Agreement Respecting Temporary Sewer Connection 2004-0111050
-""., ':' ~~CORDINGREQUES.D BY ) DOC. 2004-0111050
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CITY OF POWAY ) FEB 12. 2004 8:29 AM
) OfFICIAL RECORDS
AND WHEN RECORDED MAIL TO: ) SAN DIEGO COUNTY RECORDER'S OFFICE
) GREGO~'Y J. SMITH. COUNTY RECORDER
f<t CITY CLERi:( ) FEES: 0.00
, .' , CITYOFPOWAY )
? POBOX 789 )
1; POWAY, CA 92074 )
f ) (This space for Recorder's use onlv)
~ No. transfer tax due )
This document affects APN' 278"170-77
{)If' AGREEMENT RESPECTING TEMPORARY SEWER CONNECTION
THIS AGREEMENT is made Februa rv 3 ,2004, between Tharwat
Issa, 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 Qalifornia, and within the boundaries of the City, The
property of Owner is more particularly described as follows:
Property located at 16110 Lakeview Road, APN 278-170-77
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
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from her 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 herself and her 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 fe!'ls 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 e[lcroachment permit, 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 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 tb be serVed from such connection, or in the event of the construction of
two or more residences thereon
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3, ShoiM City or 6th~ers hereafter:install or provide a City sewer main adjacentto
OW[ler',s pr'bp,e"rtyor at location from which City then, determines is to be the point of
per'm.anent'cbbhettion,:the temporary connection:permitted by this Agreement shall, upon
demand,by the,City, beterminated. After such termination, any future sewer service shall
be provided by a connection to the new City main upon the payment to Citypy Owner of
any charges and feesthen established by City The amountofsuch charges and fees shall
include those that City thenchar'ged for connection to the new main, together with such
other reasonable charges as City,.may establish, including'a proportionate share ofthe cost
of installation of such new main ora line charge
4 Any breach or violation of the terms and conditions established by this
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Agreement or of City's rules and regul;:jtions 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 ortheir successors in interest by
City In the event of such termiflation, 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
assessmentdistrict, pursuant to the provisions of either the "Municipal Improvement Act of
1913", or the "Improvement Act of 1911 ", for the construction and install?tion of a
permanent sewer system. Owne'r 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 dCity pursuant to motion approved bY the PowayCity Council at its meeting held
February 3, 2004
CITY OF POWAY OWNER.
By /J~ Thilp..,AHf- :r < sJ
Niall Fritz Tharwat Issa
(Signature must be notarized Notary form attached.)
M:\engser'v\04Reports\Te"mp.Sewer Connection APN 278-170-80 ~Dakis)\Temp Sewer Conn Agreement.doc
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California \ } ss
I County of _<;A/V iJ/ aD
,r- -, 2rJt?( before me, hi Yt tI f In / ,AI/t!, 1/ (}T h y4.'3L I c;..
On rLIS '1
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Date ~ . Name andT,Ue 01 OfflC6/{e.g" "Jane Ooe. NotaryPublic1 ,I
personally appeared flm~ 1 ~ AI' T4':>-4
. Name(s)of Signer(s)
1 o personally known to me 1
~Oved to me on the basis of satisfactory
evidence
I
1 to be the person~ whose name~ is/ak(
~ PHYlLIS SHINN subscribed to the within instrument and
-. Commission # 1450304 acknowledged to m,; that ,~Shej~ executed
1 ~ . -,,; Notarv Public. California ~ the same/ in hjSLher t'Del!. / authoriz89
. San Diego County - capacity~ and that" by ~her/t~
My comm. Expires Nov 9, 2007 signature/}{ on the instrument the personX[. ~
the entit! upon behalf of which the person
acted, executed the instrument.
WITNES ~hand an::Jt,seal. ::J
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U SignatureofN'otaryPubhc I
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OPTIONAL
Though the information below IS not required by law, it may prove valuable to persons relying on ,he document and could prevent '1
fraudulent removal and reattachment of this form to another document. ,1
Description of Attached Document ]
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litle or Type of Document: ,I
1 Document Date: Number of Pages:
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Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer 1
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Signer's Name: ,1
1 .
1 o Individual lop 01 Ihumb here
I o Corporate Officer - Title(s): 1
1 o Partner - 0 Limited 0 General
I' o Attorney.in-Fact 1
I, o Trustee 1
o Guardian or Conservator 1
o Other' I
Signer Is Representing:
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@ 1999 National Notary II,ssociation . 9350 De Solo A~e., P.O. Box 2402. Chatsworth. CA 91313.2402. WWW.nalionalnotary.org Proc.No 5907 Reorosr: Call Toll Free 1.800-876.6827