Agreement Respecting Temporary Water Connection 2005-0116299
, ' fih~' ~'P~C~RDIN~ REQUESTt BY -
) DOC. 2005-0116299
) 1111111111111111111111111111111111111111111111111111111111111111111111
i1( " 1 CITY OF POWAY )
\~ AND WHEN RECORDED MAIL TO' ) FEB 10 2005 3'57 PM
)
) OFFILI.t..L REC'O:=l[iS
CITY CLERK ) ':.,.:.It.j [l\EI:;O cOUt'JT'1 F:EC[IF:[IER"; OFFICE
I~F:ECiOR'{.1 ':,~,..jl fH cour-,ll'l RECOF:[IER
CITY OF POW A Y ) FEb. 1 -: 00
POBOX 789 ) F'.:.l,GE';:; 4
POWAY, CA 92074 15481 ) 1111111111111111111111111111111111I111111111111111111111111111111111111111111111
)
No. transfer tax due )
This document affects APN 321-270-03 2005-0116299
AGREEMENT RESPECTING TEMPORARY WATER CONNECTION
THIS AGREEMENT is,made October 19, , 2004, between the
Gormican Family Trust 01-14-99, 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 15650 Blue Crystal Trails, Poway, California, Assessor
Parcel No 321-270-03
B The property of Owner is not adjacent to any water main of the City, and Owner
has applied for permission to connect with a City main at a location removed
from their property for the purpose of providing a water supply 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 andfees, 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 on the City's nearest main, and
acquire any easement or encroachment permit which might be necessary to run a service
lateral fromthe meter to the placeof use on Owner's property The cost of acquiring any
such easement or encroachment permit, 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
05-0/6
. . 15482
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2. The connection provided. under the terms of this Agreement shall be available to
serVe water tp 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 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 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 connectioi;l 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 providing a meter and service from-the new main,
together with such other. reasQnable charges as City may establish, including a
proportionate share of the cost of installation of such new main
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 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 the "Municipal Improvement Act of 1913",
or the "Improvement Act of191'1", for the construction and installation of a permanent water
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 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
October 19, 2004
CITY OF POWAY OWNER. Gormican Family Trust
BY~ 01-14-9/?G
I: -- -
7') ~ - ~
Niall Fritz
Director of Development Services
(Signatures must be notarized Notary form attached.)
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'.- 15483
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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. Name(s)ofS<gnar(s) I
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to be the personM whose name(k) @a)( 1
subscribed to the with~ instrument and l
_ _ _ _ acknowledged to me ~t ~i)e;th~ executed
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WITNESS my hand and official seal. 'I
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I Signature of Notary Public
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I, OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
I fraudulent removal and reanachment of this form to another document. I
:' Description of Attached Document 1
Title or Type of Document !\bl2BtlVifNr j2E<;Pf(..l\Nq H5MPD~(2.y
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Document Date: Number of Pages: I
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1 Signer(s) Other Than NamedAbove: 1
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I Capacity(ies) Claimed by Signer 1
( Signer's Name: I
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D Individual Top of thumb here 1
o Corporate Officer - Title(sl:
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1 0 Attorney,in,Fact
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I 0 Guardian or Conservator
1 0 Other:
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I, Signer Is Representing:
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01999 Natkmal NolaryAssoc~lion' 9350 De &llo Ave., P.O. Box 2402' Chatsworth, CA91313-2402 'Www.rIlItionalnotary,org Prod. No. 5907 Reorder; Call Toll-Free 1-600-876-68.27
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15484
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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On 1hL10,1f'H.,J; , before me,
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personally appeared .JJ\ a Jl . .
Name{s) olSigner(s)
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~ the same in his/t:te1'7tpeir authorized
capacity(i~, and that by hisf!J.e11t~
signature~on the instrument the person\8(. or
the entity upon behalf of which the person(sj"
acted, executed the instrument.
Place Notary Seal Above
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 Attache~~C.l'.IlJ,.',!lL,1 ^. r
Title or Type of oocumen~
Document Date: ~ . \ D ' ICi . () 4 umber of Pages: .A-
: Signer(s) Other Than Named Above (:rmQ<; p. ~ t {M\ (!jjj(\...J
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual Top 01 thumb here
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other'
Signer Is Representing:
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