Encroachment Agreement No. 14-0001 2014-0157548RECORDING REQUESTED BY:
CITY OF POWAY
t AND WHEN RECORDED MAIL TO:
D 0 C # 201 4 -01 57548
111111111 I I 1 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 1111 IN
APR 21, 2014 11:27 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dionenburg, Jr., COUNTY RECORDER
FEES: 31.00
PAGES: 6
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT NO. 14 -0001
The CITY OF POWAY (herein called CITY) does hereby give permission to Poway Garden
Road Associates; LLC owner(s) of 14260 Garden Road, Poway, CA (herein called
P.ERMITTEE(S)), to encroach within the City's Easement for the purposes of connecting private
drainage to an existing public storm drain system.
The limits of said encroachment are as shown on Exhibit A, attached hereto and made a
part hereof, and. described as follows: Connection' of a 6" PVC private storm drain pipe to an
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;
lV_01R
CITY CLERK
Q,
CITY OF POWAY
(ter q'
P O BOX 789
POWAY, CA 92074
D 0 C # 201 4 -01 57548
111111111 I I 1 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 1111 IN
APR 21, 2014 11:27 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dionenburg, Jr., COUNTY RECORDER
FEES: 31.00
PAGES: 6
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT NO. 14 -0001
The CITY OF POWAY (herein called CITY) does hereby give permission to Poway Garden
Road Associates; LLC owner(s) of 14260 Garden Road, Poway, CA (herein called
P.ERMITTEE(S)), to encroach within the City's Easement for the purposes of connecting private
drainage to an existing public storm drain system.
The limits of said encroachment are as shown on Exhibit A, attached hereto and made a
part hereof, and. described as follows: Connection' of a 6" PVC private storm drain pipe to an
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;
lV_01R
Encroachment Agreement No.
Page 2
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;
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 oi• 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;
i
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 o,r 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 can icellation or material change
Encroachment Agreement No.
Page 3
This agree ent is granted pursuant to action taken by the CITY OF POWAY on the
day of 2014.
Property Owner(s)
By:�TG
Robert Sherwood, Manager
Poway Carden Road Associates, LLC
(Signatures must be
Approved as to Form:
Office of the City Attorney
(JAWX'U 640
Morgan . Fol y, c4Qttor e
CITY OF POWAY
-STeven R. Crosby, P.E.
City Engineer
notarized.)
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PHYLLIS SHINN
Commission '# 1956215
Notary Public - California
San Diego, County.
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who proved to me.on,the,basis of satisfactory evidence to
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instrument the person(A), or the entity upon behalf of
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I certify under PENALTY OF PERJURY under the, laws
of the State of California that the foregoing paragraph is
true and correct.
I
WITNESS my han d official seal.
Signature
Place Notary Seal Above ! Signature of 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 reattachme I nt 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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Notary Public - California
San Diego Count'
M Comm. Ex ires Nov 9. 2015
who proved to me on the basis of satisfactory evidence to
be the!NpersonW whose name(*is/a• subscribed to the
within P instrument and acknowledged to me that
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which u the person acted, executed the instrument.
I certify under PENALTY OF PERJURY underthe laws
of the State of California that the foregoing, paragraph is-
true an
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Place Notary Seal Above
OPTION,
Though, the information below is not required bylaw, it may F
and could prevent fraudulent removal and reattach
Description of Attached Document
Title or Type of Document: ZN2q/'C.�i>��i e7A1`.
Document Date: n / L G. 2 Q/
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer —Title(s): —
[I Partner — ❑ Limited ❑General
❑ Attorney in Fact
❑ Trustee
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❑ Other:
Signer Is Representing:
RIG_HTTHUMBPRIN_T.
OF SIGNER
iS my hand d official seal.
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Signature of Notary Public'
)e valuable to persons relying on the document
int of this form to another document.
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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PROP 6" PRIVATE STORM DRAIN
;.APN 323- 352 -25
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CONNECTION PER SDRSD D -63
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