HomeMy WebLinkAboutContracts & Agreements_1-1930 ,oma,
This agreement made and entered a
' � into this �p --
� ,�, day of ��LC� , 19� O b
--�.� Y end between the City of
Redlands, a municipal corporation of the sixth classy Party
G Of the first part, and J. Pierce and Ti rbara
"' • , Pierce, his wife ' S
9 part�,es of the second part, 1'lxTNE;,�ETH;
�^,'here��s, the parties of the second
avmers of that part; are the
certain real property situate in San Ber-
g nardino County. California and particularly
Y described as
Lands Lots one
Affected two ((1) , 2
) and three (3), Block 6 and Lot
six (6) , Block 31 of the Crafton Tract;
as per plat thereof
of record in the office of the County Recorder
Bernardino County. of said Sari
And Whereas, about eighteen acres of the said re
Property for man p'' �'
_ Y Years Past h,.is been supplied With irriga-
tion and domestic -water-taken Prom -tilat- ce
main stream kriO4m
as the M1z,il Creek Zama
, , the taking of such water for irria-
tion and for domestic
Purposes g
from ,he said Zama having
continued for a sufficient length of time an
d with notice to
the owners of the water flowin,
a in the said Zanja and adverse-
ly to their rights, so that the said second partie
their predecessors in interest, have �' a certain s, through
� wined pre-
scriptive right sufficient that they are now at all times
entitled to a certain
proportion of the coater flowing in said
Zanj a, and;
Recognition Wkiereas, said right ht has beco;ne to be and is Waco rec-
of Rights
g
ognized by the ovrners r)f, _,..+..._
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hereby defined as the one--fiftieth
pact of a cubic foot
per second, constant flow) such quant Lty of water being
sufficient to furnish all of the irr�gration and domestic
water required upon about eighteen acxes of the real
property hereinbefore describeu, and; ! a
Water I",'hereas, the City of
RtghtS Redlunds, by purchase, has ac-
Affected quired and now ovrns approximately ninety (90) hours of the
one hundred twenty (120) hours of the flow of said dill
'Creek, which, for the past several years have flowed through
said Mi11 Creek Zanja, the said 120 hoars being the water
right Which is chargeable with the irrLgation and domestic
right of second parties, and;
Yhereas, the City of Redlands and remaining owners
in the said Mill Creek Zama who have been accustomed to take
delivery of their Water through the said rill Creek Zanja,
-are desirous of discontinuing-the -use-cf_the-said Mill Creek
Zama 2s a delivery ditch for such irrigation, water a.nd are
intending to aivert the water through the irrigation system
of the Crafton Water Company and throu91i the lines ofthe
City of Redlands and other parties, and,
}iscontin- Whereas, it has become necessary,
lance of Y, in order to mage
ansa such diversion and to discontinue the u,,e of the said Mill
Creek Zama, for the City of Redlands azld the other Owners
in the said hill Creek Zama (other than, the Crafton Water
Company, which Company owns approximately one-half of the
Yvater and water rights in the said will Creek Zan,ja) to Mak.e
some settlement or adjustment with the second parties herein
iii order that the second parties may not be deprived of their
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Vhereas, the saa.d sccond parties are willing, anon
a satisfactoryT
r(d�ustrr�ent beim, made, to relinquish, quit--
claim, surrender and transfer all of their rights to divert
any water from aaid Zanja for irrigation and domestic pur-
poses. `
;'uantity ,
of irater Now Therefore, this agreement Witnesseth:
1.. That the party of the first part, in consideration
of second parties relinquishing, quitcLaiming, surrendering
and transfering all of their rights to divert any ,>ater from
said Zanja for irrigation an domestic purposes, and in
consideration of the payment of one do] lar ( x1.00) by each
Party to the other, the receipt of all of said consideration
being hereby a.clMoliledged, does hereby covenant and agree
with the said second parties to pezpett,ally deliver to said
second parties for use for irrigation Gnd domestic purposes,
end ti,,ithout cost to second party es, a- stream of water equiva-
lent to 300 ruiners inches of vlater for each thirty day
period throughout each and every year hereafter occurring,
Subject to the terr4s, reservations and conditions nerein-
'.fter contained.
`iedule, and 2. The szid second parties shall have the right to flake
.livery
said irrigation water in delivery heads of whatever quantity
of water they may desire during e,nck' thirty day period, but
the second parties shall, not later than the first day of
Janu6ry each year, notify the Tater Dep,?rtment of the City
of Redlands as to the irrigation heads desired by second
parties through the irrigation season then commencing, brut
second parties may, if they so desire, can ten days ' notice
to first party, prior to she beginning of any irrigation
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Period of thirty days., demand of first party a change of
the delivery head of water desired during the succeeding
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irrigation periods. This requirement of notice of change
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of delivery heads is made by first party in order that it
may arrange its other irrigating schedules and require-
ments for delivery of water to fit in with the requirements
of second parties.
Delivery 3. First
Point Party further covenants arid agrees with second
parties to deliver said water at the nigh point on the east
line of second parties' property hereinbefore described,
or at such other point on the east line of said property
as may be hereafter mutually agreed upon.
No
Cumulation 4. Subject to the
provisions hereinafter contained, there
shall never be any right of cumulation of said water from
one thirty day irrigation period to ,anJ other-thirty day
irrigation period, to th end that unless there is a
failure on the part of first party to deliver the water to
second parties for any one of the reasons hereinafter stated,
the second parties shall take their full. 300 miners inches
each thirty day irrigation period. 'eit is provided hozever,
that should the first party fail or neg_fect or be unable
for a period of time to make such delivery, then the second
a
parties, upon the re-establishment of the delivery system
of first party, shall be entitled, should they so desire,
to the delivery of the Mater that has not been delivered
through such fault of the first party. Such delivery to be
maintained in convenient irri tion heads and in a `
g" quantity
.. sufficient to enable second parties to make reasonable use
thereof ti-vithout waste and Without damage to the property
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being irrigated,.�lrTo the extent above set fort, irrigation
water not delivered in one thirty day irrigation period
may be carried forward to the succeeding irrigation period,
r but not otherwise.
Sus ension It is further provided that in the event of stares
of Belivery,
accidents 9
etc.� washouts, earthquakes or any other unforseen contingencies
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over which first party has no control taking place, which
result in damage to first party' s delLvery system, or in
1
the inability of first party to deliv,3r water at the point
of intake herein referred to for any reason beyond the con-
trol of first party,, or in the event of shortage of power
for pumping purposes, any of which events at any time inter-
fere Frith, hinder or stop the delivery of water hereunder
temporarily, first pErty shall not be held responsible or
liable for the non-delivery of water cin schedule time as
} herein specified, nor shall first party be held
' Y liable or
responsible for accident, labor strikes, walkouts, break-
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down, breakage, sanding of wells or any other unforseen
condition resulting in inability of first party to make
delivery of water hereunder on schedule time, but first
Party shall, no matter what may be the cause of such inter-
k ference with the delivery of water, with due diligence
endeavor to repair the damage and/to re-establish such
delivery. In the event of delivery of water ceasing here-
under for some unforseen cause over wh tch first party has
' no control, the schedules of delivery under which second,
t parties are receiving water shall ,be deviated from to the
extent that the delivery heads shall bE' increased in a
sufficient quantity to make up to second parties during
that or the succeeding thirty day irrigation period, the
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1 �xo'j,Y h'I cif t♦l 11 1• r i ., Y Yr tj '7 1. �'r. k1�1 AI; 5 r 5� .In"• +.w� 1 5 1 r L 1 .''f 1 1 1 1 i ♦ i
fFi.V,tt L1 y11♦11r ttnl ,:kt J1 ,y �L. }fit ' L .! r • 1P �, ♦
hiKt,k „_ !tk r
;� C L,Vr� r •�Mk .,�
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water of which there has been non-deljvery during such
cessation,K�,but no liability or respon.,ibility shall rest
on first party for any cessation of dflivery of water here-
under where such cessation has been cGused by some inter-
ference with the production or delivery system of first
party which is beyond the control Of first party, but
first party may become liable for failure to use reasonable
diligence to re-establish such production
and delivery
system and to re-commence the delivery of water to second
parties.
5. First party covenants and agrees to make such del-
iveries of irrigation water to second parties at all times
as ordered by the second parties, provided such orders are
given in the manner and at the times hereinbefore provided,
but should second parties fail or neglect to notify first
party of their desires as to the delivery of the water,
then first party shall deliver said -�\ater to second parties
in a constant flow of Oren miners inches each and every day
of each and every thirty day irrigation period.
Any Avail-
able Water First party reserves the right to Furnish said water
from any available water which it may h�Lve or iihrch may notir
or hereafter be at its disposal and only covenants and agrees
,that said water shall be reasonable free from detritus and
Shall be suitable for irrigation purposes, but does not agree
to furnish water sufficiently pure for drinking or household
Purposes.
inJunction, 6. Should the
Etc. City of Redlands, first party herein, 'by
rinal , Judgment or decree of court, be enjoined from deliver-
Ing wager t/second party under this contract, or should this
contract by such court be held invalid oz non-enforceable,
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�'.yk Y•i�Si.\,,, �^.� \.,,r+' < -S'l, Mr'h +a'�v.y ;i y y _ .. _-..._.�__
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then first party ogall t.roa. ,;cr a4a convc ;1 to second paitles
sufficient w ter and water r1uhts in the All Cxeck stxcam
to enable pecona partics to secure thc'reZron delivery of
wa,tex in the quantity that 10A party has herein agreed to
4deliver to second pasties. Upon zuch txaisfer from first
norty to ,aeon d w rtic•s rrin� vnde , a12 rinhtr , autic„ rind
obli,ations under this contract shallcnaso and tcroinate
and first party shall be under no obll;at ,on to the secona
parties.
Po Linbii- It Is further mutually covenantee' aro aSxeea oy and
ity for
Dai„c�.�CS c'etyeen toe �a,xtics hoieto that there shall be no liability
on first party z or danaLos at any t iic for failure to del lti C1
Eater under this contract unen cuch aallure axisco flo'1 or
is tho result OC an 010Cr Of cOWA of co jetcnt jurisuic-
tlon rostra i ,iAL Sac'h aelivoly "y 11rct, pawt,y to sccand wi ti,c•s .
U�t, io`1 Kcovid Parties; i” code iaelat ion of tae premises and the
co�c:aC.1't0 anc "_t•Lrec, lents ncl.eln 00a.i Cisco ' 0 ! L %op t c.aa &'r-
foi.'led wy first var4y , Go hcaeby a—tean to f Irst )axt,y tpC
o;.`.i,l ill 10 1'11'CCI'" t?C v a " r1_11t a l'1 C'ln ` YMA0 C1 to c CC'3A
Mtips -y flr,t PWAY at MY AMC . thin ten yc ;.1s iro,., vote
11 f:1erJ
at Au thevi u1not 'y Y 4 Ji :c iG % drier 410 latex 11-K .
77othlaL in this c"....LrveAent ;ha ll .0 construed DS 0 t a3.`rc'1 ,
v mon of
{;halts tignsfer or relcese of such rights as the f econd parties nay
have for tale m intencanoe of said Zanja in its present course
tLwouLh QP pi iyeri ; Df accond w:XticCi Cnc to hwoe toe vViCUTC
aloe tho _.:A" tier cJ1 cc i ro , t, . Sort of - c tel.
fly ink•, 1n t ne said Z nj , vol ck.,13 t} 1F a.�ree"Ent aor a-y_
C ugto 1lC^.nt , nkTa se or vora=_ thexc in sound oe vonwt r;c, as a
aecoLllttiorw! alst party ny U_ ctxl.i • r of a ,^onc n:xt _rr1
zor 'n as .a solo" ta' s t secuso Cartiuvocve aly _ I,hts : nat oevoi
in .lee said RQP othci that -he 11' "t to 0 1 dart lrrl_:`L=Cn r:l.0
CiOt.,c.'C� �,il: l.o.Lc;r t,i.rit•ira„t .
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This agreeocat cl,iiF C'l'( 1' +"0'1�3.i,i1� r > I '�
t C.�, Cin contained to
uO poxformed OY first and second parties cespectIvely ale ex_
s+` prescl.y made for the benefit of and shall Inure to the be
nef it
of ana be binding; upon the successors and aeslors of fa,xst
;party and. to -� A ANl
and upon the heirs, ar ,�rnista�,tors, exeCutors,
yI� at r lr
f „s
.:' successo�. s and o,,;;iyn, of ;second uerty.
!
In Witness Whereof , the duly qua.l if ic3 officers of first , —,-;
party thexcunto duly authorized by piopex vesoluLloris of its
City Council , have hexeunto set their hands and coals and the
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second parties have hereunto subsci r.bed their names the day
and year first herein written.
City OC Fedlomds
Y
payer of ti e City of Redlands.
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At u l'.',c t .
City Clork.
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STATE OF CAL IFORM11 ,
County of San Bernardino. SS,
On this 18th day of Parch, 1930, befox e me
a Notary Public in and for said Count
Vvheaton, knovrn to me to be the Mayor of ��c sCity of onalry aRecl�ands,l�nd ""
C• P• Hook, knoirn to me to be the Cid,
municipal corporation described in and that lexecuted the id yforegoia
instrument and also knocrn to me to be the persons who executed
the same on behalf of said municipal corporation and they acknonled
• to me that such corporation executed the sane. g
Witness my hand and Offzc ral seal .
4 ,
Not"17 Public An grid for/ he County of
San Bernardinq State; of California
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tr' '{ j ''f' : L I F'1 ' ,,'' • i r 1 S a i J ,
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Red ands, Calxfornim.
February l0, 19o3.
FOR VATTNEI RnC';IVyD, are hereby a.ssie-n all ou_ richt, title and
interest in encs to tl e within a{froement to 114 L. Putnam urld
Elizabeth R. i'iitnam, husbeaid and wifo, as jo nt tChelity ti>>ith
night of survivorship.
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Rail�ni •, GalLforn�.a n
qty 3, '437
FOR Vr�LU �C ;C`! 0, to har.lby r_y ,zr;11 all our right, titL^ ii;ii
tntore,)t in atn:f to t,10ithan a5raelnent to J Amo 1 a. RIM en ,nri
.rla'Ha R '7arreri, his vif e.
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