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HomeMy WebLinkAboutLINCOLN SEASCAPE; 1985-04-11;AGREEMENT "LATERAL K" PIPELINE RIGHT-OF-WAY IMPROVEMENT DISTRICT NO. 2 COSTA REAL MUNICIPAL WATER DISTRICT This Agreement made this 11 day of -~A~o~r~i~l _______ , 1985, between COSTA REAL MUNICIPAL WATER DISTRICT, a municipal water district, successor in interest to Carlsbad Municipal Water District, hereinafter for convenience referred to as "COSTA REAL," and LINCOLN SEASCAPE, a California limited partnership, hereinafter for convenience 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 "Lateral K" Pipeline, which traverses the land of the PROPERTY OWNER. The pipeline is located within an easement area as set forth in Carlsbad Tract No. 73-23, Map 8081, recorded on February 28, 1975, as File No. 75-047291, and the right-of-way document is identified as File No. 75-30141 of Official Records, San Diego County, California. 2. PROPERTY OWNER has submitted to COSTA REAL an engineering construction drawing -grading plan identifying the existing pipeline and right-of-way with the engineering design details of the proposed grading operation for the Minor Subdivision 661 -"Seascape" subdivision (P.C.D. 66) that will result in the elevation of the ground surface being increased and decreased over the pipeline easement area. This engineering construction drawing is identified as "Exhibit A" --"Lateral K" Pipeline. 3. COSTA REAL has evaluated the proposal of the PROPERTY OWNER and is willing to grant this written permission to increase/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/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" --"Lateral K" Pipeline, provided such work is completed within twelve (12) months of the date of this agreement. B. The PROPERTY OWNER shall reimburse COSTA REAL for all COSTA REAL's expenses for the repair and maintenance of the existing 12- inch pipeline that COSTA REAL determines appropriate as a result of the construction activity of mass-grading operations or as a result of the excess overburden (fill) placed on top of the existing pipeline or excavation (cut) operations in the immediate area within sixty (60) days of receipt of billing by COSTA REAL. C. The PROPERTY OWNER shal 1 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. This Agreement shall be binding upon and inure to the benefit of the assigns and successors in interest of each party. LINCOLN SEASCAPE a California limited partnership By LINCOLN PROPERTY COMPANY NO. 1077, A California Limited Partnership By+atlt/J William W. Hirsch Managing General Partner COSTA REAL MUNICIPAL WATER DISTRICT a municipal water district By?JDL~c::~ William C. Meadows General Manager STATE OF CALIFORNIA) ) § COUNTY OF SkN DIEGO) On ---'A'---'-'e~~;_;..\_L-_· __ \~\ __ , 1985"", before 'me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM W. HIRSCH, personally known to me to be one of the general partners of LINCOLN PROPERTY COMPANY NO. 1077, A _ California Limited Partnership1 the partnership that executed the within instrument and known to me to be the person who exe- cuted the within instrument on behalf of said partnership, said partnership being known to me to be one of the partners of LINCOLN SEASCAPE, A California Limited Partnership, the partner- ship that executed .the within instrument, and acknowledged to me that such pa~tnership executed the same as such partner and that such parcnership executed the same. WITNESS my hand and official seal. OFFICIAL SEAL VICKI A. LAROCHE Notary Publlc-Callfomia SAN DIEGO COUNTY My Comm. Eli,. Aug. 9, 1988 GENERAL ACKNOWLEDGMENT State of County of CALIFORNIA } - _ss. SAN DIEGO NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Exp. Sept. 25, 1987 Notary Public in and for San Diego County, State of California On this the1.Lday of _M_a_r_c_h ______ 19~~before me, AVIS JULIA KELSO the undersigned Notary Public, personally appeared WILLIAM C. MEADOWS D personally known to me ~ proved to me on the basis of satisfac~ory evidence to be the person(s) whose name(s) is subscribed to the he within instrument, and acknowledged that ______ executed it. WITNESS my Notary's NO. 201 7110122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364