HomeMy WebLinkAbout1934-011 City vs Homes
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E. D. BRIGGS
WM. M. BR I GGS
BRIGGS 8c BRIC30S
ATTORNEYS AT LAW
ASHLAND, OREGON
April 4, 1934
City Recorder
ashland, Cregcn
Dear Sir:
Herewith triplicate original of Assig meat of
Interest in "pater Right Contract, together
with letter transmitting a copy thereof to
the County Clerk for -recording, said copy to
be returned to Fred. C. Homes. Recordation
bill will be sent direct to you.
In regard to the State ngineer's office,
relative to the sulphur spring, all papers
have been prepared and transmitted to said
office and you will receive a recordation bill
tlerefroia, :which is to be paid by the City of
its l:.land.
Yours truly
btlr~ 3 tat lill~il'J
FRS U
E . D. BRIGGS W M. M . B R I G G S
BRIGGS & BRIGGS
ATTORNEYS AT LAIN
ASHLAND, OREGON
March 15th, 1934.
City Recorder,
Ashland, Oregon.
Dear Sir:-
Herewith copy of stipulation for settlement of the Homes
case as same is filed in the Circuit Court of Jackson County,
Oregon.
Yours truly,
BRIGG & BRIGGS --MKKE'-~
FRANJ . VAN
/
BY
iv ric
pa g
MILL,
ALLA F. A H and UHS. AL LA ` . M
IAAUo
C rrw3-tion; . no RUPL Y i n't VFW'. 'D.
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alilk", LILY v Unknown beir o4"' . A MI-S' H
R iFER, tail l ' ; Un~inn n t oira ' 17
PI PP CE* bar a an. aff" t*, b! r 3
pia '3" X T % PARR f~ A T' D„ RM , 4~~Tru
• ITJNVI and r, A. TIIRT'Sx e 'r,y rtner
n a L I of ASIMAlt r,' A ~ ~ ~ ~ ~ •
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Wtf * CN KR gr, ALL n r Ml_ A 14n NAVED rOWMA TP;
IN Me, NAME OF TR~F, STATE 1? 1PEWN1 You a*,l eAcb of
you r h x^eby urmon n ps ;utx * J t. a , - the op-
titled Court 4 o .u 4n ewer the " rn
",'Ile therein yeti, 1t i ton (If%) dt*ys from n, fter this
4t of th O rvi e O t ~ I n : =n upon Four pro-v 1d d ouch ser-
vice
J y l°rond after th k .te f u service,, prov o* such service
rude within any lh count 1 M 4ll ~-*.v
.nd. each of you axe further notified that if YOU fail to iPpear
and answer said complaint Itbian said time, th~t-t 'PIci .stiff will
4PpIY to the Court for the relit-f demanded in the COmTlaint.
F. P. Far r e11 / / ! , ,(Q~t
k n t' 14.' 4'
Ati-Iress, ROOM 10, Jac-kson County B4nk Building
Medford Oregon
3
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page su, ;~'o11a
'If TP- "I'TAT OF ("t
T L T I 'x'11 FBI STRICT,
11-4
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Tru,,4tas for
'iN f'I l' I'R S`, 11 j; * ~t t~?81~`~$ry ~
M Lt , base wj fg; L HOLIBAU H n MRS. » IPPO
V' I MfJM* his wife; Um rr,t: ,n of P I
SIT c4a ; unknown of j AU h;S Ti
'
, • i wife; teak, mn heirs of LI B t - QU"IET
. nYC , bar urban t, a
MS, F
yrE 4,n UPS, i ' A9
~'IS1°. AT1 L RANK If A ~1t,, 7r. 'T" s~ ~ ~ ~
Carter n =er the will of H. . C rtt.r,
eca-M4 a i PAY A. ('ARTER,, -an A ,oo of nt person; ~
T
F rT LASS CIMPAItY, :gin nr, qot,., i C)
P, "ITIPLIM', ~ind C, A* M,
tra ctim, Irm int s un:ler the 4 . s«mmo trusi : s
nnae m-l ty1e of APPLAWn PAIM, AIM RA L (rn ak'MY.
. t`. L1 IMIEP and rP# . t. LV1j1gEP# hip 'ri'fe;
. ~ . LINWI -'~nmd . R. M. LI I R, hi rife;
^ Tf mMARDq al otter ~?o a and rte s
unknown cl4imin any rl ht# ti}la, In e'r t, r
t(te In and to i oa Aarmribed in
heroin,
`lAin-kiff. for c4uof suit uinst tea foula tt
heroin %n c,%ch of them# l e t
.
Tb' t, Pl ntiff ,i« "gym irri &tI i tr i« , duly 'ir unli. *J,,
tiro tend ex4 tine, rka r cm by virtue of the laws am statutes
Oregon.
That lch,&rd m1rett, th rina err tt and Vurr
St&rrott r the sole nhq ,°n . heirs of Var % t M. ►rr tt,
4g 10
deceased, and if there are any other or additional heirs of
Margaret M. Barrett, deceased, the sae are wholly unknown
and area designated herein as the unknown heirs of Margaret M.
Barrett, deceased.
III.
That Ashland Orchards Syndicate has or claime to
have some ri ht, title, or intarest in or to the real roperty
hereinafter described, ;sand the stratus of said Ashland Orchards
Syndicate as to whether or not the same is a partnership or
corporation is wholly unknown, and the members thereof, if a.
partnership, are wholly unknown; that the Defendant, Charles
11. Melcher is Trustee for the Defendant, Ashland Orchards
Syndicate.
IV.
Th.a,t the Plaintiff is not infor ad as to whether
the Defen:;.ant, gl Mill Coyne. is a partnership or a corpora-
tion, and if the same le <3a partnership, Plaintiff has been
unable to det rmine th ~ n . es of the per one ronstitutin;< the
e arses e .
V.
That the Defen,cants, Allan F. rarnhau► and Mrs.
Allan F. Farnham are husband end wife.
Vi.
That the City of Ashland, Oregon., Is a Municipal
corporation.
VII.
That the Defendants D. 0. Hurley and. Mrs. D. C.
Hurley, his wife, and Fred Holibaugh and, Mrs. Fred Holibaaugh,
his wife, are the only known heirs of Sadie C. Hurley, deceased
and if there are any ether or add tionul heirs of said Sadie
C. Hurley, deceased, the same are wholly unknown and are
designated herein an the unknown heirs of Sadie C. Hurley, deceased.
'gage Complaint
g` ~MF 3
Urp. r*
''I"At 'the
are Pus'band And Wif 4*
$x.
T bat tbare r heirs c ~ Jumso
H 111f, ther are any of' J
the a4me e oholly :a nowt, 4nd t h4 bra si t vti-l n
o-f
,t, ha iin heirs
That * ` *a beirs o kliz Runyard, e
Suny-Irat James R. nyar , rLo ' A ► , J ll. Sunjard'j,
Alokiru Taylor, 4artha R. Pett7r J;An Petty, Lola Luc**
Joa h Pettis, Ira P tk. o a chol # 1911ra Janos, r& al,
and J o* , n if there ' any ' " or addition-%I heirs
of %ta j v , l the samt s are wholly %A.n]Kww n, and
r signate b Y n a the unknown heir of liter W s ,
#64003.
.
ThaA John P'arkinson ;end e Be Puxk1n a , are huaband
I&IUA wife.
L1.
Tht the Defo nUn * Clara Tordy a 4n John Do* or yc
X1114
T,b,At the efond t - fordyce *Ad Mb's. ward
rorlyooo if be tied, at* tuobii.ad 4nd wife.
1.0.
That the efan u A s3. For t 4ad gre. A *4 .
IV.
T first tinrittl Bank Ash<1 nd, Orer ,on,, Is it natl
n ►r r i n organized, acting tln " r Un'y
P490 . Coax; lain
virtue of the laws of the United States of America, with its
principal office and place of business in Ashland, Oregon, and
said Bank is the Trustee for Ray A. Carter under and pursuant
to the provisions of the will of H. B. Carter, deceased; that,
Ray A. Carter is an incompetent person.
XV i .
That the Defendant, The Carter Land Company is an
Oregon Corporation and is identical with and is sometimes known.
is Carter Land Company.
XVII.
That the Defendants, 0. S. Esterling and C. A. Roberts
are co-partners transacting business under the assumed business
name and style o-' Ashland Send and Gravel Company.
XVIII.
That the Defendants, M. C. Lininger and Mrs. M. C.
Lininger are husband and wife.
XIX.
That the Defendants, B. M. Lininger and Mrs. B. M.
Lininger are husband and wife.
XX.
That if there are any other persons or parties
claiming any right, title, interest or estate in or to the real pro-
perty hereinafter described, the same are wholly unknown, and are
designated herein as all other persons and parties unknown
claiming any right, title, interest or estate in and to the real
property described in the complaint herein.
XX I .
That Plaintif" herein is the owner in fee simple of all
of the following described real property situated in the County
of Jackson, State of Oregon, described as follows, to-wit;
Page 4. Complaint
All of Tracts hum~)ered QTac (1), T o Four (4),
Six (8), Seven (7), Eight (8), Nine (8), Ten (10), Eleven
(1 T elv (I'`), "'tairts:n (l:X}> Filteen (1;-), Sixteen
(18}, Eighteen (18), Nineteen !19), Twenty--one 1)
T snty-~t,.o Twenty-three ( 3), Twenty-four
~,r P-;.}
Tre ty-five (15) Twsnty-six (?8), Tilenty- ,"t),
Tvent
y--eight Thirty (30), Thirty-one T'hirty-
Thia:ty-'three 7), Thirty-four (34), Thirty-
five Thirty-six (36), 't'hirty-nine (39), Forty (40)
Forty-two (42) rorty-three 4ti (~4), and
Forty-four Forty-five (4 ~ of "ASPLA r ACR. 'SY, as numbered, eeignated
dnd described on the official plat thereof, now of record,
in Jackson County, Oregon.
Also, all of Tract Number Fourteen (14), Exceptin?
thevelrom tba - f0llowino- described promises, to-wit; Be-
inr;in at a rloint 1580 Feet East along the South lire of
Tract No. 14 :gorge the S,)uthvaest corner of a,"d tract;
thence continua East, 662 feet; thence North 400 'asst,
obi feet; thence North 6 Q 'hest, 544 feet; thence South
30 151 Tests 354 feet, to the South line of Tract No. 14,
,:it the Pl1 ;,ce of b~,a;innin-:4, containing 3,33 .cres u4re or
lass. ,
Also, all of Tract Number Sec' rjteen (17) of "ASHLAND
ACRES", excepting the following described premises, to-wit.
Beginninm at the Norttoa~st corner of Tract Number S°venteen
(17) wbicah ie the Southeast corner of Section Twenty--eight
(23), Township Thirty.-eight (r~i), South of Run? ,Q (1)
Eist, illxmette Meridian, in Or6gon; thence South Seven-
teen hun4red !and :five (1705) f: et to the North line of
Grubb Tract; thence vest Six Hundred and sixty (660) feet.
thence North Sevorateen h,undra-1 zinc five (1705) feet to
North :line of said Lot No. 17• thence Exist six hundred and
sixty (C60) Peet to the Pl1 ice~of bed innir 7.
Also, all of Tract numbered Twenty ( ~1) f "AIMLAND
ACFES~, as nu berej., designated and described on the
r.af 'icial Plat thereof, no"
of record, EXCEPTING and RES'ER-
'VIerC the foll.owin part therretaf, to-wit; 8eginnin at t
point * hicah is 5. ~o chains South and. 45 links Vest of the
Itorthwest corner of Donation Land Claim No. 53 in Town-
shiv Thirty-eight (1S), South of Range one (1) East of the
%Il ;mette Meridian, in Oregon, which Point is the North-
east corner of that tract of land. deeded by J. C. gitchell.
et ux., to James Rarrett o*> record in Volume 57 at Page 564
Of the heed Records of Jackson County, Oregon; thence
West 4.95 chains to the Northwest corner of said Barrett
tract; thence North tot? feet, more or less, to the center
of the present channel of Bear Creek. thence Easterly
fcallowin the center lines of 'aid Bear Creek chunr,el 325
feet, more ox• less, to a point which is 45 links West of
the West boundary line of said Donation Land Clain No. 53;
thence South 5o fe,t, more or less, to the place of be inn-
ing, containing about three fourths g
Also, all of Tract Number Forty-one (41) of ASPLANP
ACRES", lying; :xnd being, situated Forth of Bear Grew, &s
the same is numbered, designated :,,nd. ~iescrjbed on the
official Plat th6r60f, now of record.
Also, he znrazn ; at tta Korth~.,a~pt cornr Of Donation
Lar3i Cla.irri Nj'Arpher Forty--five (45) in T4<nship Thirty_rtinef
(30 South ca Rrze one (1).;st Of the Fill nette Meridian
in Jackson County, 4xe
on; :hence East, 346 "set; thence
Sauna 715 feet, more or less, to center of the County Road;
thence North 640 Or I Test alone center of the County Road,
P ge ` . Complaint
3 G35 Z" bt
line of Donation L"nd Claim No. 45; Thence North 542 fe.iA
aalonar said E2.st line u°. r,Ona.ti~n' Lin ~ Cl-im No. 4 4o the
Northeast corner of ffi~3,id Donation Land Qaim No. 45, at
the Pl:-ce 0 ° b--Lrinnini,.
That said property Is not in tb,,;,- Actual possession of
any one other than the Plzinti.f'f herein.
XXIII.
Th.4A eacb of ,.id Peke., 'anta h ;rein claim son e right,
title, :state or intarest in or to said property, or some
portion ther :of, or some lien upon the saws, which ie adverse
tc Plaintiff, the nature Azad extent of ~ohich is to PIUin-tiff
unknown, but such right, title, estate, lien or interest as
sa.i d Deb endant s, or any of teen may claim, i ~s without right,
and null and void.
THEREFORE p1.~.int f prays that a4tc till o the
Def~z'sdant.w ;ex,w z be required, L `ully set `orth ,r.y ilnd all
right, title, estate, lien, clam or interest what oever, that
they or any of t.ham may have, or claim,: in, to or upon s--'id ra.l
property, or any part or paroel thereof.
Tbat each and all o the claims that way be :Lde on
the part of any or all of said Defendants herein, in or to said
real property herein described, or any ~Art thereof, be ad-
judFr , jnl declared to be nulland void; that the Plaintiff
her~%.in be decreed to be the owner in fee simple of said real
property herein described, free and clear of any right or
cl aim-whatsoever on th a part of srald Defendants, or any of them.
That each and all of the Defendant herein,..nd each and
all persons claim np,, .r to claim by, thru or un`zer them, or
any of them, be 1o: ev,-tr en joined, restr:*ined and barred from
as ertina attempting to establish or claiming any right, title,
estate, lien or interest b"tsoevex in, to or upon s . d
title: to said premises be forever Ttji tt~d ard. a et at rest,
.:roc euch ~7wrther zvmd other relief as May be just and e-iuitable;
in the premises. F. P. Fs.rr el1°4
Attorney for
Page 7. Comp lint
C
i
t
i
• RESOLUTION
Authorizing Wm. i.. Brige,s and Frank J. Van Dyne,
Attorneys for the City of Ashland, to settle the
j case of City of Ashland vs. Fred C. Homes and
Susanne Homes Carter, on the basis of stipulation
attached hereto.
W=AS, the case of City of Ashland, a municipal corporation, vs.
Fred C. Homes and Susanne Homes Carter, has been pending in the Circuit Court
of Jackson County for some time; and
MEAS, it appears to be to the best interests of the City of
Ashland that said suit be settled:
NOW, TTTrIMFORE, IT IS HEREBY RESOLVED that the City Council, at its
special session this 23rd day of February, 1934, does hereby authorize
lam. d. Briggs and Frank J. Van Dyke, attorneys for said City of Ashland in
the above entitled case, to settle said case on the basis of the stipulation
attached hereto.
'Yay o r
a
Recorder
r r ~ ~
1 IN to CIRCHT t idT Of 'ATZ OF Oww
IN AND Z JACXSW C
2
3 CM OF AS , a walctipal ~ SUIT I'm C ITT Poll I wI CTI CK
~
corporation,
4 1~►tiff,
5 va. ;39'II,A't
6 VAO 0. HUM and SUSAND
H CANTO.,
7
tes.
8
9 As a basis for settlement of the above entitled matter, in the
10 ►ve entitled aourt en4 t4tmse,
11 IT IS 3C IITWJLAM A by mad between %hee City of
12 Ashland, a amci:pal oration, actin by and through its attorneys,
13 lien. M. brims and Frank J. V Dyke, and Prod C. ftwo and 8 Som es
14 Garter. acting by and tharau their attorney, Co NewWrys
15 1. That the defendants arelinquish to the plaintiff all slam to
16 fo r-fiftba (4/5) of the aggregate flow of water from what is Imovn as the
17 Berkeley 6priM, being the spring Involved In this suit, said flow being
18 estimated at epproxientel y twenty, (20) gallons per minute.
19 2. That the plaintiff relingp1shyall elate to one-fifth (1/5) of
20 the a egarto flow of the voters of said spar;.
21 3. That the plaintiff gi vets aaad its unto each of the defendants
22 the right to tap any pile line now existing or >&r ich mew be installed by
23 plaintiff. with a tbree-quarter (3/4) inch tap, for the service of tbo
24 dwelling of the defendant yarad C. Homes, and for the service of the dwelling,
25 of the defendant : aaanee lkvm Carter, or for any futuars dwelling of each, or
26 their successors, which shall take the place of those now existing, said tape
27 to *Vply w ter from said plaintiff 49 pipe liaer for hold use such as
28 bath and toilet fixtures and for metering of stoealt, but not for any irrigations,
29 and said use on each service tats is hot to exceed t , to amount of
30 two hundred (2p) gallons per day.
31 4. ►t the plainti ^111ztall. at its expense stei table equip t and
32 meamalzg devices so as to f imish the defendants with + e-fifth (1/5) of tbo
Pap -l- stipulation
1 now of said spring at approximately the point Vaex'e d1V0rs10e► is now =de,
2 said on*-fifth, (1/5) flew of odd sprW, to be understood to be in a►dditia
3 to the service twat motioned above.
4 5. That in the eeveat the plaintiff st vuld d in increasiag
5 the flow of odd spring at some f`atvre darts over the odd present flow,
6 esetimted as being twenty (20) Sallons per winrnte, that the odd plaintiff
7 is to have all of the benefit of said Increased flow.
8 S. That the plaintiff* as compensation to the defendants, agms,
9 within surety (90) days from date hereof, to give the datis a oertifiaatto
1o of water right from the State ate3r bid of the State of Orogon for five (d)
11 sore feet of water impounded by the Talent irrigates District, said eater
12 right to be on the saaesa to e, stipulations and conditions sari *mist In that
13 certain contract between the City of Ashland and the Ta gent Irrigation District#
14 recorded in Volume 163 at Pages 101»105 of Us Jackson County, Oregon, Deed
15 a cords.
16 9. That in the sw t the saa4d plaintiff is vzable to furnish the
17 Braid certificate of water right within the period above mwtioned, than a in
18 that event the above stipulation shall be considered null and void, and tbo
19 parties thoreto shall be deemed to be in the saw position as though sold
20 stipulation bad never been entered Into. That upon the compliance by the
plaint f of the t t ws ~tia~_lation, this cause shall be dismissed
a
21 ritno'at Costs to eat =t 't
DAMM this, any of 7+abruary, 1934.
22
23 BRIGGS
24 " L
Attorneys for plaintiff
25
26 _
T-
IrIJJ
GUS
27 Attorney for defendants
28
29
30
31
32
Page -2- Stipulation
%.L~.'.w`a$t 8a <4g: . L V.
WSMUS, in the Circuit s oiu"t of the state of QTe on in and for
Jackson qty. in a suit styled CITY QY A v, a municipal corporation,
vs. VAa ' . - W and WSAWB NUNS CARTIM, a settlement thereof v" reached
on tho 27th of 'February, 1934, pursuant to stipulation filed in said
cause, a copy of ich stipulation ;Ls hereto attached, aA made a part
hereof, and is designated as Pabibit "A"; sad
'4W , pursuant to odd stipulation the said City of Asl"Elmd
weed. to transfer to said k''red. C. use and -Susau" a Carter, five re
feet of water owned by the said City under and pursuant to a. certain contract
between the odd City and is .eat Irrigation District, which said contract
is dated ber , 1926, and, It recorded in Vol 163 at-Pages 201-105 of
the ao sou County, Ure► n, i Records, f ly subject to the provisions of
said contr :t, except that a suitable point of dive rsian shall be ar d
'between the d Talent Irrigation strict and said "'red C. homes and
Susanne s Cart r, and "c at that the plaos of use for the water so
tranwV errod "I be desl tad as tba " s Reach" in )'action 13, Township
39 ~4uth of uwgo 1 ii ast of the Will tte rid,ian, in Jackson County,
Oregon:
904, 1':Ii.acam, for value re€ olved, t CIV %W A 3 ' , a d amaaaicipeal.
corporation of the Mate of 0rogon. of a ` u County. Vro ty, dose hereby
sell., transfer, and assi unto !red C. I tss and. 3usanne as Carter, a
rl t to five acre feat of igyv a dod water from the Talent rx i tioan
District. heretofore purrs sod from **id District by said City, by virtue of
and pursuant to the contract hersinsa. re designated, a copy of wbi contract
is hereto attached, marked Exhibit "B", and which copy is hereby referred t
a made a part hereof. this e►sea`i,, t of said five acre .461setbeing made
fully subject to the terms and provisions of said ontraot, and fully mbjecet
to the liability of the assi ess for the prompt payment of P"Portionato
uaai nt ee obax', s requi r . Vaaraby, and including, in *,his assignment all
benefits which would belone to the assignor in the use of said water so
trasansferr and assigned in a this ass t as transfer bad not bow
made.
It z under;Aood that t: ! ,n ..ai;tr . t 7!1
des imate for the assignees - suitable and convenient place of diversion
for said five wwo feet of water included in We as si t, and will
permit tb4 use of s .id water s what Is )mmm as the "Romes Asuch" in
Section 13. Township 39 South of I%We 1 Bast of the Will. tte Uo ridisna,
in Jackson County, Ure n, w th the same benefits and same 11abilities as
a 14posed on than assignor, prapartis ate to the amount of eater herein
transferred and assigned.
fist instrument is azeciAsd by the said City of Ashland,, purest
to authority of its Common Council, b7 the ter and Recorder of said City,
this 4th day of April, 19M.
?f'
OI o-,
SY -~-V 777
. w cor3 r
County of Jackson
On this 4th day of April, 1534, before no, the u ndersiorned a Notary
Public in mad for the above named State and aunty, personally appe&md J.
. A A w, to me personally knom, wbo, being by me first duly scorn, did sir
that he is the duly elected. qualified and acting itecorder of saaid City of
Ashland, a Municipal Corporation, and that the sesal, affixed to said Instrument
is the co Borate seas of said Municipal Corporation, and that said instrument
was signed and sealed in b+ if of said Municipal. Corporation by authority of
the Council of the City of Ashland,. and said J. Q. ADWAS acknowledged said
instrument to be the free act and dead of add Municipal Corporation.
IN 1 US V, I have hereunto m#;sscribed sy name and affixed
notarial seal they day and year last above written.
IL
«a..+~+.L.9.. ~7..., .
"0 1/
=UAW& CUUXT (W M "ITA OF O
It AIM) JACISM
Cry V„" A' a , ci i. SUIT IN 11WITY CT,~ort~tiS~n,
~¢laiaattiff, ~
0 HU= Sad WSAMM
lWef tsp. }
aft Usats for aretttl t of the above entitled matter, in the
above entitled court and cause#
IT 13 WRIST STVULA D AMMD by aftd.VOWOM US City of
AablavAit n ti corpo rotim actiasa and thicurO, its attorneys,
Vb. M. Br and ~iVwlk J. Via av, and Pred 0. PAmes and assasasne Hm"
arto r, acting by and throe their auto # sans H t
a. That the defendants relinquish to the plaintiff all claim to
four-fifths (4/5) of the to flow of water from v bat is known a the
Berkeley I=per, belt, the spari> ' involved in this suit, said flow belassg
eat at a aaroxia trimly twenty (20) plallow par s te.
t the plaintiff relinquish all claim to one-fifth (1/5) of
the . . to flow of the waters of said sssprW,-
. 'hat the plaintiff ve and out unto each of the dasrt tr
the ri of to tap my gips line a exis4st or which may be Installed by
pl ntiff, with ase three-q=rtOr (3/4) ism tom: for the service of the
dwelling of the defendant Vred; C. Hmessa, a for the service of the dsmllIng
of the defendant Swum* Hwns suer, or for my fut ra derailing at each, or
their eaccossors, whso small take t ► plan of those am existing., *Ad tame
to oupply voter frossts~ said Sintiff'-i pipe line for bouedbold use such, as
bath and toilet fixtures a for waterim of stock. but not for air irrlMtion,
and said use on emsb service task Is not to exceed the ►te awunt of
two 3a dred (200) gallons per day.
41-6 plat the plaintiff install at its se vAtasable eat t and
momurivw, es as to furnish t defendants with -tithe (1/5) of the
•1• dt~~traaat
flew of said, oprW at appm tely they point re, Ali icy is nOw .
said (fee flM (1/8) ow of mid spring U vndentood fie to In addition
to the *orvi o two as nti d Aboin.
S. t in tha anent %be plaintiff mod, a In i t
the flow of said SPTW at OGW frttnre d OVOT the seiei p"eeett flag,
ee tod as , 4 tweetty ON gallons Per tte►, tbat said t f
to to have all of the benstit of said InWsa"d flQW-
& That the plaintiff 1, as cr ation to t dam' te, agress#
witl mid' (90) dap fm date hOrSof, to give the defendants a cortIiwrU
of water A*t the Mete Water Board of the state of n for five (S)
a loot of ter IzVoundsd by the Talent 1 tim District, said wAOr
right to be on tbo same , etipnlatiom mad conditions as eruct in that
corts,in ocastae t between the City of A d and the t irrIgs ion MoUrlot*
recorded In Vala 1434 at 101-1 of JadcOU COMO* Qre , DOOd
Records*
7. That in the sweat t ► mid plaintiff to unable to f tiah tie
said cortifi+eat o of water gri t wh in the period above mentioned, than and in
that event the abov* stipulation 1 be considered mal and void,, and
parties t` m eto all be deemed to be in is same position an tbmO w4d
stipulation had never been entered into. 7tat Von the caVIlance by the
plaints of the to" of this stipulatim, e cause sball be dieod ased
witbout costs to elther paerty.
this d at rabraary. 1934.
Attorneys for pIWLntUT
sum
i tto for def to
P"s 41- St latiou
64"g& P
EAS, on the 21st day of March, 1924, the City of Ashland
purchased from the Talent Irrigation District six hUAdred acre
feet, annually, of water, under the terms and conditions of a
contract between the said Talent Irrigation District and the
said City of Ashland. which contract is set forth in the official
minutes of the meetiz s of the Mayor and Common Council of said
City of Ashland in Volume 9 at Pages 174-7 and also In the
official minutes of the meetings of the Board of Directors of
the Talent Irrigation District in Volume 1, at Pages to 35
Inclusive, and-
WHE AS, the said City of Ashland is desirous of purchasing;
an additional two hundred acre feet of water, annually, from
said district, under the same terms and conditions intended in
said agreement of purchase hereinbefore referred to,-
NOW 'I`I1WWORZ, this Agreement, trade this 7th day of
December, 1926, by and between the CITY OF ASHLAND, a municipal
corporation, herein designated as the City, and the TAIMT
1RUIGATION' DISTRICT, being; an, irrigation district duly organised
under the laws of the State of Oregon, herein designated as the
DISTRICT,
WIMSSETE:
1.
That the District does hereby agree to furnish unto the
City, from the irrigation system of said District, two hundred
acre feet of nester, annually, for the compensation, and under
the stipulations and conditions hereinafter met forth and enum-
erated.
11.
That the District agrees to deliver said two hundred
acre feet of water when and as needed by the City during the
period of from the time the District commences to deliver water
to its own users and members to October 1st, of each year, at
the city limits, the point of delivery to the city's ditch or
Pa" Ofta-
Intake being approximately 650 feet south of the southwest
earner of D. L. c. No. 45, said delivery to begin with the
irrigation season of 1927.
That in connection with the receiving by the/MY of said
water from said District, it is understood and armed that the said
City is to have the right to install and construct suitable
motors and spillways at a point or paints mutually satisfactory
to City and District to control as nearly as practicable the
receiving of the grater herein purchased, as well as the water
purchased under the agreement of March 21, 1924, subject however,
to regulations of the District regarding proper notice as to the
amount of water desired.
zzz.
That the said District agrees that the rights herein granted,
upon the performance of the conditions imposed upon said City
herein as to payment, shall be perpetual., and that a certificate
of water right shall, upon complete payment by the City as pro-
vided herein, be delivered to the said City.
IV.
That the City agrees to pay to the said District the std
of $21,540.00 for said two Ymadred acre feet of water, snmuLlly,
such payment to be made as follows:
(a,) $40.00 cash to be paid to the District by the city on
the execution of this contract.
(b) The balance of the purchase price is to be paid by
the City to said District by the making, execution and delivery
unto the said District by said City, on or before January 1,
1926, special obligation notes of said City, in the aggregate
amount of $21,500.00, said notes to be numbered from 46 to 67
inclusive; mumbers 46 to 66 inclusive to be of the denomination
of $1,000.00, and note member 67 to be of the denomination of
$500.00; said notes to bear interest from January 1, 1927, at the
rate of five ►d one-half per cent per annft, payable semi-annually
all of -4hich notes shall provide for the payment of the prin-
cipal at the rate of at least ons-sixteenth thereof at every
semi-annual interest payment date; said notes to contain the
provision that they are payable solely from revenues of the
water department of said City of Ashland sad shall not consti-
tute a general obligation, and which mates shall be in form
substantially as follows, to-wit:
No. ~ //y Cpp { g~~ ?1,000.00.
I'pp
OF THE CITY OF ASHLAND, CONTY OF JACKSON
ST'S OF OREGON
UNITED STATES 01° AMERICA.
FOR VALUE RECEIVED, the CITY OF ASHLAND, a municipal
corporation of the STATE OF ORI'' , promises to pay to the
holder hereof, the sum of
t THDUSAND DOLLARS
said stmt to be payable at the times, in the amounts, and in
manner as follows:
$62.50 six months from the date hereof, and $62.50 every
six months semi-annually there after until the entire principal
gura of this obligation sl°aRall have been paid, together with
interest on all unpaid bale= es at the rate of five and one-
half (5a) per cent per annum, interest payz I le semi-annually,
both principal and interest payable in legal tender of the
United States of wnrvrica. at the office of the City t ecorder,
in Ashland, Jackson County, State of Oregon.
The City of Ashland reserves the right to pay any multiple
of the sum of $62.50 on the principal of this obligation before
maturity and on any interest payment date.
°fhis obligation, both as to principal and interest shall
be payable by the City of Waand, SOLFZY from the revenues of
the eater Department of the City of Ashland and shall NOT
constitute a general obligation of std City within the meaning
of the Charter of said City respecting the limitation of Indebt-
edness and the holder hereof agrees to look to the water funds
and revenues of the Water Department of the City of Ashland for
payment, which funds and revenues, both preasent and Patc?xe, are
fully pledged for the payment of this obligation in priority
over any and all other purposes.
Tii s obligation is one of az series of Special, Obligation
dotes, given by said City, for the purpose of making payment
for a perpetual right to eight hundred acre feet of water
per year, purchased by said City of Ashland from the Talent
Irrigation District, located in Jackson County, Oregon.
IN !,,JJT `.)~a '4Fi2BX(3F, the City of Ashland has caused this
obligation to be signed by the Mayor and countersigned by the
Recorder, under the corporate saml of the City.
CITY or A.Sli AW,
COUNTERS IaMED:
$y
mayor.
Recorder.
PROVID0 TRTA, that note number 67 being of the de-
nomination of only $500.00 shall provides for payments thereon
in the owe proportion as set forth in the form of note given
above;
PROVIDZD FURTM, that while this contract contemplates
and is intended to mean, that all the funds now on hated in the
Water Department and all the future revues of said 'dater
Department are pledged for the making of the payments provided
for in this contract, yet, as a specific provision for the
meeting of the payments under this obligation,, the City of Ash-
land agrees that from the revenues which shall be received from
the sale of water within the City of Ashland, Oregon. there shall
be set a 4ide each month and in priority over any and all expen-
ditures, and in priority over and above any other purpose, and
as a sinking; Amd, a, sum suxficient to it omptly meet the payment
of the principal, and interest of the rates issued under and by
virtue of this agreement until all of said notes have been used,
for no other purpose than for the payment of said principal
and interest on said mates.
Y.
That the City Wees that after the execution of this con-
tract, that it will., upon demand by the District, lacy the ennu-el
operation sad maintenance cost of the irrigation systems propor-
tionate to the amount of acre foot herein purchased, and the
same as if the City had two bundresd acres under and within the
District, this payment in addition to operation and and ntenanee
payment provided In paragraph YII of the contract of March 21,
1924, covering the 600 acre feet heretofore purchased. Said main-
tenaence cost shall be inclusive of all replacement expense and
betterents to the system, but shall be exclusive of any cost
of new construction for additional, acreage, and exclusive of
any charge which may be made to take care of any other delinquent
irrigation a.ssesments aside from operation and maintenance
delinquencies, and further, exclusive of any and all charges
on account of interest on bonds issued by the District.
Vi.
That it is understood and agreed that the regulation of
the use of the water right herein granted shall be in the control
of the Board of Directors of the District, the same as all users
who are members and stockholders of the District, PROVIDED,
however, that the City shall net be required to use its water
herein purchased in rotation with any other users and shall have
a right to receive its water during the period of from the time
the District commences to deliver water to its own members and
users, to October let of each year, when and as desired by the
said City, SUS"CT, however, to the capacity of the digs of
the District delivering same, it being understood that the City
will be reasonable in its demands respecting the delivery of
said water.
Taatit is understood that the City of Ashland, in respect
to the six hundred acre feet already purchased, end in respect
to the two hundred acre feet herein purchased, is buying stored
water and is entitled to receive the same from the District
during said period each year, when and as desired. This pro-
vision is made for the reason that the City of Ashland ordi-
narily does not desire to use any of the water purchased from
the Talent Irrigation District until the latter part of the
summer and early fall. Consequently, the water must be held
by said District until called for, by the said City, subject,
of course, to regulations as to adequate notice of water require-
ments by the City from said District, and subject to other
provisions; of this contract.
VII.
That it is understood and agreed that in cases of a shortage
of water in the systems of the District, then and in that event,
the City shall only be entitled to its pro rata: shares d:xri.ng the
period of mc:h shortage.
Vill.
That it is mderstood that the City Is not to be restricted
in the use to v&ich it guts the water within the city limits,
the City being the sole judge as to how said water sballbe
disposed of within its limits.
IX.
Tbat it is to derstood that the District shall be obligated
to deliver water only to the city limits and after delivery to
the city limits, the responsibility of the District shall there-
upon eerie, and the City shall have sole responsibility and
authority over the delivery and distribution of Us water within
the city limitz.
r
That this cn atract, as a wholes, s3hall not be construed as
pledging the "credit" of the City within the meaning of the
Charter limitation imposed upon the Mgjor and Common Council of
the City of Ashland, but shall be a special obligation for the
payment of which, all of the present funds to the credit of the
Water Department of said City, and all the future revenues of
said Water :apartment are hereby irrevocably pledged and they
district agrees to look solely to nasal funds for such payment.
THIS AG M is executed in behalf of the CIT'E' OF ASHLAND
by its error and. City Recorder by virtue of authority , .ven at an
adjourned meeting of the Con non Council held on the 2nd day of
: camber, 1926, and. the TAL~2b'T MIGA.TION DISTRICT has also caused
t14s i.nstri ent to be executed by its Board of Directors and
attested by its Secretary.
ecated in presence of - CITY OP ASHLAND
LT 0. H. _a0lasuAT
savor.
CA"'A BLIP
CITY OF AMMM
BY GIMTR DE B IEDE
? ecorder.
Executed in Presence of; ALUT IMUGATION DISTRICT
W. M, BRIGGS By T. BLiY
H. K. 48ELA BY. R. Lf, AUB'(SOM
By L. A.. B=RO"'IN
Directors.
Attest
0. AI
Secretary.
STATE E ' ORMON
ss.
JACKSM COUNTY
On this the 7th day of December, 1926, before me, the under-
aikfrned, .a. Notary public in mid for tbo 3ta.te of Oregon, personally
appeared U. R. J01-DI M, the duly elected ani qualified Hayor
of the City of Azh1and and GFPTRMZ BI-21M, the cl+al.y elected and
qualified RACORURR of said City of Ashland, who, each beinr duly
sworn. did may: That 0. B. Jobnf~on Is the kyor of said City atad
Cartrude Blade is the Recorder of said City; that the seal affixed
to said inntnmient is the corporate seal of said municipal corpor-
ation, and that Aid instrument was signed and sealed in behalf
of sadd corporation by authority of its Common Coo c ll and said
O. H. Johnson axe. Gertrude Biede acknowledged said instrument to
be t-he free act and deed of said amicipal corporation.
L 711S,TIM011Y '`M. 0F, I have hareanto scat my hand and.
affixed my Official Seal this the day and year, in this my
certificate first above written.
My s:omission exj,ires;
21 - C 27
"w tin I"CBLIC 'Tub . z aa.
~~j
"',T OR ORLGC N
ds'.CKSQN MWTY
On this the 7th day of December, 19216, before me the under-
s:l hied, a Notary l Jc in and for the State of Oregon, personally
appeared 0. Arnspiger, to me personally known, who being duly
sworn did says That he is the Secretary of "t,he 'talent Irrigation
District, an irrigation district daily org zed, licensed and
existln -wider -md by 1ri nzte of the Laws of the State of GreA~on,
and that the seal affixed to said instr=ent is the corporate
seaal of said TLalent lrriMtion District, Y that laid in3trument
was signed and sealed in behalf of said district by mthority
of Its Board of Directors and. said 0. Arnop r ac: o ledged
said instrument to be the free act and deed of said corporation.
IN T: ST Q RMF, I have hereunto set my hand
and affixed Official Seal this the flay end y;ar in this my
certificate first above written.
My commission expires: U y ja