Encroachment Agreement No. 2013-0375322 l - 1
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RECORDING REQUESTED BY: JUN 14, 2OI3 10:14 AM
(-6 CITY OF POWAY OFFICIAL RECORDS
SC� SAN DIEGO COUNTY RECORDER'S OFFICE
� AND WHEN RECORDED MAIL TO: Emest J. Dronenburg,Jc,COUNTY RECORDER
FEES: 28.00
C� CITY CLERK 1 O 6 7 9 PAGES: S
� CIn OF POWAY IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
P O BOX 789
POWAY, CA 92074
(THIS SPACE FOR RECORDER'S USE),
APN: 317-820-10-00
ENCROACHMENT AGREEMENT
- (Toyota)
The CITY OF POWAY (he[ein called CITY) does hereby give. permission to Rinnacle
Realty of California, a Califomia limited liability corporation (herein called PERMITTEE(S)), to
encroach within the CITY's Property, identified•by Assessor's Parcel Number 31Z-820-QD=00, for
the purposes of installing and maintaining a fence, gate, driveway, and various landscaping and
irrigation features.
Said permission is given subject to PERMITTEE, its heirs, successors or assigns, by
accepting the same, agreeing to the following conditions:
1. The permission 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 Property, without liability for damages to the facilities of
PERMITTEE, its hei�s, successors or assigns;
2. It is understood' thatthe lands identified as the CIT•Y's Property are owned by
CITY;
3. The CITY will not be liable for any damage to the PERMITTEE's proposed
construction on CITY's Property resulting from future operation of the CITY's facitities by CITY
within the CITY's Property;
4. TYiis pe[mission is given for the direct 6enefit of PERMITTEE and the covenants
herein contained shall run with said land, and shall be hinding on the assigns and successors of
PERMITTEE;
5. Only those utilities or improvements of PERMITTEE described above are
permitted.along or across the CITY's Property. If other utilities or improvements are proposed,
an additional Encroachment Agreement will be required;
6. PERMITTEE shall not unreasonably interfere with the facilities of CITY, or with
access byCITY, during construction. PERMITTEE shall esta6lish grades, which, in the opinion
of the CITY, will provide easy access across the encroachmenY•after completion;
I� ��
Encroachment Agreement No.
Page2 1�680
7. All of CITY's facilities within the Property are to be fully protected in a manner
satisfactory to CITY, both during and after construction of PERMITTEE's facilities. Landscaping
and irrigation, as shown on the approyed plans on file with the CITY, shall be maintained in a
healthyand thriving condition,by 4he PERMITTEE;
S. PERMITTEE, its heirs, successors or assigns, will be responsible for ,any
damage�lhat may occur to CITY's facilities within the Property 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 Property by PERMITTEE, its heirs, successors or assigns, should
such relocation become necessary tiy �eason of the const�uction by CITY of addition8l facilities
or appuitenances thereon;
9. CITY, its officers, employees, agents and directors shall not be answerabie 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 o4her 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 f�om
any cause arising ouf of PERMITTEE's use of CITY's Property, 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 heirsy successors or assigns, shall hold
harmiess, 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 prope�ty resulting or
alleged to have resulted from PERMITTEE's use, or use by its hei�s; successors or assigns, of
CITY's Property or the const�uction and maintenance of facilitiesthereon;
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 soie 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 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 6e a lien upon the land owned by the PERMITl`EE, its heirs,
successors or assigns;
13. PERMITI"EE, its heirs, successors or assigns, shall take out and maintain, during
the time the aforementioned encroachment remains on CITY's Property, sufficient Liability
Insurance covering all bodily andproperty damage arising out of this permit (at least $2,000,000
for personal injury and $250,000 for property damage). This policy shall name GTY and its
officers, agents and employees as additional insured, and shall constitute primary insurance as
to CITY and its officers, agents and employees, so thaYany other policies held by CITY shall not
contribute to any loss undersaid insurance. The policy shall p�ovide for thirty (30) days prior
written notice to CITY of cancellation or material change.
Encroachment Agreement No. 1 �6 8 1
Page 3
�This agreement is granted pursuant to action taken by 4he CITY OF POWAY on the
� day of � 4 n� , 2013.
Property Owner(s) CITY OF POWAY
Pinnacle Rea ty, LLC
By:
. V irybent C str , / � / obert J. anis
It : F�.�. b'�" i c e-.t w��'^� Director of Development'Services
(Signatures must be notarized;)
Approved.as to Form:
Office of the City Attomey
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Morg� L: �o ey;; i�J omey
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CALIFORI�iIA ALL-PURPOSE AC9CNOWLEDGMEP9T
State of California �
County of �f�/v �/�.�j 0
On JI�NE �f z4�� before me, ��%GUJ flfir�/.�! A�oT�e` (�t.dG/G ,
Date �J� '/' Here In 1 Name antlTOe ot Ne OHicer
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Comm.b hea Nov 9,2075 which the person(�acted, executed the instrument.
I ce�tify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand a official seac'�%/� �
Signature � � ��
Place Notary Seal Above SignaWre of Notary PuWic
OPT/ONAL
Though the in�ormation belowis not required by law, it may prove valuable to persons relying on the document
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Description of Attached D�ument ,/
Title or Type of Document: �NG��fIGr//I�/t�V� �(�/2�.� ✓� ���T ya Tif-
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❑ Partner—O Limited ❑General C� Partner—O Limited O General
❑ Attorney in Fact • �' ❑Attorney in Fact • ��
❑ Trustee Top of Ihumh here �Trustee Top ot thumb here
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CALIFORPBIA ALL PURPOSE ACKW0INLEDGMENT
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County of�i✓///�v� �
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San Dlepo Counry
Caom:Ek iroaNOV9 2015 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my han d official seal.
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Signature
Place No�ery Seal Abws Signature olary Pudic
OPT/ONAL
Though the information tielow is noCrequired bylaw,.it may prove valuatile.to�persons.relying�on the document
and could preJenClraudulent removal and reattachment of this�form to another document.
Description of Attached Document /
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Title or Type of Document:_/G/t��iQ��C/�{'(?�/���/C����l /�yOTff
Document Date: Number ot Pages; . �
Signer(s) Other Than Named Above:
Capacity(ies)Claiined by Signer(s)
Signer's�Name: Signer's Name:
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❑ CorporateOfficer—Title(s): ❑Corporate.Officer—Title(s):
❑ Partner,—❑,Limited ❑ General _ _,. ❑.Partner, .—:❑ Limited ❑ General ` _
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❑ Trustee Top oi ihumb hera �Trustee Top of;tiuinb here
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Signer Is Representing: Signer Is Representing:
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