HomeMy WebLinkAboutBressi, Mary E; 1962-11-07;AGREEMENT
This agreement made, this 7th day of November, 1962, between CARLSBAD MUNICIPAL
WATER DISTRICT, a municipal water district organized and existing under the Muni-
cipal Water District Act of 19115 as amended, hereinafter for convenience referred
to as "District" and MARY E. BRESSI, hereinafter for convenience referred to as
"Owner".
W1TNESSETH
WHEREAS, Owner owns certain real property located within the boundaries of the
District described as follows:
Lot "A" of the Subdivision of a portion of the Rancho Agua Hedionda
in the County of San Diego, State of California, according to Map
thereof No. 823, filed in the office of the County Recorder of San
Diego County November 16, 1896.
ALSO fractional Northeast Quarter of the Southwest Quarter (except
the South 10 acres thereof) and fractional Southeast Quarter of
Section 23, and fractional Southwest Quarter of Section 2k, Town-
ship 12 South, Range 4 West, San Bernardino Meridian, in the County
of San Diego, according to Supplemental Survey of the General's
office of September 17, 1915.
ALSO the Northwest Quarter of Section 25 and the East Half of the
Northeast Quarter of Section 26, Township 12 South, Range k West,
San Bernardino Meridian in the County of San Diego, State of Calif-
ornia.
said property hereinafter for convenience referred to as "Owners property"; and
WHEREAS, Owner has built on said property a water pipeline, with necessary
appurtenances hereinafter referred to as "Bressi pipeline" to the specifications
of the District and under the supervision of the District; and
WHEREAS, Owner desires to maintain private ownership of said pipeline but would
like to enter into an agreement wherein the District will maintain said pipeline;
and
WHEREAS, Owner and the District would like to establish the terms and conditions
under which District would be willing to accept ownership of said pipeline; and
WHEREAS, District is willing to enter into an agreement to maintain said pipeline
under the terms and conditions hereinafter set forth.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
1. District hereby agrees to accept the responsibility for inspection and
maintenance of the Bressi pipeline.
2. District agrees to make all necessary repairs to the Bressi pipeline and
owner agrees to pay all costs for said repairs upon demand.
3. Owner agrees that the water received through the Bressi pipeline shall be
used for agricultural purposes only, with the exception of one domestic connection,
and shall be used only on Owners property as hereinbefore described. In the event
Owner shall transfer any of the land described herein as Owners property during
the existence of this agreement the right to receive water through Bressi pipeline
on the land so transferred shall cease and terminate immediately.
4. In the event any additional equipment or appurtenances are needed in the future
on the Bressi pipeline in order to adequately serve water through said pipeline
District shall install the additional facilities and Owner agrees to pay all costs
for said additional facilities upon demand.
5. In order to allow adequate inspection and repair of the Bressi pipeline by
representatives of the District, Owner hereby grants to the District the right of
ingress and egress over and across Owner's property.
6. This agreement for maintenance and repair may be terminated by either party by
giving written notice to the other party at least sixty (60) days prior to the
effective date of cancellation of the agreement.
7. The District hereby agrees to accept ownership of the Bressi pipeline as a
pipeline of the District under the following terms and conditions:
a. The agreement to accept said pipel i'ne under this agreement shall
expire on November 7, 1967.
b. Owner shall furnish to the District the following:
(1) An executed bill of sale to said pipeline.
(2) Valid easements for pipeline purposes in favor of the District
over and across the land that said pipeline is constructed.
c. District will pay to Owner the sum of $2,045.48 in accordance with
the terms of conditions of the ordinances and rules and regulations
of the District.
IN WITNESS WHEREOF, the parties hereto have set their hand as of the day and
year first above written.
CARLSBAD MUNICIPAL WATER DISTRICT
BY
ALLAN 0. KELLY
President of the Carlsbad Municipal
Water District and of the Board of
Directors thereof
ATTEST:
RICHARD R. COE
Secretary of the Carlsbad Municipal
Water District and of the Board of
Directors thereof
MARY E. BRESSI
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On
ss.
, before the undersigned, a Notary Public in and for said.
County and State personally appeared ALLAN 0. KELLY, known to me to be the Presi-
dent and RICHARD R. COE, known to me to be the Secretary of the CARLSBAD MUNICIPAL
WATER DISTRICT and of the Board of Directors thereof, the District that executed
the within instrument, and known to me to be the persons who executed the within
instrument on behalf of the CARLSBAD MUNICIPAL WATER DISTRICT and acknowledged
to me that such CARLSBAD MUNICIPAL WATER DISTRICT executed the within instrument
pursuant to a resolution of its Board of Directors.
WITNESS my hand and official seal.
Notary Public in and foiCsaid
County and State
Paul S. Swirsky
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On
ss.
, before me, the undersigned, a Notary Public in and for
said County and State personally appeared MARY E. BRESSI, known to me to be the
person whose name is subscribed to the within instrument and acknowledged that
she executed the same.
WITNESS my hand and official seal.
Notary Publ ic in and for said
County and State