HomeMy WebLinkAboutStandard Pacific of San Diego; 1983-07-01; (2)11
·~-·
AGREEMENT
UNIT "C" PIPELINES RIGHT-OF-WAY
IMPROVEMENT DISTRICT NO. 2
COSTA REAL MUNICIPAL WATER DISTRICT
.. ,
This agreement made triis 1st day of July , 1983, ----~~------. between COSTA REAL MUNICIPAL WATER DISTRICT, a mur-r"Itjpal water district,
successor in interest to Carlsbad Municipal Water ·Di~trict, hereinafter
for convenience referred to as "COSTA REAL," and STANDARD PACIFIC OF SAN
DIEGO, a California Corporation, hereinafter for conveniew(e 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 "Unit 1 A1 Pipelines", which traverses the land of the
PROPERTY OWNER. The pipeline is located within an easement area as set
forth in the right-of-way document granted to Carlsbad Municipal Water
District, recorded July 21, 1958, as File/Page No. 116513, Official
Records, San Diego County, California.
2. Under the terms and conditions for the granting of the original
right-of-way, the PROPERTY OWNER is responsible for obtaining written
permission from the Grantee, in this case COSTA REAL, to "increase or
decrease, or permit to the increased or decreased, the existing ground
elevations of the above-described right-of-way at the ti.me this document
is executed" (excerpt from the original easement ._deed as recorded).
3. The PROPERTY OWNER has submitted to COSTA REAL an engineering
construction drawing identifying the existing pipeline and right-of-way
with the engineering design details of the proposed grading operation for
-1 -
' '
·-~-·
the Carlsbad Tract No. 83-2, "Sea Pines" subdivision that will result in
the elevation of the ground surface being increased and decreased over the
pipeline easement area. This engineering construction drawing is iden-
tified as follows: "Exhibit A" --Unit "C" Pipelines.
4. COSTA REAL has evaluated the proposal of the PROPERTY OWNER
and is willing to grant this written pe~mi~sion to increase and 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 or 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"· __ Unit "C" Pipelines.
B. The PROPERTY OWNER shall agree to reimburse COSTA REAL for all
COSTA REAL'S expenses for the repair and maintenance of the existing 16-
inch pipeline that COSTA REAL determines appropriate as a result of
the construction activity of mass-grading operati'ons over existing pipe-
1 i n e.
C. The PROPERTY OWNER shall agree to 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. The term of this agreement will be for one (1) year ~
-? -
... ..
·11,'
E. This agreement shall be binding upon and inure to the
benefit of the assigns and successors in interest of each party.
STANDARD PACIFIC OF SAN DIEGO,
a California Corporation
COSTA REAL MUNICIPAL WATER DISTRICT
By:_jlz~ __ .,_ ·. \_ By /J;JJ,,;__~. ~
William C. Meadows
General Manager
t I
Ill Ge Ill :r
Ill .J IL ~ Ill
CAT. NO. NN00737
TO 1945 CA (7-82)
(Corporation)
STATE OF CALIFORNIA
COUNTY OF San Diego } ss.
On July 6, 1983 before me,
• TITLE INSURANCE
AND TRUST
A TlCOR COMPANY
the undersigned, a Notary Public in and for
said State, personally appeared =::-;-:::-=S':.:::-'E'::. ~T~h"-;o~m:':p~s:""-"'o:n::::::===================--personally known to me or proved to me on the basis
of satisfactory evidence to be the {l-e.rson who executed
the within instrument as the ___ i_c_e _____ _
President, and Jerry Saxe
personally known to me or
proved to me on the basis of satisfactory evidence to be
thiferso1t wrf executed the within instrument as the 818 an Secretary of the Corporation
that executed the within instrument and acknowledged
to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its
board of directors.
WITNESS my hand and official seal.
Signature l £v d . /!i,h c:J
- 3 -
(This area for official notarial seal)