Encroachment Agreement No. 14-009 2015-0078878RECORDING REQUESTED BY
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P 0 BOX 789
POWAY, CA 92074
DOC# 2015 - 0078878
111111 VIII VIII VIII IIII 111111 VIII VIII VIII VIII VIII VIII IIII IIII
Feb 23, 2015 10:48 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $39.00
(THIS SPACE FOR RECORDER's USE)
ENCROACHMENT AGREEMENT NO. 14 -009
The CITY OF POWAY (herein called CITY) does hereby give permission to Elwood Norris,
and Stephanie A. Norris, Trustees of EGN Holdings, LLC, a California Limited Liability Company,
owner of City of Poway Tract Map 01 -03 according to Map No. 14940, Poway, CA (herein called
PERMITTEE), to encroach within the City's Right -of -Way for the purposes of installing lodge pole
fencing on both sides of Murel Trails within the subject property, and construct a monument sign at
the entrance.
The limits of said encroachment are as shown on Exhibit A, attached hereto and made a
part hereof, and described as follows: ENCROACHMENT AGREEMENT FOR LODGE POLE
FENCING AND MONUMENT SIGN.
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 C /-)
Encroachment Agreement No. ERA14 -009
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 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. ERA14 -009
Page 3
This agreement is granted pursuant to action taken by the CITY OF POWAY on the
28 day of .lAi✓kA>¢Y 2015.
PROPERTY OWNER
EGN Holdings, LLC
a California Limited Liability Company
Norris Family 1997 Trust, Member
w
By�
Elwood Norris, Trus ee
By: ��- t%1 •
ephanie A. Norris, Trustee
CITY OF POWAY
Af
e en R. Crosby, P.E.
City Engineer
(Signatures must be notarized.)
Approved as to Form:
Office of the City Attorney
W t
Morg tj ole City A torney
Wengsery \000 doc templates \encroachment agreement 2.09.docx
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California l )
Count //y of �f)n/ //
OnVAAlb(Af 24 20 /% before me, Y'/i7�Ll1 r �%� //7�iy /Y/iAj2Y ?4&410
I )ate Here Insert Name and Title of the Officer
personally appeared
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Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) j)lVare
subscribed to the within instrument and acknowledged to me that Ws'he /they executed the same in
Nfi/Wtheir authorized capacity(ies), and that by F1 Wt/ lr-Jtheir signatures) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
PHYLLIS SHINN
commission N 1956215
i ; a Notary Public - California z
Z San Diego County
My Comm. Expires Nov 9. 2015 l
Place Notary Seal Above
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
ignature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document /
Title or Type of Document: eA�O,IC ocument Date�f%/yuiACy2�2d /J
Number of Pages: — 7 Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
• Individual ❑ Attomey in Fact
• Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
• Corporate Officer — Tdle(s):
• Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
F1 Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
CALIFORNIA . . . r MENT CIVIL COD
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California \\ )
Count y of iJi✓
On Jii/�uy2 before me,
Date C, Hew Insert Name and Title of the Officer
personally appeared
V
Name(s) of
who proved to me on the basis of satisfactory evidence to be the person whose name() is/sk
subscribed to the within instrument and acknowledged to me that he/sl /tlji executed the same n
hisR)ff(/th* authorized capacity( and that by his/PoEdt(ir3i�signature(�f on the instrument the person(§,
or the entity upon behalf of which the person(kacted, 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.
PHYLLIS SHINN WITNESS my hand and official seal.
Commission M 1956215
i ,� _ Notary Public - California i
Z San Diego County = Signature
M Comm. Ez ires Nov 9. 2015 Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Docrmeat 2
Title or Type of Document: ocu_ment Date: /1u ,Zdi`,2,421vl
Number of Pages: —7— Signer(s) Other Than Named Above: 14E114,VP D NO/?R I'S
Capacity(ies) Claimed by Signer(s) 57-CPHi9N /E Y1. 1WI0 /S
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ 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:
02014 National Notary Association • www.NationaiNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
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SHEET 3
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EXHIBIT 'A' SHEET 2 OF 4
ENCROACHMENT FOR LODGE POLE FENCING
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PROPOSED _
MONUMENT
SIGN
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HAVEDROA ROM
CURB
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OF LODGE POLE
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36" TALL LODGE. �
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EXISTING
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APN 321-210-71
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60' pD #1
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EXISTING EASEMENTS:
DD #1 ROAD, DRAINAGE AND PIPELINE
EASEMENT TO CITY OF POWAY
PER F/P NO. 81- 397166, REC.
12- 21 -81, O.R.
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EXHIBIT 'A' SHEET 3 OF 4
ENCROACHMENT FOR LODGE POLE FENCING
AND MONUMENT SIGN
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APIN 321- 270 -77
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APN 3211- 270 -71
EXISTING
2' -2" FROM
FACE OR
TO CENTER LINE
OF LODGE POLE
EXISTING EASEMENTS:
DD#1 ROAD, DRAINAGE AND PIPELINE
EASEMENT TO CITY OF POWAY
PER F/P NO. 81- 397166, REC.
12- 21 -81, O.R.
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EXHIBIT 'A' SHEET 4 OF 4
ENCROACHMENT FOR LODGE POLE FENCING
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APN 32-1- 270 -75
EXISTING
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EXISTING EASEMENTS:
D0 #1 ROAD, DRAINAGE AND PIPELINE
EASEMENT TO CITY OF POWAY
\ PER F/P NO. 81- 397166, RED.
12- 21 -81, O.R.
\ DD#2 OPEN SPACE EASEMENT TO
\ COUNTY OF SAN DIEGO PER F/P
NO. 80- 209316, RED. 7 -2 -80,
O.R.
W01415