Encroachment Agreement No. ERA15-003 2015-0274122RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
DOC# 2015 - 0274122
1 11111111111 IIIII IIIII IIII11111111111 VIII VIII VIII VIII VIII IIII IIII
May 29, 2015 11:51 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $33.00
PAGES:7
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT NO. ERA15 -003
The CITY OF POWAY (herein called CITY) does hereby give permission to Justin D.
Owens and Jessica Marie Moore Owens, trustees of Section H Trust, dated October 13, 2008,
(herein called PERMITTEE) owners of the following described real property in the City of Poway,
County of San Diego, State of California, described as follows:
(See Attached Legal Description Exhibit "A ")
to encroach within the City's easement for the purposes of installing a chain link gate and gate
bollards. The limits of said encroachment are as shown on Exhibit "B ", attached hereto and made
a part hereof, and described as two sections of chain link fence and gate, and two gate bollards for
securing the gate.
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 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 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 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 easement. If other utilities or improvements are proposed, an additional encroachment
removal agreement will be required;
Encroachment Agreement No. ERA15 -0003
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 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 $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, ERA15 -0003
Page 3
This agreeme t is granted pursuant to action taken by the CITY OF POWAY on the
,.,-This
of Alalq /L 2015.
Property Owner(s)
By:
*Ica Marie Moore Owens, Trustee
By: L JY/ '77 �
Justi . Owens, Trustee
Approved as to Form:
Office of the City Attorney
Morg L. goley, City Attorney
CITY OF POWAY
i
Steven R. Crosby, P.E.
City Engineer
(Signatures must be notarized.)
M \engserv\Land Development Projects \2015 \ERA15 -0003 Section H ;rust \encroachment agreement recordable.docx
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STATE OF California )SS APN No:
COUNTY OF 1 (1� 1
On hi OL4 r before rpe, I 1 �— O kills , Notary Public, personally appeared
W(s MUCH -- ckole ns
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed ID the within
instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized capacity(ies), and that by
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instrument.
I certify under PE AL OF PEFJ under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS h d a d offici I 1.
" w VICKI VAIL- HOPKINS
Signature C 4 Corw.f 2075802
N E y NOTARY PUBUbLAUFORNIA N
$AN DIEGO C o
MY CoNN. Exp. ENO. 7,2018
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State of California 1 )
County I of flit/ U /�6 O //
On r /P�)L IS. MAI before me, � /77L1 /f JH //yi��'Gf�LLC_
Date ( /� Here Insert Name and Title of the Officer
�-•
personally appeared JTE ✓Ei✓ �• xaw
Name(s) of Signer(s)
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PHYLLIS • F SHINN
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Notary Public - California i
Z San Dlego County
M Comm. Ex Tres Nov 9, 2015 r
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
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Number of Pages: � 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:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
• Individual ❑ Attorney in Fact
• Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Encroachment Agreement No. ERA15 -0003
Page 4
EXHIBIT "A"
That portion of the northeast quarter of the northeast quarter of section 19, township 13
south, range 1 west, San Bernardino Meridian, in the city of Poway, county of San Diego,
state of California, according to United States government survey, lying Northerly of a line
described as follows:
Commencing at the northeast corner of said section 19; thence along the easterly line of
said section 19, south 04001'15" west, 300.97 feet to the True Point of Beginning; thence
south 89 014'37" west, 1367.69 feet to a point on the westerly line of said northeast quarter
of the northeast quarter distant thereon 04 006'41" west, 301.09 feet from the northwest
corner of said northeast quarter of the northeast quarter. Excepting there from that portion
lying westerly of a line which bears north 04 °06'41" west parallel with the westerly line of
said northeast quarter of the northeast quarter from a point on the southerly line of the first
hereinabove described land distant thereon north 89 °14'37" east, 365.00 feet from the
westerly line of said northeast quarter of the northeast quarter.
This legal description is made pursuant to that certain Certificate of Compliance recorded
July 19, 2009, as instrument no. 06- 506351 of Official Records.
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