Encroachment Agreement No. 13-0006 2013-0727114RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
/ CITY CLERK
I� CITY B OF OX X
�Y\
P O B 789 789
1 POWAY, CA 92074
D C C # 201 3 - 0727114
1111111111111111111111111111111111111111111111111111111111111111IN
DEC 18, 2013 4:36 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 34.00
PAGES: 7
(THIS SPACE FOR RECORDER's USE)
APN: 278 - 301 -12
ENCROACHMENT AGREEMENT NO. 13 -0006
The CITY OF POWAY (herein called CITY) does hereby give permission to the Sanit
Family Trust, owner(s) of 15177 Skyridge Road, Poway, CA (herein called PERMITTEE(S)), to
encroach within the City's Right -of -Way for the purposes of constructing and maintaining electrical
v service to a ground- mounted photovoltaic system.
The limits of said encroachment are as shown on Exhibit A, attached hereto and made a
part hereof, and described as follows: a 1" PVC electrical conduit servicing a ground - mounted
photovoltaic system.
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 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 permission
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 permission is given 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;
13 -toy
Encroachment Agreement No. 13 -0006
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 PEIRMITTEE'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 $2,000,000 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. 13 -0006
Page 3
This agreement is granted pursuant to action taken by the CITY OF POWAY on the
day of UGC6ro Se , 20 3.
Property Owner: Sanit Family Trust
0
C.
By:
Deborah A. PrR, Trustee
City of Poway
Steven R. Crosby, P.E.
City Engineer
(Signatures must be notarized.)
Approved as to Form:
Office of the City Attorney
Morg n L. of ,City
y Attorney
M: \engserv\Land Development Projects \2013 \ERA13 - 0006 \ERA.docx
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State of California
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Data
personally appeared STEIiE�
PHYLLIS SHINN
Commlaafon # 1956215
LQ—� N otary Public - California
San Ulepo County
M Comm. Ea Tres Nov 9, 2015
Place Notary Seal Above
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who proved to me on the basis of satisfactory evidence to
be the person() whose name( is/* subscribed to the
within instrument and acknowledged to me that
he /s4%Jt* executed;the same in his/hk//t3eLauthorized
capacity(ik, and that by hiWr/tl} q signature(( on the
instrument the person(jG 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,Calfornia that the foregoing' paragraph is
true and correct.
WITNESS my hand 50official seal.
Signature
SignaNre of Notary Public
OPTIONAL
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's. Name:.
❑ Individual
❑ Corporate Officer— Title(s):
❑ 'Partner — ❑'Limited ❑ General
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Signer Is Representing:
Number of Pages:
Signer's Nal
❑ Individual
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Signer Is Representing:
02001 National Notary Assovegm, M50 De Soto Aw., P.O. ear 2402- ChaawoM. CA 91313-2402• wewNetlonalNotarywg Item #5907 Reorder: Call ToIFFree 1-000- 975i�B2]
CAUFOANIA ALL7PURPOSE ACKNOWLEDGMENT
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State of California
County of
On &L2- /O Z ejefore me,
Date
personally appeared
PHYLLIS'SHINN
Commission Al 1956215
-a Notary Public - California i
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NIX Comm. Expires Nov 9, 2015
Place Notary Seal ACoaa
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who proved to me on the basis of satisfactory evidence to
be the person whose namely is/ke subscribed to the
within instrument and acknowledged to me that
he /s*/t*. executed the same in his/h�r/t" authorized
capacity(ip6), and that by his*rtt* signature(ok on the
instrument the personK 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 handfiod official seal.
Signature v
Signature of Notary Public
OPTIONAL
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and could prevent fraudulent . removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Docrent: LNC7evAG
Document Date: Le GL`_)*66W /I
Signer(s) Other Than Named Above: —
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ 'Individual
❑ Corporate Officer—Title(s):
❑ Partner-0 Limited []General
❑ Attorney in Fact
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❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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02007 National Notary Assaciation•9350 Do Sato Ava.1PO.Bmc 2402 -Chatsworth, CA 91313- 2402•www.NationalNolaryorg Item45907 Reorder: Call Toll -Free 1- 800 -876 -6x27
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT,
State of California
County of �f%r/ JI 1
On ArEw-61-V�i Y efore me, G H /✓/t� /" ��f� �L
Date Here Insert Name Me of Me Otficer
personally appeared
jrAEPHYLLIS'SHINN
Commiaslon #1956215
Notary Public- California i
San Diego County s
M Comm. Eir iresNov 9, 2015!
Place Notary Seal Aboye
who proved to me on the basis of satisfactory evidence to
be the personN whose name(Kis /aka subscribed to the
within ilinstrument, and acknowledged to me that
*- she /t*y. executed the same in his/her /th*, authorized
capacity(i*, and that qy r)6lher/thXr signature( on the
instrument the pe on(ft 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 h�aJndd official seal.
Signature lL'
Signature of Notary Pudic
OPTIONAL
Though the information below is not- isquired by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to o- another ddcument.
Description of Attached Document /
Title or Type of Do cu ent: LN�JFO/fCry%�1 EN,
Document Date: E Ct 8444-_2 / 0%
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
• Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
• Attorney in Fact
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❑ Trustee
❑ Guardian or Conservator
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Signer Is Representing:
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• Partner — ❑ Limited O General
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