Encroachment Agreement No. 12-0004 2012-0563281D O C # 2012-0563281
RECORDING REQUESTED BY 1111111111111111111111111111111111111111111111111111111111 IN
CITY OF POWAY SEP 18, 2012 10:44 AM
1". ,n OFFICIAL RECORDS
AND WHEN RECORDED MAIL TO: ��'� SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg.Jr., COUNTY RECORDER
CITY CLERK FEES: 31.00
CITY OF POWAY PAGES: 6
P O BOX 789 I
POWAY, CA 92074 III�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIII 'I
(THIS SPACE FOR RECORDER'S USE)
APN: 273 - 102 -22
ENCROACHMENT AGREEMENT NO. 12 -0004
The CITY OF POWAY (herein called CITY) does hereby give permission to Alan
and Christine Winters, owners of 13367 Old Winemaster Court, Poway, CA (herein called
PERMITTEE), to encroach within the City's Right -of -Way for the purposes of installing and
maintaining three gates across a City drainage easement.
The limits of said encroachment are as shown on Exhibit A. attached hereto and
made a part hereof, and described as follows: a wooden gate supported by 2 masonry
pillars and two wrought iron gates all located across a City drainage easement along the
western limits of the property.
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 -0004
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;
'Encroachment Agreement No. 12 -0004
Page 3
13. PERMITTEE, its heirs, successors or assigns, shall take out and maintain,
during the time of construction of the aforementioned encroachment 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.
This agreement is entered into on the day of , 2012.
Property Owners(s)
By:
Alan Winters
Christine Winters
Approved as to Form:
Office of the City Attorney
CITY OF POWAY
teven R. Crosby, P.E.
City Engineer
(Signatures must be notarized.)
or an . F ley/ C' y Attorney
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
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who proved to me on the basis of satisfactory evidence to
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capacity(ies), and that by hls/I* /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 aytd 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 Document
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California l
County of J� N ii /E fir; 1}
On 7if`C�G�STGi mil' /2 before me, tJS/GLIl J<%iiLA% %v%r2y r "uc
r- Date i - -_- Here.Inssert Name and Ttle iff the Officer
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who proved to me on the basis of satisfactory evidence to
be the persona( whose name* is/a)k subscribed to the
within instrument and acknowledged to me that
he /sAe /t* executed the same in his/46rAh)4 authorized
capacity(i *, and that by his /ft*tWr signature(;kon 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.
Signature r"
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: ✓b-YGf�i'�jp_`i�"� ;'� ;c'a`!(a✓:�� ��� % V �?
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Signer Is Representing:
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7 Corporate Officer — Title(s):
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❑ Attorney in Fact
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