Loading...
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 COPY