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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 Uf (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. • Stale and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of nolariration must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public roust print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarintion. • Indicate the cornet singular or plural forms by crossing on incorrect fortes (i.e. he /she /they- is /ere) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ofdocument recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-swl if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public most match the signature on file with the otiiee of the county clerk. fi Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. 4• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e, CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. 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 fraudulent reattachment of this form to an unintended document. 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: O 1 • •- • • • • •• :11 0 :11 •1 II I m I (I I I I m Q I Q t I m II Q i POWAY ROAD a .•a .. a.1 APN 317- 473 -12 PEP r• .a r n r r, , r r .•, r a VT PER PE� . —�� Z— EX STREW OVERALL SITE PLAN �— N GROHM SCALE EXHIBIT A' - ENCROAW NT REMOVAL AGREEMENT APN 317- 473 -1$16 POWAY, CA SCALE 1=601 PASCO LARET SUITER & ASSOCIATES, INC. �e N2• PO70 mow 8N. 8A .ANA BF,ACF{ G' 9922'0'7 A 047£ 04 -1243 atmE0 8Y; BA T-• (�` % 259 -824P FAX (858) 259 -4812