HomeMy WebLinkAbout2097 WHEREAS, the District desires to remise, release and quit-claim
unto General any right, title, interest, claim or demand it may have
in the canals located on the Property, formerly Known as Canals
103, 104, 105, 106, and 107, as more particularly described on
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Schedule B, initialed by the parties, attached hereto and by this
reference made a part hereof;
WHEREAS, General desires to grant the District a non-exclusive
easement to drain, flow and conduc.t gravity flow water into and
thrQUgh the property r3escribed on Schedule A, initialed by the parties~
attached hereto and by this reference made~a part hereof, a non- _
exclusive easement to maintain the property described on Schedule A
and the right of ingress and egress solely within the property des-
cribed on Schedule A in order to exercise either of those easements:
N~W, THEREFORE, in consideration of the premises and other good
and valuable considerations, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1. The District hereby releases and terminates the Reservation
insofar as it affects the Property.
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2. The District and General hereby terminate the Covenants and
Agreements, together with all rights and obligations arising therefrom,
insofar as they affect the Property.
3. The District hereby remises, reZeases and quit-claims unto
General all right, title, interest, claim and demand which the
District has in and to the property formerly known as portions o£
Canals 103, 104, 105~ 106,~and 1Q7, as more particularly described
' on Schedule B, together with a1.1 and singular the appurtenances
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; thereunto belonging or in anywise appertaining, and all the estate,
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; xight, title, interest, Zien, equity and claim whatsoever of the ~
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~ District to that property either in law or in equity, to the use and
` benefit of General forever. t
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4. General hereby grants the District a non-exclusive easement
to drain, flow and conduct water into and through the property des--
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; cribed on Schedule A; provided that the flow of water is propelled
- i~}~ ?n~ thrn»Qh t-he property by gravityo unly, a non-exclusive ease-
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ment to maintain the property included in Schedule A, and the right
; of ingress and egress solely within the property described on Schedule
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; A in order to exercise either of those easements. The District shall
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not be obligated to exercise either the right to drain, flow and con-
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_ ' duct water cr the right to mai:~tain ~ranted herein. P~~~
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