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HomeMy WebLinkAbout; Kelly, Richard C and Kelly, Carroll & Alice; 111716: Covenant1 2 3 4 5 6 7 8 9 10 31 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 251 32 STUART C. WILSON AYYORNCY AT LAW PDOOSTATERBfREET CARLSBAD. CALIF. PIONE 7PB.5SOl WHEN RECORDED MAIL TO: City of Carlsbad 2960 Pio Pica Drive Carlsbad, California AGREEMENT TI-II S AGREE?IENT , entered into by and between the CITY OF CARLSBAD, a. municipal’corporation of the State of California, hereinafter referred to as CITY; and CARROLL R. KELLY and ALICE KELLY, husband and wife, hereinafter jointly referred to as KEILLY. RECITALS: This agreement is made with reference to the following facts: 1. By an agreement dated October 11, 1950, and recorded on October 13, 1950, in Rook 3819, Page 191 of Official Records of the County of San Diego, State of California, as Document NO. 119085, w. D. Cannon and Ellen K. Hall made certain agree- ments with regard to, among other things, water rights on a certain piece of real property located in the County of San Diego, ., State of California. Said. agreement between the said Cannon and the said Iiall is h.ereinafter referred to as ORIGINAL AGREEIIENT, and is by this reference incorporated herein. 2. CITY is the successor in interest to the rights of :r1 ,I, l Il. Cannon under C:R.IGIN\L AEREEMNT. 3. KELLY i,s the successor in interest to the rights of Ellen K. ilall under QKICINP.1, ACREEM:NT, 4. ~?ICINAL ACREE~IENT has been the subject of controvers and mi.sunderstanding between the parties to this agreement, who wish hereby to merge their rights and lia.bilities under ORIGINAL A GREEI,!ENT into this new agreement, which henceforth shall state the rights of liabilities of the parties h.ereto. COVENANTS : It is mutually agreed between the parties I-tereto as follows: 1. The rea.1 property, in regard to wllich the parties hereto are hereby agreeing, hereinafter referred to as P!?OPERTY, is located in the County of San Diego, Sta.te of California, and particularly described on Exhibit “A” atta.ched hereto and by -l- __II_-__.. . ..IJ- . .._. -. ~__- -. - . ^-- .....ll__.l__,l--_I .- .._I- 1 2 3 4 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 51 32 STUART C WILSON A’ITORNRY AT LAW P00~RTATERTREET CARLSRAO. CALIF. PHONE 72%SD01 this reference incorporated herein.. 2. Except as expressly stated herein each of the parties II hereto does hereby give up and abandon each. and all of its rights under ORIGI?!AL AGREEMENT. 3. CITY shall continue to have and maintain all it.s rights under ORIGINAL .?GREE!JENT to do a.ny of the following things in the manner, method, and with the equipment as determined by (a) To have the sole and exclusive right and option by and through qents and. representatives to enter from time to time hereafter upon PROPERTY for the purpose of drilling or digging wells for water on any .part of PRCFERTY a,dvisa,ble by CITY; (b) To enter upon PROPERTY to install pumps, install and lay pipe lines, electric lines and other neces- sary equipment, and thereafter from time to time to ma.ke repairs and renewals and operate all of such equipment and pump water from said wells; (c) To take and remove all water developed on FROPERTY a.nd deliver it to such place or pla.ces off of FROPERTY as CITY in its sole discretion may determine. (d) It is understood that the rights of CITY as enumerated in this Pa.ragraph 3, shall net restrict the reasonable rights of KELLY to construct buildings upon PROPERTY, however, KELLY shall not have the rig!-.t to construct any buildings upon any portion of PROPERTY in which CITY has an existing well or an existing pipe line in connection with any such well. 4. CITY shall pay to KELLY $400.00 and shall give to KELLY a letter of credit for 15 acre feet of water free of charge, upon the execution hereof. Except a.s otherwise herein stated, upon the execution hereof, neither party hereto shall owe to the II -2- ._____-- -~. 1 other any obligation through June 30, 1964. 2 5. During each fiscal year starting with the fiscal year 3 (2 eginning July 1, 1964, CITY shall supply free of charge to KELLY 4 upon his request therefore, up to the following: (1) 1.5 acre feet 5 of water from one connection which CITY may meter at any time for 6 stock watering use upon PROPEbXTY and for domestic use for the two 7 presently existing dwellings on PROPERTY, and (2) 15 additional acre 8 feet of water. CITY shall be entitled during each said fiscal year 9 to produce from PROPERTY 16.5 acre feet of water without becoming m obligated thereby to pay to KELLY any sum whatsoever. During each 11 said fiscal year, once KELLY has taken 16.5 acre feet of wa.ter from .‘\ 12 CITY, CITY shall then pay to KELLY monthly,for the balance of each 13 said fiscal year, $7.00 per acre foot for all water thereafter 14 produced from property; provided however than in no event shall 15 said monthly payments be in an amount less than $50.00 regardless 16 of the volume of water produced. Said monthly payments shall be 17 paid on or before the 10th day of each month for water produced 18 the preceeding month. At CITYrS option, KELLY’S said free water 19 may be produced from PROPERTY or supPlied from other sources. 20 KI’LLY’S rights hereunder to free water shall not accumulate from 21 fiscal year to fiscal yea.r. In the event KELLY uses more than his 22 said free water during any fiscal year, KELLY shall pa-y for such 23 additional water at CITY’S then usual rates. 24 6. This agreement shall be binding upon a,nd inure to the 25 II benefit of the heirs, devisees, successors and assigns of the 26 27 28 29 30 32 8TUART C. WILSON *lTORNLY *, LAW Ps0sSTATesTREET CARLSSAD. CALLP. PHONE 72%5901 parties hereto. DATJ’T! : y$NE l v&c/ . -3- 1 1 2 2 -3 -3 4 4 5 5 6 6 7 7 8 8 9 9 10 30 11 11 12 12 13 13 14 14 15 15 36 36 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 29 29 30 30 51 51 32 32 STUART C. WILSON STUART C. WILSON ATTORNEY AT LAW ATTORNEY AT LAW lSO6SThTESTREET lSO6SThTESTREET CARLSSAO. CALIF. CARLSSAO. CALIF. PHONE JZS-2SOl PHONE JZS-2SOl - ___ ___.. .._. __ --... I, . ., _ .*, .J ;: ;. ,,.’ .‘I , :p’;:.. ( : .,’ <i .yy:.: i:- .;r,‘~‘!:,., \-2, ‘A<,” .,. ,. .;. : ; ~ ATTEST: -4- TO 449 c (Corporation) 0 TI STATE OF CALIFORNIA San Diego COUNTY OF > ss. t On June 1. 1964 before me, the undersigned, a Notary Public in and for said State, personally appeared - Carl =. - -, w known to me to be the Mayor mxw and MarParet E. Adams 3 ifi known to me to be City Clerk at executed the within Instrument, = k Bm of the/co~~a~%lf’l nown to me to be the persons who executed the within 2 Instrument on behalf of , , 4 acknowledged to me that sue \tL.O*~~l“‘t & Instrument pursuant t 84% xckdixkm~~. City eouncl 9 WXXXZNWOIOI~~~ law and authqs$at&%qplf’*jts . 27, I, :$p ‘*. ‘,, WITNESS my hand and official seal. 1. a. n . T ’ :;~~+T~- +- ‘ Signature ;; ; ‘ I$ * ‘“‘p ~~MlSSlON EXPIRES JUNE 1% 1964 .,i t _’ ,~ .“* SK-,” ‘, if I Name (Typed or Printed) TO 447 c ( In3vidual) 0 m I STATE OF CALIFORNIA San Diego : COUNTY OF t On J&!J26, before me, the undersigned, a Nota Public in and for said State, personally appeared Carroll R. Kelly and Alice L. Ke%y , Y $ to be the person s whose name S are subscribed & to the within instrument and acknowledged that they 1 executed the same. WITNESS my hand and official seal. .- Signature JLlhzqQ STUART C. k MY p 1964 Name (Typed or Printed) p known to me EXHIBIT "A" That certain real property situate in the County of San Diego, State of California, parti- cularly described as follows: In Ranch0 Agua Hedionda, particularly Lot B, beginning on the West line of Lot B, South 0' 06' East 1093.5 feet from the Northwest corner of said Lot; thence South 87* 45' East 1133 feet; thence South 13* 12' West 2115.3 feet to the Southwesterly line of said Lot B and the center line of the County Road; thence along said line North 54* 40' West 669.3 feet; thence North 32* 55' West 180.3 feet to the West line of Lot B; thence North O* 11' West 1565.52 feet to the point of beginning. ------_---.-___..- .~~ RecordingF&questedESyandl?eturnl'b: City Clerk City of Carl&ad 1200 Elm Avenue Car&-bad, CA 92008 - 84-41’xwz & 0, 2255 r .“I _-..e ., EF.l..:t!iiDkI.i (14 t OFI-il:l,',!.., FiEZ(ii;t:::~ ! (JC' .{ 1 y. "(1 h I'fJyJ , ,A? I'ILc': 32 ,!j,: GRANTORS: CARROLL R. KELLY and ALICE KELLY GRANTEE: RICHARD C. KELLY, Ridgway, Colorado 81432 THIS ASS IGNMENT affects the following descr ibed real property: ASSIGNMENT i954 WQQ -5 Pi4 2: 29 VEF:i’; i. ;..: ; “1 L ; COhfN i’ y [:fCtiE:DER i No FEE That certain real property situate in the County of San Diego, State of California, particularly described as follows: In Ranch0 Aqua Hedionda, particularly Lot B, beginning on the west line of Lot B, South 0~06' East 1093.5 feet from the northwest corner of said Lot; thence South 87"45' East 1133 feet; thence South 13"12' West 2115.3 feet to the southwesterly line of said Lot B and the centerline of the County Road; thence along said line North 54"40' West 669.3 feet; thence North 32"55' West 180.3 feet to the west line of Lot B; thence North O"11' West 1565.52 feet to the point of beginning. Grantors hereby assign and convey to Grantee all their rights and privileges under a certain "Agreement" made between Grantors and the City of Carlsbad, a Municipal Corporation of the State of California, dated June 1, 1964 and recorded June 22, 1964 in Series 5, Book 1964 at Pages 688, 689, 690, 691 and 692 of the official records of San Diego County, California, File/Page No. 111716, hereafter referred to as "The Agreement". In consideration of said conveyance and assignment, Grantee hereby agrees to assume any and all obligations of Grantors arising from The Agreement, to perform such obligations according to the terms of The Agreement and to hold Grantors harmless and indemnify them from any obliga- tions or debts that might arise from The Agreement. Done this Y- day STATE OF COLORADO ) COUNTY OF OURAY day of was acknowledged before me this 24d ELLY and ALICE KELLY. STATE OF COLORADO ) > ss. COUNTY OF OURAY 1 day of ~~T~;~;regoing 11 My commission' instrument was acknowledged before me this s+d 19a expire Notary Public: 28&‘7 County Road 23 Fii dgway. Co1 o. Gj.432 May b, 1484 City Attnrney City c~f Carl. shad 2’360 Pia F’icu Drive Car 1. shad Y Ca 1. i f or- n i a c,?2Cji~l~ Dear Sir: Enclo:jed please find an Assignment with Carroll R. Kelly and AZ ice Kelly as Grantors and Richard C. Kel ly as Grantee cuvering an Agreement entered into bitwccn the City of Car 1. sbad and Grantors regarding water rights in Ranchrr! fhgua Hedi onda and payment theref or- II I would apprec:i ate it if you would have the said #Assignment recorded ancl a copy returned tc:, me and arrange *or the monthly payments tu be forwarded to me at thr above address. Your c:ouperation will be appreciated. Very A‘ .r-ul y yours9 - /A’ -; ;\ i, , I’ d’. a, L , il I 1 2 -3 4 5 6 7 a 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 STUART C WILSON ATTORNal AT LAW 1190* STATI S’rReET CARLSSIO. CALIF. PIiONS 729-5901 I ,’ I A’ ( : ./” .,:’ f -’ ‘ WHEN RECORDED MAIL TO: t / City of Carlsbad &+$q . 2960 Pio Pica Drive Carlsbad, California AGREEMNT ‘U-i1 S AC!EE?ENT , entered into by and between the CITY OF: CARLSSAD, a. municipal’corporation of the State of California, hereinafter referred to as CITY; and CARROLL R. KELLY and AL‘ICE KELLY, husband and wife, hereinafter jointly referred to as KELLY, RI:CITAI,S: This agreement is made with reference to the following facts: 1. By an agreement dated October 11, 1950, and recorded on October 13, 1950, in Rook 3819, Page 191 of Official Records of the County of San Diego, State of California, as Docment No. 1 19 0 8 5 , !A:’ . D. Cannon and Ellen K. Hall made certain agree- Rents with regard to, anong other things, water rights on a certain piece of real property located in the County of San P,iego, Sta.tc of California. Said agreernan’t between the said Canr:on and the said I-!all is hereinafter referred to as O~IGIXAL AG!?~EE!E:;~T, and is by this reference incorporated herein. 2. CITY is the successor in interest to the rights of y . n. Camon under (;RICINF,L AG2EEXEr\:T. 3, KELLY is the successor in interest to the rights of Ellen i:. i;all under ORICIIId4.L AS?EEEEXT. 4 . !J?,TGINAL AGREE!-IENT has been the subject of controvers and 3i sunderstanding between the parties to this agreeKent, who b.ish hereby to Emerge their rights and liabilities under ORIGINAL A C-RI:E: lENT into this new a.greer:.;ent , which henceforth she1 1 state the I-i nhts 05 -* liabilities (;:f the ;arti.cs hereto. c: (? $‘I.: >,! .4. ?; T S l . It is I:?iJ.tIl8.lly agreed between the parties __.” :-erctc! as follows: i .- . Tf;e real property, in regard to i!I\i.c!: the parties hcrztc 3x-c iicrt:hy agreeing, hereinafter referrcti to as P:Gl)Ci?Ti’, is lccztcd in the Collnty of San Dicgo, State of Califorfiia, and particul2rl~ r.ioscribcd on Exhibit I’/\” attached hcrcto and k,y ‘- -l- 1 2 *3 4 5 6 I 8 :ITY 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 22 24 25 27 25 3c 3: STUART C. WILSON ATTORNY.1 AT LAW geo*sTArtsTRrrr CARLSSAO* CALIP. PnowL 720.SO01 - ~’ - . . * :his reference incorporated herein. 2. ExceFt as expressly stated heroin each of the ;Jarties iereto does hereby give up ,7n<! a?,nndon each and all of its rights under CJRlcI>!.1\L ,P,fY?.EEiiE?,jT. -ights .il the . . 7x LLY 3. CITY shall continue to have and maintain all its under ORIGINAL AGREES?<1 to do any of the following things manner, method, and with the equipment as determined by (a) To have the sole and exclusive right and option by and through cents and representatives to enter from time to time hereafter qon PROPERTY for the purpose of drilling or digging wells for water on any Fart ot X PRCPERTY advisable by CITY; (b) To enter upon PROPERTY to install pumps, install and 18-y pi.?” lines, electric lines and other neces- sary equipment, and thereafter from time to time to make repairs and renewzls and operate all of such er;uiFment and pump water from said wells; (c) To take and remove all water develor,ed on FROPERTY and deliver it to such place or places off of FROPERTY as CITY in its sole discretion may determine. (d) It is understood that the rights of CITY as enwerated in this E’aragraph 3, shall not restrict the reasonable rights of KELLY to construct buildings upon FMPERTY, holA:ever , KELLY shall not have t!:e right to construct any buildings upon any portion of PROPERTY in which CITY has an existing well or a.n existing pipe line in connection with any such dell. 4. CITY shall pay to I’ELLY $LtCO.OO and shall give to a letter of credit for 15 acre feet of water fret of charge, qon the execution herecf. Excerpt as otherwise herein stated, upon tile execution heroof, neither partr hereto shall o!;‘z! to t:ie -2- - . , - 1 2 -3 4 5 6 7 8 9 10 11 e 12 13 14 15 16 17 18 19 20 KELLY'S rights hereunder to free water shall not accumulate from 21 22 I 23 I 24 I I 25 26 I 27 i 28 I STUART C. WILSON ATTORWCV AT LAW ZSOOSTATESTRCCT I CARLSSAO. CALIP. P&IONS 729.$901 other any obligation through June 30, 1964. ,b 5. During each -Fiscal year star-tins with the fiscal year beginning July 1, 1964, CITY shall supply free of charge to KELLY upon his renuest therefore, u;; to the following: (1) 1.5 acre feet of water from one connection \:hich CITY may meter at any time for stock watering use upon PRQ?E?TY and for domestic use for the two presently existing dwellings on PROPERTY, and (2) 15 additional acre feet of water. CITY shall be entitled during each said fiscal year to produce from PROPERTY 16.5 acre feet of t:ater tritho-ut becomin.2 obligated th.ereby to pay to KELLY any sum whatsoever. During each said fiscal year, once KELLY has taken 16.5 acre feet of water from CITY, CITY shall then pay to KELLY monthly,for the balance of each said fiscal year, $7.03 per acre foot for all water thereafter produced from property; provided hol+:ever than in no event shall said monthly payments be in an amount less than $50.00 regardless of the voiume of water produced. Said monthiy payments shall he paid on or hefore 'the 10th day of each month for ljater grcduced the ;receeding month. At CITY'S option, KELLY'S said free water may be produced from PROPERTY or supplied from otIher sources. fiscal year to fiscal year. In the event KELLY uses more than his said free water during any fiscal year, KELLY shall pay for such additional water at CITY'S then usual rates. 6. This agreement shall be binding upon and inure to the benefit of the heirs, devisees, successors and assigns of the parties hereto. CITY OF C~?~L$SAL) a. * . . l - \ t ‘, _ - i I I ’ : ” 1 c v 6 ri E I 10 11 1% 1’: 14 1: 1t I , i L j j 7 3 3! I! 20 21 22 23 24 25 26 27 28 29 30 51 32 STUART C. WILSON ATTORNEV AT UW ZSO6STATLSTRLLT CARLsnAo. c*ttr. PHONC 729.21901 , -- c .- 4 ATTEST: TO 44s c (Corporation) 0 TI 1 1 STATE OF CALIFORNIA San Diego SS. COUNTY OF , t On ,June 1, 1964 before me, the undersigned, a Notary Public in and for said State, personally appeared -dPr * w known to me to be the pm%= and Margaret E. Adams , E . known to me to be lty Clerk X%3%.& of the/co~?a~%%?” z known to me to be the persons who executed the within at executed the within Instrument, z Instrument on behalf of the o acknowledged to me that suc{c###&~&$%ed”“,;t,“%i$?! . $ instrument pursuant to iX& \,cIII’.‘~li,‘~, xasmw~s. City Counci 7 mccmm&~x~att . law and auth,~~~~at~~,~~~~~~s . L ,;, .‘5 a. .- I, -8 .:~::.*.s:z... .., .-. . ” .- -. 0 ‘e . / i :+.;,.T,C).~-z -- I ..,, l ;,;: ,>*. ~COMMISSION EXPIRES JUNE 15,19&l Name (Typed or Printed) TO 4.7 c (Individual) STATE OF CALIFORNIA San Diego COUNTY OF 0 TI t On -.Shy 2.6, 1964 before me, the undersigned, a Nota Public in and for said State, personally appeared Carroll R. Kelly and Alice L. Ke%y 1 W a P 9 3 to be the person s subscribed e z ta to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. I Signature STUART C. WILSON MY CQMMlSSlON- Name (Typed or Printed) lrrr known to me ,.j* ,a..* “0.. *-.* ~ * 3 !’ “/ ‘, . , : .‘,- ,*> ., ‘.: ._... . .- . .’ ‘5 .: <: .*, .; \ ; .‘% .: .,. : ,. . ~ ‘; * ‘... , -.. .y , zrl- * ... 3‘. - - z..& - ‘..L,z . < ‘;, ’ ; ‘,’ .GCf . 2 ,J : c -1 .t . I -4, :- _,i :-:“- ..I:’ . 3.’ .-: I. .., . . .- : 7-- . . - - .‘f’ , *’ < * . EXHIBIT "A" That certain real property situate in the County of San Diego, State of California, parti- cularly described as follows: In Ranch0 Agua Hedionda, particularly Lot B, beginning on the West line of Lot B, South O" 06' East 1093.5 feet from the Northwest corner of said Lot; thence South 87O 45' East 1133 feet; thence South 13' 12' West 2115.3 feet to the Southwesterly line of said Lot B and the center line of the County Road; thence along said line North 54O 40' West 669.3 feet; thence North 32' 55' West 180.3 feet to the West line of Lot B; thence North O" 11' West 1565.52 feet to the point of beginning. t