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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