HomeMy WebLinkAbout1995-074
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95-74
RESOLUTION 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.
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WHEREAS, the City of San Bernardino, hereinafter referred to
as
"city",
Bernardino
District,
and
San
County
Water
West
8 hereinafter referred to as "District" are two (2) of a number of
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parties to a certain 1961 stipulated Judgment in the matter of
Lytle Creek Water and Improvement Company vs. Fontana Ranchos Water
company et
San Bernardino County Superior Court Case No.
al. ,
12 81264; and
WHEREAS, the City is successor-in-interest to a well with a
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14 stipulated pumping right of 290.00 acre feet (AF) per year in the
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Rialto Basin.
The total stipulated pumping rights of all existing
parties is 15,290 AF/year.
We have approximately 2% of the total
17 base production right ("Water Right"), as one of the parties to the
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Judgment; and
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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
WHEREAS, the city desires to sell to District, and District
desires to purchase from City, the City's Water Right pursuant to
the terms and conditions of this Agreement; and
WHEREAS, this would allow the sale of any and all rights of
San Bernardino in and under the Judgment by the execution of the
2/15/95
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1 RESOLUTION
AGREEMENT
2 BERNARDINO
AUTHORIZING
BETWEEN THE
COUNTY WATER
THE EXECUTION
CITY OF SAN
DISTRICT.
OF A PURCHASE AND SALE
BERNARDINO AND WEST SAN
3 Agreement and the recording of a Grant Deed.
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NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION ONE:
The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute the Purchase and Sale
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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
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District, and incorporated herein by reference as though fully set
forth at length herein.
BE IT FURTHER RESOLVED that a copy of this Resolution be
attached to said Grant Deed, and that the same be recorded in the
Office of the County Recorder of San Bernardino County.
I HEREBY CERTIFY that the foregoing
resolution was duly
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adopted by the Mayor and Common
Council
of the city of San
Bernardino at a regular
meeting thereof, held
20th
March
, 1995, by the
day of
on the
following vote to wit:
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2/15/95
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1 RESOLUTION
AGREEMENT
2 BERNARDINO
THE EXECUTION
CITY OF SAN
DISTRICT.
OF A PURCHASE AND SALE
BERNARDINO AND WEST SAN
AUTHORIZING
BETWEEN THE
COUNTY WATER
3
4 COUNCILMEMBERS:
5 NEGRETE
NAYS
ABSTAIN
ABSENT
AYES
x
6 CURLIN
7
8
x
HERNANDEZ
x
OBERHELMAN
x
9 DEVLIN
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16 of
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x
POPE-LUDLAM
x
MILLER
x
~Cla~ Clerk
The foregoing resolution is hereby approved this eJ). n/
day
March
, 1995.
/ ~!- (
.----)CY;V1. /t:1#?r C
Tom Minor ,'Mayor
City of San Bernardino
APPROVED AS TO FORM
AND LEGAL CONTENT:
JAMES F. PENMAN
City Attorney
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. (c'.-vI/rNf....
24 By:
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2/15/95
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PURCHASE AND SALE AGREEMENT
THIS PtmCHASE AND SALE AGREEMENT ("Agreement") is entered
into this ~ day of ~ ' 1995, by and between the
West San Bernardino Cou y Water District, a public agency
(hereinafter referred to as "District"), and the City of San
Bernardino, a municipal corporation (hereinafter referred to as
"city").
RECITALS
A. District and City are two of a number of parties to
that certain stipulated judgment entered into in the Superior
Court for the County of San Bernardino Case No. 81264, entitled
The Lvtle Creek Water and Improvement Co. vs. Fontana Ranchos
Water Co.. et al. ("Judgment"). Since 1961, the parties to the
Judgment, and their successors and assigns, have produced and
extracted water from that certain groundwater basin known as the
Rialto Basin in accordance with the terms and provisions of the
Judgment. The Judgment recognizes' total annual base production
rights of 15,290 acre feet. City'S ownership of a base
production right ("Water Right"), as one of the number of parties
to the Judgment, is in the amount of 290.00 acre-feet.
B. Pursuant to Paragraph 9 of the Judgment, City, as a
successor in interest to a party to the Judgment, established its
Water Right through the acquisition of that certain state Well
described as follows:
State Well
Serial No.
Location:
No. 1S/4W-7Cl
E-8a
92 feet south of centerline Foothill
Boulevard, 1,484 feet East of centerline Meridian
Avenue
right in acre-feet - 290
stipulated
C. city has no facilities for transportation of water from
the Rialto Basin to the City's service area.
D. District owns and operates facilities and other
resources which could be utilized to produce and extract
groundwater from the Rialto Basin pursuant to the Water Right
currently owned by the City.
E. City desires to sell to District, and District desires
to purchase from city, the City'S Water Right pursuant to the
terms and conditions of this Agreement.
WSBOOBO.
2/2/95
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NOW, THEREFORE, THE PARTIES HERETO HEREBY AGREE AS FOLLOWS:
1. Purchase and Sale of Water Riqht.
Upon execution of this Agreement, District shall purchase
City's Water Right as described herein including, but not limited
to, all rights of City in and under the Judgment.
The sale/conveyance by City of the Water Right and the
purchase/acceptance of the Water Right by District shall be
evidenced by the execution and recording of that certain Grant
Deed, the form and content of which is attached hereto as Exhibit
"A" and incorporated herein by reference. Said Grant Deed shall
be executed at the same time as the execution of this Agreement
and shall be recorded by City on said same date. Any costs and
expenses of said recording shall be the sole responsibility of
the City.
2. Purchase Price.
Upon execution of this Agreement, District shall pay to City
the sum of Two Hundred and Ninety Dollars ($290.00) which shall
be deemed the purchase price for the Water Right. Said purchase
price shall be the only amount due and owing by District for the
purchase and sale of the Water Right.
3. Representations and Warranties bv citv.
The City represents and warrants to District as follows
which representations and warranties shall be true and correct as
of the date of execution of this Agreement and the date of all
procedures for the completion of this purchase and sale. Said
representations and warranties shall survive the completion of
this purchase and sale.
(a) The City Council of the City of San Bernardino has full
authority to enter into this Agreement on behalf of city and upon
said execution of this Agreement, city shall be bound to perform
all duties and Obligations set forth herein.
(b) Upon execution of this Agreement, City shall attach to
this Agreement the following documentation and information:
(i) In accordance with Paragraph 10 of the Judgment,
all records required by the Judgment to be
maintained which pertain to the extractions of
water from the Rialto Basin.
(ii) Notices of extractions and other documents that
are required to be developed and filed with the
applicable governmental entities.
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(iii) All other information and documentation that has
been developed and/or maintained in connection
with the Water Right and all other activities and
obligations of City on, under, or about the Rialto
Basin.
(c) Upon request of District, City shall cooperate with the
District to provide all information, documentation, and the
execution of any documentation, that the District may request
which is related to the Water Right and all other obligations and
responsibilities of City performed on, under, or about the Rialto
Basin.
(d) In the event of any future litigation pertaining to the
Water Right, Judgment, and/or an adjudication of the Rialto
Basin, City shall provide District with the execution of any
documents or such other cooperation as may be requested by
District.
(e) Pursuant to California law and Paragraph 12 of the
Judgment, the Water Right has been, and is currently, alienable
and may be sold or otherwise disposed of by purchase or
~he~i~. :
(f) city owns all right, title, and interest to the Water
Right pursuant to the Judgment.
(g) No interest in or to the Water Right has been or shall
be assigned, transferred, pledged, encumbered, sold or conveyed
by City in any manner whatsoever to any party other than the
purchase and sale contemplated by this Agreement.
4. Indemnification/Full Waiver and Release.
(a) City shall indemnify, defend, and hold District
harmless from and against any and all claims, demands, losses,
liabilities, costs or expenses, including attorneys' fees and
expert witness fees and costs, incurred in connection with such
indemnity, arising as a result of:
(i) Any amounts due District from city's
representations or warranties, failure to timely
perform the city's representations or warranties,
or any incorrect information provided by City to
District or any misrepresentation made herein by
City.
(ii) Any and all other claims and causes of action
ar1s1ng from any transaction or occurrence
relating to the Water Right prior to the
completion of this purchase and sale.
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(b) Completion of this purchase and sale shall be evidenced
by the execution of this Agreement, the recording of the Grant
Deed, and the recording of a certificate of Acceptance by the
District, the form and content of which is attached hereto as
Exhibit "B". Upon said completion of this purchase and sale,
City shall fully relinquish and forever waive any right, title or
interest to the Water Right and any other rights or authorities
that have accrued, or may accrue, therefrom.
5. General Provisions.
(a) Notices. Any and all notices or other communications
which are required or permitted by this Agreement or by law to be
served on or g1ven to District or City shall be in writing and
shall be deemed duly served and given when personally delivered
to District or city, or in lieu of such personal delivery, on
receipt by District or City, or return undelivered, when
deposited in the United states mail; first-class, certified mail,
postage prepaid, return receipt requested, addressed to District
or City at addresses which are provided below.
DISTRICT
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West San Bernardino County Water District
P.O. Box 920
Rialto, California 92377-0920
Attn: Anthony W. Araiza
CITY
Attn:
(b) Attornevs' Fees. In the event of any controversy,
claim or dispute between the parties which arises out of or
relates to this Agreement or to the breach of the same, the
prevailing party shall be entitled to recover from the losing
party reasonable expenses, attorneys' fees and costs.
(c) Severability. If any provision of this Agreement is
found by a court of competent jurisdiction to be void, invalid or
unenforceable, then the parties agree that such invalidity or
unenforceability shall have no effect whatsoever on the balance
of this Agreement.
(d) Counterparts. This Agreement may be signed and
delivered in any number of counterparts, each of which, when
signed and delivered, shall be an original, but all of which
shall together constitute one and the same agreement.
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(e) Entire Aqreement. This Agreement contains the entire
agreement between the parties with respect to the subject matter
of this Agreement and any agreement or representation with
respect to the same or the obligations of either party with
respect to the same which is not expressly provided in this
Agreement or in a written document which is signed by the party
to be charged, shall be null and void.
(f) Amendment. This Agreement may not be amended except
by a subsequent writing which is signed by the parties.
(g) Incorooration of Recitals. The Recitals set forth in
this Agreement are hereby incorporated into this Agreement and
shall be an operative part hereof.
(h) Successors and Assiqns. This Agreement shall be
binding upon the heirs, administrators, successors and assigns of
District and city.
(i) Governinq Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of
California.
(j) Effect of Waiver. The failure of either party to
insist on strict compliance with any of the terms, covenants or
conditions of this Agreement by the other party shall not be
deemed a waiver of that term, covenant or condition, nor shall
any waiver or relinquishment of any right or power or anyone
time or times be deemed a waiver or relinquishment of that right
or power for any other times.
CITY OF SAN BERNARDINO
Dated:
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, Mayor
City Council of the City of
San Bernardino
WEST SAN BERNARDINO COUNTY
WATER DISTRICT
Dated:
April 6, 1995
D~~~
Oliver P. Roemer, President,
Board of Directors
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No Recording Fee Required Pursuant
To Government Code Section 27383
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
West San Bernardino County
Water District
P.O. Box 920
Rialto, CA 92377-0920
Attn: Anthony W. Araiza
MAIL TAX STATEMENTS TO:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
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 lime of sale
Signature of Declarant or Agent determining tax-Firm Name
APN:
TRA:
GRANT DEED
FOR A 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 Bernard i no
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 Bernardino County, California,
on the 22nd day of December, 1961, in action No. 81264 therein entitled
"The Lytle Creek Water and Improvement Company, a corporation, plaintiff, vs.
Fontana Ranchos Water Company, a corporation, et al., defendants."
Dated
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STATE OF CALIFORNIA
COUNTY OF
On
Mavor
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) isfare 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
Signature
(This area for official notarial seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
1002(1/94)
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Exhibit "B"
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