HomeMy WebLinkAboutContracts & Agreements_5-1968Fwr--bra
Southern California Edison Company
P.O.Box 1029, San Bernardino, California 92403 - TR 5-5100, Ext. 327
RIGHT OF WAY AND LAND DEPT.
P. 0PAGE°°K M FHAG ER January f0, 1968
San Bernardino Valley Water Conservation
District Public Agency, and
City of Redlands
303 Brookside Avenue
Redlands, California 92373
Subject; Mill Creek Canyon Lands
License for Spreading waters of
Mill Creek Canyon
Serial No. 29480-A
Gentlemen:
The subject Agreement has been prepared at your request.
Both original and duplicate should be signed on the lines
indicated, and the Vault Copy returned as soon as possible.
You may retain the Original since agreement has been approved
and fully executed by our Management.
Your check in the amount of $10.00, received October 5,
1967, has been credited to your account.
Also, please remit a Certificate of Insurance (see page
41, Paragraph 7 of License) naming Southern California Edison
Company as additional insured under your Policy, in the
amounts specified.
Thank you.
Yours very truly,
Orman �F. White
Right of Way Agent
NW: GB
Attach. 2
1 LICENSE
2
3 THIS AGREEMENT, made and entered into as of the 15th
4 day of September, 1967, by and between SOUTHERN CALIFORNIA EDISO '
5 COMPANY, a corporation organized under the laws of the State of
6 California, party of the first part, hereinafter called the
7 "Licensor", and SAN BERNARDINO VALLEY WATER CONSERVATION DISTRIC
8 PUBLIC AGENCY and CITY OF REDLANDS , a municipal corporation,
9 parties of the second part, hereinafter called the "Licensees';
10 W I T N E S S E T H
11 That the Licensor, for and in consideration of the
Es
12 faithful performance by the Licensee of the terms , covenants and
13 agreements hereinafter set forth to be kept and performed by the
14 Licensee, does hereby give to the Licensee the license to use
\i5 1
that certain real property hereinafter described, for the tetiii of
16 five (5) years , commencing on the 15th day of September, 1967,
17 and ending on the 14th day of September, 1972, unless sooner
18 terminated as herein provided, solely for the purposes here-
� R;
U 19 inafter specified, upon and subject to the reservations, terius,
a
20 covenants and conditions hereinafter set forth.
21 Tne real property hereinabove referred to is located
22 in the County of San Bernardino, State of California, and is
23 described as follows , to wit:
24 Parcel 1:
25 The West half of Section 13, Township 1 South,
Range 2 West, S. B. B. and M.
26
EXCEPTING THEREFROM that portion thereof
27 ! described in that certain Corporation Grant Deed from
Southern California Edison Company, Ltd. , to the
28 United Stares of America, dated August 23 , 1938, and
recorded November 4, 1938, in Book 1317 , page 38, of
----+ 29 Official Records, in the office of the County Recorder
of said County.
30
ALSO EXCEPTLNG THEREFROM that portion described
31 in the Grant Deed from Southern California Edison
32 Company to the County of San Betiiardino, dated
January 23, 1959, and recorded March 12, 1959, in
s P k '; ':7
�:h WYL1 4�'=a�a
1 Book 6-727 , page 284, of Official Records , in the
office of said County Recorder.
2
ALSO EXCEPTING THEREFROM that portion described
3 in the Grant Deed from Southern California Edison
Company to County of San Bernardino, dated August 6 ,
4 1958, and recorded September 2 , 1958, in Book 4592 ,
page 537, of Official Records, in the office of said
5 County Recorder.
6 Parcel 2 :
7 That portion of the Southeast quarter of the
Northeast quarter of Section 14, Township 1 South,
8 Range 2 West, S. B. B. and M. , which lies South of the
bank of Mill Creek Wash, containing 12 acres of land,
9 more or less ; being the land described in Paragraph 5 ,
in the deed from Redlands Electric Light and Power
10 Company to the Edison Electric Company, dated
August 26 , 1902, and recorded in Book 316 , page 394,
11 of Deeds, in the office of the County Recorder of said
County.
12
Parcel 3 :
13
That portion of the Southwest quarter of said
14 Section 14, described in Paragraph 1(e) of said deed
from Redlands Electric Light and Power Company.
15
Parcel 4.
16
The Northeast quarter of the Southeast quarter of
17 said Section 14.
18 Parcel 5 :
19 That portion of the West half of the East half of
said Section 14, described in Paragraph LL of said deed
20 from Redlands Electric Light and Power Company.
21 This agreement is Subject To the following.
22 1. A pole line easement over and across the
South half of the Northwest quarter of the Southwest
23 quarter of said Section 13, granted to Southern
Sierras Power Company from Southern California Edison
24 Company by instrument dated June 25 , 1921, and
recorded in Book 725, page 101, of Deeds , in the
25 office of the County Recorder of said County.
26 2. A license for a water pipe line and storage
tank over Southern California Edison Company' s lands
27 in said Section 13 , granted to the United States of
America by instrument dated November 2, 1939.
28
3. A license to construct and maintain one
29 directional sign in the South half of the Southwest
quarter of the Southwest quarter of said Section 13,
30 granted to Dolly Varden Angling Club by instrument
dated November 15 , 1951.
31
4. An agreement for a water well, pipe line,
32 etc. , over a portion of the Southwest quarter of said
-2-
m �
•
1 Section 14, between East Highland Orange Company and
Southern California Edison Company, dated December 19,
2 1961.
3 5. A license for grazing purposes over the
hereinbefore mentioned Parcels 1, 2 , 3, 4 and 5
4 granted to Robert Garcia from Southern California
Edison Company by instrument dated May 15 , 1960.
5
6 . A license for telephone facilities over
6 Southern California Edison Company' s land granted to
California Water and Telephone Company by instrument
7 dated May 17, 1960.
8 1, Tfte Licensee agrees to pay to the Licensor the
9 sum of Fifty Dollars ($50.00) upon the execution and delivery
10 of this license, to reimburse the Licensor for the cost of
11 preparing and executing this license, and for supervision
12 incidental thereto.
13 2. The Licensee agrees to use the above described
14 premises for water spreading purposes only.
15 3 . This license is made subject to conditions,
16 restrictions, reservations, exceptions, encumbrances , rights
17 and easements affecting the above described property, whether
18 of record or not, including but not limited to those herein
19 referred to.
20 4. The Licensor reserves for itself, its successors
21 and assigns , the right to construct, maintain, operate, repair,
22 replace and/or inspect, upon, over and in said property,
23 transmission lines for electric energy, telephone lines and/or
24 pipe lines, together with appurtenant structures, and the right
25 to construct, maintain and use roads across said property, and
26 the right to use said property, or any portion thereof, for any
27 purpose that said Licensor may desire in connection with its
28 business, together with the right to enter upon said premises ,
29 or any portion thereof, at all times , for any or all of the
30 € above mentioned purposes, all of which rights may be exercised
31 without the payment of any compensation or damages whatsoever
32 for destruction of or damage to crops or other property on the
-3-
1 above described land, resulting from the exercise of said
2 rights , or any thereof.
3 5. This license is personal to the Licensee, and the
4 Licensee shall not assign or transfer this license or any priv-
5 ilege thereunder, in whole or in part, and any attempt so to do
6 shall be void and shall confer no right on any third party.
7 6 . The Licensee hereby agrees to save haxulless and
8 indemnify the Licensor, its officers , agents and employees , and
9 its successors and assigns , from and against all claims , loss,
10 damage, actions, causes of action, expense and/or liability
11 resulting in any manner whatsoever, directly or indirectly, by
12 reason of this license or the use or occupancy of said premises
13 by the Licensee or any person claiming under him.
14 7. Licensee agrees to secure and maintain comprehen-
15 sive public liability insurance in the amount of $50,000/$100,000
16 for bodily injury liability and $50,000 property damage liability
17 covering Licensee' s use of said premises, and the name of
18 Licensor shall be added to such policy as an additional insured.
19 8. The Licensee further agrees that he will not
20 erect, place or maintain on said property any building or
21 structure of any kind or store any crops thereon; that he will
22 not commit any waste or damage, nor suffer any to be done, that
23 he will guard against and will not permit nor suffer any fire
24 upon said property; that the use of said property under this
25 license shall be subject to and shall not interfere with the
26 construction, operation, presence and/or maintenance by the
27 Licensor, its successors or assigns, of electric transmission
28 lines and appurtenant structures over and upon the aforesaid
29 property, that he will obey all laws, ordinances , rules and
30 regulations applicable to the care or use of said premises.
31 9. The Licensor shall have the right, at its option,
32 to fence said property, or any portion thereof, in which event
11
a it shall provide one or more suitable gates to afford the
2 Licensee access to and egress from the aforesaid premises.
3 10. The Licensee shall not install, operate or maintain
4 or cause or permit to be installed, operated or maintained any
5 electrically charged fence on the said premises. Should the
6 Licensee desire to install any fence on said premises , he shall
7 obtain the prior written approval of Licensor thereto.
8 11. This license is given pursuant to the authority
9 of and upon and subject to the conditions prescribed by General
10 Order No. 69-B of the Public Utilities Commission of the State
11 of California, dated and effective September 10, 1963, which
12 General Order No. 69-B, by this reference, is hereby incorporates
13 herein and made a part hereof. In pursuance of the provisions
14 of General Order No. 69-B of the Public Utilities Commission of
15 the State of California hereinabove referred to, this license
16 is made conditional upon the right of the Licensor, either upon
17 order of said Commission or upon Licensor' s own motion to
18 commence or resume the use of the above described property at
19
any time, whenever, in the interests of Licensors service to
20 its patrons or consumers, it shall appear necessary or desirable
21 so to do. It is hereby expressly understood and agreed that the
22 Licensor, its successors or assigns, shall have the right to
23 terminate this license as in this paragraph provided, without
24 the payment of any compensation or damages whatsoever for
25 destruction of or damage to crops or other property on the above
26 described land, resulting from the exercise of said right of
27f termination and re-entry upon said land.
28 12 . No termination or cancellation hereof shall release
29 the Licensee from any liability or obligation (whether of
30 indemnity or otherwise) which may have attached or accrued
31 previous to or which may be accruing at the time of such
32 termination or cancellation.
-5-
1 13. It is further agreed that if the Licensee sham.
2 retain possession of said premises beyond said term, or any
3 renewal or extension thereof, with the consent, express or
4 implied, of the Licensor, such holding over may be terminated
5 by the Licensor at any time by giving to the Licensee thirty (30
6 days previous notice in writing for that purpose, and shall be
7 subject otherwise to'all of the terms, covenants and conditions
8 of this license, and the Licensee shall pay for such license
9 during any such holding over, at the rate specified in paragraph
10 l hereof.
11 14. Licensee agrees to pay all costs and expenses,
12� including reasonable attorneys' fees, of any action commenced
13 by the Licensor to enforce the covenants and conditions of this
14 license to be kept or performed by the Licensee whether such
15 action progresses to judgment or not.
16 15. if the Licensee shall make default in the perform -I''
17 ante of any agreement by hint required to be performed, said
18 Licensor may, without notice or demand, enter upon said premises,
19 and terminate this license and remove all persons and property
20 therefrom, and all improvements made thereon and all moneys
21 theretofore paid by the Licensee to the Licensor shall be for-
22 feited as liquidated damages, without prejudice to any remedy
23 which might otherwise be resorted to or used for any preceding
24 breach of any agreement set forth in this instrument.
25 1.6. Upon the termination of this license by the expira.
26 ti.on of the terra thereof or otherwise, the Licensee agrees to
27 peaceably quit and surrender the premises to the Licensor in
28 good order and condition. Any and all property of whatsoever
29 kind or character reFna.i.ning upon the above described land upon
30 the expiration or sooner termination of -this license shall.
311 thereupon be and become the property of the Licensor, but this
321 shall not prevent the Licensor from requiring the Licensee to
t
1 remove, at Licensee's expense, any and all property placed upon
2 said land by the Licensee, which the Licensor may desire removed
3 from said land.
4 17. The term "Licensee" wherever used in this
5 instrument shall be construed to include the plural as well as
6 the singular number, and the words "he", "his" or "him" wherever
7 used in this instrument shall be construed to include also the
8 feminine or neuter gender as the case may be. In the event that
9 the Licensee herein embraces two or more persons or corporations
10 all the covenants and agreements of the Licensee herein shall be
11 the joint and several covenants and agreements of such persons
12 or corporations.
13i IN WITNESS WHEREOF, the parties hereto have caused
14 this instrument to be executed in duplicate as of the day and
15 year herein first above written.
j 16 SOUTHERN CALIFORNIA EDISON COMPANY
17 7
18 i �y' �_; ' ", Bye17: f ! f _= J
1 Vice Pre/s dent
19 fr .
By
20 �� " Assisi ecrecary
21 LICENSOR
22
23 SAN BERNARDINO VALLEY WATER
CONSERVATION DISTRICT PUBLIC AGENCY
24 1
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25 By✓�`C` �..-L ,,' ._ rr r, % _`9 " i�
?resident
26f `a /
27 By
26 Secretary
CITY OF REDLANDS
29
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30 By �.`/ �[�_/ ! )r' i�L L, -p ";!
i' Mayor
31
32 Attest Clerk
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