Agreement Respecting Temporary Sewer Connection 1989-668161
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~~OiNGREOUESTED BY
",. W-HEN RECORDED " TO:
City Cler-k
City of 'poway
P.O.. 'Box 789
Poway, CA 92094
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r- ~t:. t~. LYLE
COUNTY H"LI,",U"_
AGREEMENT RESPECTING TEMPORARY ,SEWER CONNECTION
herein
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caTled
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llCity",
19l1, between
herein called "Owner",
in view of the
^ THT S AGREEMENT. i..'~.
nnY'nal )'€deA 1
and the, City of Poway,'
following facts:
made
A. Owner has title to, the fOllowing des'cribed real pr:operty
s~-tuated ih the County o,,,fSan Diego, St:ate.))f .Calif9rnia, and
wf-thih. .the b9undaries ,of the City . The property of Owner is more
par,ticularly de,scribed a's ,follows:
~11 t"at portio';' of Lou 1>,5 .and I~, Tract "A", POW8Y, 1'1 tile City of PO,tR.y,
Count., of !llIn P1er,o, State ~f CAlifornia, 8ccordf'lri;' to'fspthereof wo, .536,
fUell'1n the Office of the r.~l.inty Recorder of ClAn Die[!o ~ounty, Hay 7,1P-IID,
and that portion of "'h8ion Iloadl-A alljoining ea1d: Tract "A" on the !apt,
more particularly deacril>e~: 'ap a whole aa f"Uow! I
CGlll'!\enclng ata point In, ,the center Un,e of lid';' 'lfulon lloa~ I-A Ilht",!t
tlien.on 1II0rth 00117' 00" "Atit, 47P..19 feet 'frOt'! 'th~ point of Intenectfon of
u1t!center 1Ine, with the ~atitetlj "rolon~8tfonaf the South Une of ..id
'Tract "A"; thence?lorth 1111 22'40" Weat,I,H.Oll','!!"t to theTF.tlE POINT,. OF
PEc:tNIlJll~1 beinl( ahoil point "e~efn l!eDign8t!!d. '.0 Point "A"I thence ,
eanttnuhlg tIorth l!7,S: 22' 40"Veut, 121.12 feetl'thence South 001 ]7' 00" Veat;
I ~O. nO feet I thence, South 117'.22'40" bst., 121.12 foeti thence Ilorth 001 37'
00" ~lIt, 180.'00' reet toth. 'TRUE ,POII1T C)1'BF.CINl/ll11t:.
'B. The property,o.f Owner is not 'adjacent to any sewer main
cif the City, and Owner has applied for p!"r~ission to connect with
a Ci.ty main at a location ;removed frSJm 'th~'ir property for the
purpose of providing a sewer system for the property.
C. City is will,ing tCl perrnit a temporary copnection at its
'nearest main, 'providing Owne'i:: agree-s to andaccep'ts the following
terms and conditions.
and
and
IT IS, THEREfORE, AGREED by Owne~, on behalf of themselves
their successors ih interest in the above described propelC.t.y,
City, as follows:
1. Owner will, within six (6) months from date of this
Agreement, make applitation for a connection and pay all City's
regular charges and fees, in effect at the time of service
connection to the City's. nearest main, .a:ndacquire any easement
or enq,-oachment permit whi,ch might 'be necessary to run..a service
l,ateral from the main to the Owner's property line. The cost of
acquiring any such easement or encroachment permit, the installation
and. subsequent maint'enance of the service la.teral shall be entirely
at Owner.' s expense, and the city shall have no liability or
responsibility the~efor.
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2. The connection provided under the terms of this
Agreement shall be a'va'ilable to the property of Owner, as above
described, only' so long as such connection shall serve only one
parcel. Such service and use of the ~onnection may be terminated
by the City upon thirty days! written notice addressed to Owner
at their 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 permi.t ted 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 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 suth bre~ch or violation
is not cured within thirty days after written notice given Owner
or their successors in interest by City. In the event of such
termina tion, City may disconnect the line, wi thou t 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/her 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 December 20. 1988
CITY OF POWAY
OWNER
By
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(Notary acknowledgement attached)
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STATE OF CALIFORNIA
ss.
COUNTY OF SAN DIEGO
On this 'Rr,z day of O('/;;{-'/A/ , 19K'.t.-, before me, the
undersigned, a Notary Public in and for the State of California,
personally appeared 44/7'7.44 ~do ;{: ,
proved to me on the basis of satisfactory evidence to be the
person tJ4 whose name .A'/J subscribed to the within
instrument, and acknowledged to me that ____~___ executed the
same.
WITNESS my hand and official seal.
(Seal)
OFFICIAL :;l:AL
NANCY III NEllFELD
Nnt~r' pt..'blic-Cafifomla
gA~i OIEGO COUNTY
STATE OF CALIFORNIA
ss.
COUNTY OF SAN DIEGO
On this day of 19 ,before me, the
undersigned, a Notary Public in and for the State of California,
personally appeared MARJORIE K. WAHLSTEN, personally known to me
to be the CITY CLERK of the CITY OF POWAY, and
known to me to be the person who executed the within instrument
on behalf of said public corporation, agency or political sub-
division, and acknowledged to me that such public corporation,
agency, or political subdivision executed the same.
Notary Public in and for said
County and State