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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 14 ,\ 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) 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 . WITNESS, my hand and official seal. 14 ,\ 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 arGa;Gw,CatG:i._�ta..» • a�C».N.: aL_aK. as »• arG' _ar =nvv_» - as: .a�,� *�.�a. _os� a a. a4a a aL�' 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