Encroachment Agreement No. 12-0003 2012-0362011RECORDING REQUESTED BY:
CITY OF POWAY
t� AND WHEN RECORDED MAIL TO:
1X0 CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
APN: 275 - 270 -45
DDC It 2012 - 0362011
11111111111111111111111111111111111111111111111111111111111111111 IN
JUN 21, 2012 8:42 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 34.00
PAGES: 7
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT NO. 12 -0003
The CITY OF POWAY (herein called CITY), does hereby give permission to Green Valley
Estates Homeowners Association, owner of Lot 57 of Map No. 12466 and Lot 29 of Map No.
11914, (herein called PERMITTEE), to encroach within the City's Right -of -Way for the purposes of
installing and maintaining security cameras.
The limits of said encroachment are as shown on Exhibit A, attached hereto and made a
part hereof, and described as follows: Two security cameras, each mounted on a 15- foot -tall pole,
together with electrical service conduit necessary to power the cameras.
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;
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;
Encroachment Agreement No. 12 -0003
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. 12 -0003
Page 3
This agreement is entered into on the day of <." 0% Cy , 2012.
Property Owner(s) CITY OF POWAY
Green Valley Homeowners Association
By:
VickiLynn Harvey Steven R. Crosby, P.E.
City Engineer
Its: Vt
(Signatures must be notarized.)
Approved as to Form:
Office of the City Attorney
L&,M'64�1
Morga L. lex, City Ittorney
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who proved to me on the basis of satisfactory evidence to
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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,, nd official seal.
Signature f
Signature of Notary Public
OPTIONAL j
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
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Document Date: J�, ��� Z Z_— Number of Pages: J
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02007 National Notary Association • 9350 De Soto Ave., P.O Box 2402 • Chatsworth, CA 91313 -2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1 -800- 876 -6827
CALIFORNIA • ACKNOWLEDGMENT
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State of California
County of !E�Ad ✓%
On Jbf111- 00/ z before me,
Date _ �. Herellnsert Name and Title of the Officer
personally appeared
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who proved to me on the basis of satisfactory evidence to
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within instrument and acknowledged to me that
he /se * executed the same in his /IKr /#lt1`ar authorized
capacity(i *, and that by his /ft*Jtljir signature(K on the
instrument the person(, or the entity upon behalf of
which the person(4acted, 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 ha nd official s\eal. %
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 Document
Title or Type of Document:
Document Date: 1_/u��� l� , Z j� 0 /Z/
Signer(s) Other Than Named Above: !� ! 'I-g `yyN
Capacity(ies) Claimed by Signer(s)
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❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
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Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
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@2007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313 -2402 - www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1 -800- 876 -6827
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