Encroachment Agreement No. 13-0002 2014-0287106RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
320 - 220 -03
D 0 C # 2014-0287106
II IIII III 1111111111111111111111111111111111111111111111111111111111 IN
JUL 10, 2014 11:54 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 40.00
PAGES: 9
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT NO. 13 -0002
The CITY OF POWAY (herein called CITY) does hereby give permission to Sorrento West
Properties, Inc., a Delaware corporation, owner(s) of 11906 Tech Center Court, Poway, CA (herein
called PERMITTEE(S)), which property is more particularly described in Exhibit A hereto, to
encroach within the City's Right -of -Way for the purposes of installing and maintaining several gates
and fencing around the perimeter of the property.
The limits of said encroachment are as shown on Exhibit B, attached hereto and made a
part hereof, and described as follows: three powered gates including electoral serviced and
portions of a fence surrounding the property.
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, unless caused by the gross negligence
or willful misconduct of CITY;
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, except to the extent caused by CITY's gross negligence or willful
misconduct;
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;
CITY CLERK
j�
CITY OF POWAY
P 0 BOX 789
1�
POWAY, CA 92074
320 - 220 -03
D 0 C # 2014-0287106
II IIII III 1111111111111111111111111111111111111111111111111111111111 IN
JUL 10, 2014 11:54 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 40.00
PAGES: 9
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT NO. 13 -0002
The CITY OF POWAY (herein called CITY) does hereby give permission to Sorrento West
Properties, Inc., a Delaware corporation, owner(s) of 11906 Tech Center Court, Poway, CA (herein
called PERMITTEE(S)), which property is more particularly described in Exhibit A hereto, to
encroach within the City's Right -of -Way for the purposes of installing and maintaining several gates
and fencing around the perimeter of the property.
The limits of said encroachment are as shown on Exhibit B, attached hereto and made a
part hereof, and described as follows: three powered gates including electoral serviced and
portions of a fence surrounding the property.
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, unless caused by the gross negligence
or willful misconduct of CITY;
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, except to the extent caused by CITY's gross negligence or willful
misconduct;
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;
Encroachment Agreement No. 13 -0002
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 reasonable
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. Except to the extent of CITY's gross negligence or willful misconduct, 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, as soon as reasonably practicable following 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. In exercising the foregoing right to perform the
work the CITY shall make reasonable efforts to perform the work in compliance with PERMITTEE's
reasonable security requirements, including reasonable arrangement on the part of PERMITTEE to
allow the PERMITTEE's security guard or representative accompany CITY at all times.
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, Liability
Insurance covering all bodily and property damage arising out of this permit in the amount of at
least $2,000,000 for personal injury and $250,000 for property damage. This policy shall
Encroachment Agreement No. 13 -0002
Page 3
name CITY and its officers, agents and employees as additional insureds, and shall constitute
primary insurance as to CITY and its officers, agents and employees, so that any other policies
held by CITY shall not contribute to any loss under said insurance.
This agree ent is granted pursuant to action taken by the CITY OF POWAY on the
5 day of J't� f �,+,be/
_'2013.
SORRENTO WEST PROPERTIE/$, INC., CITY OF POWAY
a Delaware corporations //
Title:
Approved as to Form:
Office of the City Attorney
Morg L. oley, C, ity Al omey
\�
Steven R. Crosby, P.E.
City Engineer
(Signatures must be notarized.)
M: \engseMLand Development Projects\2013 \ERA13 -0002 - GA Fences \GA Bldg 24 ERA- Final .docx
Encroachment Agreement No. 13 -0002
Page 4
STATE OF CALIFORNIA )
SS
COUNTY OF )
On 0eWen4W,5 /d D) before me, Q(M(r b. 4ACA 4*A , Notary Public,
personally appeared Jvac,oh 6 • MmsA AeWA{2_ who proved to me on the basis of
satisfactory evidence to be the persorkW whose namc(s) is /AWsubscribed to the within instrument
and acknowledged to me that he /site /they executed the same in his/her /dtair authorized
capacity(josT and that by his /I er /their signatureksj on the instrument the personW,, 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 and official seal. JOYCEE.ZAACC MAN
AVIRM Commission • 2021097
ob Seal Notary Public - California
San Dlago County
(S re) My Comm. Expires Air 25, 2011
STATE OF CALIFORNIA )
) SS
COUNTY OR .✓ [�Q )
On before me, 7 HM/, /S J f/ /HH , Notary Public,
personally appeared ✓ who proved to me on the basis of
satisfactory evidence to be the personQ4 whose name (* is /* subscribed to the within instrument
and acknowledged to me that he /*e /toy executed the same in his/her/thifir authorized
capacity(kA), and that by his /I)0 /tIKr signaturekon the instrument the person( '4, or the entity
upon behalf of which the personoQacted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my,1 qnd and offi ' seal.
r,L [Seal] PHYLLIS SHINN
Commission N 1956215
($Ign re PONIg Notary Public - California i San Die ®o County
Comm. Ex fires Nov 9, 2015 r
Encroachment Agreement No. 13 -0002
Page 5
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
PARCEL A;
LOT 3 OF CITY OF POWAY TRACT 66- 02R(2) POWAY CORPORATE CENTER UNITS 2 AND 3,
IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 13944, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MARCH 13, 2000.
PARCEL B:
AN EASEMENT AND RIGHT OF WAY FOR PRIVATE DRIVEWAY, ACCESS AND VEHICULAR
AND PEDESTRIAN INGRESS AND EGRESS AND UTILITIES OVER THAT PORTION OF LOT 4
OF CITY OF POWAY TRACT NO. 8"2R(2) POWAY CORPORATE CENTER UNITS 2 AND 3 IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 13944, FILED IN THE OFFICE OF THE, COUNTY RECORDER OF SAN
DIEGO COUNTY, MARCH U, 2000, AS MORE FULLY DESCRIBED AND DEFINED IN THAT
CERTAIN GRANT OF RECIPROCAL ACCESS EASEMENT, RECORDED APRIL 12, 2000 AS
INSTRUMENT NO. 2000-0185572, OF OFFICIAL RECORDS OF SAN DIEGO COUNTY,
PARCEL.C:
EASEMENTS FOR PUBLIC UTILITIES, DRAINAGE AND INCIDENTAL PURPOSES AS
GRANTED AND DEDICATED ON SUBDIVISION. MAP.NO. 13944.
PARCEL D:
EASEMENTS IN ARTICLE '7 OF THE DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR POWAY CORPORATE CENTER MARCH 24, 2000 AS INSTRUMENT NO.
2000 - 0149044, OF OFFICIAL RECORDS.
END OF LEGAL DESCRIPTION
Encroachment Agreement No. 13 -0002
Page 6
EXHIBIT B
DEPICTION OF ENCROACHMENT AREA
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