HomeMy WebLinkAboutState Savings and Loan Association; 1983-05-13;I r -
AGREEMENT
TRI-AGENCIES PIPELINE RIGHT-OF-WAY
COSTA REAL MUNICIPAL WATER DISTRICT
This agreement made this 13th day of _____ M_a~y,_ _____ , 1983,
between COSTA REAL MUNICIPAL WATER DISTRICT, a municipal water district,
hereinafter for convenience referred to as "COSTA REAL," and STATE SAVINGS
AND LOAN ASSO~IATION, hereinafter for conveniince 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 "Tri-Agencies Pipeline," 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 executed by Sunset Hills, Ltd., as
grantor, to San Diego County Water Authority, ~s grantee, recorded on
A u g u s t 2 2 , 1 9 7 8 , a s F i 1 e / P a g e N o ~ ', 7 8 - 3 5 5 8 8 1 , B o o k 1 9 7 8 , 0 f f i C· i a 1 R e c o r d s ,
San Diego County, California.
2. Thereafter, San Diego County Wat~r Authority quitclaimed all
rights and title of San Diego County Water Authority in the easement
area of the pipeline to COSTA REAL by document recorded on July 19, 1982,
as File/Page No. 82-220672, Book 1982, of Official Records, San Diego
County, California.
3. Under the terms and conditions for the granting -Of the original
right-of-~ay, the PROPERTY OWNER is resp~nsible 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 time this document
is executed" {excerpt from the original easement deed as recorded) •.
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· 4. 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 construction of Cannon
Road that will result in the elevation of the ground surface being
increased over a portion of the pipeline easement area and decreased
over a portion of the pipeline easement area.
5. COSTA REAL has evaluated the proposal of the PROPERTY OWNER
and is willing to grant thi.s written permission 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 and decrease the elevation of .the ground above the existing
right-of-way to the extent as set forth in the plat map identifi~d as
"Exhibit A"· identified as "Costa Real Municipal Water ·oistrict -21"
Waterline -July, 1982, -revised January, 1983 -prepared by Joel
Silverman and Associate~."
B. The PROPERTY OWNER shall agree to construct the necessary
reinforced concrete protective system to protect the existing pipeline
w he re t h e e l e v at i on of t h e g r o u n d s u r fa c e i ·s be i n g de c re a s e d • Ad d i t i on a l l y ,
the PROPERTY OWNER shall provide for any recompacti.on of any of the pipe
backfill if determined to be necessary. COSTA REAL will determine the
scope and extent of the protection system and all work will be done in
conformarice with COSTA REAL standards of construction.
C. The PROPERTY OWNER shall agree to reimburse COSTA REAL for all
COSTA REAL's expenses for the administration of this right-of-way
proceeding as ·well as the expenses for contract administration and
ins~ection of construction that is necessary to protect the pipeline in
the area of the existing easement of COSTA REAL where the elevation of
the ground surface is being decreased .
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D. The PROPERTY OWNER shall grant to COSTA REAL per~i~sion to
traverse the lands of the PROPERTY OWNER to gain access from Cannon Road
to the existi~g pipeline easement over any and all practical routes.
E. This agreement shall be binding upon and inure to the benefit
of the assigns and successors in interest of each party.
STATE SAVINGS AND LOAN
ASSOCIATION
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COSTA REAL MUNICIPAL WATER DISTRICT
· By : 0 J,/.:.. ~ 14 41 k,,.
William c. Meadows
General Manager
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EXHIBIT 11 A11
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