SU0004745 - Laserfiche WebLink

Home Browse Search

02-26-'08 18:01 FROM-DILLON & MURPHY 1-209-334-0723 T-908 P02/02 U-164 PROPERTY OWNERS' WATER LICENSE AGREEMENT This Agreement is entered into on the date set forth at the end by and between Warmerdam Dairy Partnership, a California General Partnership (collectively referred to as the "Owners"), and relates to the real property identified as Parcel Map filed for record 2008,13ook , Page San Joaquin County Records (collectively referred to as Parcel Map), Parcel 3 located at 16464 E. Sargent Road, Lodi, CA 95240 and Parcel Map, Parcell located at 13580 E. Sargent Road, Lodi, CA 95240. 1, Recitals: a. The two parcels related abutt each other; b. The common water supply for Parcel 2 relates to a well (the "Well") located on Parcel 3, located on the Parcel Map, and C. The water supply for Parcel 2 is provided via pipeline constructed from the Well. 2. Grant and Confirmation of License Rights. a. License. The Owners agree and grant to each other and appurtenant to and for the benefit of the two abutting parcels related to Parcel 2, license rights in the Well and the related water pipeline for ingress and egress rights over Parcel 2 for the sole purpose of providing water, maintaining, and improving the Well and pipeline for each of the parcels related to Parcel 2. b. Nonexclusive License. The license granted to each of the Owners is nonexclusive. The Owners retain the right to make any use of their property that does not interfere unreasonably with the other Owner's use and enjoyment of the license. c. Termination of License. The Owners agree that upon the sale or transfer of either parcel related to Parcel 2, the license granted herein will terminate, and the Owners agree that Parcel 2 will be required to have an approved independent domestic water supply well as a condition of escrow. d. Binding Effect. This Agreement shall be binding on and shall inure to the benefit of heirs, executors, administrators, successors, and assigns of each of the Owners. e. Entirepereement: Amendment This Agreement constitutes the entire agreement between the Owners and supersedes all prior discussions, negotiations, and agrcoments whether oral or written. Any amendment to this agreement, including an oral modification supported by new consideration, must be reduced to writing and signed by both parties before it will be effective. f. Unenforceable Provisions. If all or part of any one or more of the provisions contained in this agreement is for any reason held to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability shall not affect any other provisions, and this agreement shall be equitably construed as if it did not contain the invalid, illegal, or unenforceable provision.