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Encroachment Agreement No. 12-0007 2013-0206648 � � � � # ��� �-a������ 4�� p � - = III I I I I II I III II I I I II I I I III I II I II (;.61 RECORDING REQUESTED BY: 1i� APR 02, 2013 4:25 PM CITY OF POWAY OFFICIAL RECORDS �AND WHEN RECORDED"MAIC TO: 5AN DIEGO COLINTY RECORDER'S OFFICE Emest J. Dronenbwg,J�.,COUNTY RECOFDER FEES: 31.00 CITY CLERK PAGES: C CITY OF POWAY P O BOX 789 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII POWAY, CA 92074 (THIS SPACE FOR RECORDER'S.USE) �APN: ,317-152-02a00 " . I ENCROACHMENT AGREEMENT NO. 12-0007 ; The CITY OF POWAY,(herein called CITY) does hereby give permission to The Sikh Foundation;of San Diego, a Califorriia Non-ProfitOrganization, owner of 12269 Oak Knoll Road, Poway, CA (herein called PERMITTEE), to encroach ,wifhin the City's Easemen4 fo� the purposes of maintaining a private;sewer lateral, parking lot light, and a chain link fence. The limits of said encroachment are as shown on Exhibit A, attached hereto and made.a part hereof, and described as follows: a private sewer'IateYal, parking lot light, and a chain link I fence. ! , Said permission is 'given subject to PERMITTEE; its _heirs, successors or assigns, by accepting'the same, agreeing to the'following conditions: , - 1. Tlie conserit given herein by CITY shall at afl 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'riglit-of-way and easement; without liability for damages to the facilities of PERMITTEE, its heirs, successors or assigns; 2. It is understood that said Iands 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 f easement in said lands, and nothing contained herein shall tie deemed a representation by CITY of the right.to grant a right-of-way oreasement oversaid lands or any other rights whicfi are�eserved to the owners or otherpersons; 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 ope�ation of the CITY's facilities by CITY within the right-of-way and easement; .4. This agreement is made for the direct benefit of P.ERMITTEE's land above V described and the cov,enants herein.contained §hall.run with.said land, and shall be binding on the assigns and successo�s of`PERMITTEE; 5. Only those utilities or improGements described aboye are permitfed along or I across the right-of-way and easement. lf ottier utilities or improvements aFe proposed, an I additional encroachment removal agreement will be �equired; � i 3-02�( Enc�oachment Agreement No. 12-0007 I�age 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 proJide easy access across the encroachment�after comple4ion; 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 const�uction; � 8. PERMITTEE, its heirs, successors or assigns, will be responsible for any damage which may occurto GITY's facilities in the �ight-of-way and easement by reason of the construction, location, or maintenance of PERMITTEE's facilities; and for the cost or any relocation of tfie_:facilities installed within tlie right-of-way and easemenf;by PERMITTEE; ifs hei�s, successors or assigns, should such relocation become nece§sary by reason of 4he � 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 occurto facilities belonging to the PERMITTEE, its hei�s, successors or assigns, or any part thereof; fo� any loss or damage to any of`the materials, equipmenf or other things used or employed in constructing the same; fior injury to or death of any person, .either workmen or tfie 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 PERMITT:EE, its heirs, successors or ' _ ,_ , assigns; shall be solely responsi6le�for all of the fo�egoing. PERMITTEE, its heirs, successors or assigns, shall hold ha�mless, indemnify, and defend CITY, its-directors, officers, employees and agents, from all claims, suits oT 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 resuiting 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 offacilities fhereon; ' ' 10'. CITY is to be without cost or expense of any kind in connection with this ag�eement; , 11. The enc[oachment shall be installed and, mtaintained in a safe and sanitary condition at the sole cost, risk and responsibility of the F'ERMITfEE and successors-in-interest; 12. The PERMITTEE, its heirs, successors or assigns; shall remove or relocate the encroachment, or a portion the�eof, 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 PERMITT'EE, 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 Cia6ility Insurance covering,.all, bodily and property damage'arising°"out of"this;permit (aY least $2,000;000 fo� personal injury and $250,000 for propeRy damage). This policy^shall name CITY and its officers, agents and emplojrees as additional insured, and shall constitute primary insurance as to CITY and its officers, agents and employees, so that any other policies I held by CITY shali not contribute to any loss under said insurance. The policy shall provide for I thirty (30) days prior written notice to CITY of cancellation or mate�ial change. � I � Encroachment Agreement No. 12-0007 • page 3 This agreement-is entered into on the �day of /�! /��"/ , 2013. By: �, �f�/�� I J 'it Singh Dhesi The Sikh Foundation of San Diego Its: �c51 ��,{/ � � By: CITY OF POWAY teven.R. Crosby, P'E. CityEngioeer ' (Signatures must'be notarized) Approved asto Form: Office bfthe City Attorney �� — Morg L. F ley; City Att rney � miengserv\clapplagreements�sikh era.docx � � , CAIIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California � County of ��i��/� � � On�/f•PGf/�29/.3 before me; _�Hy�cis ��/^/.t/, �oT�47'1-Y J��c9Lt c— , Dale / \ Heie I er1 Name antl Ti�le ai e Okicer i personally appeared Ji9'�J I T �j�f/!�y (JffE�/ Name�s)ol Siener(s) who proved to me on the basis of satisfactory evidence to be the person(�whose namef�) is/�subscribed to the within instrument and acknowiedged to me that he/s'�/tty�y executed the same in his/F�/tF�authorized capacity(i�, and that by his/t�/tF�signature(�on the instrument the person(,�,, or the entity upon behalf of LLI SHI N which the person(lC�acted, executed the instrument. Cammiedon a 1958215 Notary Publle-CaluorMe I certify under PENALTY OF PERJURY under the laws Sen,Dlepo County Comm. Ex irea Nov 9,2015 of the State of California that the fotegoing paragraph is true and correct. WITNESS my hand a official seal. Signature � � Place Notary Seal Above SignaWre oi Notary Pu�lic � OPTIONAL � Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent lraudulent removal and reattachmenf o/this lorm to another document. Description of Attached Document TitleorTypeofDocumenL G/✓�D�c�{'LL��,Q-172��'/E�i•// �Z- OQ�� , DocumenfDate:� 6� ���v Number of Pages: y ' Signer(s) Other Than Named Above: �~ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Otticer—Title(s): ❑ Corporate Otticer—Title(s): ❑ Partner—�.7 Limited ❑ General ❑ Partner—O Limited ❑ General ❑ Attorney in Fact � ' ❑Attorney in Fact ' ' Top ol thumb here Tap ai Ihumb here - ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other. ❑Other. Signer Is Fepresenting: Signer Is Representing: �200]NationalNOtaryASSOOiation•B350De5otoFVe.,P.O.BOV2402•Che�swotlh,CA91313-2402•www.NallonalNO�ary.ory ItemttSBQI ReortlacCallT011-Fee1-B00�816�682] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia 1 County of�N U/E�i D � On {��1�CJf� ZD%� before me, ��YLG/S �ff/N� yOT/f"ley GGCgL/ L � a��� (� Hem Inser� am ntlTille of�he Oflicer i personallyappeared cJ�E��� � ���Q� Name(s) Signer(s) who proved to me on the basis of satisfactory evidence to � be the person(�whose name(� is/�Fe subscribed to the -. within instrument and acknowledged to me that he/$j�(e/tt�i executed the same in his/FjBrltF�ic authorized capacity(i�);:and that b his)Ij�dtl�signature(�j on the instrument the'personl,l�, or the entity upon behalf of _ - PMYLUS SHtlUI which the person(�acted,.executed the instrument. Commkeion O 1956215 � , .':< Noury Puarc-Camorrua � I certify under PENALTY OF PERJURY under the laws _ ='"' San Oiepo Counq of the State of California that the foregoing paragraph is Comm.E ires Nov.9.2015+ true and correct. WITNESS my hand a fficial sea�?y� Signature / Place Notary Seal Abwe Signature oi Notary Public -OP-TIONAL � Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent lraudulent removal and reattachment of this�orm to another documenf. Description of Attached Document Title or Type of Document: /�N�iPfl� {'���//�iC��"�'`���• ����o� � Document Date: ZG � 2��3 Number of Pages: � Signer(s) Other Than Named Above �`/J l T //��i � .!/�l��� Capacity(ies) Claimed by Signer(s) Signer's�Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Otticer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—�� Limited ❑ General ❑ Partner—O Limited � General ❑ Attorney in Fact • �' ❑Attomey in Fact • �' Tap ot ihumb here. � _ Top of:thumb�here, - �-Trustee - - _ O Trustee _ � Guardian or Conservator ❑ Guardian or Conservator ❑ Ottier: ❑Other: , Signer Is Representing: Signer Is Representing: � 02001NationalNO�a��ASSOCtia�ion•93500e5o�oAve..P.O.8w2402•Chals+rorN,CA9191&2402•xwwNationalNOtary.org Itemp590] Reortler.CalR011-Freel-800.8]F68D t EXHIBIT "A° Plat � Encroochment Agreement APN 317-152-02-00 Sikh Founddtion, 12269 Otik Knoll Rd. Poway, CA 92084 � � \ � � � � � �� \ � \ ` r � \ � � Oq� � � � \ � � . g �N��� '�o � , � � \ , � \ ATER EASEMENT PER j��� \ � DOC N0. 2012-0670470 I � � RECORDED: OCTOBER 30, � �� 2072 j �� // . j!, S� ,,i��' \ , S� - - -- -— — - �_�:_— E PRNATE �� s'��SEWER LINE i � ��,_ ,�� 5� .1 / �k 5� r` �f S/�k� (E) FENCE � �, � r x� / , � � 5 �1 (E) LIGHT k� i i 1 I � _ _ -� 30 0 30 � SCALE: 1'=30'-0"