Agreement Respecting Temporary Water Connection 1978-081866
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Wh'2u REftdrded Mail To~(/'. '
~OWAY MUNICIPAL,iATER 'DISTRICT
:BostOf~iiceBox 34'8
poway, California 92064
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No'\' e. ~
"'-,
_ FILE/PACE Ho?8-=081866
eOOK1978 '
RECORDED REOUEST OF
DISTRICT
MAR 19 48A~ '78
.'
IIllO FH'
AGREEMENT RESPECTING TE~WORARY WATER CONNECTION
THIS AGREENENT is"rriade FEhR.It/)./?7 ;2..3
between M'/? II/ft./l/O,v &;; /r!CY'iF;. ,,'
"Ol-mer", and ?, wA ,',' I ;;tJi! (,KJ f~ff D/5''f/?;Cf...
herein called "Di trict", in view of the follmving
, 1978
herein called
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 District. 'The property of O\mer is more parti-
cularlydescribed as follows: ,
, fllaGI '3 .f fl1Reel 1'14P No JCZD, FlEd IN ft,E offiCE of. 'Me (ixuvl,y.REC'O/Grklt 6-f'S'/fld
(OLlJ1l~YJ!I1/J1lell 20,/117>" I1EC'MdE/lS ~/€ No 7.'0(;.]75'2; bICI1f6IJ-FM,h/y,tJFfl.[)o<<'/h",cIy,
114/f .+ s:'"fhw€,f @uwdEi?, oj YE6hO/V j.~ 7Oc.o)/,/.,;'? 1'/ S~<-<.f~1 'KfJI'/GE 2 fAjE5~
']f!.N ih=/CI'/Il-f{d/IVD !'fElt/dllll":,
B. ~he property. of Owner is not adjacent to any water main of
District, e.nd Owner has applied for permission to connect \-lith a
District Rain at a location removed from their property for the pur-
,po'se of providing a water supply for the property,
C. District is \villing to permit a temporary connection at its
neaorest ",,,,-iil, providing O\mer agrees to and accepts the following terms
and condi ::2.0ilS.
IT IS, THEREFORE, AGREED by O\mer,,, on behalf of themselves and
their s~ccessors in interest iri the above described property, and
District, e.s follows:
, , 1., C'Nneor ,wil~. within six (6) months from date of this agree-
ment. make e.?pllcatlon for a meter and pay all District's regular charges
and fees. iC'lcluding District'sihstallation and any required back flow
,prevention chclr,ge", and con[1ectiQn ,and expansion fees, in effect at the
time. of installation ofa meter anod' service connection on the District's
near'est melC'l, and acquire any easemen-t or encroachment permit which '
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might pe Decessa~y to ~un a ,se~~ice late~al f~om the mete~ to the
place, of :useon Own<=~"'s p~ope~ty. The cost of acqui~ing any such
easement or enc~oachment permit, the insta'llation and subsequent
maintenance of the se~vice late~al extenaing f~om the discha~ge side
of the mete~ shall be enti~ely at Owne~'s expense, and the Dist~ict
shall have no liability o~ ~esponsibility the~efo~.
2. The connection p~ovided unde~ the te~ms of this ag~eement
shill be available to se~ve wate~ to the p~ope~ty of Owner, as above
desc~ibed, only so long as such connection shall se~ve only one pa~cel.
Such se~vice and use of the connection may be te~minated by the Dist~ict
uponthi~ty days' w~ittefl ,notice add~essed to Owne~ at thei~ last known
add~ess on file in the Dist~ict in the event the se~vice is extended to
any subdivision of the p~ope~ty into two o~ mo~e sepa~ate pa~cels to be
se~ved f~om such connection, o~ in the event of the const~uction of two
o~ mo~e ~esidences the~eon.
3. Should Dist~ic,t o~ othe~s he~eafte~ install o~ provide a
District water main adjacent to Owner's p~ope~ty which would extend
to Owner's property so as to se~ve all portions thereof, the temporary
connection pe~mi t by this agre'ement shall, upon demand by the District,
be terminated. Afte~ such te~mination, any futu~e wate~ se~vice shall
be p~ovided by a connection to the new Dist~ict main upon the payment
to Dist~ict by Owne~ of any connection fee then established by Dist~ict.
The amount of such fee shall include the expense incu~red by Dist~ict
in moving the mete~ to the new main, together with such othe~ ~eason-
able cha~ges as Dist~ict may establish, including a p~orata 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 conn~ction if such breach or violation is not cured
within thirty days afte~ written notice given Owner or their successors
in interest by District. In the event of such termination, District
may disconnect the line without 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 as?essment 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 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 also acknowledges that his property
will be ass'essed 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. '
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IN WITNESS iWHEREOF,this. agreement has been executed by Owner
and' oh'beh:a:if'of District pursuant to resolution by its Board of
DIrectors.
POWAY MUNICIPAL WATER DISTRICT
By QAQ._
General Manager
OWNER
~~jl ~--c
.2-/:2.3/78
Page 3 of 4
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STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On -<;t~~;2 3, ,1971, before me, the under-
signed, a Notary Publ'in and for the State of California, with
principal bff~S2 in th~ County of San Diego, personally appeared
,,' 7~a,~
known to me to be the person whose name 'A/ s~~sJcribed
to the within Instrument, an~acknowledge~to me that ~~
executed the same.
WITNESS my hand and official seal.
"-"-'~~-,,=.;.~-~-:,
OFFICIAL SEAL ~
AURORA C LAfFERTY II
NOTARY PUBLIC - CAliFORNIA (
SAN DIEGO COUNTY j
.MY ~~~.~;:;~~:S~~__~~l~~
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STATE OF CALIFORNIA
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ss.
COUNTY OF SAN DIEGO
onFEb",;~,<,~ c..~' , 1978 , before me, the under-
signed, a Notary ubl-ic in and for thesa'id County and State,
residina therein, duly commissioned and sworn, personally appeared
~: ~~~ 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.
..........
OFFICIAL .sEAL
EVIA L, POWELL"
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My comm. expires AUG 15, 1980
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ry public in and for said
County and State
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