Encroachment Agreement No. 11-0010 2012-0670475D O C # 201 2 - 0670475
III I 111111111111111111111111111111111111111111111111111111111111111111111 IN
RECORDING REQUESTED BY: OCT 30, 2012 12:50 PM
I OFFICIAL RECORDS
CITY OF POWAY ��� SAN DIEGO COUNTY RECORDER'S OFFICE
Afj Ernest J_ Dronenburg, Jr., COUNTY RECORDER
AND WHEN RECORDED MAIL TO: (' FEES: 31.00
CITY CLERK PAGES: 6
CITY OF POWAY 11111111111111111111 IN IN P O BOX 789
POWAY, CA 92074
APN: 277 - 230 -12
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT NO. 11 -0010
The CITY OF POWAY (herein called CITY), does hereby give permission to BBA Partners,
LLC, a Delaware Limited Liability Company, owner of Lot "B" of Map 15725, Poway, CA (herein
called PERMITTEE(S)), to encroach within the City's right -of -way for the purposes of installing and
maintaining an island median, rock walls, mail box, and an access gate with associated facilities.
The limits of said encroachment are as shown on Exhibit A, attached hereto and made a part
hereof, and described as follows: an island median, rock walls, mail box, and an access gate with
associated facilities.
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;
1 —Oslo
Encroachment Agreement No. 11 -0010
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. 11 -0010
Page 3
This agreement is entered into on the –�d— day of �2012,
OWNER: BBA Partners LLC
A Delaware Limited Liability Company
By: 41zt-�
S. Eric Ottesen
Its: [Manager /Maaag4Kj4AewAae�
Approved as to Form:
Office of the City Attorney
Morga . Fo ey, ity Attc ney
CITY OF POWAY
teven R. Crosby, P.E.
City Engineer
(Signatures must be notarized.)
m:leng se rvlclapp \ag reementslhe ig hts\era- revised.docx
ACKNOWLEDGMENT
State of California
County of San Diego) ss.
On September 17, 2012 before me, Jennifer Sattley, Notary Public, personally appeared
S. Eric Ottesen, who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is /are subscribed to the within instrument and acknowledged
to me that he /shelthey executed the same in his/her /their authorized capacity(ies), and
that by his/her /their signatures(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 and official seal.
JENNI'FE"RS!A'Tr1L-1EYyj
comm. #1908742 m
Notary PLOo4Uftnia
SAN DIE60 COUNTY
Cantu. 00T fl t
(seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of� %-), �
OR �Zu?ef6re me, ''', %`LG ✓s :,r' jam;✓ �/ e'y ✓G� -G rC
Date - Here Inser 'z me and Title of the Officer
personally appeared jZ7 Vic
Name(s) & Signereb
Le WV.V4l,lllt RfyLU6 SF6N11
Commission i 1956215
my Pull - California �
San Diego County
Carom. Nov 9.2015
who proved to me on the basis of satisfactory evidence to
be the person whose nanl isi subscribed to the
within instrument and acknowledged to me that
hefspfe/t�4y executed the same in his /F dr /thje4ir authorized
capacity(rl ,and that by HER r /th)kr-5ignatureAon the
instrument the person, or the entity upon behalf of
which the personO 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 hanc)�nd official seal-
Signature
Place Notary Seal Above / 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: v!%t''!%1Gf!/i /�ry' , `j,(�'� /1 %j1i% Jf/r✓,
1, i
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
-I Individual
Corporate Officer —Title(s):
Partner — ❑ Limited General
❑ Attorney in Fact
-'' Trustee
C Guardian or Conservator
G Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Signer's Name:
C Individual
G Corporate Officer — Title(s):
Partner — ❑ Limited ::1 General
7 Attorney in Fact
❑ Trustee
LL Guardian or Conservator
CI Other:
Signer Is Representing:
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RIGHT THUMBPRINT
OF SIGNER
02007 National Notary Associatitw• 9350 De Soto Aw., P.O. Box 2402• ChafsHOrIh, CA 91313- 2402•w w NationalNOiary org Item #5907 Reorl Call Tdl -Free 1- 8001
EXHIBIT 'A'
ENCROACHMENT REMOVAL AGREEMENT
� 1 LOT B, MAP 15725 ACCESS
LOT 8 OF ��� AND WATERLINE EASMENT
\il�\P J, 2-3 _ TO CITY OF POWAY
r�PINl 2177--23'o--T2')
EXISTING ROAD
PER IMPROVEMENT -
PLANS TTM 02 -02 \ `', WROUGHT IRON
ENTRANCE /EXIT GATE
APJ\l 277- 230- -1 \
,-ROCK WALL
ROCK WALLS
�c� /// z A
( \— MAIL B(
EXISTING 6 "o WATERLINE I \ 1
PER CITY OF POWAY IMP CENTER
PLANS TTM 02 -02 ISLAND
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�LJT �'j --%� r\PI\J 277 -0D`0
/ SUBDIVISION
PROPERTY LINE
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SCALE: 1"=50'
DWG
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PLOTTED: NOVEMBER 9, 2011 VVV U04�