Encroachment Agreement No. 10-0003 2013-0454652 , . � �� # �o� �-�������
� I III B I I I I I II II IIIII II IIII I I I I II I I I III II
RECORDING REQUESTED BY: JUL Z2, 2013 1 :16 PM
CITY OF POWAY oFFiCiAL RECORDs
� SAN DIEGO COUNTY RECORDER'S OFFICE
AND WHEN RECORDED MAIL TO: Emest J. Dionenbury,Ji., COUNTY RECORDER
FEES: 31.00
� CITY CLERK PAGES: G
�� CI,-,r OF POWAY I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIIIIIIII IIIII IIIII IIIIIIII
P0BOX789
� �✓1 POWAY, CA 92074
I1
(THIS SPACE FOR RECORDER'S USE)
APN: 277-202-19
ENCROACHMENT AGREEMENT NO. 70-0003
The CITY OF POWAY (herein called CITY), does hereby grant to John G Maloney 8 Helen
Maloney Living Trust 12-18-97, owner(s) of 18310 Old Coach Way, Poway, CA (herein called
PERMITTEE(S)), permission to encroach within the City's Right-of-Way for the purposes of access
and maintenance of a permeable pavement driveway system, architectural features, irrigation
facilities, private utility and electrical lines, and drainage facilities.
The limits of said encroachment are as shown on Exhibit A, attached hereto and made a
part hereof, and described as follows: pavement surface and substructure (including the
underdrain system) of the driveway, private drainage facilities, private irrigation facilities, private
utility and electrical lines, and a decorative column west of the driveway near the entrance, all as
shown on Exhibit A.
Said permission is given subject to PERMITTEE, its heirs, successors or assigns, by
accepting the same, agreeing to the following conditions:
1. The consent granted 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 nolhing 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 assignment is made for the direct benefit of PERMITi'EE'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;
13-(�z
Encroachment Agreement No. 10-0003
Page 2
6. PERMITTEE shall not unreasonably interfere with the faci�ities of CITY, or with access
by CITY, during construction. PERMITTEE shall establish grades, which, in ihe opinion oi the
CIN, 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;
S. 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 PERMIITEE'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
additionai facilities or appurtenances thereon;
9. CITY, its officers, empioyees, agents and directors shali not be answerable or
accountable in any manner for any loss or damage that may occur to facilities belonging to the
PEftMITTEE, 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 CIIY'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. PERMITfEE, its heirs, successors or assigns, shali hold
harmless, indemnify, and defend CITY, its directors, o�cers, 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 PERMITfEE's use, or use by its heirs, successors or assigns, of CIN'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 PERMITfEE, i1s 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 �uch 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 poliey shall provide for thirty (30)
days prior written notice to CITY of cancellation or material change.
Encroachment Agreement No. 10-0003
Page 3
This agreement is granted pursuant to action taken by the CITY OF POWAY on the
Z 7 day of V�1 A✓ZG , 20�.
ACCEPTED:
Property Owner(s) CITY OF POWAY
gy (}-i'
J n G. Maloi e -Trustee ev R. Crosby, PE
City Engineer
By: _ E,Q�Q� �,�(.,
Helen Maloney, Co-Tr� tee
• Approved as to Form:
. Office of the City Attorney
4� �� N��N � 17�
Morgan . Fo ey, City At rney Date
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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STATE OF CALIFORNIA �
Countyof SAN DIEGO
On 3/15/2012 before me, MICHELLE M BASUIL NOTARY PUBLIC
Dale Here Insert Name and Title oi ihe ONicer
personallyappeared JOHN G. MALONEY AND HELEN MALONEY
Name(s)ot Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s)is/are subscribecJ to the
within instrument and acknowledged to me that he/sHe/they
executed the same in'Ms7her/their authorized capacifg(ies),
and that by I�isfher/their signature(s) on the instrument the
person(s), or tFie entity upon behalf of which the person(s)
acted, executed the instrument.
�,,,� MICHELLE M.BASUIL I certify under PENALTY OF PERJURY under the laws of
N� COMM..at862575 the State of California'that the foregoing paragraph is true
� m NOTARY PUBLICCALIFORNIA �
SfJJDIE6000UNTY andcorrect.
My Gomm�.Exp. AUG 24,2073
� WiMess my hand and official seal.
Signature �'7� �'/��
Place Notary Seal A6ove Signature of Notary Public °
OPTIONAL
Though the inlormation below is not required by law, it may prove valuable to persons relying on the document
and could prevent iraudulent removal and reattachment of fhis form to another document.
Description of Attached Document
Title or Type of Document: ENCROACHMENT AGREEMENT
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: JOHN G. MALONEY Signer's Name: HELEN MALONEY
❑ Individual ❑ Individual
❑ CorporateOfficer—Title(S): ❑ CorporateOfficer—Title(S):
❑ Partner—❑ Limited❑ General ❑ Partner—0 Limited� General
❑ Attorney in Fact - ❑ Attorney in Fact
❑ Trustee � ❑ Trustee �
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
� Other: CO-TRUSTEE G�i Other: CO-TRUSTEE
Signer Is Representing: Signer Is Representing:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of�.9/1/ �/E �7�
On� Z"�� before me, �H/�c�S .��/�r�ir� �'�T�y ���'L� �— ,
Da� { ) Here Inser�N e antl Ti11e ol Ihe ficer
personally appeared JT�!/��/ �. C�c'O.S.3{�
Name(s)o15i er(s)
who proved to me on the basis of satisfactory evidence to
be the person(�{I whose name(� is/� subscribed to the
within instrument and acknowledged to me that
he/s�k,'e/tij�y executed the'.same in his/Pyer/tl�r authorized
capacity(i�, and that byhis/i�r/t�r signature(�on the
instrument the person(�, or the entity upon behalf of
�us�� which the person�acted, executed the instrument.
Cmnntlsaron f 1856215'
Nmay PuDlk•CaiHOrNa I certify under PENALTY OF PERJURY under the laws
5���o� of the State of'California that the foregoing paragraph is
Camm.E •Nor9:2015+ true and correct.
WITNESS my hand rSYi official seal. ^
i
Signature � '' /
Place Noury Seal Above � � Signawre oi Notary Public
OPTIONAL
Though the information below is not required by�law, it may prove valuable�.fo persons�relying on the document
and could prevent lraudulent removal and�eattac6ment ol this lorm to�anothecdocument.
Description of Attached Document
Title or Type of Document: L/�'�ic�.ACI�f���� 1��i�� /���= �/ i�(/, �Q— �QG'�
Document Date: //l.�/�Gf� 2 ',_���� 2— Number oi Page�: �l
Signer(s) Other Than Named Above: �'�C7 ����G L�/y� y,'/!/� ���C/v / ���/LV���
. Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—�Title(s): ❑Corporate Officer—Title(s):
❑ Par�ner—� Limited ❑ General ❑Partner-0 Limited � General
❑ Attorney in Fact • � ❑Anorney in Fact • ��
❑ Trustee roP oi m�mc,nere �Trustee TaP or m�mb ne�e
❑ Guardian or Conservaror ❑Guardian or Conservator
❑ Other: ❑Other.
Signer Is Representing: Signer Is Representing:
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EXHIBIT 'A'
ENCROACHMENT REMOVAL AGREEMENT 10-03
- - MDRA 08-14
- I ��PROP SED
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20.00' SEWER r
�SEMENT PER m
MAP No.13708
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PROPOSED � �
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2" WATER LINE � _ _ _ �� TELEPHONE CONDUIT,
1" IRRIGATION LINE — ��^- - 2� CAN CONDUIT, 4"
� ELECTRICAL CONDUIT, 1"
1" GAS LINE �� I � CONDUIT FOR LANDSCAPE
\ ^ ��. •• LIGHTING
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2" WATER LINE, 1" IRRIGATION � \ �
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LINE, 1" GAS LINE, i" � i ' `
TELEPHONE CONDUIT, 2" CAN _ _ � � /
CONDUIT, 4" ELECTRICAL / \
CONDUIT, 1" CONDUIT FOR /
LANDSCAPE LIGHTING �
/ \EXISTING SEWER MAIN / I
AND SEWER MENHOLES _ _ J I
PER CITY OF POWAY
IMP. PLANS TM89-13R �
20.00' SEWER I
�,SEMENT PER
�
MAP No.13708
1" CONDUIT I �DECORATIVE
FOR LANDSCAPE — — j COLUMNS
_���'"LIGHTING \ �
/i
-- LIGHT FIXTURES- -�"
� W0728