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.
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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.