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HomeMy WebLinkAboutBios Inc; 1969-01-14;AGREEMENT THIS AGREEMENT is hereby made for the benefit of CARLSBAD MUNICIPAL WATER DISTRICT, a municipal water district, hereinafter for convenience sometimes referred to as "District". WITNESSETH WHEREAS, BIOS INCORPORATED, a California corporation, did declare and establish covenants, conditions and restrictions, by a document dated August 15, 1968, covering the following described real property: Lots 1 to 15 inclusive of Greenview Unit 1, according to Map thereof No. 6172, filed in the office of the County Recorder of San Diego County, California August 20, 1968. and; WHEREAS, said covenants, conditions and restrictions were recorded as File/Page No. 142683, on August 20, 1968, Series 9, Book 1968, Official Records, San Diego County, California; and WHEREAS, BIOS INCORPORATED has subsequently executed and delivered to the District an easement of right of way, in, upon, over, under and across a portion of the above described real property; and WHEREAS, said grant of easement of right of way to the District was recorded as File/Page No. 166221, on September 25, 1968, Series 9, Book 1968, Official Records, San Diego County, California; and WHEREAS, certain improvements for a water distribution system have been installed by BIOS INCORPORATED, in said easement of right of way; and - 1 - WHEREAS, the District desires approval from the Board of Governors under said covenants, conditions and restrictions, hereinafter referred to as "The Board of Governors", that all of the improvements for the water distribution system, installed by the subdivider and being delivered to the District, comply with the said covenants, conditions and restrictions. NOW, THEREFORE, IT IS AGREED: 1. That all the improvements installed by BIOS INCORPORATED for the water distribution system, which is being delivered to the CARLSBAD MUNICIPAL WATER DISTRICT, are hereby approved by the Board of Governors. 2. That the District shall have the right to maintain and repair the water distribution system, constructed within said easement, without further approval of the Board of Governors. However, the District shall not have the right to alter or con- struct additional improvements within said easement, without written consent and approval of the Board of Governors. 3. This agreement is made for the benefit of CARLSBAD MUNICIPAL WATER DISTRICT, its successors and assigns. n DATED: (7 The Board of Governors, established by Declaration of Covenants, Conditions and Restrictions, Lots 1 to 15, inclusive, Greenview Unit 1. By: £\ By: ; - 2 -