HomeMy WebLinkAbout1997-027
I RESOLUTION NO. 97-27
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
3 DIRECTING THE MAYOR TO SIGN REVISED GRANT DEED FOR RECORDATION WITH
4 THE COUNTY OF SAN BERNARDINO RECORDER'S OFFICE.
5 WHEREAS, the City of San Bernardino passed Resolution No. 95-74 on March 20, 1995,
6 approving a purchase and sale agreement by and between the City of San Bernardino and West
7 San Bernardino County Water District and authorizing and directing that said Purchase and Sale
8 Agreement be executed and the accompanying Grant Deed recorded; and
9 WHEREAS, the Grant Deed as originally prepared could not be recorded and a new Grant
10 Deed was prepared for recordation with the County of San Bernardino Recorder's Office.
II BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
12 SAN BERNARDINO AS FOLLOWS:
13 SECTION I. The Mayor of the City of San Bernardino is hereby authorized and directed
14 to execute the Grant Deed, attached hereto as Exhibit 1.
IS BE IT FURTHER RESOLVED that a copy of this Resolution be attached to said Grant
16 Deed, and that the same be recorded in the office of the County Recorder of San Bernardino.
17 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
18 Common Council of the City of San Bernardino at a joint regular meeting
19 thereof, held on the 3rd day of
20 wit:
21
22
23
24
25
26
27
28
February 3, 1997
February
, 1997, by the following vote, to
I
97-21
I RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO SIGN REVISED
GRANT DEED FOR RECORDATION WITH COUNTY OF SAN BERNARDINO
2 RECORDER'S OFFICE
3
4
5 COUNCIL MEMBERS: AYES
6 NEGRETE x
7 CURLIN x
8 ARIAS x
9 OBERHELMAN x
10 DEVLIN x
11 ANDERSON x
12 MILLER x
13
14
NAYS
ABSTAIN
ABSENT
~~
CITY CLERK
15
16 1997.
17
18
19
The foregoing Resolution is hereby approved this 'I Ii day of February
~~~~
TOM MINOR, Mayor
City of San Bernardino
20 Approved as to form and
legal content:
21
JAMES F. PENMAN,
22 City Attorney
23
24
25
26
27
28
/~
, t:--t
February 3, 1997
2
97-27
No Recording Fee Req\lired PUrStlant
To Go'vernment Code Section 27383
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
iEST SAN BERNARDINO COUNTY
WATER DISTRICT
'.0. Box 920
~ialto, CA 92377-0920
~ttn: Anthony W. Ara i za
MAIL TAX STATEMENTS TO:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $.......~().1I1.1l.................
.....Computed on the consideration or value of property conveyed; OR
.....Computed on the consideration or value less liens or
encumbrances remaining at time of sale
Signature of Declarant or Agent detennining tax-Firm Name
GRANT DEED
FORA VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
City of San Bernardino, a ml1nicipal corporation
hereby GRANT(S) to
West San Bernardino County Water District, a public agency
the real property in the City of San Be r n a r d i no
Countvof San Be r n a r din 0 State of Californla described as
Any and all rights of the City of San Bernardino in and under tnat certa1l1 Judgment
rendered by the Superior Court of San Bernardino County, California, on December 22,
1 9 6 1, i n Cas e No. 8 1 264, en tit 1 e d The ~~.!:.!.~S...!...!':..!':..!U:!~.!:.~E._'U!...<L!.~l?E..9.y~~~~.!:._c_o...!!U'_a_n..L v .
Fontana Ranchos Water Com...F_a..!!.], et al., to produce groundwater from the baslll commonly
known as the Rialto Basin underlying the property described in the legal description
attached as Exhibit "A" hereto and incorporated herein. A certified copy of Grantor"
Resolution No. 95-74 is attached as Exhibit "B" hereto and incorporated herein by thi,
reference. Grantor's certificate of Acceptance is attached as Exhibit lIell hereto and
incorporated herein by this reference.
CITY OF SAN BERNARDINO
Dated
l
} SS.
l
Tom Minor, Mayor
STATE OF CALIFORNIA
COUNTY OF
On
before me,
personally appeared
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/shelthey executed the
same in his/herltheir authorized capacity(ies), and that by his/her/their
signature(s) on the Instrument the person(s) or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal
EXHIBIT 1
Signature
(This area for official notarial seal)
MAil TAX STATEMENTS AS DIRECTED ABOVE
1002(1/94)
9t"~27
DESCRIPTION OF BOUNDARIES OF RIALTO BASIN
BEGiNNING at a point on the centerline of Meridian Avenue, as
shown on plat of Town of Rlalto'iand Adjoining Subdivisions; as recorded
In MilP Dook 4, page 1\, record~ of the County Recorder of sa Id County,
saId poInt being 950 feet NOlth of the Intersection of said Merldli'ln Ave-
nue and San Bernardino Avenue; thence Northwesterly to a point on the
centerlIne of Rialto Avenue (Arrow Route) as shown on said subdivIsion
plat, said point being 400 feet East of the intersection of West Rialto
Avenue and Cactus Avenue; thence Northwesterly to a point on the center
line of Footh11l Boulevard (State Highway Route No.9), sa ld point being
1,050 feet East of the intersection of said Footh1l1 Boulevard and LInden
Avenue, said Intersection being the Southwest corner of Section 3, TIS,
R5W, SBB&M; thence Northwesterly to a point in said Linden Avenue, said
point being 700 feet North of said Foothlll Boulevard; thence Northwesterly
to a point in the centerline of Laurel Avenue as shown on said subdivision
plat, said point being 3,600 feet North of said Footh11l Boulevard; thence
Northwesterly to the intersection of Alder Avenue and Baseline Road, said
Intersection being the Southeast corner of Sectton 32, TIN, R5W, SBB&M;
thence Northwesterly to a point at the base of the San Gabriel Mountains,
said point being 1, 100 feet North and 1,400 feet West of the Southeast
corner of Section 15, TIN, R6W, SBE&Mi thence Northeasterly along the
base of the San Gabriel Mounlains in a direct line to a point in the East
line of Section 13, TIN, R6W, said poInt being 3,700 feet North of the
Southeast corner of said Section 13; thence Northeasterly along the base of
the Sdn Gabriel Mountains In a direot line to a point In fractional Section.
7, TIN, R5W, said point being 2,200 feet North and 3,700 feet East of the
Southwest corner of said Section 7: thence Southeasterly to a point in
Muscupiabe Rancho, said pOint being 2,500 feet North and 950 feet East
of the Southwest corner of fractional Section 22, TIN, R5W, SBB&M; thence
Southeasterly to a point in said MuscupiabeRancho, said point being 700
feet North and 3,700 feet East of the Southwest corner of said fractional
Section 22, thence Southeasterly to a point In said Muscuplabe Rancho,
said point being 4,000 feet North and 2,500 feet East of the Southwest
corner of fractionall1~Rtl('!1 Z6, TIN, R5W, SBB&Mi thence Southeasterly
to a point in fractional Section 6, T.IS, R4W, SBB&M, said point bEing
1,500 feet North and 4,300 feet Eflst of the Southwest corner of said frac-
tional Sectlon Pi thence Southeasterly to a point on the centerline of Mill
Street, as shown on plat The Martin Tract, as recorded in Map Book 3,
page 27, Records of the County Recorder of sa id County, sa Id point being
1,050 feet West of the Intersection of said Mlll Street and Mt. Vernon
Avenue; thence Southwesterly to the point of beginning.
GRANT DEED
EXHIBIT "A"
97-27
GRANT DEED/EXHIBIT "B"
1
2
95-74
RESOI.UTION NO.
3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
4 SAN BERNARDINO, APPROVING A PURCHASE AND SALE AGREEMENT BY AND
BETWEEN THE CITY OF SAN BERNARDINO AND WEST SAN BERNARDINO COUNTY
5 WATER DISTRICT.
6 WHEREAS, the City of San Bernardino, hereinafter referred to
7 as "City", and West San Bernardino County Water District,
8 hereinafter referred to as "District" are two (2l of a number of
9 parties to a certain 1961 stipulated Judgment in the matter of
10 Lytle Creek Water and Improvement company vs. yontana Ranchos Water
11 company et al., San Bernardino County Superior Court Case No.
12
13
14
15
16
17
18
19
20
21
22
23
81264; and
WHEREAS, the City is successor-in-interest to a well with a
stipulated pumping right of 290.00 acre feet (AFl per year in the
Rialto Basin. The total stipulated pumping rights of all existing
parties is 15,290 AF/year. We have approximately 2% of the total
base production right ("Water Right"l, as one of the parties to the
Judgment; and
WHEREAS, the city has no facilities for transportation of
water from the Rialto Basin to our service area; and
WHEREAS, the District owns and operates facilities and other
resources which could be utilized to produce and extract
groundwater from the Rialto Basin; and
24 WHEREAS, the city desires to sell to District, and District
25 desires to purchase from city, the city's Water Right pursuant to
26 the terms and conditions of this Agreement; and
27 WHEREAS, this would allow the sale of any and all rights of
28 San Bernardino in and under the Judgment by the execution of the
2/15/95
-1-
EXHIBIT "B"
97-27
1 RESOLUTION
AGREEMENT
2 BERNARDINO
AUTHORIZING
BETWEEN THE
COUNTY WATER
THE EXECUTION
CITY OF SAN
DISTRICT.
OF A PURCHASE AND
BERNARDINO AND WEST
SALE
SAN
3 Agreement and the recording of a Grant Deed.
4
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
5 OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
6
7 hereby authorized and directed to execute the Purchase and Sale
8
SECTION ONE:
The Mayor of the City of San Bernardino is
Agreement and the recordation of the accompanying Grant Deed, as
9 set forth in Exhibit "1" which is attached hereto, by and between
10 the City of San Bernardino and West San Bernardino county Water
11
District, and incorporated herein by reference as though fully set
12 forth at length herein.
13
BE IT FURTHER RESOLVED that a copy of this Resolution be
14 attached to said Grant Deed, and that the same be recorded in the
15 Office of the County Recorder of San Bernardino County.
16
I HEREBY CERTIFY that the foregoing resolution was duly
17 adopted by the Mayor
18
19
20
21
22
23
24
and Common
council
of the city of San
regular
meeting thereof, held
Bernardino at a
March
, 1995, by the
on the
20th
day of
following vote to wit:
25
26
27
28
/ / / I
/ / / /
/ / I I
/ / / /
I / / I
/ / / /
/ / / /
2/15/95
-2-
97'-27
1 RESOLUTION AUTHORIZING
AGREEMENT BETWEEN THE
2 BERNARDINO COUNTY WATER
THE EXECUTION
CITY OF SAN
DISTRICT.
OF A PURCHASE AND SALE
BERNARDINO AND WEST SAN
3
4 COUNCILMEMBERS: AYES
NEGRETE X
5
6 CURLIN X
7 HERNANDEZ X
8 OBERHELMAN X
9 DEVLIN X
10 POPE-LUDLAM
NAYS
ABSTAIN
ABSENT
X
11 MILLER
12
13
14
15
16 of
X
~Cla~ Clerk
The foregoing resolution is hereby approved this :J;) nJ
day
March
I 1995.
17
18
19
20 APPROVED AS TO FORM
AND LEGAL CONTENT:
21
-----/.~ /A:~
Tom Minor, Mayor
City of San Bernardino
JAMES F. PENMAN
22 city Attorney
23
(
}- i~'.~0.,c.<C"
24
25
26
27
28
2/15/95
-3-
8
91
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101
11 i,
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12: I
II
131
i
141
151
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1611
17i
181
191
,
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201
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211 !
II
221'
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231
241
25!1
2611
2711
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il
, 97'-27
11 STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
~i CITY OF SAN BERNARDI~O
~.
SS
311
411
I
51
61
I
I, RACHEL CLARK, City Clerk in and for the City of Sar
Bernardino DO HEREBY CERTI~Y that the foregoing. !ind attache(
copy of the San Bernardino Ci<;:y Resolution No. <f5-'1'1 is a full.
true and correct copy of that now on file in this office.
IN WIT~ESS WHEREOF, I have hereunto set my hand and affixed thE
officia2r;~al of the C};y of San Bernardino this 5 f{ da)
of .;L , 1922..
rf:~k~
By
~
Eileen Gomez,
97-27
GRANT DEED
EXHIBIT "c"
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property and/or easement conveyed by the
attached instrument to the West San Bernardino County Water District, Rialto, California,
a body corporate and politic, is hereby accepted by order of the Board of Directors made
on February 16, 1995, and the grantee consents to the recordation thereof by its duly
authorized officer.
Dated: Februarv 16. 1995
Anthony W. A
West San Bern
Water District
EXHIBIT "c"
97-27
."1
~UDITOR/CONTROLLER-RECORDER
COUNTY OF SAN BERNAROINO
\UDITOR/CONTROLLER . 222 West Hospltelity Lene. Fourth Floo,
;an Bernardino. CA 92415.0018 . (909) 387.8322
lECORDER . 222 West Hospitality Lane. First Floor
Ian Bernardino. CA 92415.()022 . (90913B7.8306
ERROL J. MACKZUM. CPA
Auditor/Controller-Recorder
ROBERT L. CALDERON. CIA. CISA
Assistant Auditor/Controller-Recorder
AUG 1 19ii
We ere returning the enclosed DOCUMENTS UNRECORDED for the reeson(s) indiceted below.
PI lese see (.II memo
o Incorrect amount of fees sent in. A fee schedule is enclosed for further information. PlEASE REFER. TO "FEE SCHEDULE"
o No monies received.
o Check or voucher (has not been signed) (payable to wrong party, please make payable to County Recorderl.lover 6 months oldl
lis non.personalized and cannot be accepted for recording chargesl.
· 0 Your form!s) are morl! than or illss than BY,'x 11. California (Gov't Code 27361.51. Form!s) that do not comply with this Code Section
will be charged a special handling fee of $3.00 more per page to record each document.
~
o For recording purposes: the document must have ORIGINAL signatures and notary acknowledgment!s) or be an ORIGINAL certified copy
bearing a court seal; no changes or alterations can be made on a certified copy.
o Property not located in San Bernardino County. Record in County where property is located.
o Document must be signed by Deputy Court Clerk.
o The enclosed document was previously recorded and all fees and taxes paid either in person or by an agent such as an escrow company.
o Insert return and/or tax statement address in upper illlt corner. Please include zip code.
· 0 You must complete the attached 'CDVER SHEEr with Name & Address and Title of Document California (Gov't Coda 27361.6).
~
· [B'" Declaration of documentary transfer tax must be completed and signed on your deed. (See schedule)
B"Assessors parcel number (found on tex billl omitted. Insert where indicated.
o Indicate on document the first and last name of all parties.
ri The legal description has been omitted/Exhibit is missing.
g- Print or type name (below signature] lof comoany above sianature\..
o A self.addressed, stamped envelope is required for the return of your conformed copy or receipt.
ADDITIONAL INFORMA TION ON THE REVERSE SIDE OF THIS FORM IF AREA IS HIGHLIGHTED
· See Attachment
d1il
Q5'1'f
97-27
No ReCording Fee Required Pursuant
To Government Code Section 27383
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
iest San Bernardino County
Water District
'.0. Box 920
~ialto, CA 92377-0920
\ttn: Anthony W. Araiza
MAIL TAX STATEMENTS TO:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
v
DOCUMENTARY TRANSFER TAX $..
.....Computed on the consideration or value of property conveyed; OR
.....Computed on the consideration or value less liens or
encumbrances remaining at time of sale
Signature of Declarant or Agent determining tax-Firm Name
~
y'" APN:
TRA:
GRANT DEED
FORA VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
City of San Bernardino, a municipal corporation
hereby GRANT(S) to
West San Bernardino County Water District, a public agency
the real property in the City of San Bernardino
Countyof San Bernardino State of Cali fomi a, described as
Any and all rights of the City of San Bernardino in and under that certain
judgment rendered in the Superior Court of San Bern~rdino County, California,
on the 22nd day of December, 1961, in action No. 81264 therein entitled
"Th~___Lytl~.Creek Water and Improvement Company, a corporation, plaintiff, vs.
Fontana Ranchos Water Company, a corporation, et al., defendants."
Dated~ (,Q I I q 1S--
}
STATE OF CALIfORNIA .} SS.
COUNTY OF~ 4-rJ.J3V1nl...J..J7)Ldlo<l~ }
on~~qq"
'R Q. ~L'1
personally appeared ,,'7IJ'""Y1.. Y'Y) ~, ~..n ,
~)1t;~
Mavor
before me,
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me thathe/shellhey executed the
same in hislherllheir authorized capaci1y(ies). and that by hislherllheir
signature(s) on the Instrument the person(s) or the entity upon behalf of
which the person acted, executed the instrument.
WITNE~and and official seai
Signatu(e~L.LkC_ /~, ><J-'~__c,1 (This area for official notarial seal)
MAIIITAY ~TATFMFNT~ A~ nlRFrTFn ARn\lF
1nn,)/1/0AI