HomeMy WebLinkAboutFarmers and Merchants Trust Company of Long Beach; 1977-06-16;Recitals:
AGREEMENT
This agreement made this 16th day of June, 1977, between
CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal
Water District, organized and operating under
The Municipal Water District Act of 1911, as
amended, hereinafter for convenience referred
to as "DISTRICT",
and
FARMERS AND MERCHANTS TRUST COMPANY OF LONG
BEACH, as Trustee under four trusts for the
benefit of WILLIAM HENRY WALKER, DANIEL K.
WALKER, JOHN G. WALKER and ANNE C. WALKER,
each as to an undivided one-fourth interest,
hereinafter for convenience referred to as
"OWNER",
and
PALOMAR ESTATES, a California Limited Partner-
ship, hereinafter for convenience referred to
as "DEVELOPER".
1. DISTRICT is owner in fee of a parcel of real property,
acquired by a deed recorded May 13, 1957 in Book 6574, Page 87,
Official Records, San Diego County, California.
2. DISTRICT has developed the said parcel of real pro-
perty for water facilities of the DISTRICT consisting of a water
reservoir and appurtenant facilities, said parcel hereinafter for
convenience referred to as "RESERVOIR SITE".
3. OWNER is the owner of the parcel of real property
described in Exhibit "A" attached hereto, hereinafter for conven-
ience referred to as "PROPERTY".
4. DEVELOPER is leasing the PROPERTY from OWNER and is
REC'D CARLSBAD MUNIClPA[ JU L 1 5'77 • WATER DlSTRICT
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developing and improving the PROPERTY for a mobile home park.
5. DISTRICT is the owner of an easement for road and
pipeline purposes over the PROPERTY, by an easement recorded on
May 13, 1957, in Book 6574, Page 87, Official Records, San Diego
County, California, hereinafter for convenience referred to as
"EASEMENT".
6. DISTRICT has developed facilities on the EASEMENT by
constructi~g pipelines of DISTRICT to and from the RESERVOIR
SITE and a road for ingress and egress to the RESERVOIR SITE.
7. Investigation has revealed that the water reservoir
and appurtenant facilities are not all located on the RESERVOIR
SITE.
8. DEVELOPER, OWNER and DISTRICT are willing to exchange
record title to real property owned by the various parties so
that the water reservoir and all appurtenant facilities of the
DISTRICT will be located on a new reservoir site owned by DISTRICT.
9. DEVELOPER desires to use the EASEMENT of DISTRICT
under certain terms and conditions.
10. DISTRICT is willing to allow DEVELOPER to use the
EASEMENT of DISTRICT under certain terms and conditions.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. DEVELOPER, OWNER and DISTRICT shall exchange deeds so
that all of the water reservoir and appurtenant facilities of the
DISTRICT will be located on the parcel of real property that DIS-
TRICT acquires fee ownership to .. To carry out this purpose, DIS-
TRICT shall quitclaim to OWNER the existing RESERVOIR SITE and,
concurrently therewith, DEVELOPER and OWNER shall grant to the
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. DISTRICT fee title to a parcel of real property, according to a
legal description approved by all parties, to cover a reservoir
site for the existing water reservoir and appurtenant facilities
of the DISTRICT.
2. DISTRICT hereby consents and agrees to DEVELOPER
using the EASEMENT of the DISTRICT for the following purposes:
a. Installing additional fill on top of
the existing water lines of DISTRICT located
within the EASEMENT.
b. Installing underground utility lines
and sanitary sewer lines across the EASEMENT.
c. Using the EASEMENT for road purposes
for the development of DEVELOPER.
d. Using the EASEMENT for additional off-
street parking for the development of DEVELOPER.
The consent and agreement of DISTRICT to allow DEVELOPER
to use the EASEMENr of the DISTRICT for the above-mentioned pur-
poses shall be subject to approval of any improvement plans and
improvements for the above-mentioned purposes by the DISTRICT
Engineer. It is necessary that the approval by the DISTRICT En-
gineer require adequate protection for the existing facilities
of the DISTRICT located within the EASEMENT and continue to af-
ford to the DISTRICT adequate ingress and egress to the water
reservoir and appurtenant facilities of the DISTRICT.
3. In allowing the use of the EASEMENT by DEVELOPER,
both parties agree that if in the future it becomes necessary for
either party to repair or replace any of the improvements or fa-
cilities of the said party located within the EASEMENT and, as a
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result of said repair or replacement, the improvements or faci~
lities of the other party are damaged or destroyed, it shall be
the obligation of the party damaging or destroying the improve-
ments or facilities of the other party to repair or replace such
improvements or facilities.
4. The parties agree to execute any _other necessary
documents to carry out this agreement.
5. This agreement shall be binding upon the heirs, as-
signs and successors in interest of the parties hereto.
DISTRICT OWNER
CARLSBAD MUNICIPAL WATER DISTRICT, FARMERS AND MERCHANTS TRUST
A Municipal Water District COMPANY OF LONG BEACH
Title:
DEVELOPER
PALOMAR ESTATES,
A California Limited Partnership
By: DOUGLAS, EMMETT & COMPANY,
A California Corporation
General Partner
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