Encroachment Agreement No. 14-0007 2014-0566103RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
APN: 323-
DOC# 2014 - 0566103
11111111111 IIII I VIII IIII 11111111111 VIII VIII VIII VII I VIII IIII IIII
Dec 23, 2014 12:01 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
Received SAN DIEGO COUNTY RECORDER
City Clerk's Office FEES $27.00
JAN 23 2015
CITY OF POWAY
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT NO. 14 -0007
The CITY OF POWAY (herein called CITY) does hereby give permission to Laurie
Shusterman, owner of 13131 Acton Avenue, Poway, CA, (herein called PERMITTEE), to encroach
within the City's Right -of -Way for the purposes of constructing and maintaining a fence along the
southern property line.
The limits of said encroachment are described as follows: a maximum five - foot -high fence
starting at the east end of the existing driveway on Kittery Street extending east to the southeast
corner of the property. The fence is a minimum of 12" north of the face of the curb on Kittery
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, 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;
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;
Encroachment Agreement No. 14 -0007
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 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 -0007
Page 3
Q� This agreement is ranted pursuant to action taken by the CITY OF POWAY on the
` day of Q^a�1SL1� 12014.
Property Owner s)
By:
Laurie S terman
Approved as to Form:
Office of the City Attorney
vV
Morg tj ole City ttorney
CITY OF POWAY
'Steven R. Crosby, P.E.
City Engineer
(Signatures must be notarized.)
M:\engsery \Land Development Projects\2014\ERA14 -0007 Shusterman \ERA.docx
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California l
County of 5ek-2 b;4-0 J} p
On /v /t/ V before me, /lb'Sa /parry. /� �i'neZ. Di �,c-
e Mere mean Name andTrWof me Officer
personally appeared L a ccr e Srtl cS fe✓ i'trx r7
amels) of Slgnar(s
411ROSA MARIA MARTM Commission No.20B0934
NOTARY PLIBLIC- CALIFORMA
SAN DIEGO COWRY
y Com1n. Eryra sEPTHER 7.2018
who proved to me on the basis of satisfactory evidence to
be the persono whose namekd is/are subscribed to the
within instrument and acknowledged to me that
he s i they executed the same in his&/their authorized
capacity(ied), and that by hisde their signature(s) on the
instrument the personal, or the entity upon behalf of
which the persono 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.
Signature Sign
� �R""
Place Notary Seal Apove Signature of Notary Pudic
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
Title or Type of Document: EN <' f0acl ee/fteit MO IY-6607
Document Date: abky Number of Pages: 7
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
• Corporate Officer — Title(s): —
❑ Partner— ❑ Limited ❑ General
• Attorney in Fact
• Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGIRTMUMBPRINr
OF SIGNER
Signer's Name:
❑ Individual
• Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
• Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
R17-77 UrIBPRINT
CF SIGNER
State of California /) 1
Counn/tt�y,, of':A'; I/
On Gt '7 Z before me, Alz �G-
ate Here Insert me entl Title W the OMCar
personally appeared
PHYLLIS SHINN
Commission ♦ 1956215
Z Notary Public - California z
= San Diego County
M Comm. Expires Nov 9, 2015 r
Place Notary Seat Abwa
who proved to me on the basis of satisfactory evidence to
be the person(j(),whose name(k) is/a)&subscribed to the
within instrument and acknowledged to me that
he/s)6Af%y executed the same in his/lyar/tf* authorized
capacity(i *, and that by his/ror /tftrsignature(A on the
instrument the person(g), or the entity upon behalf of
which the person(?A 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
Signature Wary 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
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(fes) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Off icer — Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
c,17-1l1a. Iy Do07
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:
OF SIGNER
02997 NeUonal Notary ASwtlatien• 9350 De SOW Aw., P.O.Boz 2402,GMa wrtlt, CA 91313-2402,w ..Naftm!NOburyorg nam #5907 Reorcler:CaIITOA -R 1- 00 0 87 5-6 9 27