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HomeMy WebLinkAboutDeeds & Easements_18-1953E FORM R W I California ACCT DIST COUNTY ROUTE SECTION ALLOT 111 Zi 2-6 8.15 535+05- Stan— I' 0�' N1 Side of Highway Grantor— RIGHT OF 'W'AY CONTRACT—STATE HIGHWAY Document No. ° ' '- —_in the form of a_.-_ Grant e _-- -- — w_-- - - -- _-- covering the following described property - Those Lots 3 and 16 In Blook I according to Map No, 2 of a portion of RpedlvrAs Heights, as per plat recorded In Book, 6 of Maps� page 36; and that portion of Block 40t Redlands Heit,h'tz h recorded and in San Bernardini; `,. State of Californiav and more particularly described in Grant Deed . ; has been executed and delivered to_ Right of Way Agent of the State of California In consideration of which, and the ocher considerations heremafter.set forth;it is mu tually.;agreed,as=follows: 1 The parties have herein set forth the whole of their agreement The performance of this agreement constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement, 2 The State shall- A. Pay the undersigaed, grantorthe the property as conveyed by Grant Deed No. 4902-BpC Within sdxty (60) days after date title to said property vestz In, or Is in escrow for, the 13tategand clear of all Uenz, encumbrances, assessments, (recordeda corgi Taxes not due or delinquent at time of r000rding Grant Deed. 2) Resorn re reservoir, pipe liqeso etc* , as contained In d to Redlands Water CompaMi recorded in Book 5239 page 375 of Dewier records of said Countyo € ditches or pipes% as granted to Redlands ter GompaW by deeidsreaord�d in Book 28, page 23,11 and Book 29,) page 650 both In Deeds, records of said County. ( for .pipo lines aS set Out in .Agreement between Uward 0. Judson and F� B* Brown with and Crafton Domestic Water p � recorded in Book "J" of Agreemants� acards of said County. Right of way for aanajz7 Map of, Redlands fights t No, 8 recorded in hook 91 page or MaP8� cords of 8aiA County. �. -rr- .1.. q I:�::r. Sffeat of .11 a of Redlands certified copy of which was recorded In Book 1231 page 286 of Official . . Recordst records of said 60untY. (7) lUght of way for electric power in granted to Southern Edison Canpanyq Ltd, 9 by m..: .,, Ins eco page 211t w official Rcords sat . This transaction will d throuyh an escrow with the Pioneer Title Insurance and Trust Company of San Bernardinog Califon der its Order Noo, 2 B. pay all escrow d reoording fees laciirredtrap - o title insurance is desired by the Stateg the pr6zium charged therefor� , d documentary stamp taxv required*If . 0 i year after approval of tela contract the State shall drill a well on grai,,,tor'sin rod . prodtico '.a quji%tity df vtter equal to, or greater thwal that produced ,t ,; ,. Be It erg quanti,ty of titer produced by the old well and the new Well the: rifle .� � � ,. & 11 be supplied copy standard orifice test shall be made no sooner than months, nor no later than twelve months from the date of orifleetest bore d hereinabove. The grantor shill be sVplied with full poples of thO salt of said tests, In the event the Staterills one well deep or deeper Umn the eve a.il tip tri ter Six to ,.: tj d �' � ;,� ,,. .. . Of th6 collo rig Pro 7other attempta U. Prodace well on the gator' s remaining property. B. Discontinue all further attempts to producegrater. water than that from the existing; well, and thereafter discontinues further attempts to produce additional watery the State shall in that event reimburse the >.ra ntor for the loss or depreciation in market value to his remaining property resulting from the decreased quantity of 'ranter available. In the event that the amount of such loss or depreciation in the market value cannot be determined by negotiations between grantor and State, then Mate will on written notice from the grantor, bring appropriate legal proceedings for the purpose of ascertaining the same$ and will pay the amount ascertained thereby, together with the grantor ' s legal costs in such proceedings. In the event the .tate drills a well or wells that produce 'uJie required volume of watery but are so located or so numerous as to result in a measureable loss or depreciation in market value to his remaining property, then the State shall reimburse the granter for such loss in the manner provided for in the paragraph next above. 4. The ::state shell upon construction of the expressways at Mate OlWkise construct a gate Mi in width to be located along the southerly right of way line and so Chet the easterly and of same will be loc�jted at `station 528+48.56. The State consents that said gate be opened only for the purpose of accommodating the movement of well and maintenance equipment and crewsi and for no other purpose, and grantor City agrees that it will open gate for no other purpose. At all times , except when necessarily opened for the above pur-pose the gate Shall be inept closed and locked by grantor City. If the gate is opened for any other purpose than above .stated, the consent above given will be revoked and the State may permanently lock the gate or erect a solid barrier across same. It is understood the State is acquiring the right of access across the location of said gate and that the limited permission above given to open said gate shall vest no property in this grzintor City. Inn WrrNEs3 WHEFLEOF, the parties have executed thisa reen Lhe ncf r' y 5. The State shall at part of the expressway construction construct a Pianat mix roadh to extroactend torindts rve fEntheeer's g Station 528+J8.56, said road 4p referred to in Grant Deed No. 902-BICE 6. It is further understood t2}>'t at the tine of entering into this contract, the highway pl4:ns are not sufficiently formulated to consider the method of handling if any ne�#d bei of a storm drain lying along the nor side of ttxe existing highway on grantor' s property; insofar as said channel m'ay be affected, if at all highway eoxzstruetion; nor does this contract cover grantor' s acne by hig y fj j,�;�. constructi �` facilities to be affected, if at all by Y provided for hereinabove. Lastly, it is understood that whatever construction reconstr.ictlonl relocation, or rehabilitation of such affected facilities if any, become pnecessary. art of the�highway contracn account of tpywand will donstructiony will �e Y g Contrast. be covered by SuDplementar Right of Way 7. It is further understood that the consideration set forth iwhich Paragraph 2-A hereinabcve covers payment for Quitclaim is also delivered heT-ewtth. lro Ubli,gatkon Other Than Those Set Forth Herein Will Be Recognized. 657 7066 67684 0.62 CaM C2)BPO Pe 00406" `' a*:' 'ire 1 v:� tcv :- /per y � 1 *.lR 0 V f..A4 Y 4�`3 4 IM TWA 34 livrm# (M r 3.01- ' $A: TOC%V V- lt$ -*AOL �` = on orvwv, tin v W. to ZIDW ; mac:���'�+�� {� Esq Q �" � .��, Vii► QCT. �1 5i _. -.r .i ``._. A- #r'. 'ti-J.. .S ?'1'T l ii 'ii"4 'tYY Y f- 7 '7FVG4�I 7-1 y t7� T, 11TTT1 S Tni n2 j p al r r corporation ,--- � �� mayor RESOLUTION NO. 735 RESOLVED by the City Council of the City of Redlands, that the within and foregoing Right of Way Contract, N:o. 4902-B,C. , dated June 2nd, 1953 , by and between the State of California, acting by and through the Department of Public Works, Division of Highways, and the City of Redlands, BE AND THE SAME IS HEREBY APPROVED, and BE IT FURTHER RESOLVED AND ORDERED that the payor and the City Clerk of the City of Redlands, be and they are hereby authorised, empowered and directed to execute said Right of Way Contract on: behalf of the said City of Redlands. STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF REDLANDS } I, H. R. WHALEY, City Clerk of the City of Redlands, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of said city at a regular meeting of said City Council held on the 2nd day of June, 1953 , and that it was adopted by the following vote- AYES- Councilmen Van Diest, Putnam, Elkins, Anderson and avor Folkins NOES . None ABSENT: None City Clerk of the City of Redlands, California. -l- 4902 B. C. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO } ss. CITY OF REDLANDS I, H. R. WHALEY, City Clerk of the City of Redlands, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 73$ and that the same has not been amended or repealed. Dated: June 2nd, 1953 . City Clerk of the pity of Redlands, California.