HomeMy WebLinkAboutATTN: NELSON LEE TPM 2 OF 76: 1
9 .3 : 1 The use of th is a,`� r
oadvay
described in Erhibi-(l "E-1" by ga ;t S.chohr, and Sahobr Farms,
their :successots, invitees, employees,, Agentse inAOPendent
contractors alld tenants, shall not intexfexe With the tray
e,lled roadway, shall be free and unres tr irtv�d
wilZrut gates,
barriers, speed b+imps or similar obstacles. Schohr and the
Schohr Farms agree to provide at their cost fenCas on the
boundary of the roadway easement fronting on tare Schohr
property in any area in which they may be grariiig livestock
anu to maintain such fens ec in, a good and reasonable condi-
tion, Each party agrees �:11at its use and the Use PIy .i',t5
employees, agents, invitees, tenants or other pa)';,aeq shall
be reasonable and shall be conducted in such a manner so that
the use does not pose a danger' to Other persons utilio; ng
such roadway, will not obstruct such roadway, Y► wi11 not cause
damage to the roadway or the v_ h:
e , a.rles or other equipment
utilizing the roadway and will not burden the use of the
roadway by the other Parties holding a right. to e:zjoy or use
this easement,
4.3.2 Maintenance of this "Headquarters to
Gridley-Colusa, Hight„ray” Road and the apportionment of mainte-
nance casts shall be performed and borne as provided in
Paragraph 8.0 hereafter. As used herein, maintenance of the:
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I
roadway sha;,Ll include maintenance of and repair al)� i e il_ace-
/ Ment of the. culverts and bridge acro&:, R.D. 833,and the
i
Cherokee Canal includingany y support�,�, structures or ,facil-
ities associated therewith, and of any .� culverts
in,st.alled
across the roadway surface foz aranaae, any bridges, abut
ments, and headwalls for such drainage culverts located
across such roadway to pro -vide dry
�.inage unser the xoadway.
t Culverts or pipes for theansa e of
A g irrigation seaters, shall
be maintainedat the cost of and by the party using the water
conveyed in the ditch, culvert or pipe• Upon P pexfo.rrrance of
maintenance of said facilities by that responsible party, the
roadway shall be returned to the condition it was in before
the main tenance"work was commenced by that party. Mainte-
nance of -Yhe roadway small not include maintenance, repair or
rep3.acement of an culvA
y Culvert or drainage facilities, l,.ities, installed
as crossings for { "
Private roadways leading from the subject
roadway easement into private lands. Roadway toe drains, ,but
not including culverts or pipes used toermit
p private
roadway entrances, which parallel, the roadway shall be
reasonably maintained as part of the roadway
maintenance
cost.
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4.3.3 This joint use easement shall include
the right t jointly use any power transmission facilities,
transformers, ;switches, natural gas conveyance lines, or
other :form of utilities whish lay within the roadway easement
area or are installed hereafter in the roadway easement area;
provided however, if a party shall install at its sole cost
s%ch utility lines or facilities hereafter, such utility
lines or facilities may not be made subject to joint use
without the written consent of the other party.
~ 4.3.4 Schohr Farms, as to its parcel
described in ExhibitC
"", does hereby confirm and join in
0
this grant of easement as to Headquarters to Gridley-Colu•sa
Highway and Confirm each and every term and provision of this
Agreement and agree to each and every term thereof.
4.3.5 Neither Bank, Schohr nor the Schohr
.Fa:rms°or their successors shall ;have the right to transfer,
assign or grant permission oo persons other than the tenants,
employees, independent cont-ractor5, agents or other parties
of Rank, Schohr, or Schorr Farms to utilize any roadway and
utility easement granted herein. Those parties granted
permission shall utilize the easements only for purpose:,,
related to the use and enjoyment of the respective properties
or portions thereof and subject �o each term of this
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Agreement and the easement and/or right shall be appurtenant
to that property:
4-4 Levee Roads: Schohr hereby grants to-Bank,-
and
o-Bank,-and its successors, a non-exclusive right of way and easement
for ingress and egress for vehicular and pedestrian use
purposes, and for utility purposes, installed below the
ground, upon and across the following described roadways:
4.4;1 The roa6ways located upon the levees of
the Cherokee Canal or AD 833 facilities shoran upon Exhibit
i
"D" including any ramp or approk�ches; leading to or from such
{ roadways but excludinn the roadway extending northerly from
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the Headquarters to GrLdley-Colusa. Highway Road described in
Paragraph 4.3 and located easterly of t) -,e Cherokee Canal.
These levee roadways shall be utilized only during the
farming season upon the Bank property and immediate;'.• before
the commencement thereof and after the termination thereof,
.for purposes of ingress and egress by Bank and its succes-
tors, ,its tenants, emplcr mac... stems, independent contractors
and other parties utilizing sucb aloadways for purposes
relating; to the use of the property of Bank or any portion
thereof. The levee roadways,, ramps and approaches to those
levee roads may not be utilised during the farming season by
Bank or its tenants, independent contractors, employees, or
6/27/87
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gents for any recreational purposes, includingr wit2,=;;hut
excluding other uses, for hunting, fishing, bird watching or
similar pursuits: The use by Bm-nk shall be reasonable and
shall not unreasonably burden or damage the roadway's use.
Any gates installed by Schohr or Bank except those installed
y at the boundaries of the Schohr property shall be kept
unlocked during the Earning season unless the parties shall
otherwise agree.. During other periods, the gates may be
locked by either party and 'keys or combinations provided to
the other party before locking,
4.5 Roadway For ?access To Well Location Upon North
C -Test Baundary_0f Headauarters - :
Schohr does hereby
grant in favor of Bank, its successors, assigns, .tenants,
occupants, employees, and agents an easement for vehicular
and pedestrian access upon and across that certain roadway
lying immediately adjacent to and 25 feet south easterly of
the property lime between Bank and the Schohr Property and
extending from the well site owned by Bank and shown upon
Exhibit "D:.`tfand labelled Site - Schohr Property Right
To Receive Water Service", northerly to the crossing shown
upon Exhibit "L+`."!°. This easement. shall be for the sole
purpose of operation, Maintenance, construction and recon-
struction of the well and appurtenant facilities. The
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Headwails formingthe cross �
_rig over she ditch at, the entrance
.
of such road from the Bank Propertyto the SchohrProperty
shall be maintained solely, by Bank, Schohr having no right to
W utilize such; - cxos:sing„ The road ., ay from that crossing to the
well, shall be maintained solely by Schohr at its sale cost
except that if that roadway shall be damaged ,or excessively
rutted due 'CO unreasonable use by Bank; or its agents, employ-
ees, tenants, or other parties under the centro], of Bank, the
cost of, repairing that damage shall be borne solely by Bank,. r.Y
4..6 Right Of—Way And Rights To Darr, Ana
Use Thereof: Schohr does hereby grant in favor of Bank, and
its successors and assigns, tenants, occupants, and invitees,
and other parties using the property of Bank an exclusive
right to maintain, install, construct and reoonstruct
irrigation dards, weirs-, diversion and pumping facilities
within the area of the Schohr Property lying between the
levees of the Cherokee Canal. and Reclamation District No. 833
Canal and within the area. immediately Joest thereof reasonably
necessary and incidental to the diversion, pum.ing transpor-
tation, pumping and storage of water, for the benefit of the
Bank property. This easement for the benefit of Bann, proper-
ty shall include the night to construct, reconstruct; add to,
enlarge or alter the facilities or to relocate such
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facilities including altering the elevation, dimensions or
character of the facilities and the water therein. The
rights provided herein shall be limited by and in accordance
with the coordination principles described hereafter '
Paragraph 4.6.6 through 4-6.5.
4.6.1 This easement in savor of the property
of 'Bank shall further include the richt to install utilities
both above and° below ground for the purposes of providing for
the operation, maintenance, enjoyment, utilization, repair
and/or reconstruction cf the facilities used pursuant to the
easement. These easements may be located and exercised at
more than one location including, without limitation to other
locations, the locations Of the dams; including any later
constructed or relocated dams or diversion facilities, the
area of the pump .intakes to the system supplying the Bank
property, the area of the intake to the Suez Canal System,
and such other locations within the boundaries of the
Cherokee and Reclamation District No. 833 Channel and wester-
?y or easterly thereof as ,shall be reasonably useful for the
purposes of collecting, diverting, distributing to and
storing water for the property of hank.
4.6.2 This exclusive easement shall further
include the non-exclusive right to reasonable ingress and
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egress to such facilities across the prOPLerty of Schohr in
the vicinity of the described facilities for the purposes of
inspection,- operation and maintenance, constructi_on,and
reconstruction. and temporary construction work sites. Bank
and its successors shall have the right to reasonable inaress
and egress for the purposes of cleaning, reconstructing,
deepening or clearing of debris and deposits, (i) the chan-
nels upon the.>nteriorlevees of Reclamation District No. 833
and of tl& Cherokee Canal extending upstream from the diver -
Sion facilities; and (ii) the cross channel located immedi-
ately upstream of the diversion facilities constructed to
divert water from the east and west levees of those faci.
ities
4.6.3 Prior to the performance of any work of
clearing or removing d8bris from the channel located on the
westerly side: of the Cherokee Canal and providing for wetter
delivery to the entrance of the Suez Canal, either by flow in
a southerly direction or by flog from the dams or relocated
dams, northerly to the Suez Canal entrance, Bankt its succes-
sors and assigns shall submit to Schohr a plan for such
cleaning. The plan shall provide for the cleaning of the
main thread of the channel and shall, to the degree practica-
ble provide for the retention and minimization of disturbance
6/27/87
to the 'trees,, vegetation and natural ground cover. The plan
shall be submitted fifteen (15) day -5 prior to performance of
work. If there is any objection tt,) the plan, written, notice
of the objection shall be provided by Schohr to Bank within
the fifteen (15) day period, and a specification of the
Iadditional raeasu::es desired by Scholar. If the parties shall
be unable to agree within -ten (10) days thereafter to the
measures to be'undertak'en, the work and method of performing
Ithe work shall be resolved by the Arbitration as provided
herein
4.6.9 Bank .has supplied at its cost coz ugat-
ed metal culverts which Schohr has caused to be installed at
its cost in the cross ,channel immediately upstream of the
present location of the diversion. .acilities.' This culvert
shall provide for roadway access Lo the portions of the:
Schohr property lying upstream o,f the existing dam and
diversion facilities. The costs of maintenance, of replace-
ment or protection of the culvert and roadway access shall be
the sole responsibility of Schohr and its successors hereaf-
ter.
9 .6 . a (a,) There is reserved from the
easement granted to Ran} the right to Schohr for use upon the
headgt(arters parcel only, to take eater from the pumpiiicl
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basin and intake ,structure through the opera tio,a of Pump 10
which pump shall be hereafter owned by S'cbohr, for reasonable
consumptive use upon the Headquarters Property. Schohr t -hall
have the exclusive right to utilize such pump, outlet works
and the pipeline ex -tending from the outlet: of the pump to the
{ Y,eadquarters Property,: All of such facilities shall be
maintained by Schohr at its sole cost and expense. Schohr,
its employees, tenants, agents and independent contractors
.shall not have a right to alter, adjust, turn on or off', or
in any other way control n`todi,fy or affect the operations or
condi tions of ai?y of thee other electrical facilities, pumping
facilities, or metering facilities existing now or hereafter
located by Bank in or adjacent to the diversion pumping
station. Bank, its employees, tenants, agents and indepen-
dent contractors shall nothave a right toalter, adjust,
turn on or oxf, or in any other way c:ontrol, modify or affect
the operations or conditions of electrical
facilities, pumping facili"wies, or metering facilities
associated with Pump 10
4.5.4 (b): Schohr agrees that Bank at
any time and fr';,n time to time shall have the right to alter,
modify,, relocate, add to or in any manner or fashion change
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