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HomeMy WebLinkAboutOrd - 151 - Accepting Deeds and Agreements from Landowners ,..... ,....., ,.... "1 ...... , BOOK5tJ2 PAGE550 .' ORDINANCE NO.~ AN ORDINANCE ACCEPTING DEED AND AGREEMENTS FROM LANDOWNERS WITHIN THE BOUNDARIES OF THE DISTRICT AND FOR THE PERFORMANCE ~ THE DISTRICT OF THE TERMS AND CONDITIONS THEREOF / The Board of Directors of the East San Bernardino County Water District, herein called "District", does ordain as follows: 1. The territory within the District and the territory ~ CtJ f- within which it may expand overlies an underground water basin from which the District extracts water for delivery to lands lying within its boundaries. 2. The District has acquired and will acquire certain rights to extract water from said basin to carry out the powers and purposes of the District. 3. The owners of land within the boundaries of the District have certain additional rights to extract water from said basin. 4. That it is to the best interest of the District and to the landowners within its boundaries that to the extent that the District delivers water to said lands that in addition to exercising all of the District's rights to extract wateI' from said underground water basin, and without limitation thereon, that the District shall exercise, as trustee and agent for and on behalf of said landowners, the landowners' rights to extract the quantity of water so delivered. 5. That to carry out the powers and purposes herein set forth, the District is hereby authorized and empowered to accept from landowners within its boundaries a Deed and ~greement substantially in the form attached to this Ordinance, marked Exhibi t "A" and made a part hereof as though set forth in full at this point herein, and to perform the terms, covenants and conditions by the District to be performed as therein set forthr and the District's secretary is authorized and directed to endorse on all such Deed and Agreements de- livered to the District, an acceptance thereof and to record the same with the County Recorder of the County of San Bernardino. -1- !' ,...., "'" """ .""' BOOK~432 PAGE~)5t , ~~w~ President Attest: --7~~ c~ ,"~ Secre ary p¡:¡. CIJ ~ ------- PASSED and ADOPTED at a regular meeting of the Board elf Directors of the East San Bernardino County Water District. San Bernardino County. California. duly held on the ;'11:1- day f'1,6 I . ~. by the following vote: of,jJ-ð~ AYES, and in favor thereof. Directors: J;¡ott", Broole", r...Vp"m"" Littl..tnn i'lnn Wi'lll NOES, Directors: Nnn.. ABSENT, Directors: None ~~~ -2- '" ~ ....... ,... ¡II' ~ ~ BOOK5/i32 PAGE552 ,EXHIBIT "A" DEED AND AGREEMENT Providing for Conveyance of Water Rights in Trust The undersigned, owner- of the following "escribed I'eal property located in San Bernardino County, Ca~fornia, to wit: ~ œ ¡.;¡, do--- hereby grant, sell and convey to the East San Bernardino County Water District (hereinafter called District), as Trustee and agent for the undersigned, all of the undersigned's right, title and interest in and to the waters underl~ing the property hereinbefore described together with the right to extract the same for the purpose of furnishiRg a water supply to said property. This instrument does NOT grant, sell or convey the right to place wells or pumping plants on the pro~erty hereinbefore described, and District shall extract said water from facilities and on lands owned, leased or contracted by it independent of this instrument. The District agrees that when it delivers water to the lands hereinbefore described, which is extracted from the underground water basin underlying said land, that in addition to exercising all of its rights to extract water from said underground water basin, and without limitation thereon, to exercise, as Trustee and agent for and on behalf of and for the benefit of the undersigned, the undersigned's rights to extract the quantity of water so delivered from said basin underlying said property. -1- EXHIBIT" A" ... '" - ""' """ ~ r"\ BOOK5432 PliGE553 £XJfI13JT AN I' Acceptance of this instrument by the District shall not relieve the undersigned from complying with any and all rules and regulations, or emergency restrictions or ordinances, or paying rates established for water, as may be enacted or es- tablished from time to time by the District as a condition or ~ œ ¡..o. restriction to delivery of water. This instrument shall be a covenant running with the land hereinbefore described, both as to benefits and to burdens and shall be binding upon the heirs, successors, personal represen- tatives and assigns of the undersigned. Dated: Witness: , 19_. State of California County of On this----- day of ,19 , before me, the undersigned, a notary public in and for šãId County and State, personally 'õtppeared ," ", , , and , known to me to be the person- who subscribed his (her or their) name- to the within instrument, and who acknowledged that he (she or they) signed same. and , ]mm'/n to me to be the (vice) president and (assistant) secretary or of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. , known to me to be the person whose name is subscribed to the within instrument as a witness, and who, being by me first duly sworn, said that he was present and saw who is (are) named in said instru~ent as parties thereto, exe- cute the same, and that thereupon he subscribed his name to said instrument as a witness thereto. Witness my hand and official seal. Notary Public in and for said County and state. The foregoing instrument is hereby accepted for recorda- tion pursuant to the authority granted me by Ordinance No.----- recorded in Book----- at pages et seq., San Bernardino County Records. Secretary, East San Bernardino County Water District. -2- EXHIBIT "A" "" -, -- ,- 'y . /}, ~.. .,- ~ ;, I I I STATE OF CALIFORNIA ¡ ss COUNTY OF SAN BERNARDINO) HAROLD G. RICKERT, being first duly sworn, deposes AFFIDAVIT OF POSTING ¡ :¡o :J: """ and says: That he is, and during all times herein mentioned was, the duly acting and qualified Secretary of the East San Bernardino County Water District, San Bernardino County, California; and that on the 15th day of February 1961, he posted full, true and correct copies of Ordinance No.~, An Ordinance Amending Ordinance No.2 of the East San Bernardino County Water District, Fixing the Time and Place for the Regular Meeting of the Board of Directors of ¡The East San Bernardino County Water District in three public I places in said District, to wit: Littleton's Dairy Farm 1380 Lynwood Drive San Bernardino, California Peyton Taylor Real Estate Office 25408 Base Line San Bernardino, California East San Bernardino County Water District Main Office 7337 Del Rosa Avenue San Bernardino, California .' / (;""j;S;{t4¿.i::. ~b::{-..éù.( /Sig/ Harold G. Rt6kert Subscribed and sworn to before me this,. RECORDED ""0 I,,-~~ day of ¥~kU<.l~ ,19~ 481~~']~:t'~¿~ .~ é~ &L tf EIJSAr:m, rr:mcrNS (fA, -7/fJ dt~ 4Á-"u- Notary Public in and for the County of MAY 17 II? "" '51 San Bernardino, State of California. <:)IJ':";\ ,¡ ;).¡, '";:'j,} :¡fFltl.L -~ftORO$ "" ~~~ ~ff~~~,~"'3,C~~~j'>m f, 1:1JZ' ßlað~7(/M:l'~~v' -¡~~~ PHOTOSTATED l;fr Coinmi,,!on cKpb J,nuaiy 22, ¡~6; /' Clli;l'.t