Agreement Respecting Temporary Water Connection 2004-0175378
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'"Y' ~ R'ECORDING REQUEST. BY )6980"" 'IDOC .. 2004-0175378
. ) ~~MAR '04. 2004 9:05 AM
cl' . '0 CITY OF POWAY ) ~."'
r.~ . . . ) . ." <'."" OFFICIAL RECORDS
3fJ ANDWHEN RECORDED MAIUO:) i/i~';SflN DIEGO .COU'lTY RECORDER'S OFFICE
t!hl )' "GRffiDRYJ. SlfITH, COUNTY RECORDER
CITY CL.ERK ) FEES: 14.00
CITY OF POWAY )
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No. transfer tax due ) (This space for Recorder's use onlv)
This document affects APN 276-1'40-12
AGREEMENT RESPEC:rING TEMPORARY WATER CONNECTION
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THIS AGREEMENT is made February 17 _.- ,2004, between Midori.
Financial, herein called "Owner", and the City of Poway, herein called "City", in view of the
following facts:
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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 276-140-12.
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 p'roperty for the purpose of providing a water supply for the property
C City is willing to permit a temporary connection at its nearest niain, providing
Owner agrees to and accepts the following terms and conditions.
It is, THEREfORE', A,<3REED by Owner, on behalf of themselves and their
successors in interestin'theabove described property, and City, as follows:
1 Owner will, within six (6) months from date of this agreement, make application
for a conn$CtioQ ana pay,alI8ity!s,regula'r'charges:andfees, inciuding City's instal.lation and
any required backflowprevention;chargesand connection and expansion fees, in effect at
the time of installation of a metercand service connection on the City's nearest maih, and
acquire any easement or enc'roachmeht permit which rnightbe flecessary to run a service
lateral from the nieter tothe'place of use on Owner's property The cost of acquiring any
such easement; or encroachment permit; and subsequent maintenance of the service
lateral extendingfrornthe discharge side of the meter shall be entirely at Owner's expense,
and theCity:shallhave no liability or responsibility therefore
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\ 2. The connection,provided under the terms ofthis Agreement shall be available to
~~ serve water 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 by
the City upon thirtyday:s written notice addressed to Owner at their last known address on
file in the City inthe eventthe 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 location from which 'City then determines is to be the point of
permanent connection, theterilporary connection permitted by this Agreementshall, 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 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 reasonable 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, atthe,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 terniination, 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, pursuanttothe provisions of the "Municipal Improvement Act of 1913",
orthe "Improvement Act of 1911 ",forthe construction and installation ofa permanent water
system. Owner further acknowledges that his property will be assessed for its
proportionate share of the costs ofthe 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 17, 2004
CITY OF POW A Y OWNER:~
By /~ }-~
Cr I ulkner, Managing Partner
. Niall Fritz
Director of Development Services ", ori Financial
(Signatures must be notarized Notary form attached.)
,;'" ".". . 6982.
. CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT No 5907
State of C ;;, , , f'o "VI ; .
County of S"V\ b, '""j n
On F,_b. 'Z.<;, 700'-1 before me, ~v,,, C,01,llrr N,,~.r~ P.,bl,c..
DATE NAME, TITLE OF OFFICER E G., "JANE DOE, NOTA Y PUBLIC
personally appeared .. Cr,,') 3'. F,,,I L"""
. NAME(S) OF SIGNER1S)
B personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the, person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), arid that by his/her/their
~ - - - - - ~N ~. ~I~- -I signature(s) on the instrument the person(s),
_8' Commissloi1#1267441 z or the entity upon behalf of which the
1 .... Notay PublIc: . California ~ .
Z . San.o<egOCounly ~I person(s) acted, executed the Instrument.
~ _ _ _ _Mt~.:.~J,::l:.2lD4
WITNESS my hand and official seal.
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SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent 'reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION DF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF OOCUMENT
TlnE(S)
o pAi=lTNER(S) 0 lJMITEO
o GENERAL
o ATTORNEY-IN-FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSaN(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184