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
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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.)
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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)
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