Encroachment Agreement No. 12-0002 2012-0180326RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
D O C # 2012- 0180326
11 111111 11 111111111111111111111111111111111 111 111111111111111 II II
MAR 28, 2012 10:53 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES 3700
PAGES: 8
(THIS SPACE FOR RECORDER's USE)
APN: 314 - 220 -69 & 314 - 220 -70
ENCROACHMENT AGREEMENT NO. 12 -0002
The CITY OF POWAY (herein called CITY) does hereby agree to allow the Poway Housing
Authority, owner of Parcel 1 and Parcel 2 of Parcel Map 19198, Poway, CA (herein called
PERMITTEE), permission to encroach within the City's right -of -way and /or City utility easements
for the purposes of maintaining non - conventional pavement, private storm drain facilities, and
water quality treatment units.
The limits of said encroachment are as
part hereof, and described as follows: unit
concrete pavement, private storm drain facilities,
exhibit.
Ihown on Exhibit A, attached hereto and made a
pavers, permeable pavers, exposed aggregate
and water quality treatment units as shown on the
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;
CITY CLERK
(
CITY OF POWAY
P O BOX 789
4 (�
POWAY, CA 92074
D O C # 2012- 0180326
11 111111 11 111111111111111111111111111111111 111 111111111111111 II II
MAR 28, 2012 10:53 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES 3700
PAGES: 8
(THIS SPACE FOR RECORDER's USE)
APN: 314 - 220 -69 & 314 - 220 -70
ENCROACHMENT AGREEMENT NO. 12 -0002
The CITY OF POWAY (herein called CITY) does hereby agree to allow the Poway Housing
Authority, owner of Parcel 1 and Parcel 2 of Parcel Map 19198, Poway, CA (herein called
PERMITTEE), permission to encroach within the City's right -of -way and /or City utility easements
for the purposes of maintaining non - conventional pavement, private storm drain facilities, and
water quality treatment units.
The limits of said encroachment are as
part hereof, and described as follows: unit
concrete pavement, private storm drain facilities,
exhibit.
Ihown on Exhibit A, attached hereto and made a
pavers, permeable pavers, exposed aggregate
and water quality treatment units as shown on the
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 -0002
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 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;
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
Encroachment Agreement No. 12 -0002
Page 3
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 20'A day of t �/ , (Lb CP, , 2012.
ACCEPTED:
City of Poway:
Steven R. Crosby, RE
City Engineer
(Signatures must be notarized.)
Approved as to Form:
Office of the City Attorney
aO. /Ia
..� .
MAengsew\Melody\Brighton HousinglBnghton ERA doex
Property Owner:
Poway Housing Authority
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On March 20, 2012 before me, Carol S. Legg, Notary Public, personally appeared Penny
Riley, who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that she executed the same in
her authorized capacity, and that by her 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 and official seal.
CAROL S. LEGG
Commission • 1934186
Notary Public - California
San Diego County
Comm. Ea as r 28.2015
J
10'
Carol S. Legg, Notary Public
OPTIONAL
Title or type of document Encroachment Agreement No. 12 -0002, APN 314 - 220 -69
and 314 - 220 -70
Document Date March 20, 2012
Number of Pages 3 pages plus Exhibit "A"
Signers Other Than Named Above Morgan Foley, City Attorney and Steven R. Crosby, City
Engineer
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
County of S � ��/ E7 C) J} /
On )ll�r1�CN �� 7x� 1 Z
before me,
Dale _ Here Insert ameme and Tine
personally appeared •J7c l/c
PllYlll6 6NNIN
Carnation f 1956215 who proved to me on the basis of satisfactory evidence to
Notary Polk - Cnlilaaa be the person(K whose name(K is/.,�O, subscribed to the
San D"DCo within instrument and acknowledged to me that
Canm.Eo insNOr9.2015+ heI executed the same in his/t* /tWrr authorized
capaciI and that by his/f*r /t1Wr signature()Q on the
i nstrument the person, or the entity upon behalf of
SN6Ni which the person(Kacted, executed the instrument.
7Diep 0s an Ion 1 1966215
M ' o^�n
I certify under PENALTY OF PERJURY under the laws
NY courtly Caren. Etrss Nov 9.2015 of the State of California that the foregoing paragraph is
true and correct.
Place Notary Seal Above
WITNESS my han, nd official seal. ^
Signature
Signature of Notary Pubhc
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 Docun
Title or Type of Document: C4
Document Date:
Signer(s) Other Than Named Above
Ila, /Z- a,6l
Number of Pages:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
Corporate Officer — Title(s): _
❑ Partner — ❑ Limited I_ General
Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Signer's Nat
❑ Individual
F1 Corporate Officer — Title(s):
❑ Partner — f I Limited ❑ General
❑ Attorney In Fact
❑ Trustee
❑ Guardian or Conservator
Other:
Signer Is Representing:
RIGHTTHUMBPRINr'.
OF SIGNER
LE
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LEGEND
INDICATES TYPES OF NON- CONVENTIONAL
PAVEMENT WITHIN CITY OF POWAY RIGHT -
OF -WAY AND /OR CITY UTILITY EASEMENTS.
UNIT PAVERS
PERMEABLE PAVERS
CONCRETE PAVEMENT D
(EXPOSED AGGREGATE)
PRIVATE STORM DRAIN®
FACILITIES
LEGAL DESCRIPTION
PARCELS 1 AND 2 OF PARCEL
MAP NO. 19198, RECORDED IN
THE COUNTY OF SAN DIEGO ON
APRIL 1, 2003. AS DOCUMENT
NO.2003- 0363326.
PROPERTY LOCATION
BRIGHTON PLACE, PROPERTY JUST
EAST OF BRIGHTON AVENUE,BETWEEN
EDGEMOOR AND ADRIAN STREETS
IN THE CITY OF POWAY, CA.
ASSESSOR'S PARCEL NUMBER
314 - 220 -69 AND 314 - 220 -70
PROPERTY OWNER
POWAY HOUSING AUTHORITY
13325 CIVIC CENTER DR.
POWAY, CA 92064
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SAN DIEGO, CA 92110
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ENC�ee�u
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SHEET 3 OF 3