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South Santa Clara Valley Conservation District .:Jt. l ) J- ' . I :/oj Q...(,.v", . r 0-4.~. (/ t:.' cL/f' AJ O-.h" - ~J; ~ J;M~_Il. J) \ '- I, ,/l r.Z ~ ;(-, - (1- 2 7 ~)4x.. .' ..... ..~.) ", _..J-J\J ~.t:,.,), J/ 11 ;. .., fU.!D fOtM'CiftO , .'P ,-) ;:ijl" : ~f\'l I;'!' /) ,;..!". ,.;"('i"\"'~"'''''V<''' :~ t. ."..,;~. '..-(1..., ,. ,_\~ t: Ie 5 ft 'rB \.i'r r 1'....! .;~,1-, R t. cur?'.) :-:;: THIS A.GRE~rr, Made and entered into this 22nd day ot,~NTA .;...,uv C('Vt1f April, 1955, by and between CITY OF GILROY, ii. municipa.l ~r:~~ eorporat 1on, hereinaftE:r called the City, party of the first part, and SOUTH ~A. ClARA VJ.LmY WATER CONSERVATION DISTRICT, a public corporatiaa, hereinafter called the District, ~arty qf the second part; WITNBSSETH& That, whereas, t be party Jf the first part is DOW &Rd ever since the :year 1880 approximately has been the owner of a water right acquired Qy ~ppropr1atlon on the Uvas Creek civ1a& it the right to take from such creek the water that "1' -H 'If..... ;. .... . "'-4 ',. "1- ~~ will till a 12-ineh oipe, the point of diversion being on premises now or foraerlv oWDed by Kell, comprising about 22).63 acre., and being the same property described in the deed from Occidental Investment Company to Minnie A. Kell, dated the 11th day ot Februa~y, 1918, and recorded in the office of the County Recorder of Santa. Clara County, in Book 469 of Deeds at page 340, sa.id premise~ beine located in Section 12, Township 10 South, Ballle 2 East, M.D.B.&M., at which point of diversion the City h", heretofore erected or constructed a divers10A dam and attendant works to permit the transportation of water from the said creek through a pipeline operated and owned by the C1 ty to the eity res.noir; aDd, WHBRKAS, the said District is about to becin eonstruction .r a daa on the said Uvas Creek tor the purpose of cODserviac the waters thereof in accord~c. with and for the purposes set forth in Report Ita. ~ ot Messrs. Black1e &: Wood, Engineers for the District, t111d 1. the office ot the 30ard of Directors of the sal. Distrlet, and alao in acoordallft with a permit issued bT the' , Dln,loll ot Vater a.sourc.s ~ the Depart..nt ot Publie Vorkl, ....t. Pac1..er's otf1c., ot till ltat. of C&lUorni., author1:ziq , (t~trto, to Oppl'opI'1ate )8,000,001'0 root or watol' or the sa14 /".:~tr... tor .....nat1o. P'lWPM'" and, ".;:~:' l, ... 1', UM,~' pJ'M6J1d M4 be,t pIao. for the Ji1str1.' ,/ "':;."$' '~ ;;.t.,.. ...,_. .:J_,;~~,}--..,.."",,_.... _ ..i~-Io!>';"';'. ~'oik'; ~ , .~_. O'-^"~ ~~~ ilL _ - ...:I Ll_~,._."___,,..,~ ,', J'" i 0" .i "Y..;~ ' )) ; J I ~~L I . _ I ,I ! to c'''''''''''-'!:r'h.:-<-i,s "'al(~ 'lane is',t. th'3 lncatlon (,:,r t.Le 'aid -:ram of the City of Gilroy, and :he said District desires tn utilize the area, a part ('f wh1 ch 1 s oCcupied by the sa id C 1 ty of Gi lroy dam and diversion works, for the construction of its aforesaid dam, " and rles1res to obtain the acqu.l~senceand ~onc;er;t of the Cityto construct the <:;a1rl ~8.rr at said Dlac~, .t:Ind the Clf,li,4 Citv i" Willing to give its acquiesence and consent to the ~a1d District upon the conditions herein set forth. NOW, THEREFORE, IT IS AGREED. BY lND,.BETWEEN THE PARTIES ~ \ ImRETO is FOLLOWS: i.~ '-. <" That the said City does grant to'thes'a.ld District all its . ,,;~. right, title, and interest in and to 'that "por.tion of the said land upon which the said District desires to: locate and com:truct 1 ts aforesaid dam and the re servo1r si t,e.: sPillway, and incidental 1tOrks to be constructed and prOVided by 'thesaia" District, and to enter upon, in, and across any premises, land, 'or water belonging to the said City adjacent to the damslte and res~rvoir site and :.: other works to be constructed or the use of. 'which':,may be required by the District in the construction of its 'aforesaId dam and incidental works, inClUding the construction ofa~l1n. 'trOll 'the reservoir to the L1agas Creek. In consideration of the foregOing, the said District does agree that it will so construct its said dam and incidental works as to provide 1000- acre feet of water per year, if available, from the water impounded by the said dam and the stream flow, for the benefit and use of the City of Gilroy and its inhabitants, and construc t and prOvide an Clutletilo tha t the said City may tran~port . said water through the Pipelln~i;nOWy.Jtistlng, or any other pipeline ~'li .~" ~ by the, City, to the to permit the taking municipal ot Black1. It '1 'A ""\/')11' ;. ~ 1'.~r7$ bIJ{,l1'\" J ..1. ",i-l.,. Wood, Engineers, of San Francisoo, California. The ~a1d works ~hal:: include the construction ot . water tower, or other dey:tce which will permit the City of Gilroy to take water from the reservoir of the District at any time the .ater level therein is at, or above, the 410 toot 8levation, or approxiaately that elevation, it it is entitled to water theretroa under the provisions of this agreement. The said 410 toot e1ev.tion shall not be devi.ted trom to such an extent as to prevent the City ot Gilroy tro. obt.ining the quantity of water it 1. entitled to hereunder it it is otherwise .vailable. The outlet, or take-ott, tor the City of Gilroy w.ter supply sh.ll be furnished and inatalled b7 the District, but the connection ot the City pipe line with the nid outlet, or take-ott, shall be ..de .t the expense ot the City, which shall also provide and install . .eter or other ..asurinl device to show the quantity of water the City ot Gilroy is Obt.inilll. It is understood that the present water rights of the City ot Gilroy are not to be diainished or restricted in any way by this .<<reeaent, but that on the contrary it shall be entitled' to such an additional supply ot w.ter provided by the works to be constructed by the said District .s will give the said City a total .nnu.1 supply, including that which it now has through its present water rights, of 1000 acre feet of water per year, or so much thereot as the supply ot ..ter in the said creek makes available. In ,.ara of excess supply, ao IlUch thereot .s can be used bT the City and the District shall be divided a. ..y be .crtect upon by the loverning Board. tbereot, and it no acr....nt can be reached in .ny one 7e.r, the quantity to be taken b.r the City and the District during that year shall be determined b7 .rbitr.tion, each party to select an arbitrator and if said two ,arbitrators are un.b1e to .cr.. within a reasonable time on the quantity, . then said arbitr.tors sh.Il select a third arbitrator, and the .gree- I18nt ot any two ot the three arbi tra\ors sball be binding upon both partie. to this .cr....nt. 3 ------....-.--'...-".-.-...---.-,- _""':...1IIf!...':-..':.."!"_:_.__.... .__.,...~.._.,_.,'"._ ..,. ,'A. ~."."",,,,,,,.,,....,..,...,,.._~._.~__.__._ _._._ '--~-"",'_'_"'.'_"-'_."'''''~'' - ~ .,,, . ,- '.' . ~.) - ~ 8DO;(.... JJl C'l!f,[?cr-. .-14,. '_ fH' As a further considera tion for tile rights and pri vileges herein transferred by the City of Gilroy to the ~aid District, the said District does hereby give the City the right to use such part of the rig; t of way which the District must secure for a pipeline nr conduit from the Uvas Dam to the Llaga~ Creek not oCClpied by said pipeline or conduit, for a City pipeline tromthe said Uva. Dam to ~ch point in the said right of way as may be selected by the ~id City, subject to ....... the conditions and require..nts and restrictions contained in the acreementl made by the said District with the ~rl ot .arious properties throu&h which the said right of way extends, relating to the rights of way and the uses to be made thereof, particularly insofar a5 said agresnents refer to the right given to the City of Gilroy; any pipeline installed ~~ the City to be so constructed and installed as not to intertere with the said f)j ~trict 11 ne or <D ndui t on said right of way. The City may enter upon gaid 1'1 ght of way to repair its said pipeline and to maintain and/or replace it or portions of it, but in so doing must not interfere with rr damage the District conduit, and any injury that may occur thereto because of installing, repairing, or maint- aining said City pipeline must be immediately repaired by said Ci~; said City also agrees forthwith to pay the amount ot dams ge tha. t may occur to any crops, vi nes, g raises, trees, or other productive vegetation that may oe de~troyed or injured by reason of the construction, repairing, maintenance, or replacement ot its said pipeline or any part thereof. The said District does not undertake, &nd it Is not a . part of its agreement hereunder, to do anything to purify or improve the quality of the impounded water or any water which may be obtained by the City through, or by, the .. ,>- M _,___, I"II~ ";/~H'ks (f' tr.t€ Dtstrlct" .~:]'JJJ ",' , """. ~ , IN '.ll'1'1r,T"!:'('" "p,?"'r' JF ,l! i'i ...".A . ~ r 1>,.) U 11( ....:....JIL' 1\" , the pa:rtie~ tc. tL:1.s agref.:mw ha.ve by Resolut 1:1[1 duly adopted by the govern:lnc Boards therRof, to be duly executed bY' the prC)per caused thi S ?ireem€ nt " ......., officers tdfeFJ~iiAb€ .~ "\. . :</ J.~ .~ . "~ '.'. -~~,:', ~~' f . day and year first hereinabove '....'rjtten" :, .... C' ' .'?/.'~u : 0\,\': , J'.....~ ~ ~~ ,,:t:.,' ......' " I) IJ'.'............'. \l-~' , 4T[D ", :-,.-~ \ j~\ c:: ~.~' .. By: Mayor st a y ,,, . , SANTA CLARA VA.LIEY ..<~:;,~ .;~. '. WAfER CONSERVATION DISTRI?~:X~.~')< ~..; ,.t~... ~~~1fC ,ci;f~:::::~:i '" <" _.t, ';I,. -", ~, "".j;'-...~~..-~ "PY'J-'\ \, . r,,~.. ",;, ..,' , {s;' .. : . -.....; .... Seco~ Party l~'..T. )F ~AL IFOD ir~ s. County of Santa Clara ) On this 22nd day of April, 1955 before me, SYDNEY S. JOHNSON, a Notary Public in and for said County a~ state residing therein, duly cOJllDlissioned and sworn, personally appeared GEORGE M. MASON, known to me to. the Mayor of the City of Gilroy, the municipal corporation described ", at executed the witl.in instrument and also .In<7wn to me to be ,'J:.{' - .. 'who ..ecuted the said instrumenl on behal1' of the City of Gilroy t ~~~~. ' " ledCed to me that said City of Gilroy executed the same. '~;;~~ . ~IESS W iBREOF, I have ~,*9.~fn cia~.:~ the day and year in t~, "i'" .....-If:.:: "'~~'~ '~..:....~..,,_::' ":"\\'--..:,-",-:-::---- -:,- My commission expires March STATE OF CALIFORNIA ) ss County ot santa Clara ) On this 22nd day of April, 1955 before me, SYDNEY S. JOHNSON, a Notary Public in and for said County anA State, residing therein, duly cOllDlissioned and sworn, personally appeared ELMER J. CHESBRO known to me to be the President ot South Santa Clara Valley water Conservation District, a public corporation and P. A. COX Secretary ot South Santa Clara Valley Water Conseryation D!strict, a publIc corporation, described in andtbat ' executed tha within inltrument, and also ~to me to be the persons , " 'cuted the within '1natrwaent on behalf or the corporation therein ,"'~ they acknowledged to me that said South Santa Clara Valley ~ tion District executed the same. ~ . <J ,- ';" , ' t. .. ,/,;,,:~~~~,,: " '}J.VlTRFSS WHEREOF, I have reunto set my ...'~1at""1 the day and year in is Certificat '\l~ ~ ,~" ~~~~?rn~;";': Jf ' '. -~. ' ", "~>t, ~,~sI1o..xp1r.s ed ID7 itten.