Loading...
HomeMy WebLinkAbout1934-006 Stipulation - Fred C Homes & Susanne Homes Carter J! 1 "'V 1 19 34 i Gus Nerebtu7 J Attu at Law Medford, Egon i i Gust: Enclosod herewith plo ase find Resolution which has heretofore been duly passed by the Board of Directors of the Talent Irrigation District whereon they agree to deliver five acre feet of the water heretofore f purchased by the City of Astiland to Fred C. gomes at the hoodgatea on his pmPe rty. The Irrigation District wish that Mr. Hem" would mew pquent for his proportion ate shares of the maintenance to the City of Ashland and they wilt annually bill us for our share of the maintenance on the whole Boo acre feet which we had heretofore purchased* Since we have built a measuring device wherer your t,'lients, Fit C. gmes and Susanne Homm Carters, secure their agreed portion of cno -fifth of the present gates flow of said spring, std. as the installation of this device together with the enclosed Resolution from the Board of Factors of the Talent Irrigation District, ac plri.sh in offset the purposes autline d i r: our stipulation, we trust that it will be satis- factory to your clients for us to draw up s satisfaction and agresmAnt whereby this perforuace mW be accepted in lion of the performance out- lined in the st pa2ation- Ttorsupon the suit =W be di.am -teed without prejudice. Awaiting further advice we remain VW7 truly yours aRIG i; BRIGGS FW,T J. VAS' DYKE BY FJV lvss IN THE CIRCUIT COURT OF THE STATE OF OREGON IN AND FOR JACKSON COUNTY CITY OF ASHLAND, a ) municipal corporation, Plaintiff, ) VS. ) STIPULATION FRED C. HOMES and ) SUSANNE HOMES CARTER, ) Defendants. ) ) WHEREAS, the above named plaintiff and the above named defendants have heretofore executed and filed of record in this court a Stipulation as a basis for settlement of the above entitled matter in the above entitled court and cause, by the terms of which the respective parties stipulated and agreed by and through their attorneys to do certain things, the performance part of which is now found to be impossible: NOW9 THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the City of Ashland, a municipal corporation, acting by and through its attorneys, BRIGGS & BRIGGS and FRANK J. VAN DYKE, and Fred C. Homes and Susanne Homes Carter, acting by the through their attorney, GUS NEWBURY, as follows: 1. That the defendants relinquish to the plaintiff all claim to four-fifths (4/5) of the aggregate flow of water from what is known as the Berkeley Spring, being the spring involved in this suit, said flow being estimated at approximately twenty (20) gallons per minute. 2. That the plaintiff relinquish all claim to one- fifth (1/5) of the aggregate flow of the waters of said spring. 3. That the plaintiff give and grant unto each of the defendants the right to tap any pipe line now existing or which may be installed by plaintiff, with a three-quarter (3/4) inch tap, for the service of the dwelling of the defendant Fred C. Page 1. Stipulation Homes and for the service of the Awelling of the defendant Susanne Homes Carter, or for any future dwelling of each* or their successors, which shall take the place of those now exit- ing, said taps to supply water from said plaintiff's pipe line for household use such as bath and toilet fixtures and for water- of stock, but not for any irrigation, and said use on each ser- vice tap is not to exceed the aggregate amount of two hundred (200) gallons per day. 4. That the plaintiff install at its expense suitable equipment and measuring devices so as to furnish the defendants with one-fifth (1/5) of the flow cf said spring at oppromimately the point where diversion is now made, said one-fifth (1/5) flow of said spring to be understood to be in addition to the service taps mentioned above. 3. That in the event the plaintiff should succeed in increasing the flow of said spring at some future date over the said present flow, estimated as being twenty (20) gallons per minute, that the said 1.vslntiff is to have all of the benefit of said increased flow. 6. That the plaintiff, as compensation to the defend- ants, agrees to secure from the Talent Irrigation District a Resolution by Its Board of Directors, waiving any objections said Talent Irrigation District may have to the delivery by the City of Ashland of not to exceed five (5) acre feet of water annually at the headgate of the Fred C. Homes farm in the Bellview District near Ashland, Oregon, the said five (5) acre feet being part of the waters of the Talent Irrigation District heretofore contracted for by the said ';ity of Ashland, and its delivery to the said Fred C. Homes farm to be on the some terms$ stipulations and conditions as exist in that certain contract between the `-ity of Ashland and the Talent Irrigation District, recorded in Volume 163 at pages 101-10) of the Jackson County, ^ag 2. Stipulation Oregon, Deed Records, and the said Fred C. Homes and Susanne Homes Carter and their heirs and assigns stipulate and agree to pay annually to the City of Ashland their proportionate share of the maintenance charges for the said five (5) acre feet of water under the terms and conditions of the said con- tract between the City of Ashland and the Talent Irrigation District, recorded as aforesaid. 7. That all of the above mentioned terms and conditions which were to have been done and performed by the parties here- to prior to this date, have been done and performed, and that this stipulation is entered into between said parties for the purpose of causing the record to conform to the facts; that upon the acceptance and execution of this stipulation by the parties hereto, this cause shall be dismissed without costs to either party. DATED this ___day of , 1934. Attorneys for Plaintiff ATTORNEY FOR DEFENDANTS