HomeMy WebLinkAboutBressi, Mary E; 1963-06-18;1
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ANDREASEN,
THOMPSON.
GORE a GROSSE
ATTORNEYS AT LAW
8OZ THIRD STREET
OCEANSIDE. CALIFORNI
PHONE 722-1234
PIPELINE REFUND AGREEMENT
THIS AGREEMENT, made and entered into this day of June,
963, by and between CARLSBAD MUNICIPAL WATER DISTRICT, a municipal
water district, organized under tae Municipal Water District Act of 1911, as
amended, of the State of California, Hereinafter referred to as "District" and
VEARY E. BRESSI, hereinafter for convenience referred to as "Owner".
WITNESSETH:
WHEREAS, Owner has constructed a certain water pipeline extension
'or use and delivery of water within tae boundaries of District; and
WHEREAS, Owner has requested that District accept ownership of
said water pipeline, and Owner has complied or hereby agrees to comply wit.i
all conditions required by said District; and
WHEREAS, the Board of Directors has approved the construction of
aid water line, has approved the District Engineer's recommendations, and
las determined that said pipeline will constitute a portion of District's primary
or basic distribution system; and
WHEREAS, the parties hereto desire to enter into an agreement for
reimbursement to Owner for costs of said pipeline or a portion thereof, as
Drovided by the ordinances, rules and regulations of District; and
WHEREAS, Owner desires to retain the right to relocate said pipeline
in the future.
NOW, THEREFORE, it is agreed between t,e parties hereby as follows:
1. The said pipeline and all improvements and appurtenances
connected therewith, hereinafter called "pipeline" are described in detail on
he plans and specifications for said pipeline on file with the District and
entitled "Bressi Line Extension", said plans and specifications are incorporated
herein by reference. The center line of said pipeline is described in Exhibit
"A" attached hereto and incorporated herein.
2. The ownership of said pipeline and all improvements and
appurtenances connected therewith is hereby vested in District.
3. Owner states that all the costs connected with the installation
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ANDREASEN.
THOMPSON,
GORE ft GROSSE
ATTORNEYS AT LAW
802 THIRD STREET
OCEANSIDE, CALIFORNI
PHONE 722-1234
of said pipeline are fully paid and Owner hereby agrees to aold District free and
harmless from any claims, demands or costs arising out of or in connection
with tiie construction of said pipeline.
4. Owner states that she has supplied to the District or herein
agrees to supply to the District the following:
(1) Three copies of "as built" drawings of said pipeline
endorsed by registered civil engineer of the State of California.
(2) Three copies of the legal description of the center line of
said pipeline as constructed.
(3) Valid easements for pipeline purposes in favor of the
District over and across the land that said pipeline is constructed.
5. District hereby agrees to pay to Owner fifty percent (50%) of
tiie actual water consumption charges received by the District from the sale
and delivery of water through said pipeline, between the end of this particular
pipeline installation, as described above, or as shown in the plans and specifica-
tions thereof in the offices of the District file, and tne connection of said line
with the District 's main transmission line, subject to the following terms and
conditions:
a. The sum to be paid to the Owner in any one year shall
not exceed twenty per cent (20%) of the actual total costs of tiie said pipeline
as set forth in this agreement.
b. The District shall continue to make said payments to
Owner for a period of ten years from the completion of installation of the
pipeline or until the actual cost of said pipeline as set forth in this agreement
has been paid, whichever event occurs first.
c. There shall be no obligation on the part of District to pay
any sum of money to Owner except from the sale of water sold and delivered
through meters connected to the line as hereinbefore described.
d. No interest on any sum or any other charge shall be
payable by District.
e. Said payments shall be made by the District annually on
July 20th of each year until termination of the obligation of the District to pay as
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ANDREASEN.
THOMPSON.
GORE & GROSSE
ATTORNEYS AT LAW
8O2 THIRD STREET
OCEANSIDE. CALIFORNIA
PHONE 722-1234
hereinbefore set forth; except that the first payment covering the period from
the completion of the installation of the pipeline to the first day of the month in
which this contract is executed shall be paid by District upon execution of the
agreement and submission and acceptance of the items to be supplied by Owner
as set forth in Paragraph 4 above.
6. The agreed total actual cost of said pipeline to be reimbursed
in accordance with the terms and conditions of this agreement and ordinances,
rules and regulations of the District, is the sum of Eight Thousand One Hundred
Eighty-one Dollars and Ninety-one Cents ($8,181.91).
7. It is understood by all parties that MARY E. BRESSI will
transfer a certain portion of her property to her daughter and son-in-law,
ELIZABETH and DAN WIEGAND, and that the boundary of said property to be
transferred is approximately 100 feet from the furtherest point of the pipeline
referred to herein, and that before water service may be given to ELIZABETH
and DAN WIEGAND, they shall have obtained from Mrs. Bressi an easement
right over the property intervening between their property and the pipeline
donated herein or in the alternative, the pipeline granted herein and the easement
granted herein for said pipeline shall be extended according to District's
specifications to the border of the Wiegand property.
8. Owner understands and agrees that in accordance with the
provisions of Section 17B9 of Ordinance 10 of the District, it is the duty of
Owner to keep the District informed of any change of address and of her correct
address at all times. Any deposit left unclaimed with the District, or any re-
payment due from the District and left unclaimed for three years from the
date of said deposit, or repayment is due to any individual, shall revert to the
District as payment of expenses of bookkeeping and overhead and shall be
deposited in the general fund of the District.
9. This agreement may be recorded in the office of the County
Recorder of San Diego County, upon the execution by all parties hereto.
10. Owner, desiring to retain the right to change the location
of the pipeline, is hereby given the right to relocate said pipeline, or to entirely
remove the same upon the following terms and conditions:
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ANDREASEN.
THOMPSON.
GORE ft GROSSE
ATTORNEYS AT LAW
BO2 THIRD STREET
OCEANSIDE. CAL1FORNI
PHONE 722-1234
a. If said pipeline is removed and not relocated, Owner will
reimburse District for any and all payments paid to her under the terms of this
agreement. Removal shall occur only after obtaining the written consent of all
users connected to the line.
b. Said pipeline may be relocated only where relocation shall
provide equal water service to any water users who are obtaining services from
aid pipeline, the installation of the relocated water line to be done according to
District specifications and of equal capacity to the existing pipeline.
c. The cost of relocating the pipeline or removing the same
shall be entirely borne by Owner.
d. Upon relocation of the pipeline, if any, the same shall be
dedicated to the District and an easement over said pipeline shall be granted to
District the same as the one that is granted in this agreement, and District's
only responsibility is to continue to pay to owner, out of the sale of water through
aid relocated pipeline, the unpaid balance on the amount set forth herein, and
upon the same terms and conditions as set forth herein.
e. Upon the acquisition of the new easement and pipeline,
District agrees that it will deed back to Owner, any and all interest it might
have had in the easement granted herein, and said pipeline.
f. Water service coming from the existing pipeline shall not
be interrupted until the relocation pipeline is in service and ready to provide
water to all existing customers using the pipeline referred to herein.
11. This agreement is binding upon the parties hereto, their
heirs, executors, legal representatives, assignees or transferees, and its
provisions, other than repayment provisions, shall be subject to the rules and
regulations, ordinances and resolutions of the Distric t as adopted from
time to time.
IN WITNESS WHEREOF, the parties hereto have executed this
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ANDREASEN,
THOMPSON,
GORE & GROSSE
ATTORNEYS AT LAW
8O2 THIRD STREET
OCEANSIDE, CALIFORNIA
PHONE 722-1234
agreement as of the day and year first above written.
CARLSBAD MUNICIPAL WATER DISTRICT
ATTEST:
RICHARD R. COE
Secretary of the Carlsbad Municipal
Water District and of the
Board of Directors thereof
(SEAL)
President of
CARLSBAD MUNICIPAL WATER DISTRICT
and of the
BOARD OF DIRECTORS thereof
"District"
MARY^E. BRESSI,
"Owner"
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