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Encroachment Agreement No. 12-0001 2012-0073530/ RECORDING REQUESTED BY: I CITY OF POWAY I1/ P AND WHEN RECORDED MAIL TO: +� CITY CLERK I CITY OF POWAY P O BOX 789 POWAY, CA 92074 10356 APN: 317 - 190-43 DOC# 2012- 0073530 IIIIIIII III IIIII IIIII IIIII 111111111111111111111111111111111111111 IN FEB 08, 2012 2:58 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg. Jr., COUNTY RECORDER FEES: 31.00 PAGES: 6 (THIS SPACE FOR RECORDER'S USE) ENCROACHMENT AGREEMENT NO. 12-0001 The CITY OF POWAY (herein called CITY), does hereby give permission 'to Pinnacle Realty of California, a California limited liability corporation, owner(s) of 13611, 13631 and 13655 Poway Road, Poway, CA (herein called PERMITTEE(S)), to encroach within the City's Right -of- Way or Easement for the purposes of constructing and maintaining improvements-associated with drainage and storm water treatment. The limits of said encroachment are as shown on Exhibit A, attached hereto and made a part hereof, and described as follows: a. A storm drain pipe that discharges into an existing curb inlet on the south side of Poway road. b. Bioretention planters and appurtenances located within City storm drain easements to the south of the onsite buildings. Said permission is given subject to PERMITTEE, its heirs, successors or 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, 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 agreement 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; Encroachment Agreement No. 12 -0001 Page 2 10357 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; 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; provided, however, if the PERMITTEE is required to remove or relocate the encroachment, they will have the right to reinstall as originally permitted or relocate to a mutually acceptable location; and 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 Encroachment Agreement No. 12 -0001 Page 3 10358 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 is entered into on the(, O day of ---TA- ---- , 2012. Property Owner(s) Pinnacle Realty of California 0 Its: .itia Approved as to Form: Office of the City Attorney Morg L. o , Cit Attorney m: \engsery \clapp \agreements \toyota \era.docx CITY OF POWAY tife-6en R. Crosby, P.E. City Engineer (Signatures must be notarized.) 10359 • - l i - • • .A .,:a�.3,.,�a.',?D a•�..s�i '�.'.�i.,:?> .�.A.1..,c�.,�4g�.,: ,...�.. � .•,�C, �a:;�.� -�.'. :.1Sti . 4,s�..?aa�...�4 ' State of California County of 11/ ) /C7 0 O .S L ztrefore me, IJ ate JJ / Here In ert Name and Title of the Officer personally appeared I G 1f -Z Name(s) of Signer(s) GemKPH 410s S�HtM Conirnission * 1956215 z Z Notary Public - California z Z San Diego County M Comm. Ex Tres Nov 9. 2015 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personkwhose name(q is/ subscribed to the within instrument and acknowledged to me that he /sue' /tl y executed the same in his /fir /tt*.. authorized capacity(il�6), and that by his /hWr]tNf`r signatureW on the instrument the person(0„ 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 seams ^ _ e 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 Title or Type of Document: Document Date: -\'_ -1Wk11 ? Y -� /_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: RIGHTTHUMBPRINT OF SIGNER .. of Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER .p of ©2007 National Notary Association- 9350 De Soto Ave., PO. Box 2402 -Chatsworth, CA 91313 -2402 - www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 -876 -6827 103s0 ail -, .�.;s—.,s�> �5 ---- ---- .�.,s�.,Tg > .� ash; State of California County of L / On LaZ before me, '`GL /S personally appeared PHYLLIS SINN Commission s 1956215 Notary Public - California is My San Diego County Comm. Expires Nov 9, 2015 Place Notary Seal Above L / G_ who proved to me on the basis of satisfactory evidence to be the person(. whose name(o is /�k4 subscribed to the within instrument and acknowledged to me that he /j(e/t)ey executed the same in his /[XT/th)dr authorized capacity(�Q, and that by his /* /t*r 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,bnd official seal'' SignatureX�z 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 9/ Title or Type of Document: -7-7 �jC" Document Date:�l't? f ��� 1 �- Number of Pages: ' f, ,/ Signer(s) Other Than Named Above: f ti/�✓�`�Z f/ ����/�r -��77, Z� 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 .p of Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .p of ©2007 National Notary Association- 9350De Soto Ave.,P.O.Box2402- Chatsworth, CA 91 31 3 -2402- www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6827 Q O D I� D ENCROACHMENT AGPEEMENT EXHIBIT 10361 POWAY ROAD NEW 12" R.C.P. EXISTING �LLLLLLLLI �� • , 0 40 80 160 240 SCALE:1 " =80'