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HomeMy WebLinkAboutContracts & Agreements_31-1967_CCv0001.pdf R a a M S N T THIS A this '" day of 19670 by d between SOUTHERN 1 IA EDISON COMPANY, a corporation, hereinafter called " disontt, party of the first part', and the CITY OF REDLANDS, hereinafter called "Redl "s SILL CREEK 14ATZR USERS ASSOCIATION, hereinafter called "Aseociationtt, and. CRAFTON WATER COMPANY, ei ter called "Craf ton"t parties of that second part, W 1170tmTH a 11-- S, by an Indenture dated February 10 1596, recorded on June 18, 1506, in Book 257 of Deeds, Pada 46, Records of San Bernardino County, between the predecessors interest of Southern California adicn company and of all parties having an interest in the waters of X3.11 Creek below Mill Creek Powerhouse leo. 1, diaon was granted the richt to use the waters of mill Creek upon the condition,, among others, that said waters be conducted to the tailrace of said powerhouse and there delivered to said parties; and no WHEREASO since the date of said Indenture, the waters of Mill Creek, after passing through Mill Creek Powerhouse No. 1, have been m conveyed by Edison from tailrace said powerhouse thrCuLtCZ . pipe and a ditch located in Sections 14, 23 and. 22 of "Township 1 ,p "a South Range 2 West, S.H.B. & M. to a point in Section 22 approximately 300 fest southerly of the Northeast corner of said Section 220 except w � � for certain portions of said gators delivered to Redlands from said pipe at a point in Section 14 near the Southwest earner of said Section 14, all as shown on the map attached hereto maxked zxhibit ttAtt, a E �2- which map is by this reference hereby made a part hereof; d R , s, doubt exists as to the premise location f the point xt or points along said pipe and ditch where said waters are to be delivered and as a consequence, some doubt exists his to the obligations of the parties to convoy said waters and to maintain said pip* and ditch or portioas thereof; WHMZRASO the parties d+asirs, by this Agreement, to fix an exact location for, said point of delivery. it is mutually understood and agreed as follows 1. Edison agrees that the waters of Mill Crook which it diverts and es at said Mill Creek Powerhouse N4 i shall be conveyed by Edison o a pipe or pipes owned n ned by Edison to a point where the existing pipeline or lines cross the southerly line of Section 14, Township i South, Rang* 1 West, S.B.B. & M. , all as shown a map attached hereto marked Exhibit Itg f which map by this reference is made a part hereof. . The Association, Crafton and Redlands, and each of them,, hereby consent and agree to the establishment of said point of delivery and furtbot consent and agree that they will not cause the water surface in the Edison Mill Crook house No. i tail- race to s=eed an elevation of 2,399 feet mal and that they will provide a positive memo for Edison to drain said tailrace for maintenance to an elevation of 2,395 feet. . Redlands, Crafton and the Association, and each of them, hereby agree that P- son shall have no obligation to convey said d waters to Mill Crook beyond said point of delivery and that they, .W j. d each of them, do hereby agree to indemnify and hold Edison harm- less from any loss, damage, cost or eupense resulting from the establishment of said d po t of delivery d the fixing of the respective obligations to convey said waters of Mill Creek as hereinafter provided. 4. Edison agrees that it will convey to Redlands the fee title and all improvements on that portion of the Northeast one-qof Section 22, Township 1 South, Range 2 West, E.E.B. & H. , in the County of San Bernardino, State of California, as described wwo fully in the copy of the Grant Deed attached hereto marked Exhibit '1vt, which by this reference is made a part hereof. The Form of Grant Deed shall be the same as said lExhibit gt t:. S. Edison agrees to quitclaim to Redlands all of its right, title and interest in and to that portion of the existing water con. dui.t shown on Sxhibit "All as being within Section 23, IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in quadruplicate ori.gi.n is `"I F RED DS SOUTTITERN CALIFORNIA EDISON COMPANY Y 74 13Yf m payor Vice Presic' t° By city Clark s s cretar Y MILL, CREEK WATER USERS ASSOCIATION PARTY OF T' RS2 PART By CRAFTON WATER COMPANY ny Y4 PA SS OF �;'tOND PART . CONC. RAMP DOWN INTO BLDG -- @ CONC. HEADWALL fi ¢, 48" 0 IRON PIPE 3{J GATE VALVE , GATE -8' CHAIN LINK FENCE WITH CITY OF AEDLANDS 3 STRANDS OF BARS WIRE EXISTING 24"STEEL PIPE WATER SYSTEM TO BEREMOVED ry GATE f J-4 �',�� POINT OF NEW METHOD OF WATER DELIVERY WEST 300.00' _ %,- O/,(�4'. t + EXISTINd--WATER CONDUIT f { i —EXISTING WOOD COVERED FLUME � trw� fi t r t i 1 1 i i I F t _ CC O It t I J Z �I i1 it c I w f S' I i • � Cp { i I W I � ` t z { w i (1) { w f �`` a cr { EAST 300't I t i { I j,0, 2813 MII EX OF cc GATE--,4 ti ` 0 CONC. HEADWALL CONC. RAMP DCAWN INTO (tLDG. - O , 48711'} IRON PIPE GRAIN LINK FENCE WITH 3 STRANDS OF BARB WIRE GATE .�'i GATE *PpINT OF NEW METHOD OF WATER DEUVERY JVE ST 30aOO' -- 2)27 i +4 o 0 i r� T h C) z x + Ex EAST 300`± t J,O. 2813 MILL Cf SOUTHERN 114�A ER DEL AND CRAP GRANT DEED FOR A VALUABLE CONSIDERATIONS receipt of which is hereby acknowledged, SOUTHERN CALIFORNIA EDISON CMWANYg a corporation, hereby CRAFTS to CITY OF REDLAMS, a municipal corporation, that certain real property in the County of San Bernardino, State of Californias described as foll4nm i That portion of the Northeast quarter of the North- east quarter of Section 22, Township 1 South, Range 2 West, S. B. B. and M. & in said County and State, describe ad as follows, Beginning at the Northeast corner of said Section 22 thence West, along the North line of said Section 22, a listsuce of 300 feet; thence due South a distance of 300 feet; thence East to tho East line of said Section 22; thence North along said East litre to the Point of Beginning. EXCEPTIM AND RESERVIM unto the Creator herein, its r successors and assigns. all oil, gas, petroleum and other mineral or hydrocarbon substances in and under or which may be produced from said laird, together with the right to use only that portion of said land which underlies a plane parallel with and five hundred (500) feet below the present surface of said land for the purpose of prospect- i gg f+or, develop- extracting xtracting said oil, gas, pat• m h roleua and other anerol or hydrocarbon substances. ALSO EXCEPTING all waters in, or wader the lands herein conveyed and all riparian rights appurtenant to the lands conveyed and all other water rights appurtw enant thereto as reserved in the deeds to Edison Electric Cozpanyt dated August 30, 1905, recorded in Book 3600 o page 294 and dated August 26, 1905, recorded in Book 3150, .; page 295, both of Deeds in the office of the County Re- corder of said County. SUBJECT TO c9v*ntante,conditio�ns, restrictions, roserva- tions, rights and easements of record, including but not in limi- tation to the generalities of the foregoing, the fallowing, 1. An easawnt the the public over all streets and high- wrays. 2. Those certain rights granted to Menton Xrrigatiou Company for development of waster by Dead recorded in Book 78, past 253 of Deady in the office of the County Recorder of said County. ALSO SUBJECT TO, the real property tares for the fiscal year 19Q -1967a second installment. The real property hereby couveyed is not necessary or useful in the performance of the duties of said Southern Caaliforni,& Edison Company to the public. If ' ur Grant head -Southern Califor. z Edison. CoWarey, a corp. o e _ Cit g of Redlands, a w4nicipal corp. A Serial No. IN WITNESS WMEREOF, said Southern California Edison COW&ny has caused its corporate as= and seal to be affixed hereto sad this and this instrument to be executed by a Vice President and an Assis• taut Secretary, thereunto duly authorised, tt►is_ �Til day of� , , _ 1967. SOUTHERN CALIFORNIA EDISOM COWAMY, a c000rstion Vice ftqbt4ant By AssliymW secretary STATS OF CALMRNIA COt7N't.'Y OF ss. On this day of 1367, before gee, a Not Public rin aM r3r' said Coun and Statop personally appeared to ma, to be a Vice President, Sad - , known to me to be an Assistant Secretary Of out ern CALIfornis Edison Company, the corporation that executed the within instrument, knit to as to be the persons who ex- ecuted the within instrument on behalf of the corporation herein nsserd, and acknowledged to we that such corporation executed the saxes, Pursuant to its by-laws or a resolution of its board of directors, WITNESS my hand and official seal. LSARE;ARA ROWE �,_BARIBAMA MENY PUBLI'-CALIFORNIA rotary Public iit and four raid INCIPAL OFFICE IN, ANGELES COU C"ty and State ----- bly Commission Expires lune 14,1911]