Agreement Respecting Temporary Water Connection 2004-0175379
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1 ''1 < - - ~EeORDING REOUES.BY ~983 fI!,1]OC'. 2004-0175379
) lf~MARft '04 2004 9:05 At-I
CITY OF powAv ) ~l'i/;~:.: .. ' ~..l. ,
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':3? AND WHEN RECORDED MAIL TO' ) ''-!r::~SAN DIEGO COUNTY RECORDER'S OFFICE
/t!>>JJ ) "GREOORY J. SIIITH. COUNTY RECORDER
CITY CLERK ) FEES: 14.00
CITY OF POWAY )
POBOX 789 ) ---
POWAY, CA 92074 ) (\I~~~\\\\~\ W~ ~\l~~~\~W~~~'\\)~) \:\\\\\~~~)\~~\, v)
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No. transfer-tax due )
This document affects APN' 276-140-11
AGREEMENT RESPECTING TEMPORARYWATER CONNECTION
THIS AGREEMENl'is made Februa r.y 17 -.- ,2004, between Midori
Financial, 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 on Old Coach Way, Poway, California, APN 276449-11
B The property of Owner.isnotadjacent 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 forthe 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, withimsix (6) mcnths"fromdateof this agreement, make application
for aConnection:and pay all City's regular charges and fees, inclu,ding City's installation and
any required backflo,w prevention charges and.connectiolJ 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 easementor encroachmentpermit which mightbe necessary to runa service
lateral from the'meter to the place of use on Owner's property The cost of acquiring,any
such easement or encroachment permit; and sU,bsequent maintenance of the service
laterqle)(tendingfrom th.e discharge side of the meter shall be entirely at Owner's expense,
and the City shall have no liability or responsibility therefore.
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2. The connection provided under the terms,ofthis Agreement shall be available to
, ser;ve water to the'property,ofOwner, as above describE;ld, oQly as long as such connection
'. shall serve onlyoneiR?Ltel.Such service and useoftlie.connection.maybe terminated by
the City upon thirty day~s'\Nritten notice addressed to,Owner,attheirlasrknown 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 conQection, or in the event of the
construction of tvyo or more residences thereon
3 Should City or otbers h,ereafter install or provide a City water main adjacent to
Owner's. property or at 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. Theamountofsuch charges and fees shall
include thosethatCity then charged for providing anieter:and,service from the new main,
together with such other reasonable charges as City' may establish, including a
proportionate share of the cost of installation of such newmain.
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4 A.ny breach or violation of the terms and' cpnditions established by this
Agr~ementor of City's rules'"mcj regulations shall, at the option of the City, permit City to
terminateJhis Agreemenfand'temporary connection ifsuch breach or violation is not cured
within thicty days after written notice given to Owner or their successors in interest,by City
In the eventofsuch termination, City'may disconnect thedine 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, pursuanUd'the provisionsofthe "MunicipallmprovementAct of 1913",
orthe "Improvement Act ofj,911 ", 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 AgrE?e.ment has been executed by Owner and on
behalf of City pursuant to motion approved by the PowayCity Council at its meeting held
February 17, 2004
CITY OF POWAY
By'
Niall Fritz Craig er, Managing Partner
Director of Develop men " ervices ,. Mi ori Financial
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(Signatures must be notarized Notary form attached.)
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CALifORNIAALL.PURPOSE ACKNOWLEDGMENT No 5907
,^ C2/' t=,?r"""
! State of
County of s) V\ 1::>, "'J~
On Feb. zs 70o...J before me, /<::"", '''' CVl1, II PC N,., j..>,~ p" [., /, c-
OATE ,
N'AME, TITLE OF OFFi'CER E.G., "JANE DOE, NOT AY PUBLIC"
personally appeared Cr,,) :), ~>u I kvi ~('
NA~E(S) OF SIGNER/5)
8 personally known to me - OR- 0 proved to,me on ,the basis of satisfactory evidence
to be'the person(.s} whose name(-&j is/&f'e.
subscribed to the within instrument and ac-
knowledged to me that he/sfte/tf\ey executed
the sa-me in his / i'te1'f t t:J.e+r authorized
~ ~ - - - - ~Nt. :iiB!- -l capacity(ies-) , and that by his/~tfle+f
signature(-&) on the instrument the person(s-),
. Ccmmission#1267441
b- . No~=-g>;~ria ~. or the entity upon behalf of which the
i _ _ _ _Mt.:':"'.:.~-:~l:~i person(.s} acted, executed the instrument.
WITNESS my. hand and official seal.
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SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law,.!t may prove valuable to persons, relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIDUAL
D CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(~)
'd PARTNER(S) D LIMITED
D GENERAL
D ATTORNEY,IN,FACT NUMBER OF PAGES
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
o OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993'NATIQNALNOTARY ASSOCIATION" 8236 RemmetAve., P.O. 80i7184" Can.age. Park, CA 91309-7184