HomeMy WebLinkAboutLINCOLN SEASCAPE; 1985-04-11;AGREEMENT
"LATERAL K" PIPELINE RIGHT-OF-WAY
IMPROVEMENT DISTRICT NO. 2
COSTA REAL MUNICIPAL WATER DISTRICT
This Agreement made this 11 day of -~A~o~r~i~l _______ , 1985,
between COSTA REAL MUNICIPAL WATER DISTRICT, a municipal water
district, successor in interest to Carlsbad Municipal Water District,
hereinafter for convenience referred to as "COSTA REAL," and LINCOLN
SEASCAPE, a California limited partnership, hereinafter for
convenience referred to as "PROPERTY OWNER."
W I T N E S S
1. COSTA REAL owns, operates, and maintains a pipeline system
known as the "Lateral K" Pipeline, which traverses the land of the
PROPERTY OWNER. The pipeline is located within an easement area as
set forth in Carlsbad Tract No. 73-23, Map 8081, recorded on February
28, 1975, as File No. 75-047291, and the right-of-way document is
identified as File No. 75-30141 of Official Records, San Diego
County, California.
2. PROPERTY OWNER has submitted to COSTA REAL an engineering
construction drawing -grading plan identifying the existing pipeline
and right-of-way with the engineering design details of the proposed
grading operation for the Minor Subdivision 661 -"Seascape"
subdivision (P.C.D. 66) that will result in the elevation of the
ground surface being increased and decreased over the pipeline
easement area. This engineering construction drawing is identified
as "Exhibit A" --"Lateral K" Pipeline.
3. COSTA REAL has evaluated the proposal of the PROPERTY OWNER
and is willing to grant this written permission to increase/decrease
the ground elevation over the right-of-way subject to the terms and
conditions as set forth herein.
IT IS, THEREFORE, AGREED:
A. COSTA REAL hereby grants permission to the PROPERTY OWNER to
increase/decrease the elevation of the ground above the existing
right-of-way to the extent as set forth in the engineering
construction drawings identified as "Exhibit A" --"Lateral K"
Pipeline, provided such work is completed within twelve (12) months
of the date of this agreement.
B. The PROPERTY OWNER shall reimburse COSTA REAL for all COSTA
REAL's expenses for the repair and maintenance of the existing 12-
inch pipeline that COSTA REAL determines appropriate as a result of
the construction activity of mass-grading operations or as a result
of the excess overburden (fill) placed on top of the existing
pipeline or excavation (cut) operations in the immediate area within
sixty (60) days of receipt of billing by COSTA REAL.
C. The PROPERTY OWNER shal 1 grant to COSTA REAL permission to
traverse the lands of the PROPERTY OWNER as necessary to gain access
to the existing pipeline easement over any and all practical routes
for the purpose of operations and maintenance.
D. This Agreement shall be binding upon and inure to the
benefit of the assigns and successors in interest of each party.
LINCOLN SEASCAPE
a California limited partnership
By LINCOLN PROPERTY COMPANY NO. 1077,
A California Limited Partnership
By+atlt/J
William W. Hirsch
Managing General Partner
COSTA REAL MUNICIPAL WATER DISTRICT
a municipal water district
By?JDL~c::~
William C. Meadows
General Manager
STATE OF CALIFORNIA)
) §
COUNTY OF SkN DIEGO)
On ---'A'---'-'e~~;_;..\_L-_· __ \~\ __ , 1985"", before 'me, the undersigned,
a Notary Public in and for said State, personally appeared
WILLIAM W. HIRSCH, personally known to me to be one of the
general partners of LINCOLN PROPERTY COMPANY NO. 1077, A _
California Limited Partnership1 the partnership that executed the
within instrument and known to me to be the person who exe-
cuted the within instrument on behalf of said partnership, said
partnership being known to me to be one of the partners of
LINCOLN SEASCAPE, A California Limited Partnership, the partner-
ship that executed .the within instrument, and acknowledged to
me that such pa~tnership executed the same as such partner and
that such parcnership executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
VICKI A. LAROCHE
Notary Publlc-Callfomia
SAN DIEGO COUNTY
My Comm. Eli,. Aug. 9, 1988
GENERAL ACKNOWLEDGMENT
State of
County of
CALIFORNIA }
-
_ss. SAN DIEGO
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Exp. Sept. 25, 1987
Notary Public in and for San Diego
County, State of California
On this the1.Lday of _M_a_r_c_h ______ 19~~before me,
AVIS JULIA KELSO
the undersigned Notary Public, personally appeared
WILLIAM C. MEADOWS
D personally known to me
~ proved to me on the basis of satisfac~ory evidence
to be the person(s) whose name(s) is subscribed to the he within instrument, and acknowledged that ______ executed it.
WITNESS my
Notary's
NO. 201
7110122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364