Agreement Respecting Temporary Water Connection 2014-0431347RECORDING REQUESTED BY:
1
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
APN: 277 - 020 -15
D o C # 2014-0431347
11111111 I IIIII III 1111111111111111111111111 I IIIII III II
OCT 03, 2014 3:31 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Emest J. Dronenbuig, Jr, COUNTY RECORDER
FEES. 25.00
PAGES: 4
(THIS SPACE FOR RECORDER's USE)
AGREEMENT RESPECTING TEMPORARY WATER CONNECTION
THIS AGREEMENT is made 41e / , Zi � , 2014, between the Carter
Revocable Living Trust U /D/T December 19F. 1997, 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 at 14850 Valleyview Road, Poway, California, more fully described as:
Parcel 3 of Parcel Map No. 9452, in the City of Poway, County of San Diego, State of
California, filed in the office of the county recorder of San Diego County, December 6, 1979,
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 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, 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
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 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 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'
Agreement Respecting Temporary Water Connection
APN: 277- 020 -15
Page 2
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. Should City or others hereafter install or provide a City water 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 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.
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 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 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 August 5, 2014.
By:
CITY OF POWAY OWNER: Carter Revocable Living
Trust U /D/T December 19, 1997
Ely
Thomas E. Carter, Trustee
By: c C 7 / &
orinda J. C Trustee
(Signatures must be notarized)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
I
I
PATRICIA S. O'SULLNAN
Commission N 2058865
a -u Notary Public - California z
z San Diego County
My Comm. Expires Mar 22, 2018 J
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be subscribed to the
within instrument and acknowledged to me that
he? -executed the same in N hei authorized
cttq(' and that by ht on the
instrument the — or the entity upon -behalf of
which a acted, 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 m hand and official seal.
Up /p�'r
S�A� ' •,&
ignature
Sign re M NMary Publw
OPTIONAL
Though the tntormation 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:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies)^ Claimed -by Signer(s)
Signer's Name: awylw Q • &m4j
❑ Individual
❑ Corporate Officer—Title(s): —
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
Trustee
❑ uardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages: Z)'
Signer's Name
❑ Individual
❑ Corporate Officer— Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
n rustee
❑ uardian or Conservator
❑ Other:
Signer Is Representing:
OF SIGNER
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California /`/
County of 1
�Sti 1
U /E4� /%
On�� /�20/ ✓before me, �iyyL �/s
Dwtw —� . Here Insert NaMe and Tine of tie Ofncer
personally appeared
PHYLLIS SHINN
Commission M 1956215
i ,�,� Notary Public - California i
= vt San Diego County s
My Comm. Expires Nov 9, 2015
Place Notary Seel AOwe
who proved to me on the basis of satisfactory evidence to
be the person(k whose nameN is/c* subscribed to the
within instrument and acknowledged to me that
he/Spb/tWexecuted the same in his/tWitWir authorized
capacity(iW, and that by hi~h)kr signature(, on the
instrument the person(?, or the entity upon behalf of
which the person( acted, 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 ha
0 and official sea
Signature
Slgmtiirelol Nolery 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:
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
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
02007 National No" Aesodow- 9350 De Soto Aw., P.O. Em 24 -Chatewarth. CA 91313- 2402 -w .NallwalNotaryorg Itama5907 ReoN .Cell Tdl -Freel- 800.876-6827