Agreement Respecting Temporary Water Connection 2003-0620563
RECORDING REQUES~BY ) DOC '2003-0620563
) MAY
CITY OFPOWAY ) 28~ 2003 8:27 AM
) OFFICIAL RECORDS
AND WHEN RECORDED MAIL TO' ) SAN DIEGO COUNTY RECORDER'S OFFICE
) GREGORY J. SMITH, COUNTY RECORDER
CITYCLERK ) FEES: 17.00
~ .cITY OF PO\fVAY )
. . POBOX 789 )
.~.~ POWAY, CA 92074. l
r No. transfer tax due ) (This space for Recorder's useonlv)
( .' Thisdcicumenl affeds-:--PN: 314c650-03 ;~
I , ..
AGREEMENTRESPECTINGTEMPORARY WATER CONNECTION
THISAGREEMENT is made. ~ -7- 03 ,2003, between Darryl L.
Anders'onand Joyce C Ander~6n,tierein called "Owner", and the City of Poway, herein
>,-- '. -,. . . - .-' I.'
called "City", in viewofthefollowingfads:
A. Owner has title to the following described reaLproperty situated in the County of
San Diego, State of California, ,and within the boundaries of the City The
prope.rty of owner is more particularly descrit>!3d as follows.
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Property located at 14840 Midland Road, PoWay, California, APN 314"650-03
B The property of Owner is not adjacent to any water main of the City, and Owner
has applied for permission to connect with .~ 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 connectipn 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 abQvedescribed property, and City, as follows.
1 Owner will, within six(~) months from dateofthis agreement, make application
for a connection and pay all City:s regular charges and,f?es, including City's installation and
any required backflow'prevehtion:cllai'gesiand connecllpn and expansion fees, in effect at
the'time of installation of a meterand,service connectior;l on the City's nearest main, and
acquire,any.easementlor encroachme,nt permit which might be necessary to run a service
lateral'from the meter to the place of useon Owner's property The cost of acquiring any
such easement or encroachme'nt perrilit, and subsequent maintenance of the service
lateral extending from the discharge side'ofthe metersrall be entirely at-Owner's expense,
and the City shall have no liability, or resp?nsibilitytherefore.
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2 The conneCtion provided under theterms otthisAgreement shall be available to
serve watertothe property dOwner, as above described, only. as long as such connection
shall ser'veonlyonepClrcel. Such service and use of the connection may be terminated by
t~eCity,uponthictyday:s-written notice addressed to o.wr;Jer at their fast 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 sllch cCinnection, or in the event of the
construction of two or more residences thereon
3 Should City or others hereafter install,orprovide a City water main adjacent to
Owner's property or at location from which City thengeterniines is to be the 'point of
permanent connection, the'temporary connection permitted by this Agreement shall, upon
demand by the City, be terminatEid. After such terminatjon, any future water service shall
be provided by a connection to the, new City main upoh-the payment to City by Owner of
anycharges and feesthen estatJ!i"h~d by City TIle amount of such charges and fees shall
include th9se that Citythen chargedJor providing a,meter and service from the new main,
together with such other reasonable charges as Gity may establish, inclLlding a
proportionate share of the cost of'installation of such new main.
4 Any breach or viola.tion of the terms and conditions established by this
Agrei9ment or of City's rules and regLilationsshall, at ttie;option of the City, permit City to
term,inatethis Agreement and temporaryconnection if sych breach or violation is notcured
Within thirty days after written notice given to Owner ortheir successors in interest by City,
In the event of such termination, 9ity may disconnect the line without any further liabilitY or
obligation to Owner or their suc~essors in interest. '
5 Owner hereby further agrees to participate in, the formation of a special
assessment district, pursuant to the provisions of the "Municipallmprovement Act of 1913",
." (
or the "Improvement Act of1911",for the construction and installation of a permanent water
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system. Owner further acknowlecjges that his/her property wilL be assessed for its
proportionate share of the costs pHhe work of improvement. Owner waives any rights, at
this.tinie, 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 Pow~y City Council at its meeting held
April 29. 2003 i
CITY OF POWAY OWN~RS
By' L/i
Ni a 11 Fritz
(Signatures must be notarized.
M:\engserv\03Reports\Anderson Temporary,Water\ Temp Wtr"ConnAgreement.doc
CAl:.1FOI:tI'llIA ALL.PURPIEACKNOWLEDGMENT .
State,of ._C.QJI~\~
County'of &(\Di~ D
On ('(\A'-j '7, .,;JOo~ before me, ~'1\etlti-e t:>.
Dale Name-an'd Title o(Officer (e.g.. Jane Doe, Notary Publi")
personally appeared t:x:trr I.f \ L, AC\r!erbO()
Name(~)cif Signer(sl
EJfJ'''~u, ,ctlly,kr lown 10 me _ UH-~ proved to me on the ba,sis of satisfactory evidence to be theperson(Bj
l- - - - ;H;R;;E ~. ~O~L- ~ whose name(W'a.Fesubscribed to the within instrument
and acknowledged to me that 4la/sReftf1ey executed the
~ Commission II 1223093 same in ~erfttreir authorized capacity(iesj. and that by
~.. . Notary Public - Califomm . ~ .IiIlS7l1~r-signaturetsron the instrument the persontsj,
1.:; .. San Diego.County ~ or the'entity'upon behalf of which the person(s) acted,
My Comm. Expires Jun 30. 2(]l!3
,01; .....;,.""\r......, ........ "" ~ ... - -- - - executed the instrument.
WITNESS my hand and official seal.
~1Jf1udR
Ignalureof NolaryPubhc
OPTIONAL
Though the information below is not required.b'i1aw, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form'to another document.
D~,scription of Attached Document
Title or Type of Document: ~ rI\-\ ~"fet~~ "'T -e V)\ p \An f-.p r COtIM'diDn
DocumentDate: ('(lA\j ~.cOOO?--' Number of Pages: ()...
Signer(s) Other Than Named Above' -;:Io'1c.e AnJe~(\
Capacity(ies) Claimed by Sigl1er(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer o Corporate Officer
Title(s)' Title(s): .
o Partner - 0 Limited OGeneral o Partner -O.Limited 0 General
o Attorney-in-Fact o Attorn~y-in'Fact
o 'Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator
o Other' 'Top ollhumb here o Other' Top 01 thumb here
Signer Is Representing: Signer Is Representing:
,
@1994'NationaINolaryAssOciation'8236RemmetAve P,O. Box 7184' Canoga Park, .CA 91309-7184 Prod. No. 5907 Aeorde": Call Toll-Free 1-800-876-6827
;
. . .
:CAl.IFORNDA ALL,PURPOSE ACKNOWLEDGMENT No. 5907 <-
,
State of en \\ ~r()\ ~
County of 31(\ DiP~/)
On m~ \IL-Ooo~ before me, .csre~-e. ~. Worrell, f\)Oh{~ Publ\<. '
DATE NAME, ,TITLE OF OFFICER E.G., 'JANE DO ,NOTARY PUBLIC
personally appeared ~e r. . ArdeKnC\
NAME(Sj' OF SIGNER(S)
o personally known to me . OR . ~ proved to me on the basis of satisfactory evidence
i- - - - -.- - -- - - - to be the perso~ whose name..(.5')@are
.fJ """''''.- J ocb,,,;b,d to 'h";'h;" ;oo',"m,,' aod 00-
-- , C_ClfT1!T1IS8~on",1223093 ~
j' NOiaryPublic _ Caliromia .~ knowledged to me that tl=ley executed
i . San Diego CountY f the same in h-ts-/~theH:- authorized
_ _ _ _My~m~~"':.kJ:30.:.~ . capacity(i-e-st, and that by fti-s/~/t-hcif
signaturets) on the instrument the person(Sj,
or the entity upon behalf of which the
person(%) acted, executed the instrument
WITNESS my hand and official seal.
~OJA1J.~
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 forme
.CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER P>e\'!'\'r~spec.\-\(\~ \~t \.0,.( CD (\() .
TITLE OR TV OF DO UMENT
TITLE/5)
o PARTNER(S) o LIMITED
o GENERAL J..L "
.0, 'AlT0RNEY'INcFACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER: mflN~, .)OO~
I 'DATE OF DOCUMENT
SIGNER IS REPRESENTING; \:::o.rC'~ L.~
NAME OF PERSON(S) OR ENTITY(IES)
SIGN (S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARYASSOCIATION.8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184