Agreement Respecting Temporary Sewer Connection 2003-0620560- RECORDING REQUESPTID BY;
CITY OF POWAY
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AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
This document affects APN: 321 - 210 -70
DCC O 2003- 0610560
MA 28, 2003 8:25 011
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY, RECORDER
FEES: 14.00
AGREEMENT RESPECTING TEMPORARY SEWER CONNECTION
THIS AGREEMENT is made May 6 , 2003, between Richard
and Jacque Carroll, 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 f'owner is more particularly described as follows:
Property located at 14258 Mountain Road, APN 321 - 210 -70.
B. The property of`Owner is not adjacent to any sewermain of the City,- and - Owner`
has applied for permission to connect with a City main at a location removed
from his property for'.the purpose of providing a sewer system for the property.
C. City is willing 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, oWbehalf of himself and his 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, in effect at the time of services
connection to the City's nearest main, and acquire any easement or encroachment permit
which might bemecessary to run a service lateral,from the main to the Owner's property.
The cost of acguirind any such easement or encroachment permit, the installation and
subsequent maintenance of the service lateral shall be entirely at Owner's expense, and
the City shall have no liability or responsibility therefore.
2. The connection provided under the terms of this Agreement shall be available to
the property of Owner, as above described, only as 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 his 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
separate parcels to be served from such connection, or in the event of the construction of
two or more residences thereon.
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3. Should City or others hereafter install or provide a City sewer main adjacent'to
Owner's property or' aY location from which City then determines' is to be the point of
Permanent connection „the tempora_ry,connection pefmitted,by this .,Agreement shall, upon
demand by the City, be',terminated. After such termi "nation, any, future.sewer 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 amountof such charges and fees shall
include :those that City then charged for connection to the new main, together with such
other reasonable charges as,Citymay establish, including a proportipriate'share of the.cost
of installation of such.new main ora line charge.
4.. Any breach., or violation of the terms and conditions established by this
Agreement orof'City's rules and regulations shall, at the option of the City, permit City to
terminate this Ageeement�and the temporary connection if such breach.or violation is not
cured_ within,thirty days after written, notice given to Owner o their successors.in'interest by
City. In: the event of such 'termination, City may disconnect the line' without any further
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liability or obligation to Owner or their successors in interest.
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5. Owner hereby further agrees to participate in the formation of a special
assessment district, pursuant to the provisions of either thb'Wunicipal Improvement Act of
1913 ", or the "Improvement Act ;of 1911 ", for the construction and installation of a
permanent sewer system. Owner further acknowledges that his, property will be assessed
for its proportionate share of the costs'of the work of improvement. Owner waives any
rights, at this time, to protestor object to the formation of the assessment district.
_ -- IN' WITNESS WHEREOF' this Agreement has'been executed by Owner and' on
behalf of. City pursuant to motion approved by Poway'City Council at its meeting held
'May„ 6, 2003
CITY OF POWAY OWNER,
By::
is ritz Richard�Carroll
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/"A cque rroll
(Signatures must be notarized. Notary -form attached.)
Wengsery \03Reports \Carroll temporary sewer conn \Temp sewer Conn Agreement.doc
"LWOR,N1A ALL -PURP& ACKNOWLEDGMENT •
State of
County of ! a ( C�70
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On pt! cz , o�Cl� � before me, 3hB ' @ �_ �Q! f � �[Z}n ry C4b� G
Dale Name and Title of Officer le g Jane Doe, Notauf Public ')
personally appeared Ricca c& And Sn c� up- ' Ca r•ro 1
?, e(s) of Signer(a) '
rl _ ._ –OR –D4 proved tome on the basis of satisfactory evidence to be the person(S�
whose names is/93Dsubscribecf to the within instrument
and acknowled to me that 110,`: It e)executed' the
same ih'hisiher authorized capacitfi e), and that by
SHERRIE O. WORRELL hi�e'gnatur
CamPnisaion 91223093 i - I E� On the instrument the person (W,
S Notary Public C>sliromle or the entity upon behalf of which the persorQs acted,
i San Diego County executed the instrument.
My Comm. ExPtrea Jun 30.2003
W WITNESS my hand and official seal.
Signature of Notary Public
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Document Date: mom, lo, 'i 11 Number of Pages:
_ �(a �` a
Signer(s) Other Than Named Above: � � �"Z
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer
Title(s):
Partner —,0 ,Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
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-0F SIGNER
Signer's, Name:
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Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney-in -Fact
Trustee
Guardian or Conservator
❑ Other:
Signer Is Representing
1994 Nabonal Notary Association • 8236 Remmet Ave . P.O Box 11114 • Can— Pam CA olano -vi Rc PI-1 si,, —
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OF SIGNER