Encroachment Agreement No. 13-0003 2013-0721658APN: 317 - 021 -30
D 0 C ## 201 3 -0721 658
111111111111111111111111111111111111111111111111111111111111111111 IIII
DEC 16, 2013 11:17 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 31.00
PAGES: 6
(THIS SPACE FOR RECUKUtK S ust)
ENCROACHMENT AGREEMENT NO. 13 -0003
The CITY OF POWAY (herein called CITY) does hereby give permission to Chinmaya
Mission San Diego, a California non - profit corporation, owner(s) of 12249 91" Street, Poway, CA
(herein called PERMITTEE(S)), to encroach within the City's right -of -way for the purposes of
installing and maintaining a gate.
The limits of said encroachment are as shown on Exhibit A, attached hereto, and made
part hereof, and described as follows: a 2 -panel gate crossing over a City water easement.
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--03
RECORDING REQUESTED BY
CITY OF POWAY
11 AND WHEN RECORDED MAIL TO:
�\
CITY CLERK
`kP'
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
APN: 317 - 021 -30
D 0 C ## 201 3 -0721 658
111111111111111111111111111111111111111111111111111111111111111111 IIII
DEC 16, 2013 11:17 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 31.00
PAGES: 6
(THIS SPACE FOR RECUKUtK S ust)
ENCROACHMENT AGREEMENT NO. 13 -0003
The CITY OF POWAY (herein called CITY) does hereby give permission to Chinmaya
Mission San Diego, a California non - profit corporation, owner(s) of 12249 91" Street, Poway, CA
(herein called PERMITTEE(S)), to encroach within the City's right -of -way for the purposes of
installing and maintaining a gate.
The limits of said encroachment are as shown on Exhibit A, attached hereto, and made
part hereof, and described as follows: a 2 -panel gate crossing over a City water easement.
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--03
Encroachment Agreement No. 13 -0003
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 $2,000,000 for personal injury and $250,000 for property damage). This policy shall
name CITY and its officers, agents and employees as additional insured, and shall constitute
primary insurance as to CITY and its officers, agents and employees, so that any other policies
held by CITY shall not contribute to any loss under said insurance. The policy shall provide
for thirty (30) days prior written notice to CITY of cancellation or material change.
Encroachment Agreement No. 13 -0003
Page 3
This agreement is granted pursuant to action taken by the CITY OF POWAY on the
/o day of 2013.
OWNER: Chinmaya Mission San Diego
L0
Its:
Srinivas Sukumar
President
Rangarajan Sampath
Its: Secretary
CITY OF POWAY
By: ..4x
�SfL<en R. Crosby, P.E.
City Engineer
Approved as to Form:
Office of the City Attorney
Vim{
Mor an L. Foley, City Attorney
I"
Date:
Date:
(Signatures must be notarized.)
M:\engseN\Clapp W g ree m e n is \C h i n m a y a \E RA. d o cx
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CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On A, ZLYbefore me, _
Date /�
personally appeared �TEr/C ii
PHYLLIS SHINN
Commission M 1956215
Notary Public • California z
Z San Diego County s
My Comm. Ex Tres Nov' 9, 2015
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who proved to me on the basis of satisfactory evidence to
be the person(kwhose name($) is/a)(-, subscribed to the
within instrument and acknowledged, to me that
he /*e/t* executed the same in hisA*/tl`tr authorized
capacity(*, and that by his/fW/06ic signature(N' on the
instrument the person(, 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 hand dhd official seal.
Signature /%
Place Notary Seal Above Signature of Notary Public
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and could prevent fraudulent removal and reattachment of this form to'another document.
Description of Attached
Title or Type of Document:
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Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer— Title(s): —
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
• Guardian or Conservator
• Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
• Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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RIGHT THUMBPRINT
.. "OF SIGNER,
®2007 National Notary Association, 9350 De SotoAv,P.O. Bw 2402•Cha�h, CA 91313-2402, w NavonalNOtaryorg Ilemx5907 Reorder Call TdLF- reel- BOPe766e27
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County
On),ICez%60e /��Z�/gefore me, G/
Data
personally appeared 1,411/141S __ Lk,14
�/IA��7�9✓1�4 /fill/ �iv��°A� ,
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PHYLLIS SHINN
Commission at 1956215
y5 _e Notary Public California, i
Z San Diego County
My Comm. Expires Nov 9, 2015+
who proved to me on the basis of satisfactory evidence to
be the person(s) whose-name(s) 0/are subscribed to the
within instrument and acknowledged to me that
tjVsWhey executed the same in bis/hy0heir authorized
capacity(ies), and that by IV(s/1-Wheir signature(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 d official seal.
Signature
Place Notary Seal Aaove Sgnature of Notary Pudic
OPTIONAL
Though the information below is not required by law, it may prove valuable Yo persons relying, on the document
and could prevent tmudulent removal and reattachment of this form to another document.
Description of Attached Document � —Z,17–
Title or Type of Document: G/� � jy /vr�>"/ �t/�GG �"d • /� O�y�
Document Date: Z9/,y Number of Pages:
Signer(s) Other Than Named Above: Jz�ia � y ?. oleos.
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer — Title(s): —
El Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02007 NaborW Notary As ation• 935) De Soto Aw, P.O.Box 2402•Chatsw . CA 913132402•www.NaborialNotaryorg Item k5907 Reorder:Call Toll -Free 1- 906816682]
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