Agreement Respecting Temp Water Connection 2002-0921581
.;: _ _11. RE,GORDING REQUEStD BY DOC. 2002-0921581
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) , .
) OCT 22, 2002 1.1.:26 AM
-;'" GITY OF POWA Y )
) OFFICIAL RECORDS
AND WHEN RECORDED MAIL 10' ) SI1N DIEliO COIJHTV RECORDER'S' OFFICE
) lM6lJRVuJ ,SMITH. COIJHTV RECORDER
CITY CLERK ) 11316 FEES: 14,00
CITY OF POWAY ) -111111111111111111111111111 ~
, P 0 BOX789 )
POWAY, CA 92074 )
) 2002.0921581
No. transfertax due ) (This:space tor Recorder's use only)
This,document.affects APN: 278~300-,60
AGREEMENT RESpECTING TEMPORARY WATER CONNECTION
THIS AGREEMENT is.:made (jd fin , 2002, between Eric
and Terri Bodiker, herein called "Owner", and'the City of Po way, herein called "City", in
view of the fcillowingfacts.
A. Owner has title to'!heJollowing 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 15210 Oak Canyon Road, Pbway, California, APN 278"300"
60
B. The property of Owner is not.adjacenUo 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 aWater 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 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 c08nection and pay all City's'regular charges and fees, including City's installation
and any, requiredbackflow prevention charges ;,md connecti()n and expansion fees, in
Elffect.at. t.hetjrnE:! of installation of a meter a'nd s-ervice connection on the City's 8earest
main, and acquire any easemenl'or encroachment permitwhich,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 fromJhedischarge'side gfthenieter shall be entirely at Owner's
expense, and th-e City shall have no liability or responsibiiity therefore.
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/POd-DIP, /qMjlSCtl-IiO;;2. 130
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2. The coMection provided under the terms of this'Agreementshallbe available to
serve watertci,t~.eprcipertyof Owner, as,above described~.onlyaslong as such connection
shaljserve,onlyone parcel. Such service and use ofthe cQnl1.ectibn maybe terminated by
the City upon thirty day:swrittennotice:addressedtoOwner attheir last known address on
file in the Cityin.the event the service isextended'tb a,ny 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
Own'er's property or at locati()n from which City'then d(:itermines is to be the point of
, permanent connection, the:temporary connectioiqYerl11itted by this Agreementshall, upon
demand by the City, be terminate,d After such termination, any future water service shall
be provided by a conllectibn'tb-thenew City main upon tbe payment to City by Owner of
any charges and fees then established by City The 'amount of such charges and fees
shall inClude.thQse 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 viDlati()n of the terl11sand conditions established by this
Agreement or of City's rules and regulations shall, at the option of the City, permit City to
terminate this Agreement and.temporary connection if such . breach or violation is not cured
Y'!ithin thirtydays,after written'notice given to Owner or their' successors in interest by City
In theeventofsuch termination, Citymay disconnect the line without any further liability or
obligation to Owner or their successors in interest.
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5. Owner hereby further agrees to participate, in the formation of a special
assessment district, pursuantto the;provisions of the "MunicipaLlmprovement Act of 1913",
or the "ll11provement Act of 191'1;',for the construction and in'stallation of a permanent
water system. Owner further acknowledges that his/her property will be assessed for its
proportionate share of the costs oHhe work of improvement. Owner waives any rights, at
this time, to protest orobjectto the formation ofthe assessment district.
IN WITNESS WHEREOF,thisAgreement has .been executed by Owner and on
behalfo City pursuant to motion approved by the Poway City Council at its meeting held
mDa 02-
CITY OF POWAY o~
By' //J J~
Niall Fritz Eric Bodiker
T~
(Signatures must be notarized Notary form attached.)
M:\engserv\02report\MDRA01-093 Temp Wr Conn Agreement.doc
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.. ~~LIFORNIA .ALL-PUIR.t~EACKNOWLEDG..fENl' . 113t8
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. 'State of (~"'.
County of S~U~' ,
On I ()J /I! 0-2- tiefore,me, fJbLc(L
Date ' I' 12" N e~and;T1tle ?f,O!ficer(e.g., "Jane Doe, Nota
;per..so'lallyappeared ,);V/ C lXid LW), J6rrL riod r 0/V
~ , ame(s) of Stgner(s)
~rsonallY known to me - OR -Uprovedto me onthirbasis,of satisfactory evidence to be the person(s)
whose name(s)iilIare subscribed:to,the within instrument
and acknowledgedHomethat'M#stle/tHeyexe'cutecrlhe -
- same in ~/theirauthorized capacity(ies), and that by
Commission '.1253008 hill/hellth€!ir sigmitwe,(s).~>n the instrument the person(s),
N~tary Publi.c - California ~ or the entity'upon behalf of which the person(s) acted,
S.n,Oiego County - executedJhe instrument
My~,~i~ F~10,2lXl4
WITNESS myhand-and official seal.
1~~,~,~~~
OPTIONAL
Though' the''information below is notrequ7redby law"it-'mayprove valuabfe:topersons relying on the document and could prevent
fraudulent reinovaf'andreattachmentof this Jorm to another document.
Description of Attached Document
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Title or Type, of Document:
Document'Date: Number of Pages:
Signer(s) Other Than Named Above:
Capaci!Y(ies) Claimed by Sigrier(s)
Signer's Name: Signer's Name:
o Individual 0 Individual
o Corporate Officer 0 Corporate'Officer
Title(s)' Title(s):
o Partner - D Limited D General 0 Pariner'-- 0 Limited D General
o AJtorney-in-F~ct . tJ .i\ttqr.n<1y-in-Fact
o Trusiee D Trustee
. c ...., '-.'__,
o Guardian or Conservator D" Guard{an,orConservator
o Other" Top'of thumb here 0 Other.' Top of thumb here
Signer Is Representing: Signer is, Representing:
c' 1994 National N~~ry Association. 6236 Remmel Ave., P.D:' &x 7184 . Canoga Par1c., CA 91309-7184 Prod. No. 5907 Reorder: Call-Toll-Free 1-800-676-6627