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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 0 (Signatures must be notarized) State of California 1 1 County of �f�/1/ 1/ / E�� /% // On gz icy � Z0� % 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 } A,132ownrS1,L 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 OPTIONAL Though the information 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 form to another document. Description of Attached Title or Type of Document: 7 0 Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT 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: RIGHTTHUMBPRINT 'OF SIGNER. 0 02007 Natiaral Notary Assaaation • 9350 De Soto Ave.. P0. Box 2402 -Chat M, CA 913132402• w NationalNcarMg Item NSM7 Reorder: CaIITdFrree 1400 -8]6 -682]