Agreement Respecting Temporary Sewer Connection 2008-0653889
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'; DOC# 2008~O653889
RECORDING REQUESTED BY: ) 11111I11111111111 11111111111111111111111111111111111111111111111111111
) DEe 24, 2008 2:47 PM
CITY OF POWAY )
) 7779 OFFI[I.~L F:ECOF:D:,:
WHEN RECORDED MAIL TO: ) , ,:,0,11 DIEGO LOUNr, RECUmlER'S OFFICE
f<tp, ) I~F:EGOR'i.l. :,:I",IITH, I~Uulir( RErIIRDEF:
CITY CLERK ) FEES; 19,00
o ' CITY OF POWAY ) PAGES: 4
lio-r> po, BOX 789 )
POWAY, CA 92074 ) 1 111111 1111I 11111 11111 11111 11111 11111 11111 IIUII 11111 11111 II III11I1111111111
) ,
PARCEL 2 OF PM 1972
AGREEMENT RESPECTING TEMPORARY SEWER CONNECTION
THIS AGREEMENT is made on \ t rJ ~ V , 2008, between
Dan E. Littrell. Trustee of the Littrell Family Trust dated November 7. 1990, and Timothy
Littrell, a married man as his sole and separate property. as joint tenants, 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 16312 Orchard Bend Road, 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 pemii! a temporary connection at its nearest main.
providing Owner agrees to and accepts the following terms and
conditions,
IT IS THEREFOREAGRE'ED 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 service connection to the City's nearest main, and acquire any easement or
Encroachment Permit that 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 instailation and subsequent maintenance of the service lateral shall be
entirely. at Owner's expense, and the City shall have no liability or responsibility
therefore,' " ' ' " . "
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Parcel 2 of pM1972
Agreement Respecting Temporary Sewer Connection
Page 2 "
778:0
2. The connection provided ,under the terms of this Agreement shall
be'ava,i1abl~tb the property of Owner, as' above described, only as long as such
coiinectlonshailserve only one parcel. Such service aDd u,se of the connection may
.be terminated by the City upon'thirty days' written notic~, adClressedto Owner at his last
known address on file in the City, in the event the service is extended to any division of
the propertyirito two or more separate parcels to be served from such connection, or in
the everit of the construction of two ormore residences thereon.
3. Should ,City or others hereafter ,install or provide a City sewer .main,
adjacent to Owner's pro'perty6r at a location from which City then determines is to be
the pOint of permanent conriection, the temporary connection permitted by this
Agreemerit 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 0wner of any charges and fees.theh 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 afine charge,
4, Any breach or violation of the terms and, conditions established by this
Agreemeritor-of Oitis' njles,and teguiations shall,at',the;,option of ' the City, perniit CitY-- -
to terminate this Agr?erl)ent and the temporary connection, if such breac,h or violation
is. hot cOiedwithin thirty days ,after written notice :given ,tbOWner or their successors
in; interest by 'City: In the event of such terminatiori,C1Wrnaydisconnect the line
without any further liability orobligati6ri 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 "lmprovement.Act of 1911", for the ~bnstruction and installation of a
permanent sewer system, Owner further aCknowledges that his property will be
assessed for its proportiomiteshaie of the costs of the work of improvement. Owner
waiv,~s 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
behal(bf, City by the Poway City Manager on i2 -:02.- '2;.C:/:::P) , 2008. ,
CITYOF POWAY
OWNER:
By:~Q
Rod Gould
City Manager
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Dari E, Littrell fTimothy Littrell
Owner Owner
(Signatures must be notarized. Notary form attached)
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7781
CALIFORNIA ALL-PURPOSE ,ACKNOWLEDGMENT
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County of
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State of California
personally appeared
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who proved to me on the basis of satisfactory evidence to
be the person@whose narn~jIl1@,subscribed to ,the
within ;i'n trument and acknowledged A me that
~/s~ e, executed the same in ~~r/~uthorized
capaci ' ,and that~,~/I)6/~ignature@on the
instrument the pJ.Ui.o~,or the entity upon behalf of
which the perso~ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State'of California that the foregoing paragraph is
Irue and correct.
WITN
Signal
OPTIONAL
Though the inform?tion below is not, required by law, it'may prove valuable to persons, relying on,the document
and could prevent fraudulenrrf?moval and reattachment of this form to another document.
Descripfion of AltaChe~cumenl ~ r. ('\'
Title or Type of Document: , '" -t ' --Ue..6J-.'~ JQ T <\., ~="n
Document Date: . Number b!pages:
Signer(s) Other Than Named Above: i!-.o d ~ I (I ~ m(A./l~
Capacily(ies) Claimed by Signer(s)
Place Notary Seal Above.
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Signer's'NB:r:ne:
D Individual
D Corporale'Oflicer - Tille(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
o Guardian or Conservator
DOther:
Signer's Name:
D Individual
D Corporate Otficer - Tille(s);
D Partner - D Limiled D General
D Attorney in Fact
D Trustee
D Guardia,n ,or Cons~rvator
D Other:
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Signer Is Representing:
Signer Is Representing:
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@2007 National Notary ASSOCiation' 9350 De Soto Ave_, F,O, Box 2402' Chatsworth, CA 91313-2402' www,NauonalNotary,org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
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7782
CALIFORNIA ALL.PU~POSE ACKN()WLED~IYIEN:r
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State of California }
County of S:'ln Oip.(Jo
On 12/-z-t3-CO~ before me, -Slwllp\, Gollins'~"",4fx..e~~~);~of"'OIf"",'
personally appearedKcb ~C'1.A\ D
Namu(sJ ol Slgnef(s)
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who proved to me on the basis of satisfactory evidence to
be the personls("whose name(~subscribed to the
within instrument. and acknowledged to me that
@beAhey executed the ' same in~ authorized
capacity~ and that by ~ signature(JlYon the
instrument the person(8r. or the entity upon behalf of
which the person..(:;Yacted. executed the instrument.
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Cllflllllllllon t1 17.7479
j NoIorr Public . Callforrilo
J ' ~ Ian Diego cOunty'
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I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Place Notary Seal Above
WITNESS ~and and offlcla
Signature CJ\~
OPTIONAL
Though the infonna#on below is not required by la\lY, it may prove valuabfe.to persons relying on the document
and could prevent fraudufent removal and reattachment of this form to'another document.
Description of Attache
Title or Type of Documen' :
(\Q(\-1U'f\
Document Date:
1\
Signer(s) Other Than Named Above:
'~
Number of Pages:
U t\-v--e. LL
Capacity(ies) Claimed bySigner(s)
Signer's Name:
.0 tndividual
o Corporate Officer - lll1e(s):
o Partner - 0 Umlted 0 General
.. 0 ,Anomey in Fact
n Trustee
o Guardian or Conservator
o Other:
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Signer's Name:
o tndlvidual
o Corporate Officer - Tme(s):
o Partner - 0 !.imUed 0 General
o Anorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHUHUMBPRINT
OF SIGN~R
RIGHTTHU1,lSPhfNT
if' O~SIGNEA_:-:
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Signer Is Representing;
Signer Is Representing:
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02007Nallona1 Notary As$4OOtion-9J50 DEe Soto AVe..p.o.e~2402.ChaISWQfttl.CA 913t3-2402-www.NalionalNolary.org fttIm 15907 Roorder:CalllblH'1eel.a00.876-6827'
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