Item 1.7 - Request for Temporary Water Connection for Property Location 14850 Valleyview Rd. OF no APPROVED ■
G\� War APPROVED AS AMENDED O
City of Poway (SEE MINUTES)
DENIED
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IN THE C COUNCIL AGENDA REPORT CONTINUED
RESOLUTION NO.
DATE: August 5, 2014
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Singer, City Manage .
INITIATED BY: Robert J. Manis, Director of Development Services
Steve Crosby, City Engineer S6
(,(,Lewis Clapp, Associate Civil Engineer
SUBJECT: A request for a Temporary Water Connection for the
Property Located at 14850 Valleyview Road; Tom
Carter, Owner/Applicant. APN: 277-020-15
Summary:
The owner of the property located at 14850 Valleyview Road (Attachment A), has
requested that the City of Poway approve a temporary water connection to the public
water system. Public water is not available adjacent to the property.
Recommended Action:
It is recommended that the City Council approve a temporary water connection to serve
14850 Valleyview Road, subject to the following conditions:
1. Execution by the property owners of an "Agreement Respecting
Temporary Water Connection" (Water Agreement) (Attachment B). Proof
of property ownership, in the form of a Grant Deed, a current Title Report,
or a Lot Book Report, shall be provided to the City for verification of
ownership. Said Water Agreement shall be recorded in the office of the
Recorder of San Diego County. Recording fee shall be paid by property
owners.
2. Payment of water capacity fee, meter fee and the Capacity Charge to the
San Diego County Water Authority in the amounts in effect at the time of
payment, within the timeline stated in the Water Agreement. The current
fee amounts are $5,448, $270 and $7,490, respectively.
3. The owners shall provide the City with a copy of a recorded easement(s)
in their favor for water service across all properties between the public
water main and the subject property within the timeline stated in the Water
Agreement.
4. The Water Agreement must be executed within 60 days of Council
approval of the temporary connection, if granted, and all of the
1 of 5 August 5, 2014 Item # 1►7
Temporary Water Connection for 14850 Valleyview Road
August 5, 2014
Page 2
requirements of the Water Agreement must be satisfied within the
timelines stated in the agreement, or the approval shall be deemed
expired.
Background:
Mr. Carter, owner of the property located at 14850 Valleyview Road, has requested that
the City of Poway approve a temporary water connection to the public water system.
The existing well onsite has gone dry and public water is not available adjacent to the
property. The Poway Municipal Code (13.11.1006) allows City Council to approve a
temporary water connection when a public main does not front the property.
Findings:
The nearest public water main is located in Valleyview Road, approximately 950 feet
west of the subject property. Extension of the public water main is cost prohibitive. The
temporary connection will provide City water to the property from a lateral that will be
installed across the adjacent property to the west. The lateral will be located within an
easement granted by the adjacent property owner.
Fiscal Impact:
None.
Environmental Review:
The proposed project is Categorically Exempt as a Class 3 Categorical Exemption from
the California Environmental Quality Act (CEQA), pursuant to Section 15303(d) of the
2014 CEQA Guidelines, in that the project involves the installation of a new water
connection to a developed property to serve an existing single - family residence
Public Notification:
Tom Carter, 14850 Valleyview Road, Poway, CA 92064
Attachments:
A. Location Map
B. Water Agreement
Wengserv\Agenda Reports \14 Reports \Carter Temp Water \rpt.docx
2 of 5 August 5, 2014 Item #
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Item: Temporary Water Connection
3 of 5 ATTACHMENT A August 5, 2014 Item # ��
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Item: Temporary Water Connection
3 of 5 ATTACHMENT A August 5, 2014 Item # ��
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
APN: 277 - 020 -15
(THIS SPACE FOR RECORDER'S USE)
AGREEMENT RESPECTING TEMPORARY WATER CONNECTION
THIS AGREEMENT is made , 2014, between the Carter
Revocable Living Trust U /D/T December 19, 1997, herein called "Owner ", 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 of Poway. The property of Owner
is more particularly described as follows:
Property located at 14850 Valleyview Road, Poway, California, more fully described as:
Parcel 3 of Parcel Map No. 9452, in the City of Poway, County of San Diego, State of
California, filed in the office of the county recorder of San Diego County, December 6, 1979.
B. The property of Owner is not adjacent to any water main of the City, and Owner has applied
for permission to connect with a City main at a location removed from his property for the
purpose of providing a water service for the property.
C. City is willing to permit a temporary connection at its nearest main, providing Owner agrees
to and accepts the following terms and conditions.
IT IS THEREFORE AGREED by Owner, on behalf of themselves and their successors in
interest, in the above described property, and City, as follows:
1. Owner will, within twelve (12) months from date of this agreement, make application for a
connection and pay all City's regular charges and fees, including City's installation and any
required backflow prevention charges and connection and expansion fees in effect at the time of
installation of a meter and service connection to the City's nearest main, and obtain all permits
necessary for the construction of the water connection, and acquire any easement or
encroachment permit which might be necessary to run a service lateral from the main to the
Owner's property. The cost of acquiring any such easement or encroachment permit, the
installation and subsequent maintenance of the service lateral extending from the discharge side of
the meter shall be entirely at Owner's expense, and the City shall have no liability or responsibility
therefore.
2. The connection provided under the terms of this Agreement shall be available to the
property of Owner, as above described, only as 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'
4 of 5 ATTACHMENT B August 5, 2014 Item #
Agreement Respecting Temporary Water Connection
APN: 277 - 020 -15
Page 2
written notice addressed to Owner at his 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 water main adjacent to Owner's
property or at a location from which City then determines is to be the point of permanent
connection, the temporary connection permitted by this Agreement shall, upon demand by the City,
be terminated. After such termination, any future water service shall 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 that City then charged for
providing a meter and service from the new main, less fees previously paid, together with such
other reasonable charges as City may establish, including a proportionate share of the cost of
installation of such new main.
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 this Agreement
and the temporary connection if such breach or violation is not cured within thirty days after written
notice given to Owner or their successors in interest by City. In the event of such termination, City
may disconnect the line without any further liability or obligation to Owner or their successors 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 Improvement Act of 1913 ", or the "Improvement
Act of 1911 ", for the construction and installation of a permanent water system. Owner further
acknowledges that his property will be assessed for its proportionate share of the costs of the work
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 August 5, 2014.
5of5
CITY OF POWAY OWNER: Carter Revocable Living
Trust U /D/T December 19, 1997
By:
Robert J. Manis Thomas E. Carter, Trustee
Director of Development Services
am
Lorinda J. Carter, Trustee
(Signatures must be notarized)
August 5, 2014 Item # i