THIS AGREEMENT made by and between EDWARD A. CLIFFORD and JOSEPHINE CLIFFORD, husband and wife, hereinafter called first parties, and PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called second party,
WITNESSETH that
WHEREAS second party operates a reservoir know as Lake Almanor within a large tract of land in the County of Plumas, State of California, the boundary line of which tract of land coincides with a contour line which passes through the crest of the spillway of Lake Almanor Dam in Section 28, Township 27 North, Range 8 East, M.D.B.&M. (the elevation of said contour being 3.3 feet lower than the permanent bench mark described as follows: “On dam at south end of Lake Almanor; on bridge abutment at southeast corner of bridge, 8 inches north of retaining wall; copper nail imbedded in concrete bridge abutment painted on end of truss of bridge “U.S. 4513.5 P.B.M.” Inscribed on top of concrete abutment “4503.290”), and
WHEREAS first parties now own and may hereafter acquire lands in said Plumas County adjoining said contour line.
NOW THEREFORE, first parties hereby grant to second party, in said lands now owned or hereafter acquired by first parties all rights necessary for and incident to (a) the raising at all times, or from time to time, of the water in second party’s Lake Almanor Reservoir to, and maintaining the same at, the elevation of said contour line (the elevation of the water being measured on an undisturbed water surface) including, without limiting the generality of the foregoing, the right to flood or erode said lands now owned or hereafter acquired by first parties by wave action, seepage or other actions of the water, and (b) the flooding of said lands now owned or hereafter acquired, by reason of said water elevation being raised above said contour line due to action of the forces of nature or other circumstances beyond the control of second party, provided, however, that whenever said water elevation shall be raised above said contour line by any such natural action or circumstance beyond the control of second party, said water elevation shall as soon as practicable thereafter be lowered by second party to said contour line.
The provisions hereof shall inure to the benefit of and bind the successors, assigns, and successors in estate of the respective parties hereto.
IN WITNESS WHEREOF the parties hereto have executed these presents this 15th day of August 1957.
Edward A. Clifford (signed)
Josephine Clifford (signed)
PACIFIC GAS AND ELECTRIC COMPANY
By ____________________(signed)
Its Vice President and Assistant General Manager
And By ____________________(signed)
Its Secretary
* This document is a transcription of a copy of the original Clifford Deed. While every effort has been made to ensure its accuracy, errors may be present.