 v
On AdW67 - Zy, Zd // before me, � GGtS .� >�/�/� ��/TA y �GtQ� I c ,
Date Here Insert Name and Title of the Officer
personally appeared o e
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 /s )(e/tW executed the same in hisi'f)Whewauthorized
capacity(ikt), and that by his/f r/tt*r signature(;- on the
PHYLLIS SHINN instrument the person(, or the entity upon behalf of
Commission # 177"" which the person( acted, executed the instrument.
y Notary Public - Calitomio
San DI *V`oun 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 se
Signature Z
Place Notary Seal Above Signatur �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
Title or Type of Document:
Document Date: // yr ikl57z 3, z all r 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 ❑ General _
• Attorney in Fact • ❑ Attorney in Fact • • ••
❑ Trustee 7Topof thumb here EJ Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
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CALIF • ACKNO WLEDGMENT
State of California
County of _. ) dle
On Aff4 57"�� ZUl/
Date
personally appeared
PHYLLiS SHINN
Commission # 1778898
• Notary Public - California
San Diego County
►Camm.e OMNov9.2011
before me,
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who proved to me on the basis of satisfactory evidence to
be the person% whose name(. is/a)k- subscribed to the
within instrument and acknowledged to me that
he/ /tf* executed the same in his/f14rCt* a thorized
Py6rlt
capacity(i4A and that by his/h* 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 official seal.
Signature _4�7-'
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 Z D�
Title or Type of Document::
Document Date:
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
Number of Pages:
Signer's Name:
❑ Individual
RIGHTTHUMBPRINT
OF SIGNER
.• .
❑ Corporate Officer — Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
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EXHIBIT "A"