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Item 13 - Temp. Sewer Connection for APM 275-041-07 - Raymond and Kim PoliakoffENDA. REPORT 121 -2! - CITY OF POWAY Imememmommom This report is included on the Consent CaienAar. There will be no separate discussion of the y®� report prior to- approval by the City Council unless members of the Council, staff or public 'request it to be removed from the Consent Calendar and discussed separately.. If you wish. to have this report pulled: for discussion, please fill but a slipp, indicating the report nubs and give it to the City Cleric prior to the beginning of the City Council meeting. TO: Honorable Mayor and Members of he City Council FROM: James L . Bowersox, City Mai INITIATED BY: DATE: SUBJECTT BACKGROUND - Alan D. Archibald, Director of Public Services--= Ninoy T. Basuil Associate Civil Engineer - October 28, 1986 Temporary Sewer Connection for APN 275-041-07 Applicants Raymond and Riau Poliako ff The subject parcels 1.37 acres in size (Attachment 11, is located at 13334 Calle Colina. This property is: presently sewered by a septic system which is now showing signs of failure and as such the owners ars interested in connecting their propertyto the City sewer system. The nearest sewer main is approximately 150.00 feet south of the ;property ` s southerly corner in Calle Colina. Extension of the sewer main to the property ` s frontage necessitates the instaliation. of . approximately '2.60 feet of 81" diameter pipe line and at leastone manhole at an estimated cost of about $7,000. Because of the: imminent. complete septic system failure and ` the costly installation of sewer main extension that the owners have to fundinitially in. itsentirety, they have requesteda temporary connection (Attachment 2:) to the existing main hereinbefore mentioned.Said owners shall acquire: all the necessary easements they need for their private sewer lateral line... FINDINGS There There are no other temporary sewer connections to the sewer main in Calle Colina; however, this request is consistent with previously approved temporary sewer connections. ACTION: 1 of 7 OCT 2 ITEM r3f AGENDA REPORT- October 28,'19g6 Temporary Sower Connection. for APN 275-441-0.7 -° Poliakoff, Page- 2 RECOMMENDAT ON '' It. is recommended that the City Council approve a temporary sewer connection t8 serve APN 275-O,4.1-07, subject to the following conditions I. Payment of all. related fees, and costs: 2. The execution, of Agreement Respecting Temporary Sewer Connection by the owner (Attachment 3 .. A Lot Baak'-. Report shall be provided to the City forver.fcatson of ownership.- 3. The owners shall furnish. the City with. copies of recorded easements for the private sewer lines. 4. Completion ofall the above: conditions within'six months. .of Councir approval,-` if granted , and prior to 'issuance of a. `sewer' connection. permt,:.othert+w:se t approval shall be deemed exped.: M MTB h Attachments: Vic�:nity Maga ,& Area Map :. ' 2k, Letter RecMestzng Temporary Se�nter Connection . Y 'Agreement Respecting -Temporary Sewer Connection i 00T 2- 81986 ITEM, 14 F f. 2 of 7 F E is f A95W46iAoT R f / 7 Z75 (t ma)v17 ` 1�f/lit Pail flOFi�� . co Slf��sT�o RTl�Y &#Sekt'svr M1 O�EfTAlli! AY ?fSAWIMWF949 �I ag fl "2 - i� D . 7 A�NEilt �l�/�� Lf�J�L YAUC v .. T Vii ��CORIr7�'� y. Tr' kAZ IVO %frA4ZE G 74 CITY (�A ITEC f - TITLE :-- XAf. AOW 'ALE' ; d/�! ATTACHIJ TNJ 19 3 of 7 n Raymond. M.. Poliakoff Kirit. R.. Poliakoff r 13334 Calle Colina Poway, CA 92G64 k October 3: 196 City, of Poway, 13325, Civic Center Drive e _ Poway,. CA, 92064 Dear Sr.s,: s,;� 1~' d like 'to request temporary.connection to .sewer,, due to ou=r° fang septic system. It would be impractica ]�l and extrsmeI yl costly' to"` extend -'the' suer, main across,, two properties." Your favorable response will be greatly appreciated. - k Sincerely, �. 1' : 11j/ RaUftond M. Poliakof RMP/kv enclosure. PE J _ATTACHMENT . 2 84 1 ITEM € 7 When Recorded Maio. to: CITY CLERK. _ CITY. OF`POWAY f . Post Officer Box 785" Foway,. California 92064 AGREEMENT` RESPECTING TEMPORARY SEWER CONNECTION; THIS AGREEMENT is. made: 19 between ,- herein called "Owner:'", and the City of Poway herein called "City"in view of the s.: following fact 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: 'R The property 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 lo cat%on .removed from their,.property for the: purpose of 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 ISfi THEREFORE# AGREED by Owner,: on. behalf of themselves and, their successors. in interest in 'the 'above describedproperty,-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 the time of'service connection to the City's nearestmain, and acquire any easement. or encroachment permit.which.might ire 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 sriall be Entirely at Owner's expense, and the City shall: have: no liability or re- sponsib litytherefor. M1, i 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 v serve only, one parcel. Such service and`use: of the connection may be. terminated by the City upon thirty days' written noti ce addressedto Owner at thear last known. address on file: in the City in the: event, the service is extended tor any division of ; the ro ert into two. or more separate P P Y p parcels to be served ` from :..such connection, or in the event. of the construction of twoor more residences thereon. ;. 3 Should City or others hereafter install or provide a City sewer main ad- jacent o Owner`s property or at a location from.whi h City then; determines is to be the point of permanentconnection:, the temporary connection by this permitted agree- ment shall,. upon demand by the; City, be terminated. After such termination, any future x ,r,_''HMENT 3OCT 2 8 1986 tT EM 1- Of 7? Page 1 of 3 sewer 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 byyCityy.. 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 charge. 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 violationis not cured within thirty days after written notice given owner or their, successors in interest by City.. In the event of such terminations City may lis- eonnect.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 assessmentdi:stri:ct, pursuant to the provisions ,of either the "Municipal Improve*- merit Act of 1913"# or the Improvement .Aet of 1911" for the. construction and in- stall&_ -on of a permanent sewer system. Owner further acknowledges that the., cost and.. F expenses for. said improvements will be, assessed over all properties: benefited from: e. 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.. Omer waives- any rights, at this time, to protestor object. to the formation of the assessment di, strict. r } Y III WITNESS WHEREOF, this agreement. has been executed. by Owner and on 'behalf of " City pursuant to motion approved b : the Poway. City Council at -i:ts meetin : held - CITY , OF POWAY OWNER By. (Notary acknowledgement attached) f - ti �I Of OCT 2 $ 1986 tT E M. y, Page 2 of 3 of 7 STATE: OF CALIFORNIA 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 tothe within ,instru- ment, and acknowledged to me that he executed the same. ss.. TNESS my hand and official seal. Notary Public in andfor° said. County and State (seal) STATE 'OF CALIFORNIA % } Ss. COUNTY OF SAN DIEGO ) On this day of , 1983, before ` me, the undersigned, a Notary Pubic in and, for the State of California, personally. appeared MARJORIE. K. WAHLSTEN, Personally known to me to be the CITY CORK 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 me that such; public corporation, agency, or political subdivision executed the ;;same. (seal) Notary Public in and for said County and State Page 3 of 3 OCT 2 8: 1986 ITEM 14,