HomeMy WebLinkAbout; Kelly, Richard C and Kelly, Carroll & Alice; 111716: Covenant1
2
3
4
5
6
7
8
9
10
31
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
251
32
STUART C. WILSON
AYYORNCY AT LAW
PDOOSTATERBfREET
CARLSBAD. CALIF.
PIONE 7PB.5SOl
WHEN RECORDED MAIL TO:
City of Carlsbad 2960 Pio Pica Drive
Carlsbad, California AGREEMENT
TI-II S AGREE?IENT , entered into by and between the CITY
OF CARLSBAD, a. municipal’corporation of the State of California,
hereinafter referred to as CITY; and CARROLL R. KELLY and
ALICE KELLY, husband and wife, hereinafter jointly referred to
as KEILLY.
RECITALS: This agreement is made with reference to the
following facts:
1. By an agreement dated October 11, 1950, and recorded
on October 13, 1950, in Rook 3819, Page 191 of Official Records
of the County of San Diego, State of California, as Document
NO. 119085, w. D. Cannon and Ellen K. Hall made certain agree-
ments with regard to, among other things, water rights on a
certain piece of real property located in the County of San Diego,
., State of California. Said. agreement between the said Cannon and
the said Iiall is h.ereinafter referred to as ORIGINAL AGREEIIENT,
and is by this reference incorporated herein.
2. CITY is the successor in interest to the rights of
:r1 ,I, l Il. Cannon under C:R.IGIN\L AEREEMNT.
3. KELLY i,s the successor in interest to the rights of
Ellen K. ilall under QKICINP.1, ACREEM:NT,
4. ~?ICINAL ACREE~IENT has been the subject of controvers
and mi.sunderstanding between the parties to this agreement, who
wish hereby to merge their rights and lia.bilities under ORIGINAL
A GREEI,!ENT into this new agreement, which henceforth shall state
the rights of liabilities of the parties h.ereto.
COVENANTS : It is mutually agreed between the parties
I-tereto as follows:
1. The rea.1 property, in regard to wllich the parties
hereto are hereby agreeing, hereinafter referred to as P!?OPERTY,
is located in the County of San Diego, Sta.te of California, and
particularly described on Exhibit “A” atta.ched hereto and by
-l-
__II_-__.. . ..IJ- . .._. -. ~__- -. - . ^-- .....ll__.l__,l--_I .- .._I-
1
2
3
4
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
51
32
STUART C WILSON
A’ITORNRY AT LAW
P00~RTATERTREET
CARLSRAO. CALIF.
PHONE 72%SD01
this reference incorporated herein..
2. Except as expressly stated herein each of the parties
II hereto does hereby give up and abandon each. and all of its rights
under ORIGI?!AL AGREEMENT.
3. CITY shall continue to have and maintain all it.s
rights under ORIGINAL .?GREE!JENT to do a.ny of the following things
in the manner, method, and with the equipment as determined by
(a) To have the sole and exclusive right and
option by and through qents and. representatives
to enter from time to time hereafter upon PROPERTY
for the purpose of drilling or digging wells for water
on any .part of PRCFERTY a,dvisa,ble by CITY;
(b) To enter upon PROPERTY to install pumps, install
and lay pipe lines, electric lines and other neces-
sary equipment, and thereafter from time to time
to ma.ke repairs and renewals and operate all of
such equipment and pump water from said wells;
(c) To take and remove all water developed on
FROPERTY a.nd deliver it to such place or pla.ces off of
FROPERTY as CITY in its sole discretion may determine.
(d) It is understood that the rights of CITY as
enumerated in this Pa.ragraph 3, shall net restrict the
reasonable rights of KELLY to construct buildings upon
PROPERTY, however, KELLY shall not have the rig!-.t to
construct any buildings upon any portion of PROPERTY
in which CITY has an existing well or an existing pipe
line in connection with any such well.
4. CITY shall pay to KELLY $400.00 and shall give to
KELLY a letter of credit for 15 acre feet of water free of charge,
upon the execution hereof. Except a.s otherwise herein stated,
upon the execution hereof, neither party hereto shall owe to the II -2-
._____-- -~.
1 other any obligation through June 30, 1964.
2 5. During each fiscal year starting with the fiscal year
3 (2 eginning July 1, 1964, CITY shall supply free of charge to KELLY
4 upon his request therefore, up to the following: (1) 1.5 acre feet
5 of water from one connection which CITY may meter at any time for
6 stock watering use upon PROPEbXTY and for domestic use for the two
7 presently existing dwellings on PROPERTY, and (2) 15 additional acre
8 feet of water. CITY shall be entitled during each said fiscal year
9 to produce from PROPERTY 16.5 acre feet of water without becoming
m obligated thereby to pay to KELLY any sum whatsoever. During each
11 said fiscal year, once KELLY has taken 16.5 acre feet of wa.ter from
.‘\ 12 CITY, CITY shall then pay to KELLY monthly,for the balance of each
13 said fiscal year, $7.00 per acre foot for all water thereafter
14 produced from property; provided however than in no event shall
15 said monthly payments be in an amount less than $50.00 regardless
16 of the volume of water produced. Said monthly payments shall be
17 paid on or before the 10th day of each month for water produced
18 the preceeding month. At CITYrS option, KELLY’S said free water
19 may be produced from PROPERTY or supPlied from other sources.
20 KI’LLY’S rights hereunder to free water shall not accumulate from
21 fiscal year to fiscal yea.r. In the event KELLY uses more than his
22 said free water during any fiscal year, KELLY shall pa-y for such
23 additional water at CITY’S then usual rates.
24 6. This agreement shall be binding upon a,nd inure to the
25 II benefit of the heirs, devisees, successors and assigns of the
26
27
28
29
30
32
8TUART C. WILSON
*lTORNLY *, LAW
Ps0sSTATesTREET
CARLSSAD. CALLP.
PHONE 72%5901
parties hereto.
DATJ’T! : y$NE l v&c/ .
-3-
1 1
2 2
-3 -3
4 4
5 5
6 6
7 7
8 8
9 9
10 30
11 11
12 12
13 13
14 14
15 15
36 36
17 17
18 18
19 19
20 20
21 21
22 22
23 23
24 24
25 25
26 26
27 27
28 28
29 29
30 30
51 51
32 32
STUART C. WILSON STUART C. WILSON
ATTORNEY AT LAW ATTORNEY AT LAW
lSO6SThTESTREET lSO6SThTESTREET
CARLSSAO. CALIF. CARLSSAO. CALIF.
PHONE JZS-2SOl PHONE JZS-2SOl
- ___ ___.. .._. __ --...
I, . ., _ .*, .J ;: ;. ,,.’ .‘I , :p’;:..
( : .,’ <i .yy:.: i:- .;r,‘~‘!:,.,
\-2, ‘A<,” .,. ,. .;. : ; ~
ATTEST:
-4-
TO 449 c
(Corporation) 0 TI
STATE OF CALIFORNIA
San Diego COUNTY OF > ss.
t
On June 1. 1964 before me, the undersigned, a Notary Public in and for said
State, personally appeared - Carl =. - -,
w known to me to be the Mayor mxw and MarParet E. Adams 3 ifi known to me to be City Clerk at executed the within Instrument, = k Bm of the/co~~a~%lf’l nown to me to be the persons who executed the within 2 Instrument on behalf of , ,
4 acknowledged to me that sue \tL.O*~~l“‘t
& Instrument pursuant t 84% xckdixkm~~. City eouncl 9 WXXXZNWOIOI~~~ law and authqs$at&%qplf’*jts . 27, I, :$p ‘*. ‘,, WITNESS my hand and official seal. 1. a. n . T ’ :;~~+T~-
+- ‘
Signature
;; ; ‘ I$ * ‘“‘p
~~MlSSlON EXPIRES JUNE 1% 1964
.,i t _’ ,~ .“* SK-,” ‘, if I Name (Typed or Printed)
TO 447 c
( In3vidual) 0 m
I STATE OF CALIFORNIA
San Diego : COUNTY OF
t
On J&!J26, before me, the undersigned, a Nota Public in and for said
State, personally appeared Carroll R. Kelly and Alice L. Ke%y ,
Y
$ to be the person s whose name S are subscribed
& to the within instrument and acknowledged that they
1
executed the same.
WITNESS my hand and official seal.
.-
Signature JLlhzqQ
STUART C. k MY p 1964
Name (Typed or Printed)
p known to me
EXHIBIT "A"
That certain real property situate in the County of San Diego, State of California, parti- cularly described as follows:
In Ranch0 Agua Hedionda, particularly Lot B, beginning on the West line of Lot B, South 0' 06' East 1093.5 feet from the Northwest corner of said Lot; thence South 87* 45' East 1133 feet; thence South 13* 12' West 2115.3 feet to the Southwesterly line of said Lot B and the center line of the County Road; thence along said line North 54* 40' West 669.3 feet; thence North 32* 55' West 180.3 feet to the West line of Lot B; thence North O* 11' West 1565.52 feet to the point of beginning.
------_---.-___..- .~~
RecordingF&questedESyandl?eturnl'b:
City Clerk City of Carl&ad
1200 Elm Avenue Car&-bad, CA 92008
- 84-41’xwz
& 0, 2255 r .“I _-..e ., EF.l..:t!iiDkI.i (14 t
OFI-il:l,',!.., FiEZ(ii;t:::~ ! (JC' .{ 1 y. "(1 h I'fJyJ , ,A? I'ILc': 32 ,!j,:
GRANTORS: CARROLL R. KELLY and ALICE KELLY
GRANTEE: RICHARD C. KELLY, Ridgway, Colorado 81432
THIS ASS IGNMENT affects the following descr ibed real property:
ASSIGNMENT
i954 WQQ -5 Pi4 2: 29 VEF:i’; i. ;..: ; “1 L ; COhfN i’ y [:fCtiE:DER i No FEE
That certain real property situate in the County of
San Diego, State of California, particularly described
as follows:
In Ranch0 Aqua Hedionda, particularly Lot B, beginning
on the west line of Lot B, South 0~06' East 1093.5 feet
from the northwest corner of said Lot; thence South
87"45' East 1133 feet; thence South 13"12' West 2115.3
feet to the southwesterly line of said Lot B and the
centerline of the County Road; thence along said line
North 54"40' West 669.3 feet; thence North 32"55' West
180.3 feet to the west line of Lot B; thence North O"11'
West 1565.52 feet to the point of beginning.
Grantors hereby assign and convey to Grantee all their rights
and privileges under a certain "Agreement" made between Grantors and
the City of Carlsbad, a Municipal Corporation of the State of California,
dated June 1, 1964 and recorded June 22, 1964 in Series 5, Book 1964
at Pages 688, 689, 690, 691 and 692 of the official records of San Diego
County, California, File/Page No. 111716, hereafter referred to as "The
Agreement".
In consideration of said conveyance and assignment, Grantee
hereby agrees to assume any and all obligations of Grantors arising from
The Agreement, to perform such obligations according to the terms of The
Agreement and to hold Grantors harmless and indemnify them from any obliga-
tions or debts that might arise from The Agreement.
Done this Y- day
STATE OF COLORADO )
COUNTY OF OURAY
day of
was acknowledged before me this 24d
ELLY and ALICE KELLY.
STATE OF COLORADO )
> ss.
COUNTY OF OURAY 1
day of
~~T~;~;regoing
11
My commission'
instrument was acknowledged before me this s+d
19a
expire
Notary Public:
28&‘7 County Road 23
Fii dgway. Co1 o. Gj.432
May b, 1484
City Attnrney
City c~f Carl. shad
2’360 Pia F’icu Drive
Car 1. shad Y Ca 1. i f or- n i a c,?2Cji~l~
Dear Sir:
Enclo:jed please find an Assignment with Carroll R. Kelly and
AZ ice Kelly as Grantors and Richard C. Kel ly as Grantee cuvering
an Agreement entered into bitwccn the City of Car 1. sbad and
Grantors regarding water rights in Ranchrr! fhgua Hedi onda and
payment theref or- II
I would apprec:i ate it if you would have the said #Assignment
recorded ancl a copy returned tc:, me and arrange *or the monthly
payments tu be forwarded to me at thr above address.
Your c:ouperation will be appreciated.
Very A‘ .r-ul y yours9
-
/A’ -;
;\ i, ,
I’ d’. a,
L ,
il I
1
2
-3
4
5
6
7
a
9
10
I1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
STUART C WILSON
ATTORNal AT LAW
1190* STATI S’rReET
CARLSSIO. CALIF.
PIiONS 729-5901
I
,’ I A’
(
: ./” .,:’ f -’ ‘
WHEN RECORDED MAIL TO: t
/
City of Carlsbad &+$q .
2960 Pio Pica Drive
Carlsbad, California AGREEMNT
‘U-i1 S AC!EE?ENT , entered into by and between the CITY
OF: CARLSSAD, a. municipal’corporation of the State of California,
hereinafter referred to as CITY; and CARROLL R. KELLY and
AL‘ICE KELLY, husband and wife, hereinafter jointly referred to
as KELLY,
RI:CITAI,S: This agreement is made with reference to the
following facts:
1. By an agreement dated October 11, 1950, and recorded
on October 13, 1950, in Rook 3819, Page 191 of Official Records
of the County of San Diego, State of California, as Docment
No. 1 19 0 8 5 , !A:’ . D. Cannon and Ellen K. Hall made certain agree-
Rents with regard to, anong other things, water rights on a
certain piece of real property located in the County of San P,iego,
Sta.tc of California. Said agreernan’t between the said Canr:on and
the said I-!all is hereinafter referred to as O~IGIXAL AG!?~EE!E:;~T,
and is by this reference incorporated herein.
2. CITY is the successor in interest to the rights of
y . n. Camon under (;RICINF,L AG2EEXEr\:T.
3, KELLY is the successor in interest to the rights of
Ellen i:. i;all under ORICIIId4.L AS?EEEEXT.
4 . !J?,TGINAL AGREE!-IENT has been the subject of controvers
and 3i sunderstanding between the parties to this agreeKent, who
b.ish hereby to Emerge their rights and liabilities under ORIGINAL
A C-RI:E: lENT into this new a.greer:.;ent , which henceforth she1 1 state
the I-i nhts 05 -* liabilities (;:f the ;arti.cs hereto.
c: (? $‘I.: >,! .4. ?; T S l . It is I:?iJ.tIl8.lly agreed between the parties __.”
:-erctc! as follows:
i .- . Tf;e real property, in regard to i!I\i.c!: the parties
hcrztc 3x-c iicrt:hy agreeing, hereinafter referrcti to as P:Gl)Ci?Ti’,
is lccztcd in the Collnty of San Dicgo, State of Califorfiia, and
particul2rl~ r.ioscribcd on Exhibit I’/\” attached hcrcto and k,y ‘-
-l-
1
2
*3
4
5
6
I
8 :ITY
9
10
11
12
13
14
15
16
17
IS
19
20
21
22
22
24
25
27
25
3c
3:
STUART C. WILSON
ATTORNY.1 AT LAW
geo*sTArtsTRrrr
CARLSSAO* CALIP.
PnowL 720.SO01
- ~’ - . . *
:his reference incorporated herein.
2. ExceFt as expressly stated heroin each of the ;Jarties
iereto does hereby give up ,7n<! a?,nndon each and all of its rights
under CJRlcI>!.1\L ,P,fY?.EEiiE?,jT.
-ights
.il the
. .
7x LLY
3. CITY shall continue to have and maintain all its
under ORIGINAL AGREES?<1 to do any of the following things
manner, method, and with the equipment as determined by
(a) To have the sole and exclusive right and
option by and through cents and representatives
to enter from time to time hereafter qon PROPERTY
for the purpose of drilling or digging wells for water
on any Fart ot X PRCPERTY advisable by CITY;
(b) To enter upon PROPERTY to install pumps, install
and 18-y pi.?” lines, electric lines and other neces-
sary equipment, and thereafter from time to time
to make repairs and renewzls and operate all of
such er;uiFment and pump water from said wells;
(c) To take and remove all water develor,ed on
FROPERTY and deliver it to such place or places off of
FROPERTY as CITY in its sole discretion may determine.
(d) It is understood that the rights of CITY as
enwerated in this E’aragraph 3, shall not restrict the
reasonable rights of KELLY to construct buildings upon
FMPERTY, holA:ever , KELLY shall not have t!:e right to
construct any buildings upon any portion of PROPERTY
in which CITY has an existing well or a.n existing pipe
line in connection with any such dell.
4. CITY shall pay to I’ELLY $LtCO.OO and shall give to
a letter of credit for 15 acre feet of water fret of charge,
qon the execution herecf. Excerpt as otherwise herein stated,
upon tile execution heroof, neither partr hereto shall o!;‘z! to t:ie
-2-
- . , -
1
2
-3
4
5
6
7
8
9
10
11
e 12
13
14
15
16
17
18
19
20 KELLY'S rights hereunder to free water shall not accumulate from
21
22
I 23
I 24 I
I 25
26
I 27
i 28
I STUART C. WILSON
ATTORWCV AT LAW
ZSOOSTATESTRCCT
I
CARLSSAO. CALIP.
P&IONS 729.$901
other any obligation through June 30, 1964.
,b
5. During each -Fiscal year star-tins with the fiscal year
beginning July 1, 1964, CITY shall supply free of charge to KELLY
upon his renuest therefore, u;; to the following: (1) 1.5 acre feet
of water from one connection \:hich CITY may meter at any time for
stock watering use upon PRQ?E?TY and for domestic use for the two
presently existing dwellings on PROPERTY, and (2) 15 additional acre
feet of water. CITY shall be entitled during each said fiscal year
to produce from PROPERTY 16.5 acre feet of t:ater tritho-ut becomin.2
obligated th.ereby to pay to KELLY any sum whatsoever. During each
said fiscal year, once KELLY has taken 16.5 acre feet of water from
CITY, CITY shall then pay to KELLY monthly,for the balance of each
said fiscal year, $7.03 per acre foot for all water thereafter
produced from property; provided hol+:ever than in no event shall
said monthly payments be in an amount less than $50.00 regardless
of the voiume of water produced. Said monthiy payments shall he
paid on or hefore 'the 10th day of each month for ljater grcduced
the ;receeding month. At CITY'S option, KELLY'S said free water
may be produced from PROPERTY or supplied from otIher sources.
fiscal year to fiscal year. In the event KELLY uses more than his
said free water during any fiscal year, KELLY shall pay for such
additional water at CITY'S then usual rates.
6. This agreement shall be binding upon and inure to the
benefit of the heirs, devisees, successors and assigns of the
parties hereto.
CITY OF C~?~L$SAL)
a. * . . l
- \ t ‘, _
- i I I ’ : ”
1
c v
6
ri
E
I
10
11
1%
1’:
14
1:
1t
I ,
i
L
j
j
7
3
3! I!
20
21
22
23
24
25
26
27
28
29
30
51
32
STUART C. WILSON
ATTORNEV AT UW
ZSO6STATLSTRLLT
CARLsnAo. c*ttr.
PHONC 729.21901
, --
c
.-
4
ATTEST:
TO 44s c
(Corporation) 0 TI
1 1 STATE OF CALIFORNIA
San Diego SS. COUNTY OF ,
t
On ,June 1, 1964 before me, the undersigned, a Notary Public in and for said
State, personally appeared -dPr *
w known to me to be the pm%= and Margaret E. Adams , E . known to me to be lty Clerk X%3%.& of the/co~?a~%%?” z known to me to be the persons who executed the within at executed the within Instrument,
z Instrument on behalf of the o acknowledged to me that suc{c###&~&$%ed”“,;t,“%i$?!
.
$ instrument pursuant to iX&
\,cIII’.‘~li,‘~,
xasmw~s. City Counci 7 mccmm&~x~att . law and auth,~~~~at~~,~~~~~~s . L ,;, .‘5 a. .- I, -8 .:~::.*.s:z... .., .-. . ” .- -. 0 ‘e . / i :+.;,.T,C).~-z -- I ..,, l ;,;: ,>*.
~COMMISSION EXPIRES JUNE 15,19&l
Name (Typed or Printed)
TO 4.7 c
(Individual)
STATE OF CALIFORNIA
San Diego COUNTY OF
0 TI
t
On -.Shy 2.6, 1964 before me, the undersigned, a Nota Public in and for said
State, personally appeared Carroll R. Kelly and Alice L. Ke%y 1
W a P 9
3 to be the person s subscribed e
z ta to the within instrument and acknowledged that they
executed the same.
WITNESS my hand and official seal.
I Signature STUART C. WILSON MY CQMMlSSlON-
Name (Typed or Printed)
lrrr known to me ,.j* ,a..* “0.. *-.* ~ * 3 !’ “/ ‘, . , : .‘,- ,*> ., ‘.: ._... . .- . .’ ‘5
.: <: .*, .; \ ; .‘% .: .,. : ,. . ~ ‘; * ‘... , -.. .y , zrl- * ... 3‘. - - z..& - ‘..L,z
. < ‘;, ’ ; ‘,’ .GCf
. 2 ,J :
c -1 .t . I
-4,
:- _,i
:-:“- ..I:’ . 3.’ .-: I. .., . .
.- :
7--
. .
-
-
.‘f’ , *’ < * .
EXHIBIT "A"
That certain real property situate in the County of San Diego, State of California, parti- cularly described as follows:
In Ranch0 Agua Hedionda, particularly Lot B, beginning on the West line of Lot B, South O" 06' East 1093.5 feet from the Northwest corner of said Lot; thence South 87O 45' East 1133 feet; thence South 13' 12' West 2115.3 feet to the Southwesterly line of said Lot B and the center line of the County Road; thence along said line North 54O 40' West 669.3 feet; thence North 32' 55' West 180.3 feet to the West line of Lot B; thence North O" 11' West 1565.52 feet to the point of beginning.
t