HomeMy WebLinkAboutSchuyler, JessIe L; 1961-04-07;28
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AGREEMENT
THIS AGREEMENT made and entered into this 7th day of April, 1961, by
and between CARLSBAD MUNICIPAL WATER DISTRICT, a municipal water
district organized under the Municipal Water District Act of 1911 of State of
California, as amended, hereinafter referred to as "District", and JESSIE I.
SCHUYLER, a widow, hereinafter referred to as "Owner"
WITNES SETH
WHEREAS, Owner has constructed a certain water pipeline extension for
the use and delivery of water within the 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 with all con-
ditions required by said District; and
WHEREAS, the Board of Directors has approved the construction of said
water line, has approved the District Engineer's recommendations, and has
determined that said pipeline will constitute a portion of the District's primary
or basic distribution system, and
WHEREAS, the parties hereto desire to enter into an agreement for re-
imbursement to Owner for cost of said pipeline or a portion thereof, as provided
by the ordinances, rules and regulations of District.
NOW THEREFORE, it is agreed between the parties hereto as follows:
1. The said pipeline and all improvements and appurtenances connected
therewith, hereinafter called "pipeline" consists of the following:
a. An undivided one-half interest in a 117 foot extension to
the Western end of the main transmission of Improvement
District No. 2 of Carlsbad Municipal Water District.
b. A pipeline entitled "Schuyler Pipeline Extension", the
of the Northwest Quarter of Section 28, Township 12 South,
Range 4 West, San Bernardin* Meridian; thence South
89°40'20" East along the North line of said Section 28, 50. 02
feet to the true point of beginning; thence North 0°19'40"
East 100 feet.
2. The ownership of said pipeline and all improvements and appurtenances
connected therewith is hereby vested in District.
1 3. Owner states that all costs connected with the installation of said
2 pipeline are fully paid and Owner hereby agrees to hold District Free and harm-
3 less from any claims, demands, or costs arising out of or connected with the
4 construction of said pipeline.
5 4. Owner states that she has supplied to the District a valid easement
6 for pipeline purposes in favor of the District over and across the land that said
7 pipeline is constructed.
8 5. District hereby agrees to pay to Owner fifty per cent (50%) of the
9 actual water consumption charges received by the District from the sale and de-
10 livery of water through said pipeline, between the end of this particular pipeline
11 installation, as described above or as shown in the plans and specifications
12 thereof and on file in the office of the District and the connection of said line with
13 the District's main transmission line, subject to the following terms and con-
14 ditions:
15 a. The sum to be paid to the Owner in any one year shall not
exceed twenty per cent (20%) of the total actual cost of the
16 said pipeline as set forth in this agreement.
17 b. The District shall continue to make said payments to Owner,
for a period of ten (10) years from completion of the
18 installation of the pipeline or until the actual cost of the
said pipeline as set forth in this agreement has been paid,
19 whichever event occurs first.
20 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
21 sold and delivered through meters connected to the line as
hereinbefore described.
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d. No interest on any sum or any charge shall be payable
23 by Dist rict.
24 Said payments shall be made by the District annually on July 20th of each year
25 until termination of the obligation of the District to pay as hereinbefore set forth;
26 except that the first payment covering the period from the completion of the
27 installation of the pipeline to the first day of the month in which this contract is
28 executed shall be paid by District upon execution of the agreement.
29 6. The agreed total actual cost of said pipeline to be reimbursed in
30 accordance with the terms and conditions of this agreement and the ordinances,
31 rules and regulations of the District is the sum of One Thousand Five Hundred
32 Six and 46/100 Dollars ($1, 506. 46).
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7. 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 his correct address at all
times. Any deposit left unclaimed with the District, or any repayment due from
the District and left unclaimed for a period of three years from the date of said
deposit or repayment is due to any individual, shall revert to the District, as
payment of expense of bookkeeping and overhead and shall be deposited in the
general fund of the District.
8. This agreement may be recorded in the office of the County Recorder
of San Diego County upon its execution by all parties hereto.
9. This agreement is binding upon the parties hereto, their heirs, execu
tors, legal representatives, assignees, or transferees, and its provisions, othei
than repayment provisions, shall be subject to the rules and regularions, ordin-
ances and resolutions of the District as adopted from time to time.
IN WITNESS WHEREOF the parties hereto have executed this agreement
as of the day and year first above written.
CARLSBAD MUNICIPAL WATER
DISTRICT
President~5f the Carlsbad/municipal
Water District and of the ^Joard of
Directors thereof.
ATTEST:
Secretary of Carlsbad Municipal
Water District and of the Board of
Directors thereof.
(SEAL)
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i.
STATE OP CALIFORNIA
COUNTY OF SAN DIEGO
On January 2, 1962
ss.
, 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 within instrument on behalf of the
CARLSBAD MUNICIPAL WATER DISTRICT and acknowledged to me that such
CARLSBAD MUNICIPAL WATER DISTRICT executed the within instrument pur-
suant to a resolution of its Board of Directors.
WETNESS my hand and official seal.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On January 2, 1962
ss.
JotaryPubiic in ancTfor said County
and State
T RRVCE SMITH. Ncfary Public
State of California - Principal Offics, San Diego Coi|nty
My Commission Expires July 18, 19^4
580 Elm Avenue, Carlsbad, Calif.
, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared JESSIE I.
SCHUYLER, 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.
/.-*
NotaryJPublic in and for said
County and State.
T BPJTCH SMITH. Notary Public
Stats of Criiifonih - Principal Office, ::jr, ~kco County
My Cor/. mission Expires July 18, 1904
580 Elm Avenue, Carlsbad, Calif.
BEST
ORIGINAL
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