Loading...
Agreement Respecting Temporary Water Connection 1998-0101001RECORDING REQUESTED BY: ) roc # �9B-0101001 CITY OF POWAY ) FEB 26. 1998 1:38 PM AND WHEN RECORDED MAIL TO: ) O1'fICII1 RECORDS CITY CLERK ) N DIEGO COUNTY RKER➢EK'S OF -EI'E 6RE01RY J. S{ITH, COUNTY RFCFHR CITY OF POWAY ) FEES:_(_IlI 0.00 p P.O. 60 789 C POWAY, CA 92074 ) No transfer tax due i _ -sm s_sPare for Recorder's Use) This document affects APN 314- 650 -01 AGREEMENT RESPECTING TEMPORARY WATER CONNECTION THIS AGREEMENT is made JAiWl 27 1998, between Roger B. Mohling and Valerie Ann Bailey, herein called "Owner," and the City of Poway, herein called "City," in view of the following 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 City. The property of Owner is more particularly described as follows: The northerly 660.00 feet of the westerly 330.00 feet of the northwest quarter of the southeast quarter of Section 1, Township 14 South, Range 2 West, San Bemadino base and Meridian, in the City of Poway, County of San Diego, State of California, according to official plat thereof. B. The property of Owner is not adjacent to any water main of the City, and Owner has applied for permission to connect with a City main at a location removed from their property for the purpose of providing a water supply for the property. C. City is willirg to permit a temporary connection 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 City, as follows: 1. Owner will, within six (6) months from date of this Agreement, make application for a connection and pay all City's regular charges and fees, including City's installation and any required backflow prevention charges and connection and expansion fees, in effect at the time of installation of a meter and service connection on the City's nearest main, and acquire any easement or encroachment permit which might be necessary to run a service lateral from the meter to the place of use on Owner's property. The cost of acquiring any such easement or encroachment permit, and subsequent maintenance of the service lateral extending from the discharge side of the meter shall be entirely at Owner's expense, and the City 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 described, only so long as such connection shall serve only one parcel. Such service and use of the connection may be terminated by the City upon thirty days' written notice addressed to Owner at their last known address on file in the City in the event the service is extended to any division of the property into two or more SD: 1998 00101001 01/05/2007 08:58 AM t of 4 of 6 September 11, 2007 Item #2 j' Agreement Respecting Temporary Water Cmin57ioon Page 2 separate parcels to be served from such connection, or in the event of the construction of two or more residences thereon. 3. Should City or others hereafter install or provide a City water main adjacent to Owner's property or at a location from which City then determines is to be the point of permanent connection, the temporary connection permitted by this Agreement shall, upon demand by the City, be terminated. After such termination, any future water service shall be provided by a connection to the new City main upon the payment to City by Owner of any charges and fees then established by City. The amount of such charges and fees shall include those City then charged for providing a meter and service to the new main, together with such other reasonable charges as City may establish, including a proporionate share of the cost of installation of such new main. 4. Any breach or violation of the terms and conditions established by this agreement or of City's rules and regulations shall, at the option of the City, permit City to terminate this Agreement and the temporary connection if such breach or violation is not cured within thirty days after written notice given Owner or their successors in interest by City. In the event of such termination, City 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 assessment district, pursuant to the provisions of either the "Municipal 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 /her property will be assessed for its proportionate share of the costs of the work of improvement. Owner waives any rights, at this time, to protest or object to the formation of the assessment district. 6. In order to obtain adequate pressures through the temporary water connection, Owner may be required to install and maintain, at Owner's sole cost and expense, pumping facilities. IN WITNESS WHEREOF, this Agreement has boon executed by Owner and on behalf of City pursuant to motion approved by the Poway City Council at its meeting held February 24, 1998. C17Y OF POWAY By: (� dUcw3 fi. - SD: 1998 00 10 1001 OWNERS: ZY7 (j n �Y—�7 Rog B. oo)�hilinig Valerie An6 Baile (Signatures must be notarized, Notary form attached.) 01/05/2007 08:58 AM 2 of 3 5 of 6 September 11, 2007 Item #2 SD: 1993 0010!001 1571 ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO) 0 On JIN, a-7, 19 9�f before me, J)14y✓AI_ /:J_. /2 /C G' a Notary Public in and for said County and State, personally appeared , - -- ea!GK'R Aogr ]N� e A— SIX kto-fne (or proved to me on the basis of satisfactory evidence) to be the persons whose name as subscribed to the within instrument and acknowledged to me that heI-sWthey executed the same in hisAwAheir authorized capacit tes and that by his4i r their signatureUss on the instrument the person„ or the entity upon behalf of which the persons acted, executed the instrument. DAWN IA RICE WITNESS my hand and official seal. Commission # 1060799 Notch Pu51ic - caRomia f Son Diego County e� IvtyCammr te=210999 Signature J�' "i rn, 7lN°�� (SEAL) 01/05/2007 08:>S AM 3 of3 6 of 6 September 11, 2007 Item #2