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Agreement Respecting Temporary Sewer Connection 2006-0769030 '- r , ~:c-' , . 1IIIIIIIrllll:II~llilllillirulllrnll~1 ~1~'I(~IIIIIiI"IIIIII' ... . RECORDING REQUESTED BY ) ) OCT 30.2006 2:21 PM CITY OF POWAY ) ) I]r~-II:I,L',l RECDF:rl'", WHEN RECORDED MAIL TO' ~~ ';"r'i [!!F.I_l:-: : :UllrlT'\ HECur-'JIEH"- nFF:rE \\)1 i~ L=rHL I_~IIF:' .1 ,;~,,"ITH, Oklr'J"i"1 Ht:cnFi[,ER reE 17 nn CITY CLERK ~ Fc;Cl~ :' 4 CITY OF POWAY POBOX 789 II~OO.~.OOOOIII..lml POWAY, CA 92074 ) 2006.-0769030, APN 321-410-41 AGREEMENT RESPECTING TEMPORARY SEWER CONNECTION THIS AGREEMENT is made Mav 2 , 2006, between Joan K. Butzen Licensed Clinical Social Work Corporation, a California corporation, 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. Property located at 14755 Budwin Lane, Poway, CA 92064 B 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 location removed from his 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, 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 in effect at the time of services 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 The cost of acquiring any such easement or Encroachment Permit, and the installation and subsequent maintenance of the service lateral 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 u<....o~t2q .,-.......'1 -.; . . 321 -410-41 Agreement Respecting Temporary Sewer Connection 10714 Page 2 by the City upon thirty days' 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 sewer main adjacent to Owner's property or at a location from: which City then determines is to be the point of permanent connection, the tempon'lr'y connection permitted by this Agreement shall, upon demaild by the City, be terminated. After such termination, any future 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 by City The amount of such charges and fees shall include those that City then charged for connection 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 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 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 sewer 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 th-e 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 2, 2006 OWNER. By' ~B~e~ ~ Niall Fritz Director of Development Services President (Signatures must be notarized Notary'fonn attached.) . -. . . 10715 CALIFORNIA ALl.PURPOSE ACKNOWLEDGMENT W"~~~~..;o('~~~~~~ff:C"~~~~~~~n("~~~ State of California }. ss. County of S,4N DI r;: hO On;:J"UNt .{':ZC/fJ6 before me, 1,11 TIll .sHPH (NOTIJ.-f?- 'I Pu5L1C) Date Name and Title 01 Officer (e,g "Jane Doe, Notary Public") personally appeared ::104/'1 t:.A 7H E eJ NF {J ur Zt-f\J Name(s) ofSigner(s) D personally known to me l2rProved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/al'e subscribed ) - . . ~: . . . . . M~~ s~ . . . "I to the within instrument and acknowledged to me that ::: ~ COMM. #1640508 m ..l;\e/she/.lJ:ley executed the same in J:Hs"/her/ti:leir ::l Notal) PuIllbCalllomla l!! authorized capacity(ies), and that by..lolis/her/th..... , SAN DliGO COOHTY ~ signature(s) on the instrument the person(s), or the J~~ TT_ l fttt~.~.~-;~'~2?1~.1 entity upon behalf of which the personls) acted, executed the instrument Place Notary Seal Above WITNESS my hand ~al seal. Signatureol Notary Public OPTIONAL Though the information below IS not required by law, it may prove valuable to persons relying on the document and could prevent, fraudulent removal and reattachment of this form to,another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Inaividual o Corporate Officer - Title(s): o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General o Attorney in Fact . o Attorney in Fact Top of thumb here Top of thumb here o Trustee o Trustee o Guardian or Conservator o Guardian or Conservator o Other" o Other' Signer Is Representing: Signer Is Representing: ~~~~~~~~.~~...-%~-ci..~~~'Q(..~'C<,.~~~~~ @2004 National Nolary Association' 9350 De Soto Ave., P.G. Box 2402' Chatsworth, 'CA 913132402 Item No. 5907 Reorder: Call Toll-Free 1-800-876 6827 -.. . t 10716 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California County of San Diego On Jc:/() 8m / q, 2~&& before me, Phyllis Shinn, Notary Public personally appeare:" IvJ 4l L (;<.. ( -r 2- N,m, <cd Titl, of 0",,,, leg, J<c, Dco, Not'~ Pobli,', Name(s) of Signer(SI ~ersonallY known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(P<J whose name~ is/~ subscribed to the within instrument and acknowledged to me that he/~/tljl!y executed the - - ~ - - - ~ - - - - 1 same in his/~ttil'l1r authorized capacity(~, and that by '.... ' PHYlLIS SHINN his/hj(r/th)(ir signature(lQ on the instrument the personoo. ~ii Commission # 1450304; or the entity upon behalf of which the person(~l acted, ~ -,,; Notary Pubtlc . Callfomla >. '1X.. z ., San DIego County - executed the Instrument. ~ MvCornm. ExpIres Nov 9, 2OO7t _ _ _ _ _ _ - - - - - - WITNESS my hand and official seal. ofyJ4_~ OPTIONAL Though the information below is not required by Jaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ~ 2/ -q I () jl/ Title or Type of Document//fttl7t1tfllr ~tc-r/4fil11lrJR/!1fr !ft,lEJ( W;1l,AlcCTlPfi/' , I Document Date: (Y)<=) Y Z! '20 D ~ Number of Pages: 2- Signer(s) Other Than Named Above: ,/Of}j1/ K. !5/A T:Z-t-/f/' - Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: D Individual D Individual D Corporate Officer D Corporate Officer Title(s): Title(s): D Partner - D Limited D General D Partner - 0 Limited D General D Attorney-in-Fact D Attorney-in-Fact D Trustee D Trustee D Guardian or Conservator D Guardian or Conservator o Other" Top of thumb here D Other' Top of thumb here Signer Is Representing: Signer Is Representing: c 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