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Canyon Lake POA News

Posted on: January 16, 2020

Canyon Lake POA & EVMWD Complete Agreement

Canyon Lake Aerial

The Canyon Lake POA is pleased to inform you it has executed a settlement with EVMWD, in the pending litigation in Riverside Superior Court (Case No. RIC 1503428). The settlement is contingent on the Court granting class certification, for settlement purposes only, of all “Lakefront Owners” as defined in the settlement agreement. Below is a summary of the major points of the settlement:

  1. The Settlement will be effective after 10 days from the date the Court grants final approval of class certification and class settlement, provided neither CLPOA nor EVMWD exercise an option to cancel the Settlement within that time.
  2. As of the effective date of the Settlement, EVMWD will approve all Shoreline Improvements existing as of March 26, 2019, regardless whether EVMWD believes such Shoreline Improvements are permissible under the Lake Lease.
  3. Going forward, Shoreline Owners will need approval from both CLPOA and EVMWD to make any “Material Change or Construction of New Shoreline Improvement,” (as that term is defined in the Settlement) and to execute a “License Agreement” (the form of which is attached to the Settlement) to be recorded against the requesting Shoreline Owner’s property, as originally intended by the Lake Lease.
  4. CLPOA and EVMWD agree to dismiss all claims against each other in this action, pursuant to a mutual release and waiver of CC § 1542.
  5. CLPOA and EVMWD to bear their own costs relative to this action.
  6. CLPOA and EVMWD agree the boundary of the real property leased by CLPOA pursuant to the Lake Lease is as described in the survey, incorporated into the Settlement Agreement as Attachment 2.
  7. After judgment is entered in this matter, an abstract of judgment will be recorded against all Lakefront Lots. CLPOA and EVMWD will equally share the costs of recording such abstracts of judgment, so future purchasers have constructive notice of the Shoreline Improvements that have been approved by EVMWD pursuant to the Settlement, as well as the required process for future Shoreline Improvements.

View Amended Settlement Agreement

Lake Lease Page
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