Encroachment Agreement No. 15-0001 2015-0109524RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY. CA 92074
DOC# 2015 - 0109524
1 111111 VIII VIII VIII IIII111111 IIII VIII VIII VIII VIII VIII IIII IIII
Mar 10, 2015 03:31 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $30.00
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT NO. 15 -0001
The CITY OF POWAY (herein called CITY), does hereby grant to the Mullett Revocable
Family Trust, owner(s) of the property located at 14154 Donart Drive, Poway, CA (herein called
PERMITTEE(S)), permission to encroach within the City's easement for the purposes of
installing and maintaining ground mount solar panel improvements.
The limits of said encroachment are as shown on Exhibit A, attached hereto and made a
part hereof, and described as approximate 760 square feet of ground mount solar panel
improvements, a portion of which is to be installed within the City's existing trail easement,
according to Map No. 11295, located at the rear of the subject property.
Said permission is given subject to PERMITTEE, its heirs, successors or assigns, by
accepting the same, agreeing to the following conditions:
1. The consent granted 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 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 consent
contained herein relates only to the prior rights of CITY by virtue of its easement in said lands,
and nothing contained herein shall be deemed a representation by CITY of the right to grant an
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 easement resulting from future operation of the CITY's facilities by CITY within the
easement;
4. This assignment is made 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;
j S-O;LD
Encroachment Agreement No. 15 -0001
Page 2
5. Only those utilities or improvements described above are permitted along or
across the easement. If other utilities or improvements are proposed, an additional
encroachment 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 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 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 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 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 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 easement, sufficient Liability
Insurance covering all bodily and property damage arising out of this permit (at least $1,000,000
for personal injury and $250,000 for property damage). This policy shall name CITY and its
Encroachment Agreement No. 15 -0001
Page 3
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.
This agreement is granted pursuant to action taken by the CITY OF POWAY on the
ZCe 4:6 day of Feb , 2015.
ACCEPTED:
MULLETT REVOCABLE FAMILY TRUST CITY OF POWAY
By 16z.— rf%Gwr , /AF
William E. Mullett even R. Crosby, P.E.
City Engineer
Its: '''�rY
(Signatures must be notarized.)
Approved as to Form:
Office of the City Attorney
Morg L. oley, City ttorney
M: \engserv\Land Development Projects\ 2015 \ERA15 -0001 MullettWullett ERA. dou
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CML CODE § 1189
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 \ )
County' of - S A,41 /j) / /J e /
On F6lu4�e11 ZO /J_ before me, 74y/l /j �14J,/,VX/, /v�J�%q Lf�GL=
Irate r 1 Here Insert Name and Title of the Officer
personally appeared W I LLI APPI iM U L &0
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(oq whose nam4 is/aX
subscribed to the within instrument and acknowledged to me that he /s * /tNy executed the same in
his/Wth)5ir authorized capacity(i*, and that by his/f* /tt)bl& signature(#) on the instrument the personk,
or the entity upon behalf of which the person(k 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.
PHYLLIS SHINN WITNESS my hand and official seal.
Commission # 1956215
i ,;;� - Notary Public • California i
= San Diego County ' Signature
M Comm. Ex Tres Nov 9. 2015 J gnature 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 Document
Title or Type of Document: FA�iQOr�C !//tlEi��/7eEF/JyEN7�Document Date:
Number of Pages: A- Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
• Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
• Individual ❑ Attorney in Fact
• Trustee ❑ Guardian or Conservator
• Other:
Signer Is Representing:
f�3.Zlo Z,07/j-
Signer's Name:
• Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑Trustee F1 Guardian or Conservator
r1 Other.
Signer Is Representing:
zap. -- - - - - - -- - -- - - - -
02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
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 )
County of __:�qit/ I�G O pp)
On L�g2GN Z, Z,9 /j— before me, Y'/yyLl /f �Jf%jt/�. /1/IfARJ��GI�GC�
Date I I Here Insert Name and Title of the Officer
personally appeared
of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person% whose named islaW,
subscribed to the within instrument and acknowledged to me that he /*e /tw executed the same in
his/Pt&jtWr authorized capacity(i&L and that by his/Wt%r signature(Oj pn the instrument the person(4,
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 hancland official seal.
PHYLLIS SHINN
Commission * 1956215
i ::; Notary Public - California z
Z vt' San Diego County ' Signature
M Comm. Ex Tres Nov 9, 2015 r 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 Docyrpent
Title or Type of Document: G e4opm; �Docyngent Date: t" - ZG,Z69/d
Number of Pages: f Signer(s) Other Than Named Above: 1411W,401 C, `I k i ( & T
Capaclty(ies) Claimed by Signer(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 — Tltle(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attomey in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.Nationa]Notary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
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EXHIBIT A
PROPERTY LINE
EXISTING CITY TRAIL /
j� EASEMENT PER MAP
\ \ N0. 11295
58 3• /
NORTH
ll,-6.
SED SOLAR
LOCATION