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HomeMy WebLinkAboutContracts & Agreements_13-1953 4' STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS DISTRICT VIII P O BOX 231 SAN BERNARDINO CALIFORNIA November 4, J 93 PLEASE REFER TO FILE NP '�` '{7' '7 V llI-SBd-26-R1d V III-4902-B,c City of Redlands , c/o Mr Paul B. Wilson, City Attorney, V . L. Gregory Building, Redlands , California. Gentlemen: The amendment to right of way contract signed to you, covering your right of way transac- uion with the State of California, has now been approved and the original amendment is being returned to you for your files. Yours very truly, C. V . KANE District Engineer B Ri o�ayAgent et Encl. VII'-4902-B,C VIII-SBd-26-R1d 1 2 APZNDNLk,NT TO RIGHT OF WAY CC NTRACT S 4 WHEREAS, the CITY OF R MANDS, a municipal corporation, 5 and the STATE OF CALIFORNIA, acting by and through the Depart- 6 ment of Public '.'forks, Division of Highways, have hereto entered 7 into that certain Right of Way Contract dated June 2, 1953, e which sets forth the terms and conditions under which the 9 State acquired certain rights for State Highway purposes 10 described in Grant Deed VITT-4902-B,C; and 11 WHEREAS, Paragraph 3 of said Right of "'ay Contract provides as follows : "Yi thin one (1) year after approval of this Contract the State shall drill a well on grantor ' s remain- 14 ing property that will produce a quantity of water equal to, or greater than, that produced 15 by the existing well. Be it understood that the new well shall be drilled to a depth at least lg �+ equal to that of the existing well. The quantity of water produced by the old well and the new lq well shall be ascertained by the standard orifice test, and the grantor shall be supplied with full 18 copies of the results of said tests. A second standard orifice test shall be made no sooner than 19 eleven months nor no later than twelve months from the date of orifice test mentioned hereinabove. 20 The grantor shall be supplied with full copies of the result of said tests. 21 'j "ln the event the State drills one well to a 22 depth as deep, or deeper than the existing well and fails to produce a satisfactory water supply, the 23 State may, at its option, elect to use either or both of the following; alternatives 24 "A. Proceed with other attempts to produce a 25 satisfactory well on the grantor ' s remaining property. Z6 "B. Discontinue all further attempts to produce 27 water. Z8 "If the State within a reasonable period of time drills a new well or subsequent well which produces no water 29 or a lesser quantity of water than that from the existing well, and thereafter discontinues further 30 1 attempts to produce additional water, the State shall in that event reimburse the grantor for the 31 I loss or depreciation in .market value to his reinain- ing property resulting from the decreased quantity 1 "of water available. In the event that the amount of such loss or depreciation in the market value cannot be determined by negotia- tions between grantor and State, then State will on written notice .from the grantor, bring appropriate legal proceedings for the purpose 4 of ascertaining the same, and will pay the amount ascertained thereby, together with the b grantor 's legal costs in such proceedings. "In the event the State drills a well or wells that produce the required volume of water, but 7 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 grantor for such loss in the manner provided for in the paragraph next above. " 10 and; I1 'ffiEREAS, at the time of entering into said. Right of 1z Way Contract, it was the intent and understanding of the parties 13 thereto that as a part of the State 's well drilling obligation 14 as referred to hereinabove, that the State should: 1.5 1. Dove, install, and reconnect the existing pumping 18 equipDment now located in the existing well located right of 17 approximate State Hii ghtiva;;r H:ngineer ' s Station 528+48.56 in the 18 well to be drilled as referred to hereinabove. 19 2. Connect the pipe line now serving the existing Zo I well to the new well. 3. Extend and connect electrical service serving existing well to the new well. However, through mistake and inadvertence, said Contract Z4 did not provide for the three items referred to hereinabove and; 5 V4Hi.T+' EEAS, by reason of the foregoing, it is now the desire of the parties hereto to amend said Right of Nay Contract ; ?_7 NOW, THEREFORE, it is agreed by and between the parties Z8 hereto as follows : zo That said Paragraph 3 of the Right of `Vay Contract above o quoted shall have added to it the following: 31 1. T.�ove, install, and reconnect the existing pumping 1 I equipment now located in the existing well located right of i i ' approximate State Highway Engineer ' s Station 528+48.56 in ff the well to be drilled as referred to hereinabove. f 4 ! 2. Connect the pipe line now serving the existing a well to the new well. 6 3. Extend and connect electrical service serving 7 + existing well to the .new well. 6- f All other terms and conditions of the Right of Way 9- Contract remain unchanged. lq IN WITNESS WHEREOF, the parties hereto have executed 11 this A'fiEhTDr,IENT TO RIGHT OF WAY CONTRACT this 1st day 12 of September 19 �3... �3 14 f ' CITY OF REDLANDS, 16 L/fF A MUNICIPAL CORPORATION � 16 Mayor 1.7 By 18 ' RECOMMENDED FOR APPROVAL: Grantor 19 � J Right of Way Agent � STATE OF CALIFORNIA 21 DEPARTMENT OF PUBLIC WORKS R;i /t;c ED FOR APPROVAL: DIVISION OF HIGHWAYS 23 Dt Rightof Way By ZEfni 24Agent istreer Z5 xs 27 ZS Z9 30 Sl 3 - RESOLVED by the City Council of the City of Redlands , that the within and foregoing A1,1ENDMENT TO RIGHT OF WAY CONTRACT (VIII--4902-B,C VIII-SBd-26--Rld) dated September lst, 1953 , by and between the CITY OF REDLANDS, a municipal corporation, and the STATE OF CALIFORNIA. acting by and through the Department of Public Works, Division of Highway, BE AND THE SAME IS HEREBY APPROVED , and BE IT FURTHER RESOLVED AND ORDERED that the Mayor and the City Clem of the City of Redlands, be and they are hereby authorized, empowered and directed to execute said AMENDMENT ENT TO RIGHT OF STAY CONTRACT on behalf of the said City of Redlands. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ss. CITY OF REDLANDS ) I H.R.14HA.LEY, City Clerk of the City of Redlands, DO HEREBY CERTI, f that the foregoing resolution was duly adopted by the City Gouncxl of said City at a regular meeting of said City Council held on the 1st day of September, 1953 , and that it was adopted by the following vote: .AYES, Councilmen Van Diest, Putnam, Elkins, Anderson and Mayor Folki= NOES. None- ABSENT: oneABSENT: None City Clerk of the City of Redlands, California. STATE OF CALIFORNIA. } COUNTY OF SAN BERNARDINO } CITY OF REDLANDS. ) I H.R.14HALE'Y, City Clerk of the City of Redlands California, DO HERBY CERTIFY that the above and foregoing is a full true and correct copy of the Resolution approving the AMENDMENT T6 RIGHT OF WAY CONTRACT, and the same has not been amended or modified or repealed. Dated- October 5th, 1953. City Clerk of the Ci y of Redlands., California.