Agreement Respecting Temporary Water Connection 1977-251903
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..AGE liO?7-2~1903
, BOOK 1977
RECORDED REOUEST OF
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POVlAY'HUNICIPAL WATER DISTRICT
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'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
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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
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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.
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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.
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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
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~t:.wea
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STATE OF CALIFORNIA
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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.
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, ...' c5FFicIALSEAL I
:~. ,ORETi-IAM_POPE
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. J-$-~~'ii.":1 "'H~NL:1PAL,OFFICE'IN
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, ...'~ 3;\1'1 [)~EGO C~O~NIY .
My CommLisior. Expi~es July 5, .1977 "
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Notary ,Publ~c ~n and for~
County and State
STATE OF CALIFORNIA
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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.
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OFFICIAL.SEA-L
EVi" L. POWELL
NOTARY P\J811C - c:"AUFORrJJA
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,My cO~.'r'<cxprres ..~~G 15, .1980 r
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t~.:n
Notary Public in
C6\iiityand
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and for said
State
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