RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
EASEMENT AGREEMENT (RIGHT TO TAKE WATER)
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This Easement Agreement (Right to Take Water) (this "Agreement") is made as
of January 1, 1997, by XXX XXXXX and XXXXXXXX X. XXXXX, as trustees under
declaration of trust dated August 16, 1989, and XXXXXXXX X. XXXXX and XXXXXXX
XXXXXXXX (also known as Xxxxxxx Xxxxxxxx) successor co-trustees of the
testamentary trust of Xxxxxx Xxxxxxxx, deceased, and XXX XXXXX, also known as
Xxxxxx X. Xxxxx, Xx., and XXXXXXXX X. XXXXX, husband and wife (collectively, the
"Owners"), and XXXXXX VINEYARDS AND MANAGEMENT CO., a California corporation
("Xxxxxx"), in favor of CANANDAIGUA WEST, INC., a New York corporation
("Canandaigua").
RECITALS
A. The Owners, as lessors, and Xxxxxx, as lessee, have entered into that
certain Lease dated as of January 1, 1997 (as amended from time to time, the
"Xxxxxx Lease"), with regard to that certain real property situated in the
County of MONTEREY, State of California, and more particularly described on
Exhibit A attached hereto and made a part hereof (the "First Property").
Paragraph 11 of the Xxxxxx Lease prohibits water produced on the First Property
from being transported for use off of the First Property.
B. Canandaigua, as lessee, proposes to enter into a Lease dated as of
January 1, 1997 (as amended from time to time, the "Canandaigua Lease"), with
the Owners, as lessors, with regard to that certain real property situated in
the County of MONTEREY, State of California, and more particularly described on
Exhibit B attached hereto and made a part hereof (the "Second Property"). A
condition to Canandaigua entering into the Canandaigua Lease is the execution
and delivery of this Agreement by the Owners and Xxxxxx.
AGREEMENT
1. In consideration of Canandaigua entering into the Canandaigua Lease
and notwithstanding Paragraph 11 of the Xxxxxx Lease, any other terms of the
Xxxxxx Lease or the terms of any future lease that the Owners may enter into
with respect to the First Property, the Owners and Xxxxxx hereby agree that, for
so long as the Canandaigua Lease shall be in effect (or until, if earlier, the
delivery or recording of a written notice of termination hereof by Canandaigua),
Canandaigua shall have the right, at no fee or cost to Canandaigua, and Owners
and Xxxxxx hereby grant an easement to Canandaigua, to take, transport and use
such amount of water from the First Property as shall be reasonably necessary
for the development, maintenance and operation of a wine grape vineyard on the
Second Property. In connection therewith, Canandaigua shall have the right of
pedestrian and vehicular access to the First Property, at all reasonable times,
to construct, maintain and repair xxxxx, pipelines, pumps and all other fixtures
and improvements as may be reasonably necessary to take and transport such water
from the First Property to the Second Property.
2. This Agreement shall continue in effect without regard to whether the
Xxxxxx Lease shall then be in effect.
3. This Agreement shall be binding upon the Owners and Xxxxxx, and their
respective heirs, legal representatives, successors and assigns, and shall inure
to the benefit of Canandaigua and its successors, subtenants and assigns.
4. This Agreement is an easement which shall be, constitute and remain a
covenant running with the land and a burden which binds all current and
subsequent owner(s) of the First Property and/or improvements from time to time
located thereon and each of their heirs, executors, administrators, personal and
legal representatives, grantees, successors and assigns.
5. Any notice to be provided to the Owners hereunder shall be deemed
properly given if sent by registered, certified or express mail addressed to Xxx
Xxxxx or Xxxxxxxx X. Xxxxx at X.X. Xxx 000, Xxx Xxxx, Xxxxxxxxxx 00000. Any
notice to be provided to Xxxxxx hereunder shall be deemed properly given if sent
by registered, certified or express mail to 00000 Xxxxxxxxxx Xxxxxxxxx, Xxxxxx
xxx Xxx, Xxxxxxxxxx 00000.
IN WITNESS WHEREOF, the Owners and Xxxxxx have entered into this Agreement
as of the date first above set forth.
/s/ Xxx Xxxxx
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XXX XXXXX, individually and
STATE OF CALIFORNIA ) as trustee under declaration
COUNTY OF MONTEREY ) SS. of trust dated August 16,
1989
/s/ Xxxxxxxx X. Xxxxx
On_______________, before me, the ----------------------------------
undersigned, a Notary Public, XXXXXXXX X. XXXXX,
personally appeared XXX XXXXX, individually, as trustee
XXXXXXXX X. XXXXX, AND XXXXXXX under declaration of trust
XXXXXXXX, personally known to me (or dated August 16, 1989, and
proved to me on the basis of as successor co-trustee of
satisfactory evidence) to be the the testamentary trust of
persons whose names are subscribed Xxxxxx Xxxxxxxx, deceased
to the within instrument and
acknowledged to me that they
executed the same in their
authorized capacities, and that by
their signatures on the instrument
the persons, or the entity upon
behalf of which the persons acted,
executed the instrument.
/s/ Xxxxxxx Xxxxxxxx
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WITNESS my hand and official seal. XXXXXXX XXXXXXXX, as
successor co-trustee of the
Signature /s/ testamentary trust of Xxxxxx
------------------------------ Labarere, deceased
(This area for official notarial seal)
STATE OF CALIFORNIA ) XXXXXX VINEYARDS AND MANAGEMENT
COUNTY OF MONTEREY ) SS. CO.
On____________, before me, the By /s/ Xxxxx X. Xxxxxx
undersigned, a Notary Public, ------------------------------------
personally appeared XXXXX X. XXXXXX, Name: Xxxxx X. Xxxxxx
personally known to me (or proved to Title: Vice President
me on the basis of satisfactory
evidence) to be the person whose
name is subscribed to the within
instrument and acknowledged to me
that he/she executed the same in
his/her authorized capacity, and
that by his/her signature on the
instrument the person, or the entity
upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
Signature /s/
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(This area for official notarial seal)
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