The Red River Lumber Company Deed*

 

This INDENTURE made this 10th day of June, 1935, by and between GREAT WESTERN POWER COMPANY and GREAT WESTERN POWER COMPANY of California, both California corporations, hereinafter called first parties, and THE RED RIVER LUMBER COMPANY, a Minnesota Corporation, hereinafter called second party,

W I T N E S S E T H    that:

For and in consideration of value paid them therefore, the adequacy and receipt whereof are hereby acknowledged, first parties hereby grant to second party the following described real property and/or interests in real property situate in the County of Plumas, State of California, to-wit:

 

I.            All those portions of the following described real property lying above the contour line which coincides in elevation with the crest of the spillway of Lake Almanor Dam, said elevation being 3.3 feet lower than the elevation of a 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'; to-wit:

 

Township 27 North, Range 7 East, M.D.B.&M.:

 

The southwest quarter (SW) of the northeast quarter (NE) of Section 1; the southeast quarter (SE) of the southeast quarter (SE) of Section 3; the northeast quarter (NE) of the northwest quarter (NW) and the northeast quarter (NE) of the southeast quarter (SE) of Section 11; the south half (S) of the southwest quarter (SW) of Section 12, excepting therefrom a parcel of land containing 1.93 acres, more or less, and described as beginning at a point in the westerly boundary line of said section 12 distant thereon north 0 degrees 38 minutes west 699.9 feet from the southwest corner of said Section 12 and running thence along the westerly boundary line of said Section 12 north 0 degrees 38 minutes west 310.0 feet to a point in the southerly boundary line of a 40-foot county road right of way; thence along said road line south 73 degrees 32 minutes east 93.7 feet; thence along the arc of a curve to the left with a radius of 420 feet for a distance of 193.3 feet; thence north 80 degrees 06 minutes east 19.6 feet; thence leaving said road line south 0 degrees 38 minutes east 272.5 feet; thence south 89 degrees 21 minutes west 300 feet; more or less, to the point of beginning;

 

Township 28 North, Range 7 East, M.D.B.&M.

 

The southeast quarter (SW) of the northwest quarter (NW) and the northeast quarter (NE) of the southwest quarter (SW) of Section 8; the southwest quarter (SW) of the southeast quarter (SW) of Section 11; the southeast quarter (SE) of the southeast quarter (SE) of Section 25; the west half (W) of the northwest quarter (NW) and the northwest quarter (NW) of the southwest quarter (SW) of Section 36;

 

Township 38 North, Range 8 East, M.D.B.&M.

 

The southeast quarter (SE) of the northeast quarter (NE) of Section 19; the northwest quarter (NW) of the northeast quarter (NE) and the southeast quarter (SE) of the northeast quarter (NE) of Section 20; the southwest quarter (SW) of the northwest quarter (NE) and the northwest quarter (NW) of the southwest quarter (SW) of Section 21; the northwest quarter (NW) of the northeast quarter (NE); the southwest quarter (SW) of the northeast quarter (NE) of the northeast quarter (NE), the southeast quarter (SE) of the northeast quarter (NE) and the northeast quarter (NE) of the southeast quarter (SE) of Section 28; the west half (W) of the southwest quarter (SW) of Section 27; the northeast quarter (NE) of the northwest quarter (NW) and the southwest quarter (SW) of the northwest quarter (NW) of Section 30: the southeast quarter (SE) of the southwest quarter (SW) and the west half (W) of the west half (W) of Section 34;

 

Township 27 North, Range 8 East, M.D.B.&M.

 

The west half (W) of the west half (W) and the southeast quarter (SE) of the southwest quarter (SW) of Section 3; the northeast quarter (NE) of the northwest quarter (NW), the southwest quarter (SW) of the northeast quarter (NE) and the west half (W) of the southeast quarter (SE) of Section 10; the northeast quarter (NE) of the southwest quarter (SW), the south half (S) of the northwest quarter (NW) and the northeast quarter (NE) of the northeast quarter (NE) of section 18; the northeast quarter (NE) of the northeast quarter (NE) of Section 20;

 

excepting herefrom, however, and reserving to first parties, their successors and assigns, all waters and water rights and rights to the use of water flowing or to flow in, to or upon, through or across, any and all of said real property hereby conveyed; provided that second party, its lessees or grantees, shall have the right to make all such reasonable uses (other than power uses or purposes) of said waters as will not involve the conducting of same outside of the watershed of said Lake Almanor, and which shall not materially injure the quality, or materially reduce the quantity, thereof.

 

II.      All timber located on lands now owned or hereafter acquired by first parties in Townships 27, 28, and 29 North, Range 7 East, and Townships 27 and 28 North, Range 8 East, M.D.B.&M., lying below and within the boundaries of said contour line, and also the right and authority exercisable subject to the restrictions and limitations herein specified to enter upon and over all of said lands for the purpose of cutting and removing all of said timber in such manner and at such time or times as second party shall elect so to do, including the right to construct and operate railroads, hoisting works and other equipment across and upon said lands or upon the waters of said Lake Almanor for the purpose of handling and removing said timber, and to construct and operate in and/or upon said waters such piers, booms, head works, tug boats, rafts, trestles, bridges or any other type of machinery, implements or devices as second party may deem necessary or useful in handling and removing said timber as well as for handling timber cut by second party from any other lands now owned or hereafter acquired by it along and above the aforesaid contour line.  In the exercise of said rights second party shall not interfere with the full and unlimited use by first parties of said Lake Almanor or the lands embraced in the site thereof as a reservoir for collecting, impounding and storing water for use in connection with the purposes for which said reservoir has been or shall be constructed, maintained and operated by them.

 

III.    All those portions of the following described property lying above the contour line whose elevation is 38 feet higher than the elevation of the crest of the spillway of Butt Valley Reservoir Dam (as now constructed in Section 13, Township 26 North, Range 7 East, M.D.B.&M.), to-wit:

 

Township 26 North, Range 7 East, M.D.B.&M.

 

Lot 9, the west half (W) of Lot 8, the west half (W) of the southeast quarter (SE), the southeast quarter (SE) of the southeast quarter (SE) and the northeast quarter (NE) of the southwest quarter (SW) of Section 2, the east half (E) of Lot 5, the east half (E) of Lot 9, Lot 6, Lot 7, Lot 8, and the east half (E) of the southeast quarter (SE) of Section 3; the northeast quarter (NE) of the northeast quarter (NE) of Section 10; the northeast quarter (NE), the east half (E) of the northwest quarter (NW) and the northwest quarter (NW) of the northwest quarter (NW) of Section 11; the northwest quarter (NW) of the northwest quarter (NW), the southeast quarter (SE) of the northwest quarter (NW) and the south half (S) of Section 12;

 

Township 27 North, Range 7 East, M.D.B.&M.

 

The southwest quarter (SW) of the southwest quarter (SW) of Section 22; the northwest quarter (NW), the west half (W) of the southwest quarter (SW), the northeast quarter (NE) of the southwest quarter (SW), the west half (W) of the southeast quarter (SE) and the southeast quarter (SE) of the southeast quarter (SE) of Section 27; the southeast quarter (SE) of the southeast quarter (SE) of Section 28; the northeast quarter (NE) of the northeast quarter (NE) of Section 33; the northwest quarter (NW) of the northwest quarter (NW), the south half (S) of the northwest quarter (NW), the southwest quarter (SW), the east half (E) of the northeast quarter (NE) and the northeast quarter (NE) of the southeast quarter (SE) of Section 34; the northwest quarter (NW) of the southwest quarter (SW) and the south half (S) of the southwest quarter (SW) of Section 35;

 

excepting herefrom, however, and reserving to first parties, their successors and assigns, (a) the right to pass over any and all of said lands hereby conveyed along such routes as first parties may from time to time select for the purpose of ingress to and egress from said Butt Valley Reservoir and/or any other works which first parties have heretofore constructed or may hereafter project or construct in connection therewith, and (b) all waters and water rights and rights to the use of water flowing or to flow in, to or upon, through or across, any and all of said lands hereby conveyed; provided, that second party, its lessees or grantees, shall have the right to make all such reasonable uses (other than power uses or purposes) of said waters as will not involve the conducting of same outside of the watershed of Butt Valley Reservoir, and which shall not materially injure the quality, or materially reduce the quantity, thereof.

 

IV.    The right and privilege exercisable subject to the restrictions and limitations herein specified of access in and across and over first parties Butt Valley reservoir site, whether flooded or not, and the right to construct and operate therein and/or thereover such logging roads or railroads, booms, piers, rafts, tug boats, barges, donkeys, head works or loading works, or any other type of appliance necessary or desirable for use in taking logs over and across or through the said lands or said reservoir if flooded, including the right to build and operate in and along the shore, or out into the waters, of said reservoir, such docks, side tracks, trestles, or bridges and loading apparatus as may be necessary or convenient for use in taking logs from said reservoir onto the logging railway, and the right to use and operate logging equipment in and through said reservoir for removing and/or handling timber cut from lands obtained from first parties above said contour line, or from any other lands now or hereafter owned by second party.  In the exercise of said rights and privileges second party shall do so in such manner as not to interfere with the use by first parties of any of their lands in connection with the construction or operation of said reservoir for the purpose for which it has been or will be constructed, or any appurtenant works incident thereto.

 

V.      The right and privilege, subject to the restrictions and limitations herein specified, of access by second party, its successors, assigns and/or licensees, to both of said reservoirs and each of them for all purposes whatsoever that will not materially injure the quality or materially reduce the quantity of water therein.  Such right and privilege shall be so exercised as not to limit or impair any of the uses which first parties, there successors or assigns, may make of said reservoirs, or either of them.

 

It is understood and agreed that each of the parties hereto, its successors, lessees and assigns, may boat, hunt, fish and take other recreation upon the waters of both of said reservoirs and each of them, subject, however, to the prior right of first parties to use said reservoirs for irrigation and power purposes.

 

It is mutually understood and agreed that no claim for damages shall ever arise against first parties, their successors and assigns, due to the flooding of lands of second party, or any of its successors in estate, by reason of the raising of the waters in either of said reservoirs above the respective contour lines hereinbefore described as a result of floods, the elements or acts of God, or any other cause or causes beyond the control of first parties, their successors, or assigns.  In the event the land above either of said contour lines shall be flooded first parties agree that they will promptly draw down the water to or below such contour line, and so far as they reasonably can do so, will, by opening the gates of its reservoirs, set to prevent such extra floods.

 

It is mutually understood that certain portions of the above described real property have heretofore been conveyed to the County of Plumas and/or Western Pacific Railroad Company, and that those portions are not deemed conveyed herein.

 

IN WITNESS WHEREOF said first parties have caused these presents to be executed by their officers thereunto duly authorized on the day and year first shown written.

 

                                                GREAT WESTERN POWER COMPANY

 

By  P.M. Downing (signed)

Its Vice-President and General Manager,

 

and by J.D.Rosie (signed)

Its Assistant Secretary.

 

GREAT WESTERN POWER COMPANY OF CALIFORNIA

 

By  P.M. Downing (signed)

Its Vice-President and General Manager,

 

and by J.D.Rosie (signed)

Its Assistant Secretary.

 

 

 

 

 

Vol 68 of Official Records at ________

in Plumas County, California, on the 7th

Day of Oct, 1935, page 311


---

*  This document is a transcription of a copy of the original Red River Lumber Company Deed.  While every effort has been made to ensure its accuracy, errors may be present.