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Encroachment Agreement No. 15-0004 2015-0175786RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY, CA 92074 APN: 323 - 010 -23 DOC# 2015 - 0175786 Apr 14, 2015 10:27 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES. $33.00 (THIS SPACE FOR RECORDER'S USE) ENCROACHMENT AGREEMENT NO. 15 -0004 The CITY OF POWAY (herein called CITY) does hereby grant to Carol A. Shean, owner(s) of the property located at 13883 Belvedere Drive, Poway, CA (herein called PERMITTEE(S)), permission to encroach within the City's right -of -way for the purposes of installing and maintaining a portion of concrete driveway and curb, a portion of a retaining wall, and drainage improvements. 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 DRIVEWAY, CURB, AND DRAINAGE IMPROVEMENTS. 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 right -of -way, 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 right -of -way in said lands, and nothing contained herein shall be deemed a representation by CITY of the right to grant a right -of -way 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 resulting from future operation of the CITY's facilities by CITY within the right -of -way; 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; /S W 7 Encroachment Agreement No. 15 -0004 Page 2 5. Only those utilities or improvements described above are permitted along or across the right -of -way. 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 right -of -way 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 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 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, 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 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, 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 -0004 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. his agreement is granted pursuant to action taken by the CITY OF POWAY on the QQ day of MA<C ll 2015. PROPERTY OWNER By: � \ / — Owner - Approved as to Form: Office of the City Attorney J l ... F CITY OF POWAY Steven R. Crosby, P.E. City Engineer (Signatures must be notarized.) Wengserv\Land Development Projec ts\2015 \ERA15- 0004Shean\.Shean ERA.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 1\ ) County of _f1,/ I E -2; O On x'4"1- 3o1 Zt before me, ��/yLzis GI4,e-CC_ Date n \ Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(,)o whose name() is/alr4 subscribed to the within instrument and acknowledged to me that he /s*tt* executed the same in his/flidr/trKir authorized capacity(IK, and that by his/WthVr signatureWon the instrument the person(,ti?i, or the entity upon behalf of which the personk 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 d official seal. PHYLLIS SHINN Commission • 1956215 � :�,;� Notary Public - California = Z San Diego County > Signature aM Comm. Ea ires Nov 9. 2015 r ignature 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 Docurpent Title or Type of Document: E A /S- OOO Document Date: Number of Pages: _J5 Signer(s) Other Than Named Above: —' Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Tdle(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Tdle(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationaiNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907 California All- Purpose Acknowledgement 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 San Diego On 3 3G /y before me, n Raymond R Shafa, Notary Public 4 Personally appeared �aya / • SAt R Who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/are subscribed to the within instrument and acknowledged to me that -he /she /they executed the same in his /her /their authorized capacity(ieQ, & that by his /her /their signatureN on the instrument the person(M, or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true & correct. WITNESS my hand & official seal )' ature of Notary Public Description of Attached Document: Title or Type of Document: Document Date: 3 OFFICIAL SEAL RAYMOND R. SHAFA NOTARY PUBLIC - CALIFORNIA COMMISSION # 2091048 C y SAN DIEGO COUNTY My Comm. Exp. November 22. 2018 ADDITIONAL OPTIONAL INFORMATION 30 4)n en t (Seal) e6n� /Yo. l S' -Ova Number of Pages Created by Mail & Parcels Plus EXHIBIT 'A" SHEET i X2616 1A, 0 � r SEE SHEET 2 FOR I ENCROACHMENT DETAIL. PL M83 59,10W .?30.Op, 13883 BEL VEDERE DRIVE APN 323-010-2300 0 25 50 100 150 FRI NORTH SCALE: 1" =50' , EXHIBIT 'A" R14FFT 9 5X10'SDRSOD40, ENERGYDISSIPATER. a i O11 LFOF6 "DX STORM DRA1N 22 LFOFSDRSD G -1 6 " CURB FACE I AC 30.00_� v 435.35S.F OFP.CC. (� CONCRETE DRNWAY V I 17LFOFSDRSDC -6 RETAINING WALL. H= I'TO4' O 11 LF OF SDRSD 75 TYPE F CONCRETE DITCH 5X10' SDRSD D-40 ENERGY DISSIPATER. 13883 BELVEDERE DRIVE APN 323 -010 -2300 0 5 10 20 30 NORTH SCALE: 1" =10'