Encroachment Agreement #14-0015 2014-0506482'Received
City Clerk's Office
RE�I RDING4REQUESTED BY:
CfLY -QF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POW". CA 92074
APN: 314 -721 -29
D a c # 201 4 - 0506482
IIIIIIIIII IIIIIII IIII IIIIIIII
NOV 20, 2014 8:38 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Emest J. Dronenburg. Jr., COUNTY RECORDER
FEES: 30.00
PAGES: 6
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT NO. 14 -0005
The CITY OF POWAY (herein called CITY) does hereby give permission to the John
and Shelly Leas Trust dated April 9, 2004, owner(s) of 13001 Triumph Drive, Poway, CA (herein
called PERMITTEE(S)), to encroach within the Citys Right -of -Way for the purposes of
maintaining a two-foot -high keystone wall.
The limits of said encroachment are as shown on Exhibit A, attached hereto and made a
part hereof, and described as follows: a two-foot -high keystone retaining wall and a 3' high
CMU wall located behind the existing sidewalk along Buckwood Street.
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, after, 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;
(mil � I
Encroachment Agreement No. 14 -005
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;
S. 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. 14 -005
Page 3
This agreemeptys ranted pursuant to action taken by the CITY OF POWAY on the
day of S &P�TEit'lcg �%2 , 2014.
Property Owner(s): John and Shelly Leas Trust
B /L`2 'vJ/V�-
John Charles Leas, Trustee
CITY
Leas, Trustee
I
Approved as to Form:
Office of the City Attorney
jld�* d6
.:. .
CITY OF POWAY
(Signatures must be notarized.)
M: \engsery \Land Development Projects \2014 \ERA14 -005 Leas \ERA.docx
Steven R. Crosby, P.E.
City Engineer
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
Date 'Jn , Name and Title of the 9kcer �
personally appeared _Joh4 � f`
It6 1�' Si��GtS�CC �' tl!!
Names) of Signers)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) - isfare
subscribed to the within instrument and acknowledged
to me that hefshe✓they executed the same in
hisfhedtheir authorized capacity(ies), and that by
hisfher /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
Q CVIRGINIA WAIT SCHANG person(s) acted, executed the instrument.
COMM. 01918243
NOTARY PUBLIC •CALIFORNIA I certify under PENALTY OF PERJURY under the laws
SAN DIEGO COUNTY ° of the State of California that the foregoing paragraph
armssm Dec 21, 2014 is true and correct.
WITNESS my and and offi ' I seal.
Place Notary Seal Above Signature:
ignature of No &y Public
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❑ Corporate Officer — Title(s):
❑ Partner — L Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer— Title(s):
• Partner — ❑ Limited ❑ General
• Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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E.Txwyy,71m(r. MA, 10 R-MUEM1. III
State of California
County of )2
On before me, V
V ill0.> ✓v OL�e - lRi7�d1. r ojmr
WITNESS my and and offi ' I seal.
Place Notary Seal Above Signature:
ignature of No &y Public
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Number of Pages:
Document Date:
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Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — L Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer— Title(s):
• Partner — ❑ Limited ❑ General
• Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
s _
E.Txwyy,71m(r. MA, 10 R-MUEM1. III
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
_ALA<vA...AIA...A..A _A...A .A. A •A ..A. A.. A A. A • ..0 _A ..A ..A �%a..A...A. A •A 9 0 A _A _A.
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County of cJi>t/l� LI'E �
On- 'f'!E% &XZfj ZO1y before me, 7*YZ Z 1 JH /rt/.d ,r//�yayy�G�yL 1 C -
Date I Here Insert Name and T41e of Me Officer
personally appeared
PHYLLIS SHINN
Commission • 1959215
z v Notary Public • California i
San Diego County '
Comm. Expires Nov 9.2D15 r
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the personKwhose name(k is/a)bsubscribed to the
within instrument and acknowledged to me that
he /4Ve/thify executed the same in his/t*/ttldir authorized
capacity(i*, and that by his/Wt[ft Irk signature(* on the
instrument the person(k), 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 atpd official seal.
Signature
SignaNre d Notary Pubic
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Description of Attached G�C/ Document I� (�
Title or Type of Document: iQO RH EA r A�L�%Z1C� %f�f%- /�—�Mcs
Document Date:
.P 0
Signer(s) Other Than Named Above: Cf
Capacfty(tes) Claimed by Signer(s)
Signer's Name:
❑ Individual
Number gt Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
02007 National NotW Assodetlon• 9350 De Sob Aw., P.O. BM 2402- Cheanvorlh, CA 91313- 2402•w Naft*Nolary.neg hern45907 Remder.CelITdFFn*1- 00687 6-8827
LEAS RESIDENCE
13001 TRIMPH DR.
POWAY, CA. 92064
EXHIBIT "A"
a
NEW VINYL FENCE
ON WALL -
514" NEW PLANTING
W/ DRIP IRRIG.
EXIST. GRADE L NEW CMU WALL 3s.11w MAX. AREA OF
EXLST. KEYSTONE Bl' I
ENCROACHMENT pRLWOUSOWN ER
SEE DETAIL \ 181.
EusL LAWS
Wl irriC• CAB;I�eC_�_``
EXIST.
I I POOLSPA -
EXIST•
EXIST.
- -- - PERM. PAVERS.
—� EXIST
/ EXIST. ' LAWN/
1 DECK IRRIG.
1 —L_
EXIST.
(CARPORT
1
I EXIST.
RESIDENCE
EXIST. EXIST.
DRIVE LJS
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ENCROACHMENT
AREA DETAIL
CROSS SECTION A -A