HomeMy WebLinkAbout26-Water Department
ttlTY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
.
From:
Bernard C. Kersey
General Manager
Water Department
January 23, 1997
Subject:
Purchase and Sale Agreement
between West San Bernardino
County Water District and the
City of San Bernardino as
related to "Water Rights."
Dept:
O.7/GINAL
Date:
Synopsis of Previous Council action:
Resolution No. 95-74 was adopted on March 30, 1995.
ADMIN. OFFl.Ce.
27 .IAN 97 913:)
Recommended motion:
Adopt Resolution.
~f~
Contact person: Bernard C. Kersey, General Manager Phone: 384-5091.
Supporting data attached:
Yes
Ward: N/A
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
Res 97 - J,1
~/3/91
Agenda Item No. ~ (,.
75-0262
.
.,
~.
.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
The Mayor and Common Council approved Resolution No. 95-74 on March
20, 1996 approving a Purchase and Sale Agreement by and between the
City of San Bernardino and West San Bernardino County Water
District (WSBCWD), and authorized the recordation of the Grant Deed
and other appropriate documents as described in the agreement.
On July 25, 1995, the Grant Deed was sent to the County Recorder's
Office for recordation and was subsequently returned unrecorded as
the document failed to provide an Assessors Parcel Number and
several other minor items. The document was subsequently returned
to WSBCWD to provide the necessary information.
The Water Department received a letter dated August 8, 1995 from
Redwine and Sherrill, legal counsel for WSBCWD, with specific
instructions to follow prior to recording the Grant Deed, and
enclosed a new Grant Deed with a more detailed legal description.
The detailed legal description in the new grant deed depicts the
Rialto Water Basin as it is defined in the judgement rendered by
the Superior Court of San Bernardino County dated December 22,
1961, Case No. 81264.
A determination was made by the city Attorney's office on July 30,
1996 that due to the legal description change, the Grant Deed must
go back to the Mayor and Common Council for approval before it can
be recorded.
It is recommended that, pursuant to Resolution No. 95-74, the Mayor
and Common Council approve the revised Grant Deed as prepared by
Redwine and Sherrill and forward to the County Recorder's Office
for recordation.
r
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 $.......N.lJ.N.Il.
.....Computed on the consideration orvalue 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
APN: Unknown/Unavailable
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
County of San Be r n a r din 0 . State of Californla described as
Any and all rights of the City of San Bernardino in ,,'nd under chat certaln 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 2 6 4, e n tit 1 e d The ~1:!!.~_C"!-":.!',-IS.!!:~!.!!E_a_'!...<!..I!!!.E?!:~~~!'.~~!_~O m J>_a_n...x... v .
Fontana Ranchos Water ComJ>_'!..!!J' et al., to produce groundwater from the basln commonly
known as the Rialto Basin underlying the property described in the legal description
attached as Exhibit "A" hereto and incorporated herein. A certified cop.y of Grantor's
Resolution No. 95-74 is attached as Exhibit "B" hereto and incorporated herein by this
reference. Grantor's Certificate of Acceptance is attached as Exhibit lie" hereto and
incorporated herein by this reference.
I
I ss.
I
CITY~~ERN~DINO
~ / ~//buYL
-Yom Minor, Mayor
Dated
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/she/they executed the
same in his/herlthelr authorized capacity(ies). and that by hislherltheir
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(11941
e
e
e
./"
DESCRIPTION or BOUNDARIES OF RIALTO BASIN
BEG!NNING at a point on the centerline of Meridian Avenue, as
shown on plat of Town of Rlalto'iand Adjoining Subdivisions, as recorded
In Map Book 4, page 1\, records 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 Rlalto Avenue (Arrow Route) as shown on said subdivision
plat, said point being 400 feel East of the Intersection of West Rlalto
Avenue and Cactus Avenue; thence Northwesterly to a point on the center
lIile of roothlll Boulevard (State Highway Route No.9), said point being
1,050 feet East of the intersectton of said Foothlll 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 Foothill 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 Foothill Boulevard; thence
Northwesterly to the intersection of Alder Avenue and Baseline Road, said
Intersectton being the Southeast corner of Section 3?, 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&M: thence Northeasterly along the
base of the San Gabriel Mountains in a direct Une 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 a long the base of
the Si:ln Gabriel MountaIns In a dlreot line to a point in fractional Sectton .
7, TIN, R5W, said point being 2,200 feet North and 3,700 feet East of the
Southwest comer 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 MuscupiilDeRancho, 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 fractlonalJ!~RW)n 2!i, TIN, R5W, SBB&M; thence Southeasterly
to a point In fractional Sectton 6, 'fIS, R4W, SBB&M, said point bang
1,500 feet North and 4,300 feet Epst of the Southwest corner of said frac-
tional Section 6: thence Southeasterly to a point on the centerllne of Mill
Street, as shown on plat The Martin Tract, as recorded in Map Book 3,
page 27, Records of the County Recorder of said County, sa ld point being
1,050 feet West of the intersectton of said Mlll Street and Mt. Vernon
Avenue; thence Southwesterly to the point of beginning.
GRANT DEED
EXHIBIT "A"
e
e
e
GRANT DEED/EXHIBIT "B"
1
2
95-74
RESOI,UTION NO.
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, APPROVING A PURCHASE AND SALE AGREEMENT BY AND
BETWEEN THE CITY OF SAN BERNARDINO AND WEST SAN BERNARDINO COUNTY
WATER DISTRICT.
3
4
5
6
7 as
WHEREAS, the City of San Bernardino, hereinafter referred to
"City",
and
West
San
Bernardino
County
Water
District,
8 hereinafter referred to as "District" are two (2) of a number of
9 parties to a certain 1961 stipulated Judgment in the matter of
10 Lytle Creek Water and Improvement company vs. !,ontana Ranchos Water
11 Company et al., San Bernardino county superior Court Case No.
12 81264; and
13
WHEREAS, the city is successor-in-interest to a well with a
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
stipulated pumping right of 290.00 acre feet (AF) 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"), 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
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
2/15195
-1-
EXHIBIT "B"
e
e
e
1 RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WEST SAN
2 BERNARDINO COUNTY WATER DISTRICT.
3 Agreement and the recording of a Grant Deed.
4
5
6
7
8
9
10
11
12
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION ONE:
The Mayor of the city of San Bernardino is
hereby authorized and directed to execute the Purchase and Sale
Agreement and the recordation of the accompanying Grant Deed, as
set forth in Exhibit "1" which is attached hereto, by and between
the City of San Bernardino and West San Bernardino County Water
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
13
14 attached to said Grant Deed, and that the same be recorded in the
15
16
17
18
19
20
21
Office of the County Recorder of San Bernardino County.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the city of San
Bernardino at a
regular
meeting thereof, held
on the
20th
March
, 1995, by the
day of
following vote to wit:
221111
"};illll
241111
').51111
261111
27 I I I I
281111
2/15195
-2-
e
e
e
RESOLUTION AUTHORIZING
AGREEMENT BETWEEN THE
BERNARDINO COUNTY WATER
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16 of
17
18
19
20
21
22
23
24
25
26
27
28
COUNCILMEMBERS:
AYES
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
THE EXECUTION
CITY OF SAN
DISTRICT.
OF A PURCHASE AND SALE
BERNARDINO AND WEST SAN
NAYS
ABSTAIN
ABSENT
x
x
x
x
x
x
x
~Cla~Clerk
The foregoing resolution is hereby approved this d~nj
March
APPROVED AS TO FORM
AND LEGAL CONTENT:
JAMES F. PENMAN
City Attorney
)
}. j <;:./.-0>'4".....
2/15/95
day
, 1995.
--j'67t ~/t~
Tom Minor, Mayor
city of San Bernardino
-3-
e
e
e
GRANT DEED
EXHIBIT "e"
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 iza, Secretary
West San Bern rdino County
Water District
EXHIBIT "e"
..
I
I~UD TOR/CONTROLLER-RECORDER
.............. .:..........'.....'?I.M.IIIlI"..:....,....'w.......'.I:"I:..".rJ'...Ij.."......I....'::t.
. ..., . . " ~ .. .v.
. .,............. "..:., ~:..w...,;. . :". ..:. .: >..,.~: ,if.. ......; ..:..LL..~....::..:....::i ..r "
COUNTY OF SAN BERNARDINO
.UDIT NTROLLER . 222 W.st Hospltallty Lan.. Fourth Floor
on Bernardino. CA 92415-0018 . 19091387-8322
:ECORDER . 222 Wast Hospitality Lan.. First Floor
;an Bernardino. CA 92415-0022 . 19091387-8306
ERROL J. MACKZUM. CPA
Auditor/Controller.Recorder
ROBERT L CALOERON. CIA. CISA
Assistant Auditor/Controller-Recorder
AUG 1 19!i
w, ." returning tb, ,nt:lDsed DOCUMENTS UNRECORDED for tb, "ISDn's) indie.ted below.
l'IRse I. (.IJ mem.
o Incoll1lct 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 ,oucher (has not been signed) !payable to wrung party, please make payable to County Reeorder).lover 6 months old)
lis non-personelized and Clnnot be accepted for recording charges).
. 0 Your formls) are mor~ than or less than 8Yz.x ". California IGov't Code 27361.5). Form!s) that do not comply with this Code Section
wm be charged a special handling fee of !3.00 mora per page to record each document.
AFor 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 ba 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 taXIs paid either in person or by an agent such as an escrow company.
o Insert return and/or tax statement address in upper left comer. Please include zip code.
. 0 You must complete the attached .COVER SHEEr with Nama & Address and TIde of Document California IGov't Code 27361.6).
-
. []"" Declaration of documentary transfer tax must be completed and signed on your deed. ISee schedule)
~ssessor's parcel number Ifound on tex bill) omitted. Insert where indiceted.
o Indicate on document the first and last name of all parties.
ri The Iegel description has been omitted/Exhibit is missing.
B Print or type name (below signlltUre] lof cnmnanl' above signaturaL
o A self.addressed. stamped envelope is required for the return of your conformed copy or receipt.
e ADDITIONAL INFORMA TION ON THE REVERSE SIDE OF THIS FORM IF AREA IS HIGHLIGHTED
· See Attachment
ttiJl