Agreement Respecting Temporary Sewer Connection 2005-0152483
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'.' 11967 2005-0152483
RECORDING REQUESTED BY ) 111111111111111111111111111111111111111111111111111111I111111111111111
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CITYOFPOWAY ) FEB 24, 2005 12:26 PM
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WHEN RECORDED MAIL TO' ) OFFICI.".L REDJm,S
) ';.".11 ['IEGO COUIIT, REcnp,[,ER", OFFICE
CITY CLERK ) GFiEGDF:\.1 ':ot...1ITH COUNTr F:ECOR[IEF;
CITY OF POW A Y ) FEE'" 14.00
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~ POBOX 789 )
POWAY, CA 92074 ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111
No Transfer Tax Due ) -- --------
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2005-0152483
APN 323-180-41
AGREEMENT RESPECTING TEMPORARY SEWER CONNECTION
THIS AGREEMENT is made 07 pe.b /'""'11\, , 2005, between Scott
and Ellen Riffenburgh, herein called "Owner", and the C ty of Poway, herein called
..~ "City", in view of the following facts:
\1' ,
I 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 13427 Olive Tree 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 rnain, 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
05.033
r, 323-180A 1 . . 11968
Agreement Respecting T emporarySewer Connection
,-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 mDre 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 temporary connection permitted by this
Agreement shall, upon demand 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 tD the new main, together with such other reasonable charges as City may
establish, including a proportionate $hare 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 rl:lles 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 disconnectthe 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 thf:! 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 pursuant to motion approved by the Poway City Council at its meeting
held February 8, 2005
CITY OF POWAY OWNER:
By' A:fAl, ~~ ..J
Niall Fritz, Director of D e pment Services cott Riffenburgh
Ellen Riffenburgh
(Signatures must be notarized. Notary form attached.)
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.' . . 11969
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, CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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Stale 01 California } ss. I
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County of
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1 On r:~I3>t2Ufl~( 0~(J6S-:beforeme, NIkI~E'~~OfOffirei('9~'~'~~P",'" fJ6L~e (
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personally appeared .seo tt JJ,Fh'lVl3t1'€(,fI.~ J[;Lt..GN I Ff.€1IJ &/2,:,11 I
Name(s) ot Signer{s)
D personally, known to me '1
I ~roved fo me on the basis of salisfaclory ,I
evidence
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to be the person(s) whose name(s) is~
subscribed to the within 'instrument and
acknowledged to me that he/she/~ executed I
the same in his/her/~ authorized (
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..... . MAXINE BROWNEll C
<t COM'M,#1522749 1JI signature(s) on the instrument the person(s), or 1
g NOTARY P.UBUC~cALII!6RNJA g the entity upon behalf of which the person(s) ]
" SAN DIEGO COUNTY' .... acted; executed the instrument.
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WITNESS my hand and official seal.
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OPTIONAL
Though the information below is not.required by law, it may prove valuable to persons'felyi()g on the document and could prevent
1 fraudulent removal and reattachment of this form. io another document.
Description of Attached Document
Title or Type of Document:
1 Document Date: Number of Pages:
Signer(s) Other Than Named Above: 1
,
Capacity(ies) Claimed by Signer 1
Signer's Name: J
D Individual Top of lhumb here
D Corporate Officer - T1tle(s):
D Partner - D limited D,Gimeral
D Al1orney'in'Fact r
D Trustee J
o Guardian or Conservator ,1
D Other '1
J
Signer Is Representing: J
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@1999National Notary ASSociation' 9350 De Soto Ave. P.O. Box 2402' Chalsworth. CA 91313.2402. wwwnationalnotary.org Pro~. No. 5907 Reorder; CailTolI.Free i:SOO.S16-6827