Agreement Respecting Temporary Water Connection 2004-1109875
~ - -- ---
I' o. # 2004-1109875
c'" RECORDING REQUEST. BY )
. t "'1" ) 111111111 III 11111 l1li11111111111 11111 111111111111111111111111111111111
,
CITY OF POWAY )
~\ ) NOV 23, 2004 12:20 PM
AND WHEN RECORDED'MAIL TO' ) I
) OFFll],o,L REWRO':,
1f. CITY CLERK ~:'-lN [d_E00 [IJllt'J r '( FiECOFiC'ER":. OFFIf:E
) I,F:~.~UFI'I.I 3t',ilTH ITIUHT'1 RECUHDER
\Jt CITY OF POWAY ) FEE'" 1401.1
P'-l'ciE '; J
POBOX 789 )
POWAY, CA 92074 15254) 1111111111111111111111"11111111111111111111111111111111111111111111111111111111
) 2004.1109875
No. transfer tax due )
. . ...- ,- -
This document affects 'APN 321-270-21
- -
AGREEMENT RESPECTING TEMPORARY WA TERCONN ECTION
THIS AGREEMENT is made Od. ...:2tr: M , 2004, between the
--- Faaborg Family Trust 02-27 -03, 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 15411 Blue Crystal Trails, Poway, California, Assessor
Parcel No 321-270-21
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,inthe above described property, anrl 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, including City's installation and
any required backflow prevention charges and connection and expansion fees, in effect at
the tirne of installation of a meter and service connection on the City's nearest main, and
acquire any easement or encroachment perrnit which might be necessary to run a 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 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 res'ponsibility therefore
DI{,.21 d-
I' . .
15255
;
2. The connection provided under the terms,of.!ilisAgreement shall be available to
serve water to the,propertyi:(jfOWner, as above described, onlY as long as such connection
shall serve only one parcel, Such,service and use ofthe 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 eventthe service is extended to any division of the property into two or
more separate parcels to be served from such cor)flection, or in the event of the
construction of two or more residences thereon.
3 Should City or ()thers hereafter install or provide a Citywater main adjacent to
O\ijner'sproperty or at a location from which City then determines is to be the point of
R.~manent connection, the ternporary connection permitted by this Agreeme.nLshall, 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 establLshed by City The amoLini of such charges and fees shall
iri!>LLide tho~.e,thahCityihenchargedJorproviding a.meter and service from the new'main,
together with such other reasonable charges .as City rnay establish, including a
proportionate share of the costofinstallation of such new rnain
4. Any breach or vjolation of the terms ancj conditions established by this
Agreement;orof City's rules and fegulations shall, aUhe option of the City, permit City to
terminatethi::;Agreement and'temporary connection if such breach or violation is not cured
Within thirtyd!,!ys after wriiten notice given to Owner or their successors in interest by City
In the event of such terrninatibn, City may disconnect the linewithout any further liability or
obligation to Owner or their successors in intere::;t.
5 O\l\lner hereby fu.rther agrees to participate in the forrnation of a special
assessment district, pursiJantto'the provisions of the "Municipal Improvement Act of 1913",
or the "Improvement Act of1911 ",for the construction and'installation of a permanentwater
system. Owner further ,acknowledges that his property will be assessed for its
proportionate share of the costs of the work of jrnprovement Owner waives any rights, at
this time; to protest or object to the formation of the asse.s"sment district.
IN WITNESS W.HEREOF, this Agreement has been executed by Owner and on
behalfof City pursuant to motion approved by the Poway City Council at its meeting held
October 19, 2004
CITY OF POWAY OWNER. Faaborg Farnily Trust
02-27-03
By' ~Z~A{cy
Niall Fritz obert E. Faaborg
Director of Develop
~.' ",,_),,6: :;2--~d~
Don nda G, Faaborg
(Signatures must be notarized Notary form attached)
I' . . 15256
c.
. ",
"
gALli=OR~IA .ALL,PU~POSE:A~Kt<!OWLEDGMENT
State ol,Cillifomia }
&. D ss,
County. 01 () \~O
I
On Q('*,. .;2%,e;lCbI..I betore me, ~bli
Date ,..
personally appeared . be& E. and
~ --- - ~--- - - ---~ - ~~--~ - - ._- --~
o personally known to me
jiil. proved to me on the basis 01 satisfactory
evidence
to be ,the person~ whose name(9 is/@
subscribed to ,the within instrument and
acknowledged to me that heIsf1eillWl executed I
_ _ _ __ _ .... ... - - - - ~ the same in hislher~ authorized
. ~ l);,WORREU. capacity( e , and that by hisiller6t
J.. ..Commlsalon# 14.~1698 . Sig...natur.e.'~n the instrument.the person(Sj>, or
.J '.. Notary ""*"c~! th"e entity upon behalf 01 which the person@
'. . ,1an~.....iUnSo.~ acted, executed the instrument.
, . " . MrCCRInL . .
,., - - - - _.,- - - .,..- - WITNESS' h d d ff. 'I I
".,.,. ,.~y~a
~ ,.JUULP .
Sigllallne of Notary Public
,I
OP,TIONAL1
Though the informalionbelow is not requi(ed~ 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 Attached 'Document I
Title or Type of Documentflttrxl. G/atJf2at.1vYij ~. .~ ~
[, Document Date:. Cl!i ' t)f:.:JOe" Number of Rages: ;;2..
Signerls) Other Than Named Above: ~. ~
Capacily(iesj'Claimed by Signer
Signer's Name: ~
,I
o Individual Top of thumb'hare
o Corporate Officer- Title(s):
o Rartner -0 Limited 0 (feneral
o Atlomey'in'Fact
o Trustee
D Guardian or Conservator
o Other' ,I
"igner Is Representing:
e 1999 National NOtary Association' 9350 De Solo Ave" P.o.-Box 2402' Chalsworth; CA 91313-2402' ~.na._tiof!alnotary.OIg Plod. No. 5907 Reorder: Call Toll-Free 1-800-676-6827