Encroachment Agreement No. 12-0006 2012-0434854APN: 321 - 220 -08 & 321 - 220 -09
ENCROACHMENT AGREEMENT NO. 12 -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 permeable
private driveway surface and subsurface.
The limits of said encroachment are as shown on Exhibit A, attached hereto and made a
part hereof, and described as follows: a variable width permeable private driveway surface and
subsurface 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 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;
D O C # 2012-0434854
RECORDING REQUESTED BY:
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JUL 26, 2012 8:51 AM
CITY OF POWAY
OFFICIAL RECORDS
AND WHEN RECORDED MAIL TO:
SAN DIEGO COUNTY RECORDER'S OFFICE
'v
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 29.00
CITY CLERK
PAGES:
CITY OF POWAY
-S
P O BOX 7e9
POWAY, CA 92074
1 111111 IIIII IIIII IIIII IIIII IIIII IIIIIIIIII IIIIIIIIII IIIII IIIII
11111 1111 IN
(THIS SPACE FOR RECORDER's USE)
APN: 321 - 220 -08 & 321 - 220 -09
ENCROACHMENT AGREEMENT NO. 12 -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 permeable
private driveway surface and subsurface.
The limits of said encroachment are as shown on Exhibit A, attached hereto and made a
part hereof, and described as follows: a variable width permeable private driveway surface and
subsurface 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 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 -0006
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.
id
This agreement is entered into on the day of J ✓ —7 , 2012.
Encroachment Agreement No. 12 -0006
Page 3
ACCEPTED:
Property Owner:
New Pointe Investment 6, LLC
a
MAAIACstrvrc /v(eMljrl-L
(Signature must be notarized.)
City of Poway:
even R. Crosby, RE
City Engineer
Approved as to Form:
Office of the City Attorney
Vim'
Mor an L. oley, City ttorney
M: \engseMClapp\Agreements \Golden Sunset ERA -Revised. docx
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
County of Z)lCiL)
On V C I L y/i�, —z before me,
' Date Here Insert Name one Title of the cer
personally appeared
Narecan of Slgnees)
PNVLLIS SHM
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Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) X /are subscribed to the
within instrument and acknowledged to me that
'f* /sheli executed the same in hi"s/hi6r /their authorized
capacity(ies), and that by Nstf�their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) 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 Ond official seal.
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 Dycument
Title or Type of Document: Iii✓ •` i�G/Eiir�t /N �JC EL %1l ��/r f`� • %G �v "G'GC +
Document Date: �'%d i y v!y'i �_v, -2— Number of Pages:
Signer(s) Other Than Named Above:
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Signer's Name:
::1 Individual
::1 Corporate Officer —Title(s): —
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7 Attorney in Fact
Trustee
7 Guardian or Conservator
❑ Other:
Signer Is Representing:
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❑ Individual
C Corporate Officer — Title(s):
C Partner — ::1 Limited ❑ General
C Attorney in Fact
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• Guardian or Conservator
❑ Other:
Signer Is Representing:
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