Agreement Respecting Temporary Sewer Connection 2014-0136439F, RECORDING REQUESTED BY:
LP c� CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
APN: 323 - 010 -20
D a C # 2014-0136439
111111111111111111111111111111111111111111111111111111111111111111 IN
APR 07, 2014 4:30 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 25.00
PAGES: 4
(THIS SPACE FOR RECORDER'S USE)
AGREEMENT RESPECTING TEMPORARY SEWER CONNECTION
THIS AGREEMENT is made lljardr 2y , 2014, between Ishita Sen, a
single woman, and Debalina Ganguli, a single woman, as joint tenants, 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 of Poway. The property of Owner
is more particularly described as follows:
Property located on Belvedere Drive, Poway, California, APN 323- 010 -20
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 the 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 behalf 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 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 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 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.
/` /-Ol&
Agreement Respecting Temporary Sewer Connection
APN: 323 - 010 -20
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 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 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 include 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, 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 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 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 protest or 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 March 18, 2014.
OWNER: Ishita Sen and Debalina Ganguli
By:��
Is7hhiitaa S_en/
By:
Debalina Ganguli
CITY OF POWAY
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(Signatures must be notarized)
State of California 1
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County of �f�/1/ 1/ / E�� /% //
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of SAN -DIED
On (n1F GG� Z�, U(I before me,
Date
personally appeared
PETER A. BROWNELL
r COMM. # 1996827 r
Notary Public-Cakfomia
SAN DIEGO
My mission Expires Now 25,2016
Place Notary Seal Above
SE'N
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NooIjaW P"Auc-
who proved to me on the basis of sati factory evidence to
be the personSs) whose name
�is� subscribed to the
within instrument and acknowledged to me that
he /she a xecuted the same in his/h ei authorized
capacity le�s and that by his/her ei signature�n the
instrument the person�er the entity upon behalf of
which the person(�ed, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my In ffici eal.
Signature
Signature of Notary Pudic
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❑ Individual
❑ Corporate Officer— Title(s): —
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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OF SIGNER
�EwE✓� GDn�NEcit�.D/�/
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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'OF SIGNER.
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