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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)