Agreement Respecting Temporary Water Connection 1978-028836
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78-=028836
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FILE/PACE NO,
, BOOK 197B
RECORDED REOUEST OF
DISTRICT
JAH Z3 3 58 ,P~'78
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'P0~~AY HUNICIPAL '\VATER DISTRICT
- ,,'. C " '- - . ,_'
Bc'st O.ELice~.ox "3413 _,
Paway" Califbrhi'a92064
OFFI CIAL ,REC OR D S
SAN DIEGO COUNTY,CALlF,
I!ARLEY F,BLOOM
RECORDER
AGREEMENT RESPECTING TEMPORARY WATER CONNECTION
NO FEE
:THIS, ]l,GREEMENT is made \ ^, C'\o
, .. , <:::l '--'./'(\.~J...C,-^-,-, eX
between Charles A. & Vivian R. Sellers I
"Owner", and poway Mlln:Lc:J:pal Water District
,herein called "District", in View of the, following
, 1978
herein called
facts;
A. Olomer has ti,tle to the following described real property
si,tuated in the County ,of San Diego" -State of California, and wi thin
the boundaries of the District. 'The property of Owner is more parti-
cularly described as fo'llows;
See attached legal description
Assessors Tax Parcel No,. 321-060-36 - 147Si High Valley Road
B. 'l'he property of Owner is not adjacent to any water main of
District, ~-.,d Oimerhas applied for permission to connect I.;i th' a
District 2ain at a location removed from their property for the pur-
pose of providing a I.;ater supply for the property.
C'..-- Dist.r-~c.t is. wil1-i-ng' to permit a ternpcra-ry CC~:1.sc-=icn at its
nearest ;"-2."'" providing Owner agrees to and accepts the following terrp.s
and conc.:.tio:ls.. ' ,
IT :;:5, ')'rrEREFORE, AGREED by Owner, on behalf of themselves and
their S12cceS50rs in interest in the above described property, and
District, as follows;
1~ Oimex: will pay the regular charge for the ins'tal-
lation of ,a =-~eter and service connecti9p oD 'the District (s neares't n~2!in,
'and acqui::-e ,,-,-q easemen't or encroachment permit which might b2 necessary
to run 2. service lateral from the met:er and the place of use on O',vner"s'
propertv, Th", cost of acquicring any such easement: or encroachment per'C"
roit, ,th~ installation and subsequen't maintenance of the service laterill
exctendi2.;' from the, discharge side of the ITleter shall be entirely at ,
O,vner's expense, and the District shall have nb li,ahility or 'respons:L"-'
bili'ty therefor.
Page 1 of 4
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231.8
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, ,2. The c'onhection pr<'>vided under the terms of this agre'ement
shall be available to serve water to the property of Owner" as above '
described, only so long as such connection shall serve only one parcel_
Such service and use of the connection may be terminated by the District
upon thirty days' writt,el1 notice addressed to O,mer at their last kno'Nn
address on file in the District in the event the service is extended to
any subdivision of the property into two or more 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 \'later main adJacent to Owner's property which would extend
to Owner's property so as to serve all portions thereof, the temporary
cpn~ect.i0ll'. pel:illit ,by ,tv.-is ~gr,e~TI1ent sh~llf upon dema~d ,by th~"...D~strict,.
be terminated. After such termination, any future water servlceshall,
be provided by a connection to the new District main upon the payment
to District by (Mner of any connection fee then established by District.
The amount of such fee shall include the expense incurred by Dis,trict
in moving the meter to the new main, together with such other reason-
able charges as Distri:ct may establish, including a prorata share of
the cost of installation of 'such new main. '
4. l>.:ny 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 t~~9orary connection if such ,breach or violation is not cured
within thirty days after \vritten notice'given'Owner or their successors
in interest by District. In the event of such termination, District
may disco~,ect the line without any further liability or obligation
to Owner or their successors in interest.
5. ~.~er hereby further agrees to participate in the formation
,of'a speci~l assessment district, pursuant to the provisions of either
the "11unici,?el Improvement Act of 1913", ,or the "Improvement Act of
1911", fo::- "'he construction and install'ation of a permanent water
'iysteffi-~- :Owner further acknO\vledges that the cos'c and expenses 'for said
iffiprov~~=nts will be assessed oveF all properties benefited from the
works of Drnprovement and Owner a~~o acknowledges that his property
will be assessed for its proportionate share, of the costs of the ,.;arks
offmorovem=nt. O\mer waives any rights, at this time, to pro'test or
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object to the formation of the assessment district.
Page 2 of 4
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IN HITNESS WHEREOF, this agreement has been executed by Owner
'and OIl. beha:lf of .District 'pursp-<int to resolll~t~on by its Board of
Directors.
l'OWA\"Z WATER
By Q.
General Manager
Harry Barber'
DISTRICT
0~ \I< ~QQOo<-c
Page 3 of 4
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2320
"STATE: 'OFCAIi'!:F,ORt'lIA
COUNTY OF SAN DIEGO
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~O.Jn"J-Cl.'1wl ,~() , 19~, before me, the under-
Notary Publl.c in and for the State of California, \>lith
office in the County of San Di o,personally appeared
\ei-~ 1)1 :"l'c.. 3e..n \e~
kno~r to me to be the p~rson~ whose name~ ~
to the within Instrument, and acknowledged to me that
executed the same. '
On
signed, a
princi al
~:,c1ribed
WI~J~SS my hand and official seal.
1IIIIIIItIlll!lllIllllllIIIIIIIIIII!IIItIIIIIlIIIIIIII!llIltllllllll111111111111111111,111111111.
~ OFFiCIAl,SEAL,
'. ".~.. . , DEBBIE L BEBER~ES
> ~.;' ','.' NOTARY PUBLlC'C, ALlFORNIA"
, 01>, ^. " PRINCIPAL OFFICEIN:, ~
'" ~.,' SAN DIEGO COUNTY ~
M Commission Expires April 22, 1979 "
y 1I111ll11l1IUllIIIl1l11lU\\lIUlllIUIllIlIlIIIIU\lIIIl\UlIl\llIllUlli\\IIlIIUliIIllIUIIii:
Ll
NotaryPUbllc In and for
County and State
STATE OF CALIFORNIA
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ss.
COUNTY OF Slu'l DIEGO
on January eo , 197 8 , before me, the under-
signed, a Notary Public in and for the said County and State,
residing therein, duly' c'ormnissioned 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 n~ed, and acknowledged to me, that such Corporation executed
.. the same.
vlITIS55 r:.y hand and official
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OFFICIAL SEAL
EVIA l.POWELL
NO,....AY p'ueuC',-CAUF9RN1A
SAN DIEGO COUNTY
My con1m. expites ~UG 15, 1980
seal.
-t..." ~ 9<><J>'~
Notary Public in and for said '
County and State
'Page 4 of 4
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THAT PORTION OF PARC~LS 3 AND 4 OF PARCEL MAP NO. 1979, IN THE COU~TY
OF SAN DIEGO, STATE OF CALIFORNIA, PER MAP FILED IN TH~ OFFICE OF
THE COUNTY RECORDER ~ OCTOBER 11. 1973, BE I NG A PORTI ON OF LOT 4
(NORTH\.JEST QUARTER OF NORTH\'IEST ~UARTER) OF SECTION 5, TOI-INSHIP 14
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN~ ACCORDING TO UNITED
STATES GOVERNMENT SURVEY THEREOF, DESCRIBED AS FOLL WS: '
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL 3; THENCE ALONG
SAID \.JESTERLY LINE NORTH 39057'50" EAST 262,,96, FEET; rHE"CE NORTH
18039'10" EAST 74.80 FEET TO THE NORTH\.JEST CORNER OF' SAW PARCEL 3;
THENCE NORTH 86014'30" EAST 419.92 FEET; THENCE SOUTH 33020'16" \'jEST
,109.35 FEET; THENCE SOUTH 18009'06" \.JEST 80.65 FEET; THENCE NORTH '
82051'31" \'iEST 62.15 FEET; H-IF:NCE SOUTH 19042'20" \-/EST 149.40 FEET
TO A PO I NT I N THE SOUTHERLY L, NE OF SA T D PARCEL 4 OF PARCEL ~lAP NO"
1979; THENCE NORTH 89051'53" \.JEST 414.,,6 FEET TO THE POINT OF BEGINNIN~.
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LEGAL DESCRIPTION TO
AGREEMENT RESPECTING TEMPORARY'WATER
CONNECTION BETWEEN CHARLES A. &VIVIAN'R.
SELLERS ANp POWAY MUNICIPAL WATER DIS,TRICT
(AjP#321-060-36 )
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PM 197
OFFER TO "
DEDICATE
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