Item 14 - Temporary Sewer Connection for APN 275-201-21 - James and Rita DonahueAGENDA REPORT � p
CITY OF P'OAY
} This report is included on the Consent Calendar. There will be no separate discussion of the �y y
report priorto approval by the City Council unless members of the Council, staff or public FC '"• ""�
request it to be removed from the Consent Calendar and discussed separately.' If you wish to INTHE CSV
have this report pulled for discussion, please fill. out a slip indicating the report number
and give it to the City Clerk prior to the beginning of the City Council meeting.
TO: Honorable Mayor and Members of the City Council`
FROM: James L. Bowersox, City ManaV1
}
INITIATED BY: Alan D. Archibald, Director of Public Services].,
Ninoy T. Basuil, Assistant Civil Engineer
DATE: May 13, 1986
SUBJECT. Temporary Sewer Connection for APN 275-201-21
Applicants: JamesandRita Donahue
BACKGROUND
The subject parcel, 0.61-acres in area, is located at the end Of
Acorn Patch Road (,Attachment 1). The owners need a sewer service 3
to this parcel for a single family dwelling. There is no sewer
main in Acorn. Patch Road and a septic system is not allowed for
parcels,less than one acre under Ordinance No. 160. Although,
by Ordinance No. 180,'a septic system can'`be installed on a
parcel of land less than one ;acre if said parcel cannot be
economically served by City sewers and is in an area that has
not experienced septic system failures in the past. Since the
owners did not pursue approval from the City for a septic system
under the provisions of Ordinance No. 180 and that connection to
sewer main remotefromthe parcel is chosen to be in their best
interest, they have requested a temporary sewer connection to
the sewer main to be built at the end of Deergrass Court by the
developers of Piedmont Park (Attachment 2).
FINDINGS
There are no other temporary sewer connection applications that
the City has received and/or approved for the proposed sewer
main at the end of Deergrass Court.
ACTION:
of
MAY 13 19006 i 1 E �!
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AGENDA REPORT - May 13, 1986
Temporary Sewer Connection - James and Rita Donahue
10004
Page 2
Construction of a sewer main extension from Deergrass Court to
said parcel would cost approximately $12,000 and would be a
financial hardship for the property owners..
RECOMMENDATION
a
It is recommended that the City Council approve a temporary sewer
connection to serve APN 2757500-21 subject to the following
conditions:
1. Payment of all sewer related fees; and costs.
2. The execution of a Temporary Sewer Connection
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Agreement by the owner (Attachment 3)
3. Temporary connection shall be made after the 'City's'
acceptance of the sewer; main installation at
Deergrass Court. Citysewer main shall be fuller
operational at time of connection.
4. Owners are responsible for acquisition of necessary-
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easements for the temporary sewer lines:and,shall:
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provide the City with a copy.or copies of recorded
r
easement documents.Lot Book Reports for verification
of grantor's name shall also be provided.
5.' Completion of all the above conditions within six {6)
months of Council approval, if granted, and prior to
issuance of a sewer connection permit, otherwise the
approval shall be deemed expired.
JLBADA NTBzmh
Attachments:
1. Vicinity Map
2.` Letter Requesting Temporary Sewer Connection -
3. Temporary Sewer Connection Agreement
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MAY 13 1986 ITEM 14
- Wien Recorded Mail to: ) `
CITY CLERR._
= CITY OF POWAY
Post Office Box 785
,,-noway, California 92064
AGREEMENT RESPECTING TEMPORARY SEWER CONNECTION
THIS-AGREEMENT{ is made , 19 between
Rita Ann and James Donahue
herein called '°Owner°f , and
the City of Poway herein called "City", in view of the following facts;
A. Owner has title to the following described real property situated in the
[' County of San Diego, State of California, and within the boundaries'
of the City.
The property of Owner is more particularly described as follows;
That portion of Parcel 6 as shown and delineated on Record of Survey Map No. 38979
filed in the Office of the County Recorder of San Diego County, April 10, 1956,
said Survey being a portion of Section 25 and 36, Township 13 south, Range 2 West,
San Bernardino Base and Meridian, in the County of San Diego, State of California,
which lies Northerly of line described as follows:
Beginning at a point in the East line of said Parcel. 6, distant thereon North 0°4.4'40"
East 150 feet from the Southeasterly corner thereof thence South 81°37'30".West
165.6.4 feet and North 64047' West 25 feet to the center line of. Acorn Patch Road,
as skown on said Ma .
The
-propertpy of Owner is not adjacent to any sewer main of the City{ and
Owner has applied for permission to connect with.a City main at a location removed
from their property for thepurposeof providing a sewer system for the property.
C City is willing to permit a temporary connection at its nearest .main; provid-
ing Owner agrees to and accepts the following terms and conditions.
IT IS, THEREFORE, AGREED by Owner, on 'behalf of themselves and their successors
J in � interest in the above described property, and City,
, as follows.
1. Owner will, within six (6} months from date
of this agreement, make appli-
cation for a connection and pay all City's regular charges and fees in effect at
I the time of service connection to the City's nearest main, and acquire any easement
or encroachment
permit which might be necessary to run a service lateral from the
main to the Owner's property line. The cost of acquiring any such easement or en
croachment permit, the installation and subsequent maintenance of the service lateral
shall be entirely at Owner's expense, and the City shall have no liability or re-
sponsibility therefor.
2. The connection provided under the terms of this agreement shall be available
to the property of Owner, as above described; only so long as such connection shall
serve only one parcel. Such service and use of the connection may be terminated by
` the City upon thirty days' written notice addressed to Owner at their last known
address on file in the City in the event the service is extended to any division of
the property into two or more separate parcels'to be served from such connection,
or in the event of the construction of two or more residences thereon.
3. Should City or others hereafter install or provide a City sewer main ad-
jacent to Owner's property or at a location from which City then determines is to be
theont of
P permanent connection, the temporary connection
permitted. by this agree-
ment shall, upon demand by the City, be terminated. After such termination, any future
TMM%r tT"ENT 3
5 of 7 Page 1 of 3 MAY 13 1986 ITEM`14
sewerserviceshall be provided by a connection to the new City main upon the payment
to City by Owner of any charges and fees then established by City. The amount of
such charges and fees shall include those City then charges for connection to the
new main, together with such other reasonable charges as City may establish, includ-
ing a proportionate share of the cost of installation of such new main or a line
charger
4. Any breach or violation of the terms and conditions established by this.
agreement or of City's 'rules and regulations shall, at -the option of the City, permit.
-
City to terminate thisagreement and the temporary connection if such breach or
violation is not cured within thirty days after written notice given Owner or their
successors in interest by City. In the event of such termination, City may ds-
_
connect the Line without any further.liability or obligation to Owner or their suc-
cessors in interest.
5 Owner hereby further agrees to participate in the formation of a special
assessment district, pursuant to the provisions of either the "Municipal.Improve-'
ment Act of 191:3", or the ";Improvement Act of 1911 'for the construction and in-.
stallation of a permanent sewer 'system. Owner further acknowledges that the cost and
expenses for said improvements will be assessed over all properties benefited from
the works of improvement and Owner also acknowledges that his/her property will be
assessed for its proportionate share of the costs of, the works of improvement;
Owner waives any rights, at this time, to protest or object to the formation of the
assessment district. .
IN WITNESS WHEREOF, this agreement has been executed by -Owner and on behalf of
:. City pursuant to motion approved by the Poway City Council at its meeting held
May 13, 1986
.
CITY OF POWAY OWNER
�.
By
(Notary acknowledgement attached)_
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STATE OF CALIFORNIA )
)`ss.
-
COUNTY "OF SAN DIEGO
On this day of
, 1983, before me, the
undersigned, a Notary Public
in and for the State of California,
personally appeared
,
proved to me on the basis of
satisfactory evidence to be the
person whose name
subscribed to the within instru-
went and acknowledged to me
that he executed the same.
WITNESS my hand and official
seal.
Notary Public in and for
said County and State
(seal)
STATE OF `CALIFORNIA
,a
ss.
C.
COUNTY OF SAN DIEGO
i
On this day of
1983, before me, the
undersigned,a Notary Public
in and for the State of California,
personally appeared MARJ'ORIE
K. WAUSTEN, personally known to me
to be the CITY CLERK of the CITY OF POWAY- and
.
known to me to be the person
who executed the within instrument -
,
on behalf of ;said public corporation, agency or political sub-
division', and acknowledged to methatsuch public -corporation,
agency,- or political subdivision executed the 'same.
Notary Public in and for
said County and State
`
(seal)
i
p
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MAY 13 1986 ITEM 14