Loading...
Agreement Respecting Temporary Water Connection 1977-251903 ,~:~~:' /)./' 1-. --, 'R "~d~" d .. 'I '1 'I' Wl~en, ecor e ~al ,0: 990 1 ) ) ) ) ,l ) ) ) ) ) ) ) ) Rel()c~-no.;) (')\J\~ . No (\e.5, ~equ~y~J. "-. ... ..AGE liO?7-2~1903 , BOOK 1977 RECORDED REOUEST OF e~W ',' ~~c..W<ll.~ O;;~+J'..ct --JUH]S35 AH '71 .' .. POVlAY'HUNICIPAL WATER DISTRICT . .. . '. 'Post Office Box 348 J?,oway, CafH:ornia 92064 OFF I ClAl,R ECORD S SAN PIEGae aUNT'" CAi'/F "ARLEY F.OI,OOM' . HCORDER -2 '1 ~ - \'10 -3 / AGREEMENT RESPECTING TEMPORARY WATER CONNECTION NO FEE THIS AGREEMENT is made June 20 between Carleton,L. & Margaret E. McCobb "Owner", and poway Ml,l,nlC}.pal Wa,ter .D,lS1::}::'lCt herein 'called "District"; in view of the following , 197 7 herein called facts: A. O'Nner has title to the fOllowing described real property situated in the County.- of Ssm Diego, State of California, and within the boundaries of the D'istrict. 'The property' of Owner is more parti- ,cular.ly described as follows: Assessors, Tax Parcel #278-170-31 The Northerly 330.00 feet of the Easterly 264.00 feet of the Westerly 792.pO: .feet of the South Half of Lot 4 in Section 31, Township 13 South,Rall.ge_ ,J, west, :San~'ernaI(:lin()Meri9ian. in the County of San Diego, 'State of california, according to the official plat thereof. EXCEPTING therefrom the Westerly 35.00 feet of the Southerly 165.00 feet of said land. . B. The property of. OWner is not adjacent to any water main of District, and Owner has applied for permission to connect with a District main at a location removed from their property for the pur- pose of providing a water supply for the property. C. District is willing to permit 'a temporary connect_ion .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 District, as follows: 1. Owner will pay all District"s -regular charges and fees, ih- cluding Distric-t "sinstar'lation and any required backflow prevention charges and connection and expansion fees',in effect at the tims of installation of a meter ahd service connection on the District's nearest main, and acq1.lire any easement or encroachment permit which Page 1 of 4 ,- , .. 991 . might be necessciryt:o run' a'ser,vicelater'al from the meter to the placeo,f llse on Owne:c' 9' property. The co""t 'of acqui17ing any such easement or encroachment permit, the installation, and subsequent maintenance of' the service lateral extending from the discharge side of the meter shall be entirely at Owner's expense, and the District shall have no liability or responsibility therefor. - . 2. ,The connection provided under the terms of this agreement shall be available to serve water to the property of Owner', as above descricbed, only so long as such connection sl1all serve only one parcel. Such service and use of the connection may be terminated by the Ois.trict upon thirty days' written notice addressed to Owner at their last known address on file in theI;listrict: in the event the service is extended to any subdivision of the property into two or ~ore separate parcels to be served from such connection, or in the event of the construction of two or more residences thereon. 3. Should District or others hereafter install or provide a District water main a'djacent to, Owner I s property which would extend to Owner's property so-as to serve all portions thereof, the temporary connection permit by this agreement shall, upon demand by the District, be terminated. After such termination, any future water service shall be provided by a connection to the new District main upon the payment t9 District by Owner of any connection fee, then established by nistr-ict. The amount of such fee shall include the e~pense incurred by District in moving the me,terto the new main" together, wi th such other reason,- able charges as District may establish', inclUding a pro rata 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 District's rules and ' regulations shall, at the option of District, permit District to terminate this agreement and the temporary connection if such breai;;h or violation is not cured within thirty days after written notice glvenOwner or their successors in interest by District. Irithe event, of such termination, District may disconnect the line withciut any further liability or obligation to Owner or their successors in interest. ' 5. Ovinerhereby further agrees to participate in the format.~on of a special, assessmen't district., pursuant to the provisions of either the "Municipal Improvement Act of 1913",- cir the "Improvement Act of 1911", for the construction and instaTlation of a permanent water _ system. Owner further-acknowledges that the cost and expenses for said improvements will be assessed over ,all properties benefited from the works of improvement and Owner ia'lsQ,acknow-le9ges: .that his, property will be assessed' for its proportionate share, bf the costs of the 'works of improvement. Owner waives any rights, at this time, to protest or object to the formation of the asse'ssment district. Page 2 of 4 .-,f'-:" .. 992 .. IN WITNESS WHEREOF', thi's'agr,eemeIithas b,een exec;uteg. !JY 'Owner and on behalf of District, pursuant to resolution by its Board of Directors. POWAY Har~y Barber OWNER (;~/~i# ~t:.wea Page 3 of 4 '. ;~;?.-;... .,~;", .. .. 993 STATE OF CALIFORNIA ) ) ss. ) COUNTY OF SAN DIEGO On -:Y'q/Ve ~p ., 197L, before me, the under- .signed, a Notary Public-iri and for the State of California, with principal 'of:fice in th~ C6unty of San Diego, per-sonally appeared e4/?-A- ~'1o/U j..., /77. (!o6.t3,. '0-..p /7,4gC;;,,:;r e'e7 E /lq. (!d~ know~ to me to be theperson~ whose name~4"J2~ subscribed to the within Instrumerit,and acknowledged to me that rl;FY executed the same. I WITNESS my hand and ,official seal. ~ _ _ _ ...-"""":""'", ...-...- ....._~~..~ -- ....~~~ ~ "':'- _....- , ...' c5FFicIALSEAL I :~. ,ORETi-IAM_POPE ,;~~,~,~,: NJr."oin' ~'Vj..L_IC" ""C~-;~,I~,EqRN1A:. ' . J-$-~~'ii.":1 "'H~NL:1PAL,OFFICE'IN ~A~/ ' , ...'~ 3;\1'1 [)~EGO C~O~NIY . My CommLisior. Expi~es July 5, .1977 " Ai"'... - ...__W -- __ ~7ff, U' Notary ,Publ~c ~n and for~ County and State STATE OF CALIFORNIA ) ) ) ss. COUNTY OF SAN DIEGO On June' 23 , 1977 , before me, the under- signed, a Notary Public in and for the saildCounty and State, residing therein, duly cominIssioned and sworn, personally appeared Harry Barber known to me to be the General Manager of POWAY MUNICIPAL WATER DISTRICT" the corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf. of the Corporation therein named, and acknowledged to me that such Corporation executed the same. ' WITNESS my hand and official seal. .0 ...~'.iol~~ ....::..:':;:.--.::::::........ OFFICIAL.SEA-L EVi" L. POWELL NOTARY P\J811C - c:"AUFORrJJA ~~~, o'l'EGO coui\J"T'y > ,My cO~.'r'<cxprres ..~~G 15, .1980 r ~~ t~.:n Notary Public in C6\iiityand ~,.~~~ and for said State Page 4 of 4