HomeMy WebLinkAbout; Cannon, W D and Hall, Ellen K; 119085; Water Agreement,3819
THIS AGiicLcilviSJJT made and entered into this //
day of October , 1950, by and between W. D. CAEI70U, lierein-
after referred to as "Cannon," First Part, and ULLHIJ K. HALL,
hereinafter referred to as "Kail," Second Party,
WITH T H:
That said 311311 K. HALL does hereby give and
grant to said Cannon the sole and exclusive right and option by
and through his agents and representatives and in person to
enter from time to time hereafter upon the hereinafter described
lands belonging -to her for the purpose of drilling or digging
wells for water on any part of said lands which said Cannon may
deem advisable, and said Gannon and his agents, representatives
and employees are further given and granted she right and privil-
ege hereafter to enter ur-on said lands to install pumps, instill
and lay pipelines, electric lines aid such other necessary equip-
ment and thereafter from time to time to ma Ice repairs and renewals
and operate all of such equipment and pump water from said wells
and to take and remove all water that he may develop on said lands
and deliver it to such place or places off of said lands as he in
his sole discretion may determine.
For said right and privilege hereby pjiven and
granted to said Cannon, he shall upon the execution of this agree-
ment pay "Co said Hall the sum of ^ ive Hundred Collars (^500.00) in
cash, and thereafter pay to said Hall on or before the 10th day of
each month at the rate of Se^en Dollars Q7.00) per acre foot for
each acre foot of water pumped or taken from said lands during
the preceding month, all water to be measured by meter at the well
or wells.
IT IS UHDIiHSfOOD AII.U AGHBBi) that the manner,
method and equipment necessary to carry into effect the right and
privilege hereby granted to Cannon shall be solely aa determined
by him, he is to pay for the same to the end that no lien or
liens shall be created against the property of said Hall, and
all of said work is to be carried on and done in such a manner as
to occupy the least portion Of said Hall's land, and after the
completion of each of s^id well or wells the equipment necessary
to operate the same to occupy as little of the surface of the
lands as may be necessary, the said Hall at all times to have the
right and privilege to use water developed by said Cannon without
charge to her, for domestic purposes and the watering of stodk hept
or maintained by said Hall on the land. Also the right to irrigate
fifteen acres of land, with water from Cannon's wella.
If IS HliltiuBY UKDBHbJOOD by the parties hereto that
there is now located and existing three water wells upon the real
property described herein belonging to said Lall, and also there
is now located and existing upon said property described herein a
aand pit; and that said water wells furnish the water used to wash
the ftand in said sand pit.
IT IS PUHTtES U1TJJ2E3TOOD and a,
event that the said existing wells belonging
become depleted or fail to furnish sufficient
ing of sand, then in that event Cannon agrees
wells developed by him on said property, for
sand; Provided Further, However, that in such
pay for the expenses and cost of electricity
from Cannon's well or wells for_ wash ing sand-
greed that in the
to the said Hall
water for the wash-
to furnish water from
the purpose of washing
. event Hall agrees to
used in pumping water
EXHIBIT D
RM3819
In the event that the said Gannon should at any
time be prevented or enjoined from transporting water from said
lands by injunction or other process of Court, then and in such
event he shall be under no obligation to pay any sum to said
Hall until such Court process or injunction shall be removed,
BUT in the event the aaid Cannon should at any time by matters
— beyond hia control other than judicial process or injunction be
prevented or stopped from transporting water from said land, he
per month for a period of one year or until such, sooner time as
further transportation of water from said land may again be
commenced to be carried on by him, it being understood, however,
that Cannon's rights hereunder shall not in any event be
prejudicially affected after the expiration of said period of one
year in case he shall have paid said monthly sums.
In the event th,at it becomes necessary for Hall to
employ the services of an Attorney to enforce her rights under .
this Agreement by reason of the failure of Cannon to comply with,
all the terms of this Agreement, the said Cannon hereby agrees
to pay all reasonable costs and Attorney's fees. Cannon further
agrees to save Hall free and harmless from any law suit or law
suits or other legal action brought against Hall or in which Ball
may be made a party, and in any such event Cannon agrees to pay
all costs, and expenses and Attorney's fees, for the defending of
any such, legal action, for and on behalf of Ball*
IT IS UHDERSTOOD AH33 AG2ESD that Cannon shall com-
mence the drilling or digging of the first well for water on said
land within six months from date of this agreement and prosecute
the drilling thereof in a diligent manner to completion.
She lands herein referred to are situated in the
County of San Diego, State of California, and are particularly
described as follows:
In Hanoho Agua Kediende, particularly Lot B,
beginning on the V/est line of Lot B, South
0 06' Bast 1093.5 feet from the Horthwest
comer of said Lot; thence South 87 45' Bast
1133 feet; thence South 13 12' 7/est 2115.3
feet to the southwesterly line of said Lot
B and th.e center line of the County Hoad;
thence along said line llorth 54 40' ?/est 669.3
feet; thence North 32 55' Yfest 180.3 feet to
the West line of Lot B; thence Uorth 0 11"
lest 1565.5S feet to the beginning.
This agreement shall remain in force and effect so
land as water can be produced and taken in sufficient quantities
from said lands which"in the opinion of said Gannon warrant or
justify th.e pumping and th.e taking of the same.
This agreement shall be binding upon and inure
to the benefit of the heirs, devisees, successors and assigns of
the respective parties hereto.
WITBBSS the hands of the parties hereto, the day
and year first above written. -^ ^/^7 ^
STAT3 OP CALIFORNIA)
i
County of San Diego);3819
On this // day of October , 1950, before
the undersigned, a Hotary Public, in and for said County
and State, personally appeared W. £* Cannon and Ellen K. Hall,
known to me to be the persons who executed the within instru-
ment on the above lines*
"!'r»>", WT2HBS3 my hand and official seal this the dayy.«s.^\'"""•'^^-^-f irst above written*
or aa
County and State*
SHI
1IST
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