Agreement Respecting Temporary Sewer Connection 2013-0500996 - _ a a� # �a� �-�������
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�� AUG 09, 2013 10:29 AM
RECORDING REQUESTED BY: �I'�
OFFICIAL RECORDS
y� SAN DIEGO COUNTY RECORDER'S OFFICE
CITY OF POWAY � Of ' Emest J. Dionenburg,Jc,COUNTY RECOflDER
FEES: 25.00
PAGES: =t
AND WHEN RECORDED MAIL TO:
Cln CLERK IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
CITY OF POWAY
P O BOX 789
POWAY, CA 92074 (THIS SPACE FOR RECORDER'S USE)
AP N: 321-250-45
AGREEMENT RESPECTING TEMPORARY SEWER CONNECTION
THIS AGREEMENT is made .Ll(�t�{ IsY , 2013, between Taisir Yousef
Kandah 2012 Trust, herein calied "Owner", and the City of Poway, herein called "City", in vieW of
the following facts:
A. Owner has title to the following described real propeRy 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 particula�ly 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 sewer 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 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, on befialf 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 cha�ges and fees in effect at the time of service connection to
the City's nearest main, and obtain all permits necessary for the construction of the sewer
connection, and acquire any easement or encroachment permit which might be necessary to run a
service lateral from the rriain to the Owner's property. The cost of acquiring any such easement or
encroachment permit, the installation and subsequent maintenance of•the §ervice 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.
�3-osY
Agreement Respecting Temporary Sewer Connection
APN: 321-250-45
Page 2
3. Should City or others hereafter install or provide a 'City sewer main adjacent to Owner's
property or at a location from which City then dete�mines is to be the point of permanent
connection, the temporary connection permitted bylhis Agreement shall, 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 City. The amount of such charges and fees shall inciude those that City 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, af the option of the City, permit City to terminate tfiis Agreement
and the temporary connection if such breach or violation is not.cured within thirty days after written
notice given to Owner or theic successors in interest by City. In'the evenY of such termination; City
may disconnecf the line without any further liability or obligation to Owner or their successors in
interest.
5. Owner fiereby further agrees 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 system. Owner furtfier
acknowledges ihat 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 or object to the formation of 4he
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 YousefKandah 2012 Trust
.
By: By:
o ert J. Mani
Director'of Development Se ces ��
ics: ,ru s �eP
(Signatures must be notarized)
CALIFORNIA ALL-PURPO$E ACKNOWLEDGMENT
State of Califomia �
Counry of�f1� ��l�li �
�n 6flG! r � Z���eforeme; ��. G! H//✓/il /"�T✓f!?�_�d�L (�
Deta I/ // Here Insert Name e tl TNe of tlre Oifcer
personally appeared �//� 7 ��SEF lSA��
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(�whose-name(�is/�subscribed to the
within instrument and acknowled ed to me that
he/s�/tlyfy executed the same in his/�RF�'r authorized
capacity(ie�, and that by his/Py�rtth�signature(y�y�on the
instrument the person(�,.or the entity upon behalf of
which the person(�) acted, executed the instrument.
PHriLIS BNINN
Comrroseion o 1958215 I certify under PENALTY OF PERJURY under the laws
'� Not�ry PuDlft�-CelNOmie
San Diego Counry of the State of Califomia that the foregoing paragraph is
Comm.E lies Hov 9,2015 r true and correct.
WITNESS my han d official seal.
Signature
Plece Natary Sael Above � SignaNre ol NoFary Pu01ic
OPTIONAL
Though the informafion below.is not required,by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this lorm to another document.
Description of Attached Document n 7 I/
Title or Type af Document: T//>.QFr{�'��Ri/ ll �.1"�'iCT�I l G �f/" ������EGj/�/v
oocument oate: �lry`Sr" � Z� /3 Number of Pages: �
Signer(s)OtherThan Named Above:/
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signe�'s Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—� Limited ❑General ❑Partner—O Limited ❑ General
❑ Attorney in Facl • ' ❑Altorney in Fact • '
❑ Trustee Top of thumb here p Trustee ToP oi m�mb nere
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
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CALIFORPIIA ALL-PURPOSE AClCNOWLEDGMENT
State of California �
County of�JfLi� ��/b �7 �
�� S �Z�/.� �etqre me, ���/G G/ H /✓/� ��•�i?y���- ��
Dat � / Here Insert Name e d Trtla ol Me Ofllcer
personally appeared /1 r/14L�?� �/- ��I/l/�.s
Name(s)a�Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(,� whose name(�is/a�subscribed to the
within instrument and acknowledged to me that
he/sf(e/tFy�.y executed the same in his/f�r/th�iKauthorized
capacity(�, and that by his/FT�dt�signature(,�Yon the
instrument the person(�, or the entity upon behalf of
F1IYLLIS SHt�NN� which the person(�J acted, executed the instrument.
Commietlon A} 1958215�
$ `o Norory PuMk•;Cailroml� I certify under PENALTY OF PERJURY under the laws
San Diepo Counry of the State of Caiifornia that the foregoing paragraph is
Comm.E ires Nor 9 2015
true and correct.
WITNESS my hand d official seal.
Signature
°lace Notery Seal Above SignaNre o Notery Public
OPT/ONAL
Though the informationbelow is not required by law, it may prove valua6leto persons relying on the document
and cou/d prevent fraudulent removal and reattachment ot this form to another document.
Description of Attached Document
Title or Type of Document:�,�i.PF6{�Fi���i�-����,b-P9�YfE7,��ZC�N�E�noir/
Document Date: � .� � Number of Pages: ?
Signer(s) OtherThan Named Above: �ffl s/R �l.fcSG� !\A/�d A�
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—� Limited ❑ General ❑Partner—O Limited O General
❑ Attorney in Fact • ' ❑AHOrney in Fact � '
❑ Trustee roP or mumo ne�e p Trustee Top o(tM1um6 here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
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