Encroachment Agreement No. 14-0002 2014-0140860RECORDING REQUESTED BY
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
1Ly✓ P O BOX 789
POWAY, CA 92074
31
D o C # 201 4 -01 40860
111111111 III IIIII IIIII IIIII IIIII IIIII III IIIII IIIII II II IIIII IIII IN
APR 09, 2014 4:33 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 31.00
PAGES: 6
(THIS SPACE FOR RECORDER's USE)
ENCROACHMENT AGREEMENT NO. 14 -0002
The CITY OF POWAY (herein called CITY) does hereby give permission to Pomerado
Leasing No. 5 L.P.; a California limited partnership, owner(s) of'the property located at 13000 Gregg
Street, Poway, CA (herein called PERMITTEE( S)), to encroach within the City's Right -of -Way for the
purposes of constructing and maintaining electrical and communication conduits.
The limits of said encroachment are as shown on Exhibit A, attached hereto and made a part
hereof; and described as follows: multiple electrical'and communication conduits.
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'suboct 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,.thaf 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- wayand 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;
l/l -or$
Encroachment Agreement No. 14 -0002
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
cosf'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 $250,000for property damage). This policy shall name CITY and
its officers, agents and employees as additional insured, and shall constitute primary insurance as to
CITY and its officers, agents and employees, so that any other policies held by CITY shall not
contribute to any loss under said insurance. The policy shall provide for thirty (30) days prior written
notice to CITY of cancellation or material change.
Encroachment Agreement. No. 14 -0002
Page 3
This agr ment is granted pursuant to action taken by the CITY OF POWAY on the �5
day of , 2014.
Property Owner(s): Pomerado Leasing No. 5 L.P.
By: Whitmann Inc a California corporation
GTIP er
By:
niel M. Whitaker, Secretary
CITY OF POWAY
Leven R. Crosby, P.E.
City Engineer
(Signatures must be notarized.)
Approved as to Form:
Office of the City Attorney
Morgafls y, qty Attor ey
M: \engsery \Land Development Projects \2014 \ERA14 - 0002 \ERA.docx
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
State of California
County of'�%° r
On /f'(s'i Z$ 2-014 before me, �"^ � vWl5- F✓`�l o.- 40 ?a
D fe Here Insert Name and Title of the Officer
personally appeared �� ✓ti w�1^ ��
Name(s) of Sioner(sl
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Signature: `-'
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document /�
Title or Type of Document: EA GIOrt.�lnyno v� �j far�rn. No; 1L7 -0002
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Document Date: _ 312411 Cyr -5r C,/w- -i Number of Pages: CA -t
Sigrier(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
IX Corporate Officer'— ❑ Corporate Officer — Title(s):
❑ Individual - ❑ Individual MMUMMILMium
❑ Partner — ❑ Limited ❑ General Top of,thumb here ❑ Partner — ❑ Limited ❑ Generale Top of.thumb here
❑ Attorney in Fact ❑ Attorney in Fact
❑ Trustee ❑ Trustee
• Guardian or Conservator ❑ Guardian or Conservator
• Other: ❑ Other:
S,��r Is Representing: Signer Is Representing:
Notary Association • NationalNotary.org - 1- 800 -US NOTARY (1- 800 -876 -6627)
who proved to me on the basis of satisfactory
evidence to be the person(sj whose namepO is /are-
subscribed to the within instrument and acknowledged
to me that he /sbe/tfaey executed the same in
his/hepftkeir authorized capacity"(ies), and that by
hisiherMteir signature(eY on the instrument the
persori( i or the entity upon behalf of which the
person(sracted; „executed the instrument.
DIANE WESTRUP
COMM. #1959740 In
I certify underPENALTY OF PERJURY under the
V
NOTARY PUBLIC -CALIFORNIA w
laws of the State of California that the foregoing
SAN DIEGO;COUNTY
paragraph h is true�and. correct.
oMon .;
0i1rMDCCEmmisER 5 5es
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WITNESS, my hand and official seal.
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Signature: `-'
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document /�
Title or Type of Document: EA GIOrt.�lnyno v� �j far�rn. No; 1L7 -0002
Sc
Document Date: _ 312411 Cyr -5r C,/w- -i Number of Pages: CA -t
Sigrier(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
IX Corporate Officer'— ❑ Corporate Officer — Title(s):
❑ Individual - ❑ Individual MMUMMILMium
❑ Partner — ❑ Limited ❑ General Top of,thumb here ❑ Partner — ❑ Limited ❑ Generale Top of.thumb here
❑ Attorney in Fact ❑ Attorney in Fact
❑ Trustee ❑ Trustee
• Guardian or Conservator ❑ Guardian or Conservator
• Other: ❑ Other:
S,��r Is Representing: Signer Is Representing:
Notary Association • NationalNotary.org - 1- 800 -US NOTARY (1- 800 -876 -6627)
,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California /)
County of
On -?/ 2tV/ before me, �yy���s JHrri/.�! /f//�Ai1yi�GfgL
Date I n 1 _ Hera Insert Name and Trtle of the OMcer
personally appeared
IS SHINN
Commission O 1956215
Notary.Public.• California s
San Diego county
M Comm. E Tres Nov 9, 2015+
who proved tome on the basis of satisfactory evidence to
be the person(, whose name* is/oe subscribed to the
within instrument and acknowledged; to me that
he /sWt* executed the same in his/her /tW authorized
capacity(i�s), and that by his/horftP,t¢ir signature(X on the
instrument the person(§), or the entity upon behalf of
which the persoMg§) 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 a official seal.
���
Signature ,�t-�
Above C gnature o
Place Notary Seal f Notary Public
OPTIONAL
Though the information below is :not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document /! /�/r?y e I
Title or Type of Document: �Jt'«�i�C/l ���r �yK icy f ! "'t – Wr% • �OQz-
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signers Name:
• Individual
• Corporate' Officer —•Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
RIGHTTHUMBPRINT
OF SIGNER
in
of Pages:, '7
Signer's Name:
❑ Individual
❑ Corporate Officer— Title(s):
❑ Partner — ❑ Limited O General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRIN_T
OF SIGNER
02007 National Notary Association, 9350 De Smo Ave., P.O. Box 2402• Chatsworth, CA 91313- 2402•w NatonalNoizryorg tem #5907 Reorder: Call Toll Free 1 - BM876-6827
EXHIBIT'A'
SCRIPPS POWAY PARKWAY
/ EXISTING WATERLINE PROPERTY LINE, TYP -
20' WATERLINE EASEMENT - �I
PER DOC. NO. 2000-0290062 82.35'
REC RDED 06/02/2000 y
77=51\ -1 h
I _ i,� � I
28' -
I III (3) 1" C. + SPARES 130'
FOR'ELECTRICAL AND
I I COMMUNICATIONS
I 1 73.68' I -
1 .4 L
6W
O
I
I
(2) 2" +(2) 1" C. + SPARES I
FOR ELECTRICAL AND
COMMUNICATIONS
IJ I
SCALE: 1/64"=l'-O"
GRGE GST E
13000 GREGG ST. SUITE'C'
POWAY, CA 92064