Agreement Respecting Temporary Water Connection 1980-196361
"~ ,'w, '
,,:"'r.'::-;'~..". ,"
'" ~ "
"
93
,
)
)
)
)
)
)
)
)
)
)
)
)
) No ~e~o'ul'lo~ -
-"EiFAGC' ~~?;:;1.96361
~ BOOK 198:;
" RE,CO~DEDR/J1~:.:O-~~~
Y:&~u]tL'fe-1L /J,;)t
JUN 2010 zdl:\'80 ' ,
J~h8n ,R8corded Hall To:
POWAY ,I1u:NIGTP.A;I;' WATER DisTRICT
'""n'_ ,', >,C' ". ,_ ,__ ,"' _,
Po.s'tc Office Box 348
PO'i..ay, 'Califor,nia 92064
OFFICIAL REC~RDS ,_
SAN O,IEGO GOUHH CAL.-,
VER'AL, LYLE
RECORDER
$6.00
AGREEMENT RESPECTING,TEMPORARY WATER CONNECTION
THIS AGRElli~NT is made
,be:tw~en Tim J. Cennole
"Owner", and P6way'Mliriicipal Water
herein called "District", in view of the
June IS'
, 191so
herein called
District
follewing facts:
A. OIIDer has title to. the fellewing described real preperty
situated in the County of San Diego., State ef California, and within
thebeundaries ef the District. 'The preperty ef O"mer is more part i-
cular-ly described asfollo.ws:
,Parcel' 2 of parceLMap ,No, 9035, being a pertion ef th~
Southeas,tc <;)uar,ter ,ofc Section 22, and;thE!,' 'West' HalL'of"
the 'Southwest Quarter of Section 23, all in Township 14
South, Range 2,West', San Bernardino.' Ba'se and ,Meridian, in
t)1e Ceunty of San Diego, State of California.
B. ?he property of Owner is not aqjacent to. any water main of
D:vstrict, 2..:.'1d Owner has applied for permission' to. connect with a
District Rain at a locatien removed from their property for the pur-
pose of providing a water supply fer the property.
c. District -i's \iilling to permit' a temporary co.nnectio.n at its
nearest ca'~, providing Ol~er agrees to. and accepts the following terms
and conditions.
IT I'S r THEREFOREr 'AGREED by O~.,ner;F c'n: ber..alf' of: th~~s~lv~s: -a;nd
their successo.rs in interest in the above described pro.perty, and
District, as follows:
L 1. O~TIer,wil~, within six (6) months from date o.f this agree-
mem.., make aoopllcatlon for a meter and pay all District's regular charges
and fee~, 2."',cluding District's, instaliationand any required backflow
preven'tlon cnarges and co.nnectlon and expansion fees in effect at the
time of installation of a meter and service connecti;n on the District's
nearest main." and acquire any easemen't or encroachment permit which
Page 1 o.f 4
.
.~..~
tit
94_
might, :be necess'a:iyto run ~a :sgryke l'ateralfr.om the meter: tg the
pl'&'ce, ,of use qn 'c2\~ner' s' property. ,Th~ 'c;ost of, acc:iuir.irig'any such
~aeemg~t or encroachment permit, the 'instal~~tion a~d pubsequent
riiairitenancg of the service. 1 ClterE-J,. extending from, the. d'ischarge side
of,the meter shall be, entirely, at, 'bwner"s expense, 'and the District
sPAl~ have ria liability or resp6ris1bility there~9r. '
};i. The cOl}necti6n'providedunder, the terms of this agreement
shall be availabie to serve water to the property of Owner, as above
,de,scribed, only so long as such connection shall ser,ve only one parceL
Suc::hserv.i<::e, aIld use of the connection may be terminated by the 'piptrict
up6hthir.ty days' wr:itbm 'notice addressed to Owner at their last known
,adaress on file in the District in the event the ,service i:s extended, to
"""-"'''.'_ ' ' , "...' ,n' ,.', ,._ _''_.,
allY d~v::i:sion of the property into two or more, separate parcels: to be '
served from such connection; or in the event of the construction9f two
or more residences thereqn.
3. Should District or others here!'lfter install or provide Cl
District water main Cldja<:;ent to Owner's property or at a location from'
which District then' determines is to be 'the point of permanent' c'6ri-
nection, the temporary connection permitted by this agreement;, shall,
upon demand by the D1st:rict, be terminated,. After such termination,
any f,uture water servic,eshall be provided .by a connection to the new
District main UP.on the payment to District by Owner of any charges,
and' fees then es'tablished by District. The Clmount of such charges
and ,fe5!s shall include. those District then ch"rges fgr prov:\.d~:lng a'
meter and service' to 'tlie' new 'main, together: with suchOther reason-
able charges as District may establish, ~ncluding a proportionate
,share of the cost of installation of such new main.
4. Any breach or violation of the terms and conditions estab-
'lished by this agreement or of Distric:t"s r,ules and regulations shall,
at the option of District, permit District to terminate this agreement
aIld the temporary connection if such breach or violation is ,not cured
'V!'i,;thin thirty days after written notice giyen Owner or their successors
in interest by District. ,In the event of such termination, District
ma'y disconnect the lirie without any further ,liability or obligation
'to Owner 'or their successors in interest. '
5. Owner herebyfu,rther agrees to, participate in the formation
of a special assessmeritdistrict, pursuant to the provis:i;ons ,of either
the "Municipal Improvement, Act ,of 1913."", or the "Improvement Act of
1911", for the cons,truction and installation of a permanent water
system. Q,,'ner further 'a~knm-l'ledges ,tha13' 'the "cost ,and 'expe!',ses,fcH:sa,j;d,
irnprovements 1'7ill be assessed over all properties beneflted from the
works of improvement and'Owner aisoacknOwledges that his property
will be assessed for its proportionate .share' of the costs of the works
of improvement. Owner waives any :rights, ,at this time, to protest or
object to the formation of the assessment district.
~
Page 2 of 4
,,'
~.,~
-'.- :'~'- ~~~.
,--
,/,
,
9;5
.')
,6,. In 'or4er.: to o]:)t?iIl' adequate j:>re'ss\.lresth12011gh tohe tempo~
rary' water! c6nnect:fon,O>'lner, I:\i,n be requfredto, ins'ta'l'i 'and maJIn-
taiJn, at qwner" s sole, co'stand expense, pumping ,facil'i ties.
, '
IN 'WITNESS WHEREOF, this agreement, :has been: execllted ,by Qwner
and on, behalf oT District purs,uant to resolution by its' Bo'ardof
'" ~ ' ',~
Diirec;tors.
-OWNER ' /I /'
(.., ..~ f L.-
'C~
By
Tim J. c"nole
13953 Frame Road
PO',J3.Y, Ca. nOG4
566'-0373
General Manager
Harry Barber
Page 3 of 4
tit
96
~)
STATE ,OiCALLFORNIA
,C.oQNTY 0]" SAN DIEGO
)
), ss.
)
On June 'i8, , 19780 ,before me, the under~
sj;gned, a,Notary Public in al1d for, the state of California; with
principal off;ice in the County of San Diego, personally appeared
-------------- TIM J. CONNOLE ----------~----------
known to me to he the person whose name. :is
to, the ,within Instrument, an'cracknowledgecrto me that
executed the same. '
subscr,ibed
he
WITNESS my hand and, official seal.
~~o. 2
Notary Public in
County and
90VjcD \).1..
and for said
State
STATE OF CALIFORNIA )
,-- --....,C)~ss~-
COUNTY OF SAN DIEGO )
On June, 18 , 197 80 iq,efore me, the under-
signed, a Notary Pub!icinand for the said county and State,
residing therein, duly commissioned arid sworn, personally appeared
Harry Ba'rber ' ' , ' known tome to be the General
Hanager of POWAY MUNrCIPAL WATER DISTRICT" the corporation that
executed ,the within Instrument, known to, me to be the person who
executed the within Instrument, on beha'lf 'of the Corporation
therein named, and acknowledged tome that such Corporation executed
the same. '
, . WITNESS my hand ,and official seal.
-,~--=~-=.:
OFFICIAL. SEAL
EVIA I, POWEll
NOTARY PUBLIC - CAlIFO-RN1A
SAN DIEGO COUNfY \
~A.v, com,~~:xPires AUG ~5, 1980 l
~~<Lo ~:. 9ert l_L1'~ ~
NotarY .public in and for said
, County and State
/
Page .4 of 4