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Encroachment Agreement No. 11-0008 2011-0697379RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074., APN: 323- 481 -16 e t �!w Lik OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg: Jr.: COUNTY RECORDER FEES: 46.00 PAGES: 11 (THIS SPACE FOR RECORDER'S USE) ENCROACHl1i11ENT AGREEMENT NO. 11 -0008 The CITY OF POWAY (herein called CITY), does hereby grant . to Sorrento West Properties Inc., owner(s) of the property located at 14040 Danielson Street, Poway, CA (herein called PERMITTEE(S)), permission to encroach within the City's, right -of -way for the purposes of installing and maintaining a steel fence with access gates. The limits of said encroachment are as shown on Exhibit A, attached hereto and.made a part hereof, and described as follows: 8 -foot tall steel fence and access gates installed across the City's water easement and.drainage easement as shown on 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 ri.ght -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; � t --422- Encroachment Agreement No. 11 -0008 Page 2 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; 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 M Encroachment Agreement No. 11 -0008 Page 3 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. � This agreement isjranted pursuant to action taken by the CITY OF POWAY on the day of �G l /,� , 20�. ACCEPTED: Sorrento West Properties, Inc. By: Joseph E. Maskalenko Its: Vice President CITY OF POWAY teven R. Crosby, P.E. City Engineer See a44-acea Noy- A- ri e-t-r+'f' cA+e- (Signatures must be notarized.) .Approved as.to Form: Office of .the City Attorney IVlorg n L. ey, Cit Attorney M: \engsery \Clapp \Agreements \GA Danielson \General Atomics ERA.docx CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of Sar) D(_tAc) On before me, L:tIihe- kM ri*f_ V *fry, Npfa Date 1j Here Insert Name arfd Title of the Office personally appeared ToGg pal "S k6k 14P rc� Name(s) of Signer(s) who proved -to me on the basis of satisfactory evidence to be the perso*) whose name�s)aUar-& subscribed to the within instrument and acknowledged to me that & /s#e4her executed the same in he4the� authorized capacity(ies), and that by hi %ham signature(s) on the instrument the oLYNNE-MARIE mission 1919792 persons), or the entity upon _behalf of which the . Commission � 199 9792 Notary Public - California person( acted, executed the instrument. San Diego County My Comm. E ices dan 1 2095 1 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: 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney. in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual rof ❑ Partner — ❑ Limited ❑ General here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2010 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 State of California County of /p/ On b - l0 /before me, Date personally appeared 111"MUS Sii M CNIMdulon 0 1955215 • fttwy P+ub0c - Callfonaa z San MOP Coate MY Cantu. f Ofts Now 9.2015 Place Notary Seal Above /Here Insert Blame and Title of the Officer Name(s) of Sinner (s) who proved to me on the basis of satisfactory evidence to be the person( whose name(Xis /( subscribed to the within instrument and acknowledged to me that he /sl 6 /t* executed the same in his /h*J_th authorized capacity(i), and that by his /h/tlj r signature(oon the instrument the person(, or the entity upon behalf of which the person(o 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 aG3Pofficial seal. Signature Signature of Notary Public OPTIONAL if 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 f Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: ��L`hf L� D Capacity(lies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact 111 M ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: i`✓✓' i`✓ 6`✓G\✓i�✓ii`✓� ✓'i`✓G' ✓6\✓i`✓i�✓ % i`✓ 6�✓ 64`✓ G`✓ G`✓ 4`✓ i`✓ G�✓ i`✓ 6`✓ i"✓ G'✓ 6`✓ i`✓ i'✓ i`✓ i�✓`' �G�✓ i` ✓i`✓i' ✓i' ✓G`✓G�✓i�✓i`✓i`✓4�✓i\✓ N ® I ENCROACHMENT ® ® SEE DETAIL "A" ON SHEET 2 LOT 41 MAP 13410 LOT 8 MAP 13410 323 -.481- 03 , ENCROACHMEN T s, `SEE DETAIL "B" �o ON SHEET 3 L� ENCROACH SEE DETAIL "C" ON SHEET 4 SCALE. 1 = 200 0 100 200' 400' 20' DRAINAGE & ACCESS EASEMENT PER MAP,'-13410 LOT 9 LOT- 10 MAP 13410 I MAP 13410 20' WATER LINE EASEMENT PER- DOC. 2000- 0084436 (TYP.) s jr ENCROACHMENT SEE DETAIL "E" ON SHEET 6 EXHIBIT vA v - ENCROACHMEIff REMOVAL AGREEMENT APN 323 - 481 -16 POWAY, CA SCALE. 1 " = 200' FU OE ENGINEERING, INC. JOB NO. 02727 - 001 -01 DRAWN BY: GL 6390 GREENWICH DRIVE, SUITE 170 SAN DIEGO, CA 92122 DATE: 10 -30 -11 CHECKED BY: GL TEL. (858) 554 -1500 FAX (858) 597 -0335 SHEET .1 OF 6 I PUBLIC 20 WIDE 60 -INCH DIA. I DRAINAGE & ACCESS RCP STORM DRAIN EASEMENT PER MAP 13410 PER TR 87 -13 UNI T 2 I 1', TYP. I I � � PL, LOT 8 MAP 13410 323-481-03 1 SCALE. 1 = 10 0 5' 10' 20' LOT 41 MAP 13410 �-8 -FOOT TALL STEEL IPICKET FENCE (TYP.) ENCROACHING INTO EASEMENT I i i i I I20' WIDE PUBLIC DRAINAGE -& ACCESS EASEMENT PER MAP 13410 J CL DETAIL "A A 1', TYP. ®PL LOT 9 MAP 13410 323 - 481 -16 1 EXHIBIT AA ` - ENCROACHMENT REMOVAL AGREEMENT APN 323 - 481 -16 POWAY, CA SCALE. • 1 " = 20' FUSCOE ENGINEERING, INC. JOB NO. 02727 - 001 -01 DRAWN BY: GL 6390 GREENWICH DRIVE, SUITE 170 SAN DIEGO, CA 92122 DATE: 10 -30 -11 CHECKED BY. GL TEL. (858) 554 -1500 FAX (858) 597 -0335 SHEET 2 OF 6 8-FOOT TALL STEEL PICKET FENCE (T1P.) ENCROACHING INTO EASEMENT LOT 8 MAP 13410 323-481-03 ® °R /W® 20' WIDE PUBLIC DRAINAGE &ACCESS 60 -INCH DIA. EASEMENT PER MAP 13410 RCP STORM DRAIN PER TR 87 -13 UNIT 2 � I � MAPS 13410 � I 323 - 481 -16 1 I ._ GCE — J � Q Q Gu SCALE. • 1 = 10 0 5' 10' 20' !mom DmCm O mrm 1� I? -< a° r TYP. o m _R /W® DANIELSON STREET nF7A 11 'IRV 1 EXHIBIT OA - ENCROACHMEW REMOVAL AGREEMENT APN 323 - 481 -16 POWA Y, CA SCALE. 1 " = 20' FU OE ENGINEERING, INC. JOB NO. 02727 - 001 -01 DRAWN BY. GL 6390 GREENWICH DRIVE, SUITE 170 SAN DIEGO, CA 92122 DATE: 10 -30 -11 CHECKED BY. • GL TEL . (858) 554 -1500 FAX (858) 597 -0335 SHEET 3 OF 6 i I 8 -FOOT TALL STEEL PICKET FENCE (TIP.) ENCROACHING INTO EASEMENT LOT 9 MAP 13410 32.3-481-16 GUE 1' TYP. .J I I i 3 F r fTl 4v 8 -INCH DIA. WA TER? MAIN PER 801 -01 -391 8 -FOOT TALL STEEL PICKET FENCE (TYP.), SECURITY GATE AND OPERATING MECHANISM ENCROACHING INTO EASEMENT W - - -GUE D DrLOT1C� O FIRE HYDRANT PER-801-01-391 wZ� ®R /W 12 -INCH DIA. WA TER LA TERAL DANIELSON STREET PER TR 87 -13 UNIT 2 DETAIL 9Cv 0 SCALE: 1 = 10 0 5' 10' 20' EXHIBIT 'A' ® ENCROACHMENT REMOVAL AGREEMENT APN 323 - 481 -16 POWAY, CA SCALE: lot = 201 FUSCOE ENGINEERING, INC. JOB NO. 02727 - 001 -01 BY: GL 6390 GREENWICH DRIVE, SUITE 170 DRAWN SAN DIEGO, EGO, CA 92122 DATE 10 -30 -11 CHECKED BY. • GL TEL. (858) 554 -1500 FAX (858) 597 -0335 SHEET 4 OF 6 8 -FOOT TALL STEEL wA E ' PUBS I R L/N /c PICKET FENCE (TYP.) 20 PER ��CSEtijEN7- ENCROACHING INTO EASEMENT / 00_ I I. 084436 I LOT 10 MAP 13410 4i 323-481-16 -li � It _GUS I 8 -INCH DIA. /WA TER MAIN, PER 801 -01 -391 ® TYP. Rlw DANIELSON STREET I 12 -INCH DIA. WA TER LA TERAL I PER TR 87 -13 UNI T 2 3 SCALE: 1 "= 10 0 5' 10' 20' SCALE: 1 " = 20' DRAWN BY: GL CHECKED BY.• GL DETAIL 'De EXHIBIT "A" — ENCROACHMENT REMOVAL AGREEMENT APN 323 - 481 -16 POWA Y, CA FUC ®E ENGINEERING, INC. JOB N0. 02727 - 001 -01 6390 GREENWICH DRIVE, SUITE 170 SAN DIEGO, CA 92122 DATE: 10 -30 -11 TEL. (858) 554 -1500 FAX (858) 597 -0335 .SHEET 5 OF 6 a DETAIL AE° SCALE: 1 = ZU I- ViC;Vt: 1:NUlNt:f=HlNUj INN JOB NO. 02727 - 001 -01 DRAWN BY: GL 6390 GREENWICH DRIVE, SUITE 170 SAN DIEGO, CA 92122 OA TE :.10 -30 -11 CHECKED BY.• GL TEL. (858) 554 -1500 FAX (858) 597 -0335 SHEET 6 OF 6 8 -INCH DIA. WATER MAIN ,W. E \ \\ \ \ \\ \ PER 801-01=391 8 -FOOT TALL STEEL \ PICKET FENCE (TYP.) �� ENCROACHING INTO EASEMENT \ 8 -FOOT TALL STEEL . \ \\ TER ��G PICKET FENCE (TYP.), PCB SEMEN ;� SECURITY GATE AND �,-- LINE ER J)OC•6 43 m OPERATING MECHANISM ' P 084 ENCROACHING INTO 2000-0 \ EASEMENT \ 3' i GoE LOT 10 MAP 13410 FIRE HYDRANT, 323 - 481 -16 �` PER 801 -01 -91 PIV &FDC PER 801-01-391 .tea Z dool doop CFENCE TO BE LOCATED ' O m 7°® 3 -FEET CLEAR (MIN.) 1 FROM PIV & FDC TYP. �R/W ® DANIELSON STREET DETAIL AE° SCALE: 1 = ZU I- ViC;Vt: 1:NUlNt:f=HlNUj INN JOB NO. 02727 - 001 -01 DRAWN BY: GL 6390 GREENWICH DRIVE, SUITE 170 SAN DIEGO, CA 92122 OA TE :.10 -30 -11 CHECKED BY.• GL TEL. (858) 554 -1500 FAX (858) 597 -0335 SHEET 6 OF 6