Agreement Respecting Temporary Sewer Connection 2013-0322753 .
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�[J RECORDING RE�UESTED BY: MAY Z2, 2013 P:3O PM ,
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� CITY OF POWAY OFFILIAL.RELORDS
SAN DIEGO COUNTY flECORDER'S OFFICE
�it/�N AND'WHEN RECORDED MAIL TO: EFEESJ Dronenbui2e oa COUNTY RECORDER
CITY CLERK
1 � 8 3 4 PACES: s
CI�OF POWAY IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
P 0 BOX 789
POWAY, CA 92074
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(fHIS SPACE FOR RECORDER'S,USE)
APN: 321-230-65-00
AGREEMENT RESPECTING TEMPORARY SEWER CONNECTION �
THI,S;AGREEMENT ismade �Ry �s T� , 2013, between Cal
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and.Akiko Howell, herein called "Owner"; and the Ciry of Poway, herein called °Ciiy", in
view of.the#ollowing facts:
A. Owner has title to the following described real property situated in the County of
San Diego, State of Califomia, and within the boundaries of the City of Poway. �
The property of Owner is more particularly desc�ibed in Exhibit "A" attached
hereto and made part.of. �
B. The property of' Owner is not adjacent to any sewer main of the City, and �
Owner has applied for permission to connect with a City main at a location i
removed from his property for the purpose of providing a sewer system for #he
property.
C. City is willing to permiY a temporary connection at its nearest main, providing
Owneragrees to and accepts the following terms and conditions.
IT IS TN.EREFORE AGREED by' Owner, on behalf of themselves and their
successors in interest, in the above described property, and City, as follows: I
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 effecf at the time of
ser,vice .connection to the .City;s nearest main, and .acquire any easement or
encroachment permit which rriighfbe.necessary to run a service lateraf from the main
to the Owne�'s property. The` cost of acqui�ing any such easemenY or encroachment
permit; the installation and subsequent maintenance of tfie service la#eral shall be
en#irely at Owner°s expense; and the Ciry shall have no liability or responsibility
therefore.
2. The connection provided unde� 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
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the City upon thirty days' written notice addressed to Owner at his last knowo 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 residencesthereon.
3. 'Should Gity or others hereafter install or provide a City sewer main adjacent to
Owner's property orat a location from which City then determines is to be the point of
permanent connection, the temporary connection permitted by this Agreement shail,
upon demand by the City, be, terminated. After such termination, 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 Gity. The amount of such
charges and fees shall indude 4hose that Ciry then charged for connection to the new '
main, less fees previously paid, together with such other reasonable charges as City
may establish, including a proportionate share of the cost of installation of such new �
main or a line charge.
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 Agreemenf and tlie temporary connection if such breach or violation is
nof cu[ed within thirty days after written notice given to 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 furth"er ag�ees to participate in the formation of a special
assessment 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 sewer systerm. Owner further acknowledges that his property will be
assessed for its proportionate share of the costs of the wo�k of irnprovement: Owne� '
waives any rights, at this time� to protest or object to the formation of the assessment
district.
IN WITNESS WHEREOF, this Agreement has been executed by OwneP and on
behalf of City pursuant to motion app"ro4ed by the Poway City Council at its meeting
held May 7, 2013. �
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GITY OF POWAY OWNER:
BY: �r�" �
bert J. nis Caf Howell
,Director of Developme � ervices
�
Akiko Howell
(Signatures must be notarized)
Page 2
' . ' 12836 ;
CALIFORNIA ALL-PURPOSE ACKPIOWLEDGMENT I
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State of California �
County of �AH �/� �
on /�S Z�/ before me, �f�Yca�s �ffi�.d {�oT�9�2 GIBG! G ,
� ata (�n� He�e Insert 1 me entl Title oi�he Oif r
personally appeared V'7� 6J� G �- 0 �ZG
Name(s)oi Ignehe)
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wfio proved to me on the'basis of satisfactory evidence to
be the person(sj whose name(s)�/are subscribed to the I
within instrument and acknowledged to me that
ry�/sbfe/they executed the same in F�;/t�'dtheir authorized
PMVLUS SH�NN capacity(ies), and tfiat by I'�/I'�rftheir signature(s) on the
Commleeioe e i958215 instrument the person(s), or the entity upon behalf of
^� Notary PuDUe Californle � yyhich the person(s) acted, executed the instrument.
Sen Diepo Counry
Comm.Ex Iros Nov 9;2075 r
I certify under PENALTY OF PERJURY under the laws
of the State of Galifornia.that the foregoing paragraph is
• true and correct:
WITNESS my ha : and official seal. _
. �
Signature
Place No�ary Seal Pbwe SignaWre o�Notary Public �
OPTIONAL
Though the intormation be/ow�.is�notrequired by/aw, it may prove valuatile to persons re/ying on the document ',
and could prevenf iraudulent remova/and reattachment o1 this(orm to another document.
Description of Attached Document
Title orType of Document:�.��{'�'/C:/17r—/TE.Sj���/�� ���/�0�97�/��E�L� �
pocument Date:, � �c� 2� � '� Number of Pages: �
,
Signer(s) Other Than Named Above:�
I
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's;Name:
❑ Individual ❑ Iniiividual
❑ Corporate Officei—Title(s): . ❑Corporate Officer—Title(s)`.:
❑ Partner—OLimited ❑�Generaf ❑ Parfner—OL'imited O�General
❑ Attorney in Facf • ' �,AHorney'in Fact � �'
❑ Trustee> ToP of.m�mo ne�e p TNstee ToP of in�mb nere
❑ Gua�dian orConservator ❑Guardian oPConserJator
❑ �Other:� ❑Other:
Signer Is Representing: Signer Is Representing:
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. 12837
CALIFORNIA ALL-PURPOSE ACKB�OWLEDGIVIENT
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State of Califo�nia 1
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County of� flit� /El� � �
On. Z��3 before me, Yi/y�L/J �{�/�it��j"�jQ�/�BL !�
a / /�n �, Here Insan Name e Tltle of.the OHicer
personally appeared ��Q��i �.1. / '" �l/v�s
Name�e)ol Signer(s) I
who proved to me on the basis of satisfactory evidence to
be the person(�Q whose name($Q is/�sutiscribed to the �
within instrument and acknowledged to me that
PHYLUS SHINN he/s'¢�/tl�4,y executed the same in his/F�?[/tFjL�authorized
Camimseioo-a t9S8215 �pacity(i�, and tfiat by his/hj�rRll�r signature(�on the
Noury Publk-Ceumrnie instrument the person(�Q, or the entity upon behatf of
S�n�iepo Counry which the person(�Q acted, executed the instrument.
Comm:E lms Nor,9:2015
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct:
WITNESS my hand. d official seai. I
Signature
Place Noiary Seal AEwe Si�naWre ol Notary Public
OPTIONAL �
Though the information be/ow..is not required by law, it may prove valuab/e ro;persons relying on the document �
and could prevent.frauduleni.removal and reattachment of this�lorm to another document '
Description of Attached Document n /�
TitleorTypeofDocument:r/�i�E����NT�ES/�C�/V� ���'�1��.��yJGW�l..O/�/1����
Document Date: 2`� �3 Number of Pages: �
Signer(s)�OtherThan Named�Above: (-./aL �,✓��- .i4/V� /7 /�� KO } (�l7tZ L–�
Capacity(ies) Claimed by Signer(s)
Signer`s Name: Signer's Narrie:
❑ Intlividual ❑ Individual
❑' Co�porate Officei—Title(s): ; ❑Corpora4e Officer—Title(s);,
❑ Partner—���Limited ❑ General ❑Partner—�,Limited ❑ General
❑ AHorneyin FacC • ' O Attorneyin Fact • ' _
Top o�thumb here � Top of.ihumti hera
❑ Trustee ❑Trustee
❑ Guatdian'or'Gonservatof ❑ Guardian or Gonservator
❑ Other. ❑Otfier.
Signer.Is Representing: Signer Is Representing:
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�,Y �
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Exhibit °fA"
Parcel 1: ' •
The Eest 100 feet of the�West 400 fectof4he�NOrt6 220:feetbf�tf�e��5outh�660 feet of the;Southeast quarte�oEthe�SouUieast qu¢rter of
theBection 6; in Township 14 Sduth,Renge�T West,�San BemardinoBase�and Meridian,according-ro the Untied States Govemment
Surveythereof: . '
Parcel 2:
An eesementfor ingress and,egress, public utili6es-end inoidental purposes�along the South 30 feet of the��West..1270�feet, along'the
Nor[h•GO feetof the.$outh-�.470 feet of the West I270 feet,along the North 60 feet of tfie South�910 feet�of,the West 1270 feet,along
the Nonh 30 feet�:of the�.West:'1270 feet,along the East 60 fee�of the West 730 fee[uf the South 1290 fcet and along the Gash50 feet
.of the Southeasl.quarteroEthe�.Southeest quarter ofsection 6,�.in wwnship 14 South,renge I West,Sen Bemardino�Dase and Meridian,
according to the United States Govemment Survey LhereoE - � - �- �
Excepting�.therefrom the North.30 feet of the South 470 Feet of the.F.ast200�Feet otthe West 400 feetthereof.
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