Encroachment Agreement No. 13-0001 2015-0228121RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
DOC# 2015 - 0228121
11111111111 VIII II II I IIII 111111 IIP�I VIII VIII I III I Illit VIII IIII I I II
May 07, 2015 01:49 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $33.00
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMFNT NO. 13 -0001
The CITY OF POWAY (herein called CITY) does hereby give permission to PPDW, LLC, a
Delaware limited liability company, owner(s) of 13301 Poway Road, Poway, CA (herein called
PERMITTEE(S)), to encroach within the City's Easement for the purposes of using and maintaining
a grease interceptor and access ramp.
The limits of said encroachment are as shown on Exhibit A, attached hereto and made a
part hereof, and described as follows: A grease interceptor located in the alley west of the existing
structure and an access ramp to the structure from the alley.
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 -03`i
Encroachment Agreement No. 13 -0001
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. 13 -0001
Page 3
This agreement is granted pursuant to action taken by the CITY OF POWAY on the
- 7-M day of 2015.
Property Owner(s)
PPDW, LLC, a
Delaware limited liability company
i
By:
Jorge A. Lutteroth
Its: Manager
(Signatures must be notarized.) See, Q f{'QGh-161
Currraf 520/5 Aldl'zz n� �ij
STATE OF
SS:
COUNTY OF
On , 20 before me , a
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to
me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by
his /her /their 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.
WITNESS my hand and official seal.
Signature
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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 OcQ / /7 /2015 before me, L. Gleeson Notary Public
ere insert name and Re of the o icep
personally appeared PTO R 6 E A. L-U7TC 120TH
who pro to me on the basis of satisfactory evidence to be the person{e) whose
Is ubscribed to the w' In Instrument and acknowledged to me that
uthorized capacity(ies rand that by
@,6e
signature(s) on the ins rument the person(a), or the entity upon behalf of
h 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 and correct.
L. GLEESON ;
WITNESS my ha and official seal. 0 COMG E 196o1S40
'� NOTARY M # • CALIFORNIA Q
SAN DIEGO COUNTY n
+ CONN. EXPIRES NOV. 17, 2115 3
No V ub11 ign ure V (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
OF THE ATTACHED DOCUMENT
67n( roes ch ale
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(Tilyrar desaiption of attach loco ent)
(Till0aAescriplion of attached document continued)
Number of Pages i� Document Dale q
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version www.Nc)taryClasses.coni 810-873 9865
INSTRUCTIONS FOR COMPLETING THIS FORM
This (arm complies with current California statures regarding notary wording and,
if needed, should be completed and attached to the document. Acknolwedgents from
other stales may be completed for documents being sent to that state so long as file
warding does nol require the California notary to violate California notary law.
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Encroachment Agreement No. 13 -0001
Page 4
CITY OF POWAY
Steven R. Crosby, P.E.
City Engineer
Approved as to Form:
Office of the City Attorney
04wi,i4�1
Morg L. ole ,City ttorney
STATE OF
SS:
COUNTY OF
On , 201
Notary Public, personally appeared _,z
to be the person(s) whose n
me that he /she /they exect.
his /her /their sigr
person(s) acted,
me
who proved to me on the basis of satisfactory evidence
subscribed to the within instrument and acknowledged to
Lrd the same in his /her /their authorized capacity(ies), and that by
the instrument the person(s), or the entity upon behalf of which the
the instrument.
I certify under PF,aALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is t e and correct.
my hand and official seal.
ignature
WengseMLand Development Projects\2013TRA13 -0001 5 Guys.docx
CALIPORNIA 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 \ )
Coun of ..SA,4/
On T1f0eIL i, ZO/ JJ before me, �/iyyLL/f
Date c Here Insert Name and Title of the Officer
personally appeared JI L/E/� �. C &,w
Alame(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persono whose name is/aX,
subscribed to the within instrument and acknowledged to me that he/$k(e/t* executed the same in
his/*1t0i4r authorized capacity(i ", and that by hisA* /t r signature(Won the instrument the person(,
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.
PNYLUS SNINN WITNESS my hand prid official seal.
Commission M 1956215
a :•_
Z .p, � Notary Public - California
Z , San Diego County ' s►'"
My Comm. Expires Nov 9, 2015 - -+ Signature ignature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
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Description of Attached Document
Title or Type of Document: t'ym kj O Document Date: / /J!
Number of Pages: � Signer(s) Other Than Named Above: - JPAO(7E Z 7`Tt.P
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:
Signer's Name:
• Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
• Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
rl Other-
Signer Is Representing:
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