HomeMy WebLinkAboutRancho La Costa; 1960-04-19;1 AGREEMENT
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3 This agreement made this rfm day of April, 1960, by and between
4 CARLSBAD MUNICIPAL WATER DISTRICT, a municipal water district
5 organized and existing under the Municipal Water District Act of 1911, as
6 amended, hereinafter for convenience referred to as "District", of the State
7 of California and RANCHO LA COSTA, a limited partnership, hereinafter
8 for convenience referred to as " Partnership".
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WITNESSETH:
10 WHEREAS, Partnership owns certain real property located within the
11 boundaries of the District and Improvement District No. 2 of said District;
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and
13 WHEREAS, Partnership desires to serve part of said real property
14 with water from the District by means of a temporary water line connected
15 to the permanent transmission system of the District; and
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WHEREAS, the use of said water shall be for agricultural purposes
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only; and
18 WHEREAS, because of the temporary nature of the use the Partnership
19 does not desire to install a permanent pipeline system at this time; and
20 WHEREAS, the District is willing to allow Partnership to receive
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water through a temporary water line under certain terms and conditions.
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NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
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1. Partnership is hereby authorized to connect a temporary eight
24 inch water pipeline at the South end of the existing Mesa line of the District.
25 2. Partnership agrees that all the material used in construction of
26 I said temporary water pipeline shall be new material.
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3. Partnership agrees that the water received through said temporary
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water line shall be used for agricultural purposes only and shall be used only
29 on lands owned by the Partnership located within the boundaries set forth on
30 Exhibit "A" attached hereto and incorporated herein by reference. In the
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event the partnership shall transfer any of the land within said Exhibit "A"
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1 during the existence of this agreement the right to receive water through this
2 temporary water line on the land so transferred shall cease and terminate
immediately. The District shall be under no obligation to serve any water to
any other party through this temporary water pipeline.
4. This agreement may be terminated at any time by the District
giving written notice to the partnership to disconnect the temporary water
pipeline from the permanent pipeline system of the District. In the event the
8 partnership fails to disconnect the said temporary water pipeline in accordance
with the written notice the District shall have the right to disconnect said
10 temporary water pipeline and the Partnership agrees to pay all costs for said
11 disconnection upon demand. In any event this agreement shall terminate
12 three years from the date of this agreement at which time the Partnership
13 agrees to disconnect the said temporary water pipeline from the permanent
14 pipeline system of the District. Failure by the Partnership to disconnect the
15 said temporary water pipeline at that time shall be handled in the same manner
16 as hereinbefore set forth. In its discretion the Partnership may install a
17 meter at the end of the permanent pipeline of the District in lieu of discon-
18 nection, if the same is installed prior to the expiration of this agreement.
19 5. Any meters installed on said temporary water pipeline shall be
20 installed in accordance with the District specifications for installation of
21 meters. All meters on the temporary water pipeline shall be set within six
22 feet of the temporary eight inch water pipeline. It is also understood by the
23 Partnership that it will be necessary to install pressure regulators on all
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24 meters installed on the temporary water pipeline. The Partnership shall be
25 responsible for all meters so installed.
26 6. The Partnership shall have full responsibility for the maintenance
27 of the said temporary water pipeline and any appurtenances thereto, and shall
28 make all repairs. In the erent the Partnership fails to maintain said temporary
29 water pipeline or make any necessary repairs the District shall have the right
30 to make any necessary repairs and the Partnership agrees to pay all costs
31 for said repairs upon demand.
32 7. In the event there shall be any loss of water through the temporary
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water pipeline during the term of this agreement it is hereby agreed that the
District shall determine the amount of said losses and the Partnership shall
pay upon demand the amount of said losses. The determination of the District
as to the amount of any said losses shall be final and conclusive upon all
parties.
8. In order to allow adequate inspection of the temporary water pipe-
line by representatives of the District the Partnership agrees to construct
and maintain adequate roads adjacent to the said pipeline.
9. The partnership agrees to accept full responsibility for all water
charges for any water received through any meters on said temporary water
pipeline.
10. It is hereby agreed between the parties hereto that all provisions
of Ordinance 10 of the District, as amended, that may be applicable to this
agreement shall apply.
IN WITNESS WHEREOF the parties hereto have set their hand as of the
day and year first above written.
CARLSBAD MUNICIPAL WATER DISTRICT
a Municipal Water District
By
ALLAN O.' KELL"
President of Carlsbad Municipal
Water District and of the Board
of Directors thereof
ATTEST:
RICHARD R. COE
Secretary of Carlsbad Municipal
Water District and of the Board
of Directors thereof
RANCHO LA COSTA,
a Limited Partnership
By
DONALD
General
AYRES
artner
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STATE OF CALIFORNIA )
t
COUNTY OF SAN DIEGO )
ss.
On (X-M ' before the undersigned, a Notary
Public in and for said County and State personally appeared ALLAN O. KELLY
known to me to be the President 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 witnin instrument on behalf of
the CARLSBAD MUNICIPAL WATER DISTRICT and acknowledged to me that
such CARLSBAD MUNICIPAL WATER DISTRICT executed the within instrumeni
pursuant to a resolution of its Board of Directors.
WITNESS my hand and official seal.
.,.
NotaryTPublic in and'
and State
for unty
STATE OF CALIFORNIA
COUNTY OF
On , before me, the undersigned, a
Lie inlarNotary Public inland for said County and State personally appeared DONALD
B. AYRES, known to me to be one of the partners of the Partnership that
executed the within instrument and acknowledged to me that such Partnership
executed the same.
WITNESS my hand and official seal.
Notary Public/in, and for said County
and State
My Commission Expires Sept. 14, 1962
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