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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