HomeMy WebLinkAbout1934-012 Assignment of Interest in Water Right Contract - Homes
C;riginal recorded in Voluu,e A Pape 65 et sequor, Jackson County, Ore-on,
a~: w . [ 'VIA _ A RIRLR Mafia
ALAWa4, in than Circuit .;ourt of the States of Oregon in and for
Jackson Cowity, in €i suit styled CITY OF "UAN , a municipal corporation,
vs. Vl; a C. 1!(A , and LINa6 MMXS CAR=, a settlement thereof was reached
on the 27th day of ;'ebruaatry, 1034, urouant to stipulation filed in said
cause, a copy of -ihich stipulation is hereto attached, and made a part
hereof, and is designated as Lzhibit "0; and
WHO"s, pursumt to said stipulation the said City not .Ashland.
a&;~rood to Firansfe- to said .1`i ~.+`S.0. Nmou wZ 1,us Le Hums Carter, five acre
feet of water owned by the said City under and pu.rsumt to a, certain contract
between the said City &aid tits .'aaleut Ir ri tlon District, wlAch said contract
is dated member Z, 1926, 'and Is r. ecordepa In Ural ame 163 at Pages 101-105 of
t1w Jackson County, Oregoa, :Dosed Uscords, fully subject to t hie provisions of
said contract, except that a, suitable: polut of diversi(A small be arranged
between the said Talent Irrigaa.tiou -zAstri.ct aud said "ared C. Uo"s a
xsaune downs Carter, a.`na exc *pt thut the placer of use for the water so
truasf erx'aw4 dial. be designated as ti ''F uwas ch" in O'c tiou 13, Township
39 outh of 14n" 1 Last of Vas t'i,llaamette iaaridia , in Jack-son County,
tlre~o~a:
» t a, a rii, C4", Z or value riz ecai.v6d, the 41`x'1' ' A~LL a municipal
corporutiuA of the Ztata of 0rsgcn, oA Wa .zran Wunv;y, ~t~z~ar;s*cau, does hereby
sell, 1-.ran nzfor, and aa<s .ipA wets Aa ed 0. L{ ,as asud 4ut=l ne Homes Carter, as
right to five acre: feet u iuipounded water fro the Taleut irri. Lion
District, heretofore purw zee front Laid District by said uit;y, by virtue of
and pursuant to the contrast hereinabova designated, a copy of whIeIx contract
is hereto attached, mrsr d hibit "B", :laud 4.4ch copy Is hareby referred to
aand made a part Jeri o.`, U42 assi en4 of ;,z4OL five acre feet being made
fa:,i,ly sur3,}ect to the z`-.Yva proviAaaa or ca ld contract, and, fully subject
t,p the liability cf the a asi4aoes for tia~: ~rcaa~~a ~ payment, of povportionate
magi ntou nce char ees rcaq ax,red. t1loraby, and including in this assignment all
benefits which would belong to the aassiepor in the use of said water so
transferred and alassi led in case this assignment and transfer had not bem
made.
-l-
It is understood that the Talent Irri tion District will
designate for the assignees a. suitable and convenient place of diversion
for said five acre feet of water included in this assi 6, and will
pert the use of said water on what Is Imown as the "Homes Ranch" in
Section, 13, Township 39 Louth of Rse e 1 last of the Willamette Meridian.
In Jackson County, Uregon, with the saw benefits and same liabilities was
bare imposed oa the aasslMor, proportionate to the amount of water herain
transferred and assia ed.
This Instrument is executed, by the said City of Ashland, pursuant
to authority of its Cca.gwn Council, by the a►yor and. Recorder of said City,
this 4th day of April, 1 04.
{ ,TTT OF A TRAXil
or
CITY C.,a`
, ecorde'r
vtiut' tY of Jackson
Wa tkds 4th day of April, 144, be 'ore ute, the undarsia~ned a Notary
:[public in d for ti* above named Stater and County, personally appeared J.
A.JAAS. to me ersou.- .ly known, who, beixw by me first duly sworn, did say
that he is tha duly elected., qualified and actin; Recorder of said City of
Ashland., a :tunlcipal Corp-oration, red that the seal & Biwa to said instrument
is the corporate seal of said Municipal Corporation, and that said instrument
was sigped and sealed in behalf of said Runicipal Corporation by authority of
the Council of the 'amity of Ar'aland., Z said Ali w ackaowlcdged said
instrument to be the free act and dead of said municipal Corporation.
IN dd I=P, I have barounto subscribed my name and affixed
my notarial seal the day tuid year last above written.
rZnt,ary Public for ~,Ye , n
gy, - Corm's ai<ln ,-~x;)ires:
46221~ 1 147 21-1
_3..
IN CI tYIT COURT Or M STA or ORWON
IN W11) FOR JACKSON COUNTY
c I` Y OY ,A 4FjASD, a e iaipa l SUIT I T I CTI
co ration,
Plaintiff,
vsa.ZtJ7°fIE
C. HWXS and SUS
HMV6S ,
ref )
As ac basis for settlement of the Wsm entitled natter, in the
above entitled court and e,
IT IS Y MULAT 3 AND AMMD by and between the City of
Ashland, a w aicipal corporation, acting by and throw its attorneys,
Ift. 9. Briggs sad frank J. Van Vie, and Vrod C. Homes and Susarme Home
Carter, acting by and tbroupb their attorneys, Chu N s
1. That the dsfoadents relinquish to the plaintiff all claim to
four-fife ae (4/8) of the egat a now of water from v tot to known as the
Be*4sy Spring, being, the spring, involved in Me suit, said flag being
estimated st approximately twenty (2) gallons per mi n aate.
2. Sat tho plaintiff relinquish all claim to oneo-fifth (1/$) of
the o tear flow of the watere of said spring.
3. ►t the plaintiff " and grant veto owh of the detw tk"
the right to tap any pure line now existing or which meW be installed by
plaintiffs, with are three-quarter (3/4) Inch taps for the service of the
dwelling of the defendant Prod C. ids, sad . for the service of they dwelling
of the defCoodant gussm* ►en Carter, or for my future dwelling of each, or
their successors, abiah shall take the place of those now exleatW, said tape
to supply water from said plaintiff e s pipe line for b ld u such as
bath and toilet fixtures and for watering of stooks, but not for &W i tion,
and said use on saab service tap is not to exceed the , soWspate amount of
two hundred (200) gallons per day.
4. AM the plaintiff install at its expense suitable equipment sad
measuring devices so ae to furnish the defendants with ooo- fifth (1,/5) of the
Page -I- stipulation
flow Of said epri , at tali' the point ro divsersion is now was#
said one-fifth (1/5) flow of said app to be VA&eratood to be In SWUM
to the service taps mentioned above.
5. That In the went the plaintiff oboul,d succood In Increasing
the flow of said spriaau* at tutu" data over the said Present flow#
estimated " being twenty (:0) lont per ate, that the said PIAIUtiff
is to MWO all of the benefit of said Swre"Od flag.
d. ►t the plaintiff, as compensation to the defendants.
within ninet8 (90) da from date heroof, to sip the def is a certificate
of water right from the State Water Board of the State of Qrepic n for five (S)
oars toot of carter 1sd by the Talent Irrigation District, odd water
right to be an the woo , stipulations conditions as exist in that
certain contract Ust"M the City of Viand and tU Talent 1rrt#;&tiera Astrict,
recorded in lame 163 at se 101.105 of the .Ta*s= County. Oregon. Deed
ecetords.
7. That in the event the said plaintiff' to unable to furnish the
Said ,certificate of water aright within the period above mention", than and in.
that event the above sti t shs.11 be considered =11 and void,, and the
parties tboreto shall be deemed to be in the same position ast tbowth said
stipulation had wear been eater" into. t upon the compliance by than
plteintiff of the teases of this stipulation, Ole cause 1 b dismissed
without costs to either party.
AW9D this Vth day of + roary. 1934.
.ettorrn for p1nintiff
G'
Attoarney for defendants
fto +.,a- tipalation
r
AG r
E
WaREAS, on the 21st day of March, 1924, the City of Ashland
purchased from the Talent Irrigation District six hundred 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 meetings 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-
WHEREAS, 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,-
ROW TORE, this Agreement, made this 7th day of
December, 1926, by and between the CITY OF ASHLAND, a municipal
corporation, herein designated as the City, and the TALENT
IRRIGATION DISTRICT, being an irrigation district duly organized
under the laws of the State of Oregon, herein designated as the
DISTRICT,
W ITN.ESSETH:
1.
That the District does hereby agree to furnish unto the
City, from the irrigation system of said District, two hundred
acre feet of water, annually, for the compensation, and under
the stipulations and conditions hereinafter set 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 lst, of each year, at
the city limits, the point of delivery to the city's ditch or
PMe one.
intake being approximately 850 feet south of the southwest
corner of D. L. C. No. 45, said deliverer to begin with the
irrigation season of 1927.
`fhat in connection with the receiving by the /dity of said
water from said District, it is understood and agreed that the said
City is to have the right to install and construct suitable
meters and spillways at a point or points mutually satisfactory
to City and District to control as nearly as practicable the
receiving of the water 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.
III.
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 sum
of $21,540.00 for said two hundred acre feet of water, annually,
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; numbers 46 to 66 inclusive to be of the denomination
of $1,000.00, and note number 67 to be of the denomination of
$500.00; said notes to bear interest from January 1, 1927, at the
rate of five and one-half per cent per annum, payable semi-annually
all of which notes shall provide for the payment of the prin-
cipal at the rate of at least one-sixteenth thereof at every
semi-annual interest payment date; said notes to contain the
provision that they are psIyable solely from revenues of the
water department of said City of Ashland and shall not consti-
tute a general obligation, and which notes shall be in fo na
substantially as follows, to-wit:
No. X1,000.00.
SPECIAL OBLIGATION NOT.;
OF THE CITY OF AMAND, COUNTY OF JACKSM
STATE OF OREGON
UNITED STATES 041 MERICA,
FOR VALUE RECEIVED, the CITY Or ASHLAND, a municipal
corporation of the STATE OP.OREGON, promises to pay to the
holder hereof, the sum of
OPT, THDUSAND DOLLARS
said sum 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
sum of this obligation shall have been paid, together with
interest on all unnaid be.lanzes at the rate of five and one-
half (52) per cent per annum, interest payable semi-annually,
both principal and interest payable in legal tender of the
United States of America at the office of the City Recorder,
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 pent date.
?Ias obligation, both as to principal and interest shall
be payable by the City of Ashland, SOLELY from the revenues of
the Water Department of the City of Ashland and shall NOT
constitute a general obligation of said City within the meaning
of the Charter or 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 present and future, are
fully pledged for the payment of this obligation in priority
over any and all other purposes,
This obligation is one of a series of Special Obligation
Motes, ;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 WITNESS i¢T"ERZ(7F, the City of Ashland has caused this
obligation to be signed by the Mayor and countersigned by the
Recorder, under the corporate seal of the City.
CITY OF ASIMAN.D,
COUNTERS PINED:
By
Mayor.
Recorder.
PROVIDED xURTBER, that note number 67 being of the de-
nomination of only $500.00 shall provide for paymentn thereon
in the same proportion as set forth in the form of note given
above;
PROVIDED FURTHER, that while this contract contemplates
and is intended to mean, that all the funds now on hand in the
Water Department and all the future revenues of said Water
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,Ade each month and in priority over any and all expen-
ditures, and in priority over and above any other purpose, :mad
as a sinking fund, a scam sufficient to Ir omptly meet the payment
of the principal and interest of the notes 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 notes.
V.
That the City agrees that after the execution of this con-
tract, that it will, upon demand by the District, pay the annual
operation and maintenance cost of the irrigation system propor-
tionate to the amount of acre :feet herein purchased, and the
some as if the City had two hundred acres under and within the
District, this payment in addition to operation and maintenance
payment provided in paragraph VII of the contract of 11arch 21,
1924, covering the 600 acre feet heretofore purchased. Said main-
tenance cost shall be inclusive of all replacement expense and
betterments to the sy tern, but :~r1al l be e.cc l us ive of atay cost
of new eons;,rt:ctiori for additional acreage, and exclusive of
any charge which may be made to take care of any other delinquent
rr gation assessments 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 ri&t 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 not be required to use itcs 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, ~M; JZCT, however, to the capacity of the ditches of
the District delivering same, it being understood that the City
will be reasonable in its demands respecting the delivery of
said water.
Thatit is understood that the City of Ashland, in respect
to the six hundred acre feet already purchased, and 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 'T'alent 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 case of a shortage
of water in the s<vstems of the District, then and in that even
the City shall only be entitled to its pro rata t,
period of such shortage„ share during the
VIII.
That it is understood that the City is not to be restricted
in the use to which it puts the water within the city limits
the City being the sole
Judge as to how said water shall be
disposed of within its limits.
IX.
That it is understood that the District
to deliver water only to the city limits and after delivery to
the city limits, the responsibility of
the District shall there-
upon cease, and the City shall have sole responsibility and
authority over the delivery and distribution of the water wi thi
the city n
limits.
X.
That this m ntract, as a whole, shall riot be construed as
pledging the "credit" of the City within the meaning of the
Charter limitation imposed upon the bfayor and Common Council
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
dater Department of said City, and all the future revenues of
said dater Department are her:el?
y irrevocably pledged and the
District agrees to look solely to said funds for such payment.
TAMS AG=WT is execrated in behalf of the CITY OF ASHLAR
by its J~__~ or and %ity recorder b D
Y vi rtue of autljor tY ~11;iven at an
Q~a.~jour;ied r, eating of tlio COMmQ,1 Council held on tl 21d
y of
Dedenber, 1926, and the TALENT IRRIGATION DISTRICT has also caused
this instrument to be executed by its Board of Directors and
attested by its Secretary.
Eaecu.ted in Presence of: (SEAL)
CITY OF ABZ~,AN?~
"SIM L BRIGGS
BY O. Fl• T01Mg T
CA,j,I+A nI JP-V--Mayor.
CITY OF AHHLAID
BY GYPs•R.-L)E BIEDE
Recorder.
Executed in Presence of: TALENT IRRIGATION DISTRICT
• MI. BRIGGS
BY 10- T. INEWBRY
H. K. HANNA 73y R. 21. POBISOu
By A. 73~tOn,,I
Directors.
Attest:
(SLA,L)
0. ARN!,IPMAM Secretary.
TST/AtTjt;;t~C~?F /OREMONT ~
On this the 7th da.J- of December, 1926, before me, the under-
si ed, a Notary Public in and for the State of Oregon,
appeared 0. N. JOIi'imsau, the duln elected sni, nj , . i,ed personally
Mayo
of the City of Ashland 4nd. OTERTRUDE BIEDE, the duly2elec
tedrand
qualified ''CCRDER of said City of Ashland, who, each beinT dul
sworn did. spy: "J."r ,t H. Johnson is the Mayor of s,9-id City and
Certrude Biede is the Recorder of slid City y =nd
, that the seal affixed
to said instrument is the corporate seal of;said municipal orpor-
P.tion, and that said instrument raa si,~~ed al'id seaicil, in behalf
of s,+id corlacara,tion by authority of its CoraLon Council and said
O• H. Johnson and. C rtrnde Biede acknowledged said instrument to
be the free act and deed of said municipal, corporation.
IX TESTIMONY I have h,^reunto set my hand and
affixed v Official Seal this the dray and y;.zr1 in this my
certificate first above written.
. iy con--aission expires:
2-5-27
IGGS
",TOM -ply T-77 707-', "DR-241GON.
SEAL,
7 TATTY OF OREGMT 0
0 so.
JACKSw COUNTY I
On this the 7th (4ay of December, 1926, beforo me the under-
signed, a iTota,ry Pii)lic in and for the State of Oregon, person.a..ly
appeared O. Arnzpiger, to me personally %nown, who being- duly
sworn did say: That he is the Secretary of the Talent Irrigation
District, an irrigation district du"-,y org; ized, licensed and
existing ti:M.er and b6= virute of the Laws of the State of Oregon,
and that the seal ai`fixed. to said. instrument is the corporate
seal of said Talent Irrigation District, and that said instrument
was signed and sealed in behalf of said district by -a.thority
of its Board of Directors and said 0..Arnspiger acimowledged
said instrument to be the free act and deed of said. corporation.
IN TESTIMONY R30 , i have hereunto set my hand
and affixed my Official S-a1 this the day and year in this my
certificate first above written.
Uy commission expires:
NO MY F IMIrC FOR OREGON.
vTi