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Agreement Respecting Temporary Water Connection 1996-0186262 • _ • 110 4 RECORDING REQUESTED BY: ) • • CITY OF POWAY )(\14 • 16—APR.—1996 OB 22 AM AND WHEN RECORDED MAIL TO: ) OFFICIAL RECORDS, CITY CLERK ) 21 SAW DIEGO COUNTY RECORDER'S OFFICE COUNTY DER CITY OF POWAY j GREGORY SMITH, F ECOF,�.� . P.O. BOX 789 «F; 8.D:? FEES: x`00 AF: no POWAY, CA 92074 ) rIF; Loo No transfer tax due ) (This space for Recorder's Use) This document affects'-APN 314-350-30 AGREEMENT RESPECTING TEMPORARY WATER CONNECTION • THIS AGREEMENT is made . April 5 , 1996 , between Paul R. and Laurel B. Acosta , 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. The property of Owner is more particularly described as follows: • See Attached Exhibit "A" which is attached hereto and made a part hereof. 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 their property for the purpose of providing a water supply 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 six ,(6) 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 on the' City's nearest main, and acquire :any easement or encroachment permit which might be necessary to run a service lateral from the .meter:to the place of use on Owner's property. The cost of acquiring any such easement or encroachment permit, and subsequent maintenance of the service lateral exyending from the discharge side of the meter shall be . entirely at .Owner's expense, and the City shall have no liability or responsibility therefor. 2. The connection provided: under the terms of this Agreement 'shall be available to serve water to the property of Owner, as above described, only so , Agreement Respecting Temporary Water Connection 2179 Page 2 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 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 City then charged for providing a meter and service to the new main, 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 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 1911, " for the construction and installation of a permanent water system. Owner furthe 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 work of improvement. Owner waives any rights, at this time, to protest or object to the formation of the assessment district. 6. In order to obtain adequate pressures through the temporary water connection, Owner may be required to install and maintain, at Owner's sole cost and expense, pumping facilities.. 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 November 28; 1995 CITY OF POWAY OWNERS: By: ] /!!!!'•4=7 Paul R. Acosta Laurel B. Acosta (Signatures must be notarized. Notary form attached.) CALIFORNIA ALL-PURP011 ACKNOWLEDGMENT • 1.%._/_/_. -.././.�J-/"ll. "-%J!✓ff-%".:%^!1f..1. J1. !��i!J-../li^l�!.fJ-.../"l.l-/-/%ll./"J. J ".lJJf�"-.rl..i!.i�-%.i-_..-."l— State Of 2 1 8 NCounty of - � may, On �5 `f before me, - _ ��. i/ �., t1 Date p Name and Title of Officer(e.g., ane D. ,Notary Public" `0 personally appeared fo �. .-LeedGuv1.c1 /3 , 6-2.- t) Name(s)of Signer(s) E personally known to me-OR- proved to me on the basis of satisfactory evidence to be the perso 0 owhose nam-(s) ':.4`subscribed to the within instrument 0 and acknowled to me that he/sh-AM-xecuted the 0 same in his/he heir uthorized capacityt es), nd that b 0 his/her/apignaturepon the instrument the erso s), 'N or the entity upon behalf of which the person s cted, ° v1vwN MAC executed the instrument. 0 ',, .'-,. .. COMM.01039231 t0t Z Notary Public—California I l l0l� Z °s SAN DIEGO COUNTY WITNESS.my hand and official seal. t1 My Comm.Expires SEP 21,1998 0 `111111 (/,-e i� �'�—`/ 0 ll Signature Notary Public`� 0 111111 P 0 OPTIONAL 11? o 0 Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent 1 fraudulent removal and reattachment of this form to another document. 0 NDescription of Attached Document 0 Title or Type of Document: Document Date: Number of Pages: 0 0 0 Signer(s) Other Than Named Above: 0 0 Capacity(ies) Claimed by Signer(s) ti 0 Signer's Name: Signer's Name: 1 0 0 ❑ Individual ❑ Individual 0 0 ❑ Corporate Officer ❑ Corporate Officer 0 Title(s): Title(s): El Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ti 1 ❑ Attorney-in-Fact ❑ Attorney-in-Fact 0 ❑ Trustee ❑ Trustee l RIGHT THUMBPRINT RIGHT THUMBPRINT `) El Guardian or Conservator OF:SIGNER ❑ Guardian or Conservator OFSIGNER dill ❑ Other: Top of thumb here ❑ Other: Top of thumb here 0 1 Signer Is Representing: Signer Is Representing: 0 k kl '.:!„J..%_'"l.%li'J���_i' -..,-/.✓lf7,--.ir1"1.1f../ 1---z 1.--././fJ-lf_i" ✓�fl"J,,.J".%..i!-J1..,i"1�!-!.f�^./ll-lfl..��-.! ) ©1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 i • • 2181 • • EXHIBIT "A" LEGAL DESCRIPTION Parcel 1 : The Westerly 298 feet -measured along the North line- of that portion of Lot 13 of Tract "A" of Poway, in the County of San Diego, State of California, according to Map thereof No. 536, filed in the Office of the County Recorder of San Diego County, May 7, 1888, described as follows: Beginning at the Northeasterly corner of said Lot; thence North 88°29'11 " West along the North line thereof, 752.25 feet; thence South 1 °30'49" West, 132.29 feet; thence South 2°02'41 " East, 60 feet to a point in the arc of a 530 foot radius curve, concave Northerly, a radial line to said curve bears South 2°02'41 " East to said point; thence Easterly along said curve, 89.88 feet; thence tangent to said•curve, North 78°14'19" East, 56.02 feet to a tangent 667.10 foot radius curve, concave Southerly; thence Easterly along said curve, 154.56 feet to the Northwest corner of the South 178 feet of the East 454 feet of said-tot; thence parallel with the South line of said Lot, South 88°29'1 1 " East, 234 feet to the Northwest corner of the . land described in Deed to Robert Stonehouse , et ux, recorded•October 20, 1958 under Document No. 172762 of Official Records; thence South 78°12'30" East along the Northerly line of said land, 224.11 feet -record South 7.88°02' East, 223.86 feet- to the Northeasterly corner of said land, being a point in the East line of said. Lot; thence•North 0°46'04" East along said East line, 188.31 feet to the Point of Beginning. • • The Easterly line of said Westerly 298 feet to be parallel with the West line of said Westerly 298 feet. Excepting the Southerly 60 feet thereof. • Parcel 2: • An easement.and right of way for road, sewer,.water, gas, power and telephone lines and . appurtenances thereto over, under,.along and across a strip of land lying within that portion of Lot 13 Of Tract "A" of Poway, in the•County of San Diego, State of California, according to Map thereof No. 536, filed in the Office of the, County Recorder of San Diego County, May 7, 1888, the Southerly line of said 60 foot strip being described as follows: Beginning at the Northeasterly corner of said Lot; thence North 88°29'11 " West along the North line thereof, 752.25 feet; thence South 1 °30'49" West 132.29 feet; thence South 2°02'41 " East, 60 feet to the True Point of Beginning of the herein described line, said point being,in the arc of a 530 foot radius curve, concave Northerly, a radial line of said curve bears South 2°02'41 " East to said point; thence Easterly along said curve, 89.88 feet; thence tangent to said curve, North 78°14'19" East, 56.02 feet to a tangent 667.10 foot radius curve, • concave Southerly; thence Easterly along said curve, 154.56 feet to'the Northwest corner of the South 178 feet of the East 454 feet of said Lot; thence parallel with the South line of said Lot, South 88°29'11 " East, 254 feet to the Northwest corner of the land described in deed to Robert Stonehouse, et ux, recorded October 20, 1956 as File No. 172762 of Official. Records; thence South 78°12'30" East along the Northerly line of said land, 224.11 feet -record South , 78°02' East, 223.86 feet- to the Northeasterly corner of said land, being a point'in the East line of said Lot. • • • •