Encroachment Agreement No. 14-0006 2015-0210390RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY. CA 92074
APN: 317- 350 -73
DOC# 2015 - 0210390
111111 VIII VIII VIII I III 111111 VIII VIII VII I VII I VIII VIII IIII I I II
Apr 29, 2015 04:59 PM
OFFICIAL RECORDS
Ernest J. Cronenburg, Jr.,
SAN DIEGO CCUNTY RECORDER
FEES $30.00
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT NO. 14 -0006
The CITY OF POWAY (herein called CITY) does hereby give permission to Poway
Meadows Owners Association, a California nonprofit mutual benefit corporation, owner(s) of Lot D,
known as Yukon Way, of Map No. 15743, Poway, CA (herein called PERMITTEE(S)), to encroach
within the City's Right -of -Way for the purposes of installing and maintaining unlocked gates
crossing the sidewalk from the private street.
The limits of said encroachment are as shown on Exhibit A, attached hereto and made a
part hereof, and described as follows: two pedestrian gates extending from the private street,
"Yukon Way ", across the sidewalk adjacent to Lots 19 and 20 of Map No. 15743.
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;
/5 -030
Encroachment Agreement No. 14 -0006
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 -0006
Page 3
This agreement is, granted pursuant to action taken by the CITY OF POWAY on the
day of ^� Or1 1 2015.
Property Owner(s):
Poway Meadows Owners Association
a California nonprofit mutual benefit corporation
By.
Print: AQnov, 6,S<Ar lotyyd
Its: (Presld t /NViice- President)
By: dval"-- , %l
Print: t--1d4 �l �o5ei
I
Its: (Secretary / Treasurer or CFO)
Approved as to Form:
Office of the City Attorney
ZZ,
Morgan . Foley, Ci ttc ey
CITY OF POWAY
teven R. Crosby, P.E.
City Engineer
(Signatures must be notarized.)
M: \engserv\Land Development Projects \2014 \ERA14 -0006 Meadows\ERA.docx
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL 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 SAit/ I /E"6 O
On Aim 7, Z 19 / J— before me, - Ay-alf
Date A I i Here Insert Name and Title of the Officer
personally appeared
IMAName(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) jl{/are
subscribed to the within instrument and acknowledged to me that tWstm /they executed the same in
*.* /their authorized capacity(ies), and that by Ftis /hlfrJtheir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) 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 han and official seal.
�\ Commission * 1956215
Notary Public - California
San Diego County Signature �{
My Comm. Expires 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 Document ��
Title or Type of Document: ��NO • /Q ���CP Document Date: �' — /j
Number of Pages: Signer(s) Other Than Named Above:
Capacity(es) 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 — Title(s):
• Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
CALIFORNIA . . •a
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 . 3,4' Al 6 O )) / /%
On &I `1, Z� �J before me, Y HyLI /j -Pfi //Yid, /1�/� 144i4GCr=
Date Here Insert Name and Title of the Officer
personally appeared
0
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person* whose name(, is /ice
subscribed to the within instrument and acknowledged to me that he /s* /t executed the same in
his/R9r1th81"r authorized capacityQg), and that by his/h8Wt4bir signature(4,on the instrument the person(*
or the entity upon behalf of which the person*acted, executed the instrument.
.�� PHYLLIS SHINN
Commission #t 1956215
Notary Public - California i
San Diego County s
My Comm. Ex Tres Nov 9, 2015
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
Signature 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 Documen , /V�/ q
Title or Type of Docum t: ��� / 7'N�Q �D Document Date: 7_ 7-�✓J
Number of Pages: � Signer(s) Other Than Named Above: �jCi IEGCAN OSE
Capacity(ies) Claimed by Signers)
Signer's Name:
❑ Corporate Officer — Tftle(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
n Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
EXHIBIT A
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'.. SOUTHERN CROSS PROPERTY CONSULTANTS POWAY MEADOWS HOA
9uulhcrn 614 MORENA BLVD.. SUITE 210, SAN DIEGO, CA 92110
Goss PHONE 858-395 -665] FAX 619-2914010 APN: 317 - 350 -58, 317 - 350 -59, & 317 - 350 -73