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HomeMy WebLinkAbout6420 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 RESOLUTION NO. J. 44;/ /) A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGENCY AGREEMENT BETWEEN SAID CITY AND LE ROY V. WILLIAMS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 2 3 4 5 SECTION ONE: That the City of San Bernardino execute an Agency Agreement with Le Roy V. Williams, whereby the City of San Bernardino is named agent for Le Roy V. Williams, for the production and transportation of water to property of Le Roy V. Williams, for use thereon. SECTION TWO: That the said Agency Agreement referred to herein, a copy of which is attached hereto, marked Exhibit "A", and is hereby referred to and made a part hereof as fully as thoug set out at length herein, is hereby approved. SECTION THREE: That the Mayor of the City of San Bernardino is hereby authorized and directed to execute said Agreement on behalf of the City of San Bernardino. I HEREBY CERTIFY that the foregoing Resolution was duly 6 7 8 9 adopted by the Mayor and Common Council of the City of San Bernar- dino at a ^-t!f~(.,~ . on the~.i day ~f, ~",' 1/ . (i r vote'A::s7'::uncilme4~.~~ ,ffb {I t/ 4- (1." ABSENTl~r-;i...~jLh"'! meeting thereof held , 1962, by the following NOES: fl1-?!L I h~eby approve the foregoi , .f,d.~ 1962. I " I j ,/ day of no Approved as to form: ~<o:f~,,_9 ayor 0 1;""- ::~~ , Lb,.~...,.. 'IJ~~"..' ., -~.~, ,', ".:0, in., <>, ,... . /;~--/!,_ ~'i,_h\.. :"DJ '.T~~h ~Jd;v:l,.d T'i~ 1 AGENCY AGREEMENT 2 The City of San Bernardino, a municipal corporation, 3 here:l,nafter referred to as "Agent", and U JlGY V. wn.r.TIoIIIlI 4 5 hereinafter referred to as "OwnerU, agree as follows~ 6 Owner, referring to that certain real property located 7 at 11M _1ft ... .t .....lI1h~ A"... 'la'il Vn~ ...1' :Rid_..... Av__ 8 City of San Bernardino, County of San Bernardino, State of '--"" 9 ~~q~n,i.-a,,! D10r8 Jl~rticy.l,arly described &s followlil~ 4.' . )~;'J:'~.;; 1~ 'J! 'ilJ.'1: I. !lit' M1~1l ~~'~..~h' LOt 5. .fotion ~. township 1 .,,'uth. range 4 ..._. Ban B*1"na1"d.1no Merldian. ln the city ot San B*rnard1no, aooording to United Statea Qoyernment Township Plat thereof. described as followsl Be~ at the northeast cornel" of the north...st 1/4 of the .ollth....t 1/4',001'1' . ...ud ...Uon 6, ~oe alOJlg the _...tv17 Une ot sa1d GoMm- ..nt lot " aorth o. 05' 30" west, t6a.64 teet to the noJ'theast COl'Mr ot the land U.Clri"d 1n the deed NOor4ed in book 3445. pap 210, Ot:N,.da1 Jleool'4., thenCllt alo~ the northerly 11n ot the land d..- cri"4 in aa1d deed, .ollth 89 52' 30. ..t. a13.18 teet; thence aOllt,b. o. 071 30. ...t, 365.00 t..tt taeno. north 89. 5a' 30" ...t, 20.80 t.et, taeace .outh o. 07' 30 ...t. 166.00 t..t to a 11n tA&t 1. 1\&1"&1181 with and distant northerly 131.64 teet. mea.ured. at 1"1tht angle. trom the south line ot the north 1/2 ot wd .eotlon 6, tae..e alo*" ...ld p&1"&Uel Un, south 89. 52' 30" ..st, 592.00 t..t to the tl'Wt point ct 'b.s1nn1ncA thenoe nol"th O. 07' 30" ..at, 166.00 teet, the... .outh 89. 51' 30 ...t, 33.80 t..t, thenoe north O. 071 30" w.at, 210.00 te.t, theace north 89- 52' 30" eaat, 6.00i'te.t, thence :i=:: ~~~1~~='L.;:~~J'J.~~~tt-::~ii:~'t::tu~ a 11nt tba\1. ,IlI.ft.Uel.s.~.pd ~~ "sVl'R ,J9, t,.t. l"U_,\U'e4 at l'ipt&ns1.. tr6It the oenter Ii,n of Meridian A..nl18, 66 f.et n~.~..:~n;;1~~g,':Uto~d~r=ntr~~~.i. .U:, o;~:;. U~~o~:tttr:he-::;:-=1~g1~~1"th 89- 52' 30" east, 27 poses on said property. 2. To deliver said water to said property for use 28 29 thereon. 30 3. To oOlllll1enoe, maintain, intervene in, oompromise, and proe~oute as exolusive agent for' and- on 31 32 t:vi:,t~tt;' '/; I' a"~.,, _.~..~ 20 1 AGENCY AGREEM]J:NT 2 The City of San Bernardino, a municipal corporation, 3 hereinafter referred to as "Agent", and L1I IHlY V. WTT.t.Tl!"l 4 5 hereinafter referred to as "Owner", agree as follows: 6 Owner, referring to that certain real property located 7 at ,. ~~, Ill.. It JlUiUu ""'."". llM tfPl"th 6f' Ki::l_...... Av__ 8 City of San Bernardino, County of San Bernardino, State of 9 Californi~, more particularly described as follows: 10 11 12 13 14 15 16 17 18 19 21 for a good and valuable consideration, receipt of which is 22 hereby acknowledged, does hereby designate and appoint the 23 City of San BernE.rdino, a municipal corporation, his agent 24 for the following purposes: 25 26 27 28 29 30 31 32 1. To produce from the underlying basin water in amounts reasonably needed for beneficial pur- poses on said property. 2. To deliver said water to said property for use thereon. 3. To commence, maintain, intervene in, ,compromise, and prosecute as exclusive agent for' and,' on 4i' . <1"- f- -".. .':' ",.- .' ..' ~: , ,.~~l~.~/t- (( ., 11 !~ ,., r I I I I I , , , I I, II i' I Ii I: Ii , " 1 II I, 2 I 3 behalf of Owner in the name of City, any action or proceeding involving or affecting the title or use of water or water rights of benefit to 4 Owner's land. 5 Owner does not hereby convey to Agent any water right, 6 including any riparian or overlying water right, but intends 7 that such water and water rights as may be affected by this 8 agency Agreement shall be used in, and shall inure to the 9 benefit of said property, Agent having the right to produce 10 and transport the same for the Owner, his heirs, assigns and 11 successors in interest. 12 Agent shall have no obligation to deliver, or to cau~e tp 13 be delivered or to continue delivery of any water or of a 14 specific amount of water. Any delivery of water by Agent 15 I ji 16 i! il 1711 I' 18 " 1911 Ii 20 Ii iI '! 21 II I' 22 i: Ii I: 23 Ii II 24 II 'I 2511 26 I! " 27 II Ii 28 Ii , , 29 I i 301 I I :11 'I I, I ! or by such other person as may be desi.gnated by Agent shall be made pursuant to the established rates a nd the rules and regulations of Agent. Agent shall have the right to revoke, cancel and terminate this Agreement by a 30 da~s Notice in writing mailed to owner. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and to their heirs, successors and assigns and shall continue in effect for a period of fifteen (15) years from the date hereof. IN WITNESS WHEREOl", the parties hereto this Agreement on the~ day Of~ the City of San Bernaraino, Cali nia. have executed , 1962, in ATTl!:ST CITY OF SAN BERNARDINO ~.u(b-.e.( -' MaJOr c43-. v. 0L~ Owner rJ!~~~~ Cty C erk 1 2 3 4 5 6 7 ,I sli , 91: " 10 II 11 'I :1 12 Ii II 13 II ,I 1q I' 1511 16 !: 'I I, 17 II I lS II 19 I! I! 20 II , i' " 21 'i i: 22 II Ii " 23 II II 24 II 'I 25 II 2611 I: 27 II " j: 2S Ii I: 29 Ii 30 'I , I 31 32 !: i! II Ii II Ii STA~E OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ~ as. On this 14th day of June before me, the undersigned, a Notary Public in and for , 196L" sa~d County and State, personally appeared LI aor v. 'l~~J~ known to me to be the person__whose name__ -!!-subscribed to the within instrument and acknowleaged to me that be exectted the same. WITNESS my hand and official seal. vA?I1J/Jb Notary Pub ie in and County and State. i'_ l,;1 ! .' , " ~ j . . I :