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Agreement Respecting Temporary Water Connection 2020-0470028RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074 DOC# 2020-0470028 1111111011110101111011111111110111101011101111 Aug 20, 2020 09:22 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $23.00 (SB2 Atkins: $0.00) PAGES: 4 (THIS SPACE FOR RECORDER'S USE) APN: 321-230-64 AGREEMENT RESPECTING TEMPORARY WATER CONNECTION THIS AGREEMENT is made ,lU I\ 2. , 2020, between Jeffrey and Jenna Pugh, herein called "OWNER", and the City o Poway, herein called "CITY", in view of the following facts: A. Owner has title to the following described 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 14444 Pebble Canyon Drive, Poway, CA, APN 321-230-64 B. The property of OWNER is not adjacent to any water main of the CITY, and the OWNER has applied for permission to connect with a City main at a location removed from the 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 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' written notice addressed to OWNER at their last known address on file Agreement Respecting Temporary Water Connection APN: 321-230-64 Page 2 in the CITY in the event the service is extended to any division of the property in 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 provided 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 a new main. 4. Any breach or violation of the terms and conditions established by this AGREEEMENT 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 if 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 their 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 on the dates set forth hereinafter. OWNERs: Jeffrey and Jenna Pugh By: % 0` Jeffrey Pugh, Owner CITY OF POWAY: i By: ° Robert J. Martis Director of Development Se ices (Signatures must be notarized.) Date: 7' 0 L ° 7-0 Date: i — 90 -aoa o Date: (/ CAUFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California Ct ) ^ - y c. Li On "7-,2i'5`,On2v before me, Date personalty appeared County of e N?(L&,&ble-z-ed. Here Insert Name and Title of the Officer Nomefs, f Signer(s) LJ �w�h who proved to me ori the basis of satisfactory eviden to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JANADEE MILLER Notary Public — California San Diego County Commission # 2186633 My Comm. Expires Apr 11, 2021 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph-is-truand correct WIT(NESS my han and official seal. Signature OPTIONAL e-02 c ignature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of�this .form to an unintended document Description of Attached Document Title or Type of Document �- Document Date: 7/[1'�n /c9(t c v Signer(s) Other Than Named A. ove: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attomey in Fact O Trustee 0 Guardian or Conservator ❑ Other. Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator o Other: Signer is Representing: ©2018 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 . �.•. -.A ave w. s4' , a aiFlai• w, w� as v. INV" mtoteRC a 'MAR vi, aNsW4-.. - INOTs. ,. av wwici• A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On August 11, 2020 before me, Date Yvonne Mannion Notary Public, Here Insert Name and Title of the Officer personally appeared Robert J. Manis Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. YVONNE MANNION Notary Public - California San Diego County Commission # 2201766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above WITNESS my hand and official seal. Signatures iNA:q an•ix-4;-'1) OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Agreement Respecting Temporary Water Connection Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: C bCL�CG�zucw�rcz�acG�T��CG���CL?<6 - ti�Gz 02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907