Agreement Respecting Temporary Sewer Connection 2006-0769030
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RECORDING REQUESTED BY )
) OCT 30.2006 2:21 PM
CITY OF POWAY )
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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
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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
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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/'
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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