HomeMy WebLinkAboutSan Marcos County Water District; 1963-11-06;1
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ANDREASEN,
THOMPSON.
GORE 81 GROSSE
ATTORNEYS AT LAW
. -<OZ THIRD STREET
i' SIDE. CALIFORNIA;
£722-1234
AGREEMENT FOR SALE AND TRANSFER
OF PIPELINE
THIS AGREEMENT, made this 6th day of November, 1963, by and
between the CARLSBAD MUNICIPAL WATER DISTRICT, a municipal water
district, organized and existing under the laws of the State of California,
hereinafter referred to as "Carlsbad" and SAN MARCOS COUNTY WATER
DISTRICT, organized and existing under the laws of the State of California,
hereinafter referred to as "San Marcos ',
RECITALS
WHEREAS, Carlsbad has heretofore constructed and owned a certain
pipeline, together with certain easements, through which said pipeline runs,
said pipeline being described as the transmission main from the San Marcos
County Water District Facility near Bennett and Rock Springs, Road, Unit "A-2
as shown on Sheets 3 through 22 of the Plans and Specifications prepared by
Boyle Engineering, their drawing No. 5109, commencing at a pipeline station-
ing 160 plus 55, 59, through stationing 411 plus 36. to and including the exist-
ing twelve-inch gate valve which was installed by San Marcos; and
WHEREAS, all said pipeline lies within the boundaries of the San Marcos
Water District and is not presently being used by Carlsbad; and
WHEREAS, San Marcos can use said pipeline and is willing to purchase
the same from Carlsbad; and
WHEREAS, Carlsbad is willing to sell said pipeline, subject to the
conditions contained herein;
NOW, THEREFOPE, IT IS AGREED as follows:
1. Carlsbad does hereby grant, convey and assign all of its right,
title and interest in and to that pipeline, more specifically described above,
and agrees that concurrently with the execution of this Agreement, it will
execute sufficient deeds to transfer all of its right, title and interest in and
to any easement rights through which said pipeline is constructed.
2. In consideration of the premises, San Marcos agrees to accept
said pipeline, and all the liabilities attendant to the ownership of such pipeline,
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ANDREASEN.
THOMPSON.
GORE&GROSSE
ATTORNEYS AT LAW
802 THIRD STREET
OCEANSIOE. CALIFORNIA
PHONE 722-1234
including the obligations to maintain the same in good repair. San Marcos
agrees that it accepts the pipeline in the condition that it is at the present,
with no warranties as to its fitness for any purpose whatsoever, or as to
the quality of construction, or as to any other warranty, expressed or implied.
3. San Marcos agrees to hold Carlsbad free and harmless from any and
all claims or liabilities for damages caused to San Marcos, or any third
party by reason of the use, maintenance an operation of said pipeline from
and aftern tb^ dale of this Agreement.
4 San Marcos agrees to pay to Carlsbad the sum of $140, 000 00 for
said pipeline. Said sum shall be paid in the following manner:
a Payments are to be made annually, the first payment to be made
within ninety days after June 30, 1987 and within ninety days
of each succeeding June 30th, until paid in full.
b. Said annual payments shall be the equivalent of $1. 00 per acre
foot of water purchased by San Marcos for resale within the
District, within the fiscal year preceding the date of payment.
c. No interest shall be paid by San Marcos on said purchase price.
5. The area served by San Marcos and the area served by Carlsbad
are neighboring communities. Carlsbad receives its water from the second
San Diego aqueduct and it is possible that an emergency may arise wherein
Carlsbad would not be able to receive water from said second San Diego
aqueduct.
IT IS AGREED an emergency shall be defined as Carlsbad's inability to
receive water from the second San Diego aqueduct because said aqueduct is
not operating due to mechanical failures or natural disasters
IT IS FURTHER AGREED that San Marcos, to the extent of its ability
and subject to the availability of pipeline capacities will deliver emergency
water to Carlsbad through the water system of San Marcos. The Board of
Directors of Carlsbad shall request the transportation of said emergency water
by informing the Board of Directors of San Marcos of the nature and extent
of said emergency conditions. Said emergency water shall be transported
for the benefit of Carlsbad, only if the Board of Directors of San Marcos
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ANDREASEN,
THOMPSON,
GORE&GROSSE
ATTORNEYS AT LAW
802 THIRD STREET
ICEANSIDE. CALIFORNIA
°HONE 722-1234
determines that the requested transportation of emergency water can be
accomplished without imperiling the delivery of water to the consumers and
residents o( San Marcos, The extent of emergency water to be furnished to
Carlsbad Huer this agreement, shall be determined by San Marcos and the
transportation of water in such an emergency situation may be stopped by
San Marcos should an emergency arise affecting the distribution of water
within San Marcos, The discretion given to the Board of Directors of San
Marcos, to make the above determinations, shall be exercised in good faith
and in a reasonable manner under the circumstances extent at the time of the
determination.
The details as to methods of requesting the transportation of the emergenc;
water will be covered by correspondence between the parties hereto. It
being further understood and agreed that the parties hereto, to the extent of
their ability, will cooperate in any emergency to affect the intent and purposes
of this Agreement.
IN WITNESS WI EREOF, the parties hereto have set their hancs ano seals
the day and year first above written.
CARLSBAD MUNICIPAL WATER DISTRICT
a Municipal Water District
Cstrlsbad"
SAN MARCOS COUNTY WATER DISTRICT
By:
I 'San Marcos"
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