Agreement Respecting Temporary Water Connection 2002-0985571
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"'J ....~ RECOkDING'REQUES ED BY ) 2002-09855'71
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= ~. Clirv OF;P0WAY )
~\ NOV 05. 2002 10:34 AM
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;i c AND:WI:H=;N R,ECORDED MAIL TO' ), OFFICIAl. RECORDS
) SAk:,DIE60 COUNTV RECORDER'S OffICE
V' CITY CLERK ) GII6lIRV J. SIIITH, COUNTV RECORDER
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, CITY 6F"POWAY ) FEES: 14,00
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,.. P 0 BOX 789 ) ~lIn II ~lmJ.IIII.~ I r
POWAY, CA 92074 )
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No. transfer tax'due ) '~,.,' ".... ~1Jc;."'...G IVI I '\.CLoI.:JI ut:I::)',utie ~nlv)
This document affe"ctsAPN: 321,.230-71
AGREEMENT RESPECTING TEMpORARYWATER CONNECTION
THIS AGREEMENTis made, August 20 ,2002, between Michael
WolI and Ann WolI,hereinc;alled "OiNner", and'the CitY of Poway, herein called "City", in
view of the following facts:
A. Owner has title tothe 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 14480 Carlson Court, Poway, California', APN 321-230-71.
B. The property of Owner is no/adjacent to any watermain of the City, and Owner
has applied for permission to connect with ac;ity main at a locati()n ,removed
from their property forthe purpose of providing aiNater supply for the property
C City is willing tciPElrmit a temporary connection at its nearest main, providing
OW[1er 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.
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Owner will, within six (6) months from date of this agreement, make application \
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for a connection and pay'all City'sregular charges ami f?es, 'including City:s installatiqn and
any required bagkflowpr~ventibn charges andconnec!ionan~.e)q5,ansion fees, in effect at
the ti.me of insfallation ofa':meter'and serviceconnettion on the,.Gity's nearest main, and
acquire any easement or encroachment permit 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 ser,vice
lateral extendingfrom,thedischarge,side onh~ meter shallt5e eniirelyat Owner's expense,
and the city shall have noliahility o(responsibilitytheref6re.
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,2, 1heconnection proviged under ttie terms of this Agreementshall be available to
s.~iY~iNi.jtEir~!O,thE!ip~operty.of Owner, asabove'described, only as long as such connection
shall'serve,onlyone parcel.. Such:serviceaniluse ofthe connection may be terminated by
the City upon thirty day:s writtennotice'addressedto,Ownenit their last known address on
file;in.the.Cityinthe event the serviceiis,extE;lnde.d,to any,divisionofthe 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 installorprovideca City water main adjacent to
Owner's property or at location from which City then determines is to be the' point of
permanent connection, the temporary connection, permitted by thisAgreementshall,upon
demand by the City, be terminated, AftersuchtermiilatiCl,n, any future water service shall
be providecj bya connection;to the new City main upon the payment to City by Owner of
any charges ai"Jd fees then established by City The amount of such charges and fees shall
inclUde those that Citythen charged for providing a meter and servicefromthe 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 violation of the terms ani:! conditions established by this
Agreement orof City's rulesahd regulations shall, atthe,option ofthe City, permit City to
termihatethisAgreement aniltemporary connection:ifsuch breach or violation isnotcured
within thirty days'after written notice given to Owner or their successors in interest t:ly City
In the'event of such.terminatiol"l, City may disconnectthe !ine'wittiout any further Iiabilityor
obligation to Owner or their su'ccessors in interest.
5 Owner hereby further agrees to participate in the formation of a special
assessmentdistrict,pursuanUo the provisions of the "Municipal Improvement Act of 1913",
or the "Improvement Actof 1911", for the construction' and installation of a permcment water
system. Owner further acknowledges that l1is/her property will be assessed for its
proportionate shareoftheco~ts ofthework of improvement. Owner waives any rights, at
this time, to protest or object to the formation of the assessment district.
IN WITNESS WtlEREOF, this Agreement has been executed by Owner and on
behalf OfCi~ pursuant to motion approved by the Poway City Council at its meeting held
_ ,August 0,2002
CITY OF PO\f:JAY OWNERS'
By dj-'~ ~ , ~~~ A://
~WOII
U0v /IJ~- .
AnneWolI
(Signatures must be notarized. Notary form attached.)
M:\engserv\02report\WollTel'T}p Wtr Con.n.Agreement.doc
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CALlI7'ORNIA ALL-PURPOSE ACKNOWLEDGMENT
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" ,
" State of California ,
, Son 1), e~o ,
" County of ,
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" On , before me,
Dale Name n Title of Officer (e.g., "Jane Doe Notary Public")
" fuln \Noll- 4- Nwtle\ WD\L-
personally appeared
Name(s}of Signer(5)
D personally known to me ,
,
'R,proved to me on the basis of satisfactory ,
evidence
" to be the person(s) whose name(s) is/are
subscribed to the within instrument and
" ~ (i '''''"'' ... ..,," ~
, acknowledged to me that he/she/they executed
" .. Comm./1347554 1/1 the same in his/her/their authorized
, U) N01.A.AV PUB~IC.CALlfORNIA _ capacity(ies), and that by his/her/their
, San DiegtlCounty signature(s) on the instrument the person(s), or
My Comm. hpire.MarcUl.200t ..
, the entity upon behalf of which the person(s)
" acted, executed the instrument.
,
WITNESS my hand and official seal.
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" '7/
, Place Notary Seal Abo'le
, S' ure of Notary Public
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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. ,
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Description of Attached Document \ ~~\1~ '\t~\l\'~ \\JoLr<< CvlWO
Title or Type of Document: ~ r~
Document Date: _~1.~j.:)l....... Number of Pages: ~
Signer(s) Other Than Nam,ed Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual .
Top ollhumb here
o Corporate Officer.,- Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
D Guardian or Conservator
,
" o Other'
,
" Signer Is Representing:
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@1999NationaINotaryAssoClatjon.9350DeSotoAve" P.O. Bo~ 2402. Chatsworth, CA91313-2402' W\\fW.nalionalnolaryorg Prod,No.5007 Reorder: Call Toll Free 1-800.876.6827