HomeMy WebLinkAboutKelly, W. S. Kelly, J. Lavinia; 1929-12-16;CrRAIIT OF OPTION
THIS AGKEEtvIENT made this 16th day of December, 1929, by and between
W. S. KELLY, and J, LAVIIIIA KELLY, his wife, hereinafter designated as grantors,
and theOGEAITSIDE MDTUjU:. WATER COIIPAITY, a corporation of the State of California,
hereinafter referred to as the grantee,
-WITNESSETH-
That, in eonsideration of the sum of Ten (^10,00) Dollars, the receipt
whereof is hereby acknowledged, the grantors above named do hereby grant unto
the said grantee the right, option and privilege of purchasing the real property
hereinafter described, upon the terms, and subject to the conditions, and within
the time hereinafter set out.
DESCRIPTION
That certain area commonly referred to as the Calavera reservoir site
situated in Calavera Canyon, San Diego County,consisting of the area
which would be submerged by a dam situated at or near the grantors'
quarry sufficient in height
td'impount 900 acre feet of water, together with the land surrounding
and adjacent thereto and below the level of a point 15 feet above the
flow line of such dam, being a part of Block ___________ of Rancho Agua
Hedionda; the mete and bound description thereof to be determined and
set out in any deed given hereunder,
TER^B
This option shall remain in full force and effect for the peMod of
ninety days fyom and after the date first above written, and if not exercised within
that ttme in the manner hereinafter provided, this option shall terminate and be of
no further force or effect.
FORCHASE PRICE
The price at which the grantors herein agree to sell and at which the
grantee shall buy the said real property, in the event of the exercise of this
option, shall be fl.OO and the execution by grantee of a contract In substantially
the form annexed hereto shall be a part of the consideration of the conveyance
of such real property.
D"Frffn
The deed by which the said real property shall be conveyed pursuant to
this option shall be In sufficient form and executed by all parties necessary to
convey to grantee named herein all of the said real property free and clear of '
\
all liens and encumbrances, except the taxes constituting • lien but not payable,
MODE OF BCSRCISE OF OPTION
In the event that the grantee elects to exercise this option, it may
within any time of the said period of ninety days deliver to the grantors written n
notice of its election so to do. It shall thereupon become the duty of the
grantors hereunder, within fifteen days after the receipt of this notice, to
furnish to the grantee at their own cost and expense a policy of title Insurance
Issued by a reputable title comDany acceptable to the grantee, covering the ls.nd
hereinabove described. The cost of determining the description of said land,
searching title, and of Issuing such policy of insurance sball be bome by the
grantors. Any charge for showing title in the new owner shall be borne by the
grantee. The grantee shall have thirty days after the receipt of such policy of
title Insurance In which to examine the same. If within the last mentioned
period the grantee shall elect to pay to the grantors the purchase price fixed
as herein provided, and shall execute a contract in substantially the form
attached hereto and marked Exhibit "A", the grantors shall cause to be executed
and delivered to the grantee a good and sufficient deed covering the said real
property to the grantee free and clear of all encumbrances, excepting the
encumbrances, covenants and agreements herein specifically set out. In the event
that the parties hereto desire to use an escrow, the cost thereof shall be paid
in equal parts by the parties hereto.
In the event of the failure of the grantee to exercise this option
within the time specified, or to pay the purchase price and execute the said
contract within the said period of Thirty days, this option shall terminate
and be of no further force or effect.
Upon the execution thereof, the grantee shall have the right to enter
upon the said lands of the grantors for the purpose of exploring and detrrmining
the suitability of the proposed dam site, and determining the cost of construction
of the proposed dam and appurtenant works,
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
the day and year first above written.
(Signed) W. S. Kelly
(signed) Lavinla J. Kelly
Grantors
-S-
5
OCEANSIDE MUTUAL WATER COTIPANY
By H. Kressman, Pres. ^ (signed)
By J. E. VoigtStSecy. (Signed)
Grantee
STATE OF CALIFORNIA)
County of San Dlego) ss
On this 16th day of December, 1929, before me,
C. D, McClellan, a Notary Public in and for the said
County of San Diego, State of California, residing therein,
duly commissioned and swom personally appeared W, S. Kelly
and Lavinla J. Kelly personally known to me to be the persons
whose names are subscribed to the within Instrument, and they
duly acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, at my office in the County of San Diego, the-
day and year in this certificate first above written^
(Signed) O.D. McClellan
My Commission expires Wotaty Public In and for the County of San Dlegr
December 17, 1930 State of CaLlfomia
STATE OF CALIFORNIA )
) ss
County of Los Angeles)
ON THIS 19th day of December,A.D., 1929, before me, Wilbert
Burkert a Notary Public in and for the said County and State,
residing therein, duly commissioned and sworn, personally
appeared H. Kressmann known to me to be the President and
J. E. Voigts known to me to be the Secretary of the OCEANSIDE
l^roru.^L WATER GCMPMSY tll« corporation that executed the within
Instmiment, known to me to be the persons who executed the
within Instrument, on behalf of the Corporation therein named,
and acknowledged to me that such Corporation executed the same.
IN WITNESS T/HEREOF, I have hereunto set my hajid and affixed my
Official seal the day and year in this certificate first above
written.
(Signed) Wilbert Burkert
Notary Public in snd for said County
My Commission Expires December 12, 1932 and State
EXHIBIT "A*^
AGREEMENT
THIS AGREEHIEMT made this 16th day of December, 1929, by and between
W. S. KELLY, first party, and OCE-*NSIDE MITITAL WATER COMPAMY, a corporation,
second party,
-WITNESSETH-
Th5t, in consideration of the conveyance to second party of certain
real property, (Description to be inserted) the second party agrees as follows:
1, Within two years from the date hereof to build a good and substantiel
dam at a point upon said land in Calavera Canyon, so located and of such height as
to provide storage for at le^.st 900 acre feet of wster, and to provide thereby
storas'e for the beaeflt of first party, to be used as herein provided, to the
extent of 300 acre feet, together with equipment necessary to measure and
administer water stored therein,
2, The second party agrees that it will Impound for, the first party the
annual run-off of the area tributary to such reservoir and any waste water from
the Ylsta Irrigation District, to an extent not exceeding at any time 300 acre
feet, and will release such water so impounded to the river bed below the dam
in such nuantity and at such times as may be requested "by first party, provided,
however, that water shall not be so requested or delivered at a rate exceeding that
fixed by the following schedule, to fiit:
50 per cent of the annual water crop impounded for the first party as of
the first of June of each yesr shall be available in equal parts during the months of
June, July, August and September, the remaining 50 per cent in equal parts durlnfr the
remaining months of the year ending with the following Mny,
3, During the period when vrater shall be impounded for both parties hereto in
such reservoir, loss by seepage, evaporation or accident shall be borne by the
parties hereto in equal shares,
4, The right of first party to Impound snd use flood run-off from the area
tributary to the said dam and waste waters from the Vista Irrigation District shall
be established and maintained by the first party at his ovm cost and expense.
5, Wkis agreement shall be binding upon the successors of the second party
In title to the said land, dam and reservoir end appurtenant works.
-1-
4f
III WITNESS VfHEREOF, the parties hereto have hereunto set their hands
the day end year first above written.
STATE OF GALIFOmA )
)
County of Los Angeles )
(Signed) W, S. Kelly
^Signed) Lavinla J. Kslly
First Party
OCEANSIDE I.IDTUAL WATER COMPANY,
By H. Kressmann, Pres. (Signed)
By J. E. 7olgts, Secy. (Signed)
Second Party
I hereby certify that the above is a true and correct copy of an
original option signed by H, KRESSMAtKT, President and J, E. Voigts, Secretary,
of the OCEANSIDE im^IL WATER COMPANY, and W. S. Kelly and Lavinla J. Kelly,
on the above date.
Dated at Los Angeles, Califomia
this 26th day of December, 1929. Notary Public In and for the County
and State first above named.
My Cominlssion £.xpire3 Dec, 12, 1932