Agreement Respecting Temporary Sewer Connection 2004-0793395
-, OC" . . R'cC()~DiNG REQUESA BY
, DOCn. "-
) 2004-079'3395
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CITY OF POWAY ) lUll III iil 1111111I1111I111111111I11111I111/11 1//111/11111111 1/1/111I
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AND WHEN RECORDED MAIL TO' ) tl,UG 20 2004 8'37 AM
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?b~ CITY CLERK ) CiFFICI..:.J,L F:ECClR[I'-
:I,.:.J,r) SI~Equ UJUf'lT'1 FIEei iFi['EF:"::. UFFIrE
CITY OF POWA Y ) 1.1r:EI_.!JH\1 ,~All H CCiUHT', PEUW[IE-F'
~ POBOX 789 ) FEE':, 1;'00 I --I .,
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POWAY, CA 92074 ) 1111111 IIllilllll 111111111I11'" 11111 1111I 11111 IIlil 11111 11111 11111 1111I 1111 1 III
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No. transfer tax due )
This document affects APN. 314-650-18
AGREEMENT RESPECTING TEMPORARY SEWER CONNECTION
THIS AGREEMENTis made J 11I.1 ~ I'~ ,2004, betweenThomas
J Fisher, Carole B Fisher, and Hele I iebe an, ereiri 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 Califorhia, and within tile boundaries of the City The
property of Owner is more particularly described as follows.
Property located at 14864 Budwin Lane, APN 314-650-18
B The property of Owner is not adjacent to any sewermain of the City, and Owner
has applied for permissiOn to connect with a City'main at a location removed
from his propertyforthe 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 themselves and their
successors in interest, in the above described property, and City, as follows:
1 Owner will, withinsi,x (6) months from date ophis agreement, make,application
for a connection and pay.all City's regular charges and fees in effect atthetimeofservices
connection to the Oity'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 orehcroachrilent 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. TheconnectiiJn'provided under the terms 6f this,[l.greement shall be available to
the property of Owner, as above described, onlyas 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 to,be served from such connection, or in the event of the construction of
two or more residences thereon.
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3 Should City or others hereafter install or provide a City sewer main adjacent to
Qwner's prop~rty Qrat a location from which City then determines is to be the point of
permanent cO,hheCtion, the temporary connection permitted by this Agreementshall, upon
demand t>y:theCity,beterminated. After such termination, any future sewer 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 conneCtion'tQtt)e new main, together with such
otherreasonable charges as City may establish, including a proportionate share ofthe cost
of installation of such new main or a line charge.
4 Any breach or violation of the terms and conditions established by this
Agreement,or of City's rules,and ,regulations shall, aUhe tlption of the City, permit City to
terminate this Agreement and the temporary connection if such breach or violation is not
curedwithin 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
assessmenFdistrict, pursuanHo the provisions of either the "Municipal Improvement Act of
1913", or the "Improvement Act of 1911", for the construction and installation of a
permanent sewer 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 protestor object tD 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 PowayCity Council at'its meeting held
AugList 3, 2004
CITY OF POWAY \JJ:/ V
BY4('''''~ -
Nia Fritz , Thomas J !l71slier "-
QCL,'L~lL 6, '::(, ~ 1UUL--
Carole B Fisher
~~
Helen Lieberman
(Signatures must be notarized Notary form attached.)
M:\engserv\04Reports\Fisher Temp Sewer\Fisher Temp Sewer Conn Agreement.doc
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGME~T
~
State of California
County ot
o personally known to me
'~ved to me on the basis of satisfactory
evidence
l- ~ - ~ - - ~li;~ - -I to be the person(s) whose name(s) ~are
subscribed to the within instrument and J
~ Commission # 1450304 acknowiedged to me that Mis~/they executed
~ '.-_ Notary piJbllc. cafllamla I
" ' SOn Diego Coun\y" - the same in ~!\j&their authorized I
j Mycomm.bt:*"SNov,9,2007( capacity(ies),. and that by l)i!;/iM/their I
I ------------ signature(s) on the instrument the person(s), or
I the entity upon behalf of which the person(s)
acted, executed the instrument.
I WIT~ha3LndoM ~
I , A ' J f't/V7
. U SlgnalureofNotaryPubhC
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons 'fe/ying on the document and could prevent
I fraudvlentremoval and reattachment of this form to another document.
I Description of Attached Document
I Title or Type of Documenti!{,(?t~6PrKt5;JEZ77~ 76Y'1~ SWerz U;~~
Document Date: ../14 /...y / (P. z..O t) V Number of Pages: Z-
Signer(s) Other Than Named Abo~e: #'/'fL. L. r..e I rz--
Capacity(ies) Claimed by Signer J
I Signer's Name:
.
o Individual Top of thumb here
o Corporate Officer - Title(s): I
o Partner - 0 Limited 0 General
o Attorney.in-Fact
o Trustee
o Guardian or Conservator
o Other:
Signer Is Representing:
"
@ 1999 National Notary Association' 9350 De Soto Ave" P.O. Box 2402' Ch'ltsworth, CA 91313.2402' wwWnahonalnolary,org Prod No. 5907 Reorder: Call ToU-Free 1-S00.S76-6827
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CALlFORNIAALL.PURPOSE ACKNOWLEDGMENT
State of California j } ss
County of '- <Y7;z1 ./ / E6 D
On I!w {7 &, 2jO! before rne-#LrU f5 J#fN~ ,A/OT~nteLlC::-
Date /1//4 it- FR ! T z::.mf~ and Title of Olfle,eT (e_g.. "lane Doe, Notary Public")
personally appeared
,
Niu'ne(s)ofSigne'r(s)
, ~rsonally. known to me
1 D proved to me on the basis of satisfactory
1 evidence I
I' to be the personK whose name(~ is/~
[ 1 ~- :.::r::..;. - J, subscribed to the, within instrument and
" acknowledged to me that.he/~/t~ executed
the same in his/her/tll6ir authorized
~ ...... No1OIy PublIc .c<iIttomkr f capacity(~ and that by his/i'lEI/t~
j' San Diego cauntv - signature~on the instrument the personOO, or
1 - - - ~:":,,,:.~~~~i the entity upon behalf of which the personi'~,"
I, acted, executed:the instrument.
I,
1
1
I,
1
I 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.
1 Description of Attached Document /811/' ~k: (D~'</tZ77cvt/
1 Title or Type of Document- lEl7i1tRt,
I, J-tt.v I U
1 Document'Date: ZOU Number of Pages: Z
I' ,
I' Signer(s) Other Than Named Above:
1 Capacity(ies) Claime~ Signer /
I' ,~ -.,,r: I
Signer's Name:l!#1/115 "fJC7t'/J:;,eDC c/75/1o:; I!czov /1 r;&?:J;1
1
, o Individual Top 01 thumb here
o Corporate Officer ~ Tilie(s):
, o Partner - 0 Limited 0 General
I' o Afforney.in.Fact
1 o Trustee
I, o Guardian or Conservator
1 o Other'
1
Signer Is Representing:
- ~
@ 1999 National Nolary AssociallOn' 9350 De Solo Ave.. P,O. Box 2402. Chatsworth, CA 91313-2402. www.netionalnotaryorg Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827