Description

Part 17 of 59, (pages 168-170), dam on Murieston water, 1906

See index of all sixty leases and agreements contained in this volume.

Erection of dam on Murieston water. Calder estate

In works book

Dated 24th July 1906

11th August 1906

(see lease book No3 page 1 for new arrangement) dated 3rd and 9th January 1925

Minute of agreement between The Right Honourable James Walter Sandilands Lord Torphichen, heritable proprietor of the estate of Calder, on the one part (herein after called the first party) and The Pumpherston oil company limited incorporated under the companies acts Eighteen hundred and sixty two to eighteen hundred and eighty and having it registered office at one hundred and thirty five Buchanan Street Glasgow, on the other part (herein after called the second parties)

Whereas the second parties have approached the first party for the purpose of obtaining a supply of water from the Murieston water passing through Calder estate to be led to their works at Pumpherston and the first party having signified his willingness to grant the same on certain conditions as hereinafter set forth, therefore the parties hereto have agreed and do hereby agree as follows, videlicit:- . . .

First

Duration

. . . The first party hereby agrees to allow the second parties to take during the period of nineteen years from and after the term of Whitsunday nineteen hundred and six (declaring however that in the event of the second parties entering into a lease for the working of the first party's shale in the lands of Harrysmuir the period of this agreement shall run concurrent therewith) a supply of water from the Murieston water for their works at Pumpherston and for that purpose to erect and maintain on the said Murieston water at the point indicated upon the plan which has already been approved of by the first party, and a copy of which is annexed and signed as relative hereto a dam or reservoir and to lead therefrom a pipe ten inches in diameter in a line shown in red on said plan so far as it passes through Calder estate. . . .

Second

. . . The dam or reservoir to be erected by the second parties at their own expense conform to the elevations and sections shown on the said plan shall not exceed thirty inches in height above the level of the bed of the Murieston water, and the dam wall shall be built of brick and concrete and the sides of the reservoir shall be properly puddled with good puddle clay, and said reservoir shall have a suitable sluice and over flow for the purpose of allowing the surplus water to flow into the Murieston water, . . .

Fences

. . . and further the said second parties shall be bound to erect and thereafter maintain in good order suitable fences upon the east and west sides of said reservoir and the whole dam or reservoir shall be maintained in good order by the second parties during the whole currency of this agreement, and in particular so as to prevent any water finding its way on to the adjoining lands either by overflow, leakage or otherwise: . . .

Third

Rent

. . . In consideration of the privileges to be granted under article first hereof the second parties hereby agree and bind and oblige themselves to pay to the first party or his agents a sum of ten pounds sterling per annum in name of rent and that at the term of Whitsunday in each year during the subsistence of this agreement beginning the first yearly payment at the term of Whitsunday nineteen hundred and seven for the year preceding, but declaring that the last yearly rent or the due proportions thereof shall be paid immediately upon the termination of the agreement, and notwithstanding the foregoing, it is hereby provided and declared that in the event of the second parties entering into a lease of the first party's shale in Harrysmuir as aforesaid the yearly rent above provided for shall be reduced to the sum of one pound sterling as from the commencement of said lease and during its continuance, said reduced rent being payable in manner above described: . . .

Fourth

Watering place for stock

. . . In respect that the operations provided for under this agreement will interfere with the present watering place for stock in the first party field known as the Glebe park the second parties hereby undertake at the commencement of their operations to form a suitable watering place in lieu of the present one and that at a point to be fixed by the first party's overseer on Calder estate: . . .

Fifth

. . . The second parties hereby agree and bind and oblige themselves to free and relieve and harmless and skaithless keep the first party of and from all claims at the instance of any person or persons whomsoever on account of the abstraction of water from the Murieston water by the said second parties in virtue of this agreement and particularly but without prejudice to the foresaid generality all claims at the instance of the lower riparian proprietors on the waters affected by the said abstractions or their tenants including therein the present and future tenants of the first party and also all claims of whatever nature that maty be made against the first party in respect of damages arising by through the second parties operations, including damage by flooding, and further the second parties shall defray all expenses that may be incurred by the first party in connection with the above mentioned claims: . . .

Sixth

Removal

. . . It is hereby agreed that at the termination of this agreement the second parties shall at their own expense remove the whole building of the dam or reservoir and the pipe leading therefrom and restore the water banks to the satisfaction of the said first party or his overseer for the time: . . .

Seventh

. . . It is hereby agree that all operations by the second parties in connection with the dam or reservoir, pipe, fences and others shall be carried out to the entire satisfaction of the first party and his overseer: . . .

Lastly

. . . The parties hereto bind and oblige themselves to implement and perform their respective parts of the premises to each other under the penalty of fifty pounds sterling to be paid by the party failing to the party observing or willing to observe the same and that over and above performance: And both parties consent to the registration hereof for preservation and execution: In Witness whereof.