Agreement Respecting Temporary Water Connection 2013-0500995 , „ � a� � �a� �-��a����
I IIIIIIII III IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
RECORDING REQUESTED BY: FQ AUG 09, PO�3 10:29 AM
CITY OF POWAY �� OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
� C�n EmestJ. Dwnenburg,Jc. COUNTY RECORDER
AND WHEN RECORDED MAIL TO:
FEES: 25.00
PAGES: 4
Cln CLERK IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
CITY OF POWAY
P 0 BOX 789
POWAY, CA 92074 (THIS SPACE FOR RECORDER'S USE)
APN: 321-250-45
AGREEMENT RESPECTING TEMPORARY WATER CONNECTION
THIS AGREEMENT is made /-i U 9i /S� , 20T3, between Taisir Yousef '
Kandah 2012 Trust, herein called "Owner', nd 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 of Poway. The property of Owner
is more particularly described as follows:
Property located at 14635 Twin Peaks Road, Poway, California, APN 321-250-45
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 his property for the
purpose of providing a water service for the property.
C. City is willing to permit a temporary connection at its nearest main, providing Owner agrees
to and accepts the foliowing ferms and conditions.
IT IS THEREFORE AGREED by Owner, on behaif of themselves and their successors in
interest, in the above described property, and City, as follows:
1. Owner will, within twelve (12) 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 to the City's nearest main, and obtain all permits
necessary for the construction of the water connection, and acquire any easement or
encroachmen4 permit which might be necessary to run a service lateral from the main to the
Owner's property. The cost of acquiring any such easement or encroachment permit, the
installation 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
therefore.
2. The connection provided under the terms of this Agreement shall be availa6�e 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.
/3-��/
Agreement Respecting Temporary Weter Connection
APN: 321-250-45
Page 2
3. Should City or others hereafter install or provide a City watec .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 that City then charged for
providing a meter and service from fhe 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.
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 to Owner or their successors in interest by City. In the event of such termination, City
may disconnect the line without anjr further liability or obligation to Owner or their successors in
interest.
5. Owner hereby fuither agrees to participate in the formation of a special assessment dist�ict,
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 water 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 protest o� 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 the Poway City Council at its meeting held July 16, 2013.
CITY OF POWAY OWNER: Taisir Yousef Kandah 2012 Trust.
ey: G���%G� • By: ��
erf J. Ma is
Director of Development Se ices �—
I[S: ���P
(Signatures must be notarized)
CALIFORNIA ALL-PURPOSE ACKkOWLEDGMENT
State of Califomia' �
County of �Jf�� ��/��7 �
•n �l N5T � ?�/.3 beforeme, ��.y G� y �✓� �����-��L �G
D e � I/ // Here Insert Name a d T�le o/ihe Oflkar
personally appearetl /A/.S//1 lONSE�' !�ANd�9f/
Neme(s)oiSigner(s)
who proved to me on the basis of satisfactory evidence to
be the person(,4�whose name(� is/ab4,subscribed to the
withirn instrument and acknowledged to me tFiat
he/sp�elttl�y executed the same in his/P�dt�`ir authorized
capacity(i�, and that b his/F�rftf}�'i[signa[ure(a�j on the
instrument the person(�, or the entity upon behalf of
PNVIUS SINNN Which the person{,�acted, executed the instrument.
Commeebn e 1956415 � certify under PENALTY OF PERJURY under the laws
Notary Pablie•Celitomia
$an Dlepo Counry of the State of California ihat the foregoing paragraph is
Canm.E Ires Nor 9r2015 true and correct.
WITNESS my han d official seal.
Signature L�
Plece Notary Seal Above SigneNra oi Notary Public
OPT/ONAL
Though ihe inlormation be/ow is not required by law, it may prove valuable to persons re/ying on the document
and could prevent lraudulent removal and reattachment o/this lorm�to another document.
Description of Attached ocument
Title or Type of Document: R��C��G��"C'��fl/c h'1� "'�'���n ����E��O�
Document Date: 'r/K.��1J�T� �� �3 Number of Pages: �
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—O�Limited ❑General ❑ Partner—OLimited � General
❑ Attorney in Fact • .' ❑AHOrney in Fact • '
❑ TfUSi88 Top of thumh here �TNStBB 'Top of�humb�here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other. ❑Other:
Signer Is Representing: Signer Is Representing:
�2007NationelNoteryAssociation•9350DeSoloAve.�,P.0.0ox2402•Chabworih.CA913t3-2a02•w�wNationalNOtargorg ItamN590� ReortlecGalR011-FrealA00-81fi-682]
CALIFORNIA ALL-PUEiPOSE ACKNOWLEDGME�IT
State of Califomia �
County of�Jf����/� �7 �
�n /7UG �t57�S,Z�/ eiore me, �� G� H �%� ��� ��L �C-
pa�e / �/�,H_ere Insert Name e 0 TNe a�t�e OHker
personallyappeared �����T �1, ' �'�`//v�f
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(�whose name(�is/aj�subscribed to the
within instrument .and acknowledged to me that
he/s`J�e/th�3y executed the same in his/h�Y1tFl�ic authorized
capacity(1�, and tliat,by his/h�/tty�4csignature(� on the
instrument the person�, or the entity upon behalf of
PMYILtS SMINN whicfi the person(�acted, executed the instrument.
Commiaelon o 1956215
NoteryVuDlk-Calnomla I certify under PENALTY OF PERJURY under the laws
San Diepo Coumy of the State of California that the foregoing paragraph is
Comm.E fref Nor B.2015 true and correct.
WITNESS my hand a official seal. ,
Signature
Place No�ary Seal Abwe Signa ura o�No�ary Pudit
OPTIONAL
Though the information be/ow is not required by law,�d may prove valuable to persons�relying on the document
and could prevent Iraudu/ent removal and reattachm2nt ol this torm to another document.
Description of Attached ocument /�
Title or Type of Document: �'SL �TNI��I���'/Qy ��C���/i�/U�iT/O�
Document Date: u ST� ZO / Number yf Pages: �
Signer(s) OtherThan Named Above� /S/� ���� I�/7'/U.��l7
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ �ndividual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—�Limited ❑ General ❑Partner—O Limited ❑ General
❑ Attorney in Fact • ' ❑Attorney in Fact • '
❑ TfUSS00 � Top of thumb here �Trustee roP oi m�mo nere
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑�ther: .
Signer Is Representing: Signer Is Representing:
0200�Ne�ionalNOtaryPSSOCiation•93WDe5o�oAVe.,P.O,Box2402•ChatswoM,CA91313-2402•ww�v.NalianalNotary.org ItemN590] ReortlecCalROIFFee1-800-9]E602]