Agreement Respecting Temporary Sewer Connection 2006-0769029
. 1 . .1C # 2006-0769029
, .
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RECORDING REQUESTED BY: )
) OCT 30, 2006 2:21 PM
CITY OF POWAY )
) OFFICI.6.L F:ECOF:[I')
WHEN RECORDED MAIL TO: ~l ;J,qj PIE 1:10 COU/'J 1'1" F-lECOF:(IER~, OFFICE
GREGOR"I'.J ~.MITH COUf-JT'f r~E(OF1DER
t Q '1 Q'i) FEr~; 17 (lIj
CITY CLERK F'p.GE'::; 4
CITY OF POWAY 'tf l 1 IIIlil 11111 11111 1/!/111111 111I1 11;//11:11 "III II/II IIIIi lll!l ~!IIIIl!llllilllll
P.O. BOX 789
POWAY, CA 92074 ~~ 2006-0769029
APN: 321-410-40
AGREEMENT RESPECTING TEMPORARY SEWER CONNECTION
THIS AGREEMENT is made Mav2 , 2006, between Philip J. Butzen and
Joan K, Butzen, 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 14805 Budwin Lane, Poway, CA 92064
B. The property of Owner is not adjacent to any sewer main of the City and
Owner has applied for permission to connect with a City main at a location
removed from his property for the 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, within six (6) months from date of this agreement, make
application for a connection and pay all City's regular charges and fees in effect at the
time of services connection to the City'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 or Encroachment
Permit, and 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. The connection provided under the terms of this Agreement shall be
available to the property of Owner, as above described, only as long as such connection
shall serve only one parcel. Such service and use of the connection may be terminated
cX..P ~. (L. <i.
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.~ . .
321-410-40
Agreement Respecting Temporary Sewer Connection 10710
Page 2
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.
3. Should City or others hereafter install or provide a City sewer main
adjacent to Owner's property or at a location from which City then determines is to be
the point of permanent connection, the temporary connection permitted by this
Agreement shall, upon demand by the City, be terminated. 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 to 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 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, at the option of the City, permit City
to terminate this Agreement and the temporary connection if such breach or violation is
not cured within 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
assessment district, pursuant to 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 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 Poway City Council at its meeting
held May 2, 2006. .
CITY OF POWAY
By.~~I<
Director of Development Services
(Signatures must be notarized.
.
"..'. · 10711
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California }
ss.
County of J? AN /) I 1; e-. '0
On ..:rUNG s~ 2&06 before me, Nt rALSf'fflH (No'TFj-1!-.y ;:'vd!tU
Dale Name and Title 01 Officer (e.g., "Jane Doe, Notary Public")
personally appeared A-f 1(...1 I' :::JA ~ r; $ /3 () '7 7 M'-:J /J _7 ~IJ-N
Narne(s)of Sigl1Elr(s)
leA '7~l!-If'Jr: A v 7z.(0-t0
c:: personally known to me
'--E:'"proved to me on the basis of satisfactory evidence
to be the person(s) whose name{s) i61are subscribed
1& . . . . . . . . . . .' . ~ . . . ... ( to the within instrument and acknowledged to me that
_ c~~#~640508 rn ..hE!/sftg/they executed the same in Jlis/tler/their
iii.' _Pu~ ~ authorized capacity{ies), and that by rns/her/their
Ul ~~ 2010 signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Pia'" No,"" Seal Aoo.e ~
Sig tureolNotaryPublic
OPTIONAL
Though the information below is not required by law. it may prove valuable to persons refying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Dale: Number of Pages:
Signer(s) Other Than Named Above:
Capacity{ies) Claimed by Slgner(s)
Signer's Name: Signer's Name:
o Individual 0 Individual
o Corporate Officer - Tltle(s): 0 Corporate Officer - Tltle(s):
o Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
o Attorney in Fact Top:r thumb here 0 Attorney in Fact
Top of thumb here
o Trustee 0 Trustee
o Guardian or Conservator 0 Guardian or Conservator
o Other: 0 Other:
Signer Is Representing: Signer Is Representing:
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c 2004 National Notary Asscx:ialion . 9350 De SolO Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Ilem No. 5907 Reorder: Call Toll-Free ,.8Q()..876-6827
, . . t10712
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On OCTf}/JO< N, 20()(P before me, Phyllis Shinn, Notary Public
Date . Name and Title 01 Officer (e.g., "Jane Doe. Notary Public"]
personally appeared AlIIfLL FJe /Tz.-
Name(s) of Signer(s)
'V\persOnallY known to me - OR - D proved to me on the basis of satisfactory evidence to be the personOO
whose nameOO is/a,e subscribed to the within instrument
and acknowledged to me that he~/t~ executed the
_ _ _ _ _ _ _ _ _ _ _ _ same in his/t1;lI!/ttVw authorized capacity(~, and that by
~ PHYlLIS SHINN ~ his/H;1:/~r signatureClQ on the instrument the person~,
_@ o~~... ,,_ ,,'h, '""" 'P'" b'h''',' whi,h 'h, ""="(~ ,,"d,
~ ,--:. Notary Public. California f executed the instrument.
j' San DIega County (
_ _ _ ~:,,:m:..Ex~e~~9..:.2~7 WITNESS my hand and official seal.
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.
Description of Attached Document ..JZ j- q I () ~ l.f !J
Title or Type of Document: 1/91?EXi11EIVT "t?E:5;?;;C:J7;t1c;r-E/t1fJO,fMY .fwEY?G'##U:71~
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Document Date: fJ1fJ Y 2. ZI!)&lf Number of Pages: 2
, Jf)/}fV !<. d l/t TZ C/V
Signer(s) Other Than Named Above: -Iff 1 L f.J1 J. ;4 ;Vb
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
D Individual D Individual
D Corporate Officer D Corporate Officer
Title(s): Title(s):
D Partner - D Limited D General D Partner - D Limited D General
D Attorney.in-Fact D Attorney-in-Fact
D Trustee D Trustee
D Guardian or Conservator RIGHT THUMBPRINT D Guardian or Conservator
OF SIGNER
D Other: Top of thumb here D Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
C 1994 National Notary Association. 8236 Remmet Ave., P.O. Box 7184' Canoga Park. CA 91309-7184 Prod. No. 5907 Reorder: Call ToIl.Free 1-800-876-6827