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HomeMy WebLinkAboutRes -1568 - Water Shares of Del Rosa Mutual Water Company RESOLUTION N0. 1568 ,~ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST SAN BERNARDINO COUNTY WATER DISTRICT ACCEPTING AGREEMENT AND AUTHORIZING PRESIDENT. AND SECRETARY EXECUT] AGREEMENT WITH LYMAN S. RICH AND ELIZABETH RICH, HUSBAND AND WIFE, ACKNOWLEDGING RECEIPT OF WATER SHARES OF DEI, ROSA MUTUAL WATER COMPANY IN SATISFACTION OF EAST SAN BERNARD]:NO COUNTY WATER DISTRI~ WATER FORMULA BE IT HEREBY RESOLVED by the Board of Directors of the East San Bernardino County Water District as follows: WHEREAS, an Agreement has been prepared by and between LYMAN S. RICH and ELIZABETH RICH, Husband and Wife, and the East San Bernardino County Water District wherein and whereby both parties agree to the terms, conditions and all pertinent matters set forth in said Agreement and same is hereby accepted for and on behalf of said District; and WHEREAS, it appears to be in the best interest of the East San Bernardino County Water District and the Ric:hs to execute said Agreement; NOW THEREFORE BE IT RESOLVED, that the President and Secretary be and they are, hereby authorized, directed and empowered to execute on behalf of the East San Bernardino County Water District the Agreement above referred to in the form and manner as prey sented to the Board of Directors of said Di:>trict August 14, 1972. IT IS FURTHER RESOLVED that the Secretary of said District be and he is, hereby authorized and directed to attach a certified copy of such resolution of Acceptance to said Agreement and to transmit same to the San Bernardino County Recorder for record- ation and file in the records of the District. The foregoing resoluction was duly adopted at a Regular Meeting of the Board of Directors of the East San Bernardino County Water District upon motion made, duly seconded and carried unanimously on August 14, 1972. i ~ Raymond E. Stallwood, President Board of Directors /+ r Attest: >,//~~~ z~ ~•• ~,. ?~C( Ddvid V. Garcia, Acting Secretary Board of Directors ATE OF CALIFORNIA ) unty of San Bernardino ) I, David V. Garcia, Acting Secretary of the East San Bernardino unty Water District Board of Directors, do hereby certify that e foregoing is a true and correct copy of a resolution adopted d entered in the Minutes of the Board of Directors of said strict at a regular meeting held August 14, 1972. `~- ~~ C~C/~L'~~~~ ,"'y'sc~tc,vy~ David V. Garcia, Acting Secretary AGREEMENT ACKNOWLEDGING RECEIPT' OF WATER SHARES OF DEL ROSH MUTUAL WATER COMPANY IN SATISFACTION OF EAST SAN BERNARDINO COUNTY WATER DISTRICT WATER FORMULA --------------------------------------- THIS AGREEMENT, made and entered into this 26 day of .7uly .1972, by and between EAST SAN BERNARDINO COUN'T'Y WATER DISTRICT, a public corporation, hereinafter designated as DISTRICT and ELIZABETH RICH and LYMAN S. RICH, wife and husband, hereinafter designated as RICHS; WITNESSETH: WHEREAS, DISTRICT has established a water formula as a condition to rendering water service to real property within the boundaries of DISTRICT, or real property sought to be annexed to the boundaries of said DISTRICT; and, WHEREAS, such DISTRIC'T' formula may be satisfied by the dedication of water stock in an operating and established water company which has an established surface or pump right upon the real property to be served domestic or industrial water by the DISTRICT; and, WHEREAS, Del Rosa Mutual Water Company has established such a right upon ail of the real property hereinafter described by delivering water thereto for the purpose of irrigation of an olive grove upon said property; and, WHEREAS, RICHS, the owners of record of the real property hereinafter described have requested and elected to deliver to the DTS'I'RICT one hundred (100) shares of stock of Dei Rosa Mutual Water Company, Lo be applied'by the. ~• DISTRICT in satisfaction of the DISTRICT water formula upon all of the real property hereinafter described; and, ,f• .. . WHEREAS, the DISTRICT, in consideration of the transfer and convey- ance by RICHS, to the DISTRICT of the said one hundred (100), shares of stock' of the Del Rosa Mutual Water Compan~, will consider the DISTRICT water form- . 44/ ula fully satisfied upon all of the real property hereinafter described for. any and all future development of said real property. NOW, THEREFORE, for good and sufficient consideration, which is hereby mutually acknowledged by the parties hereto, it is agreed as follows: -1- /,~o~c: ,~~. ;~ ,~ ' 1. RICHS do hereby transfer and convey to the DISTRICT stock Certificate No. 460, representing one hundred (100) shares of stock of Del Rosa Mutual Water Company, free and clear of any and all encumbrances or pledges thereon, in full satisfaction of the DISTRICT water formula as applied to all of the real property hereinafter described; 2. DISTRICT acknowledges receipt from RICHS of said Certificate No. 460, representing one hundred (100) shares of stock of Del Rosa Mutual Water Company, in full satisfaction of the DISTRICT water formula covering all of the real property hereinafter described for any and all future development of said zeal property: 3. The real property referred to in this agreement is situated in the County of San Bernardino, State of California, described as follows: Lot 4, and the South 11. 25 feet adjoining on the South, in Block 15, ORANGE GROVE TRACT, WEST HIGHLANDS, as per plat recorded in Book 11 of Maps, Page 14, records of said County. Together with the North 11.25 feet of Date Street, adjoining said property on the South as said street was accepted by Resol- ution of the Board of Supervisors of San Bernardino County; California, on November 23, 1896, 60 feet wide. EXCEPTING THEREFROM that portion of said property conveyed by ELIZABETH RICH and LYMAN S. RICH, wife and husband, by deed dated March 2, 1966, to the State of California, and which said deed was recorded on April 12, 1966, in Boolc 6606, Page 319 of Official Records in the Office of the County Recorder of San Bernardino County, California, and which conveyed that portion of said property described as: That portion of Lot 4, Block lb, Orange Grove Tract, West Highland, per Plat recorded in Book 11 of Maps, Page 14, in the Office of the County Recorder of said County, lying Northerly of the following described line: z" . BEGINNING on the West line of said Lot, distant along said West line South 0° 34' 51" East 323.75 feet from the North- , west corner of said Lot; thence South 77° 14';42'"East ' 451.39 feet to the East line of said Lot. This conveyance is made for the purpose of a freeway and the . grantor hereby releases and relinquishes to the grantee any and all abutter's rights, ,including access rights, appurtenant to grantor's remaining p~gperty, in and to said freeway. 4. This agreement shall be binding upon, and inure to the benefit of the heirs, successors and assigns of either or both of the parties hereto. -2 - IN WITNESS WHEREOF, the parties hereto have aet their respective harxls the day and year in this agreement first above written. EAST SAN BERNARDTNO COUNTY WATER DI5'TRICT, a,public corporation. President Secretary STATE OF CALIFORNIA COUNTY OF SAN BERNARDIIQO ) ss. ~, _e -,. - ..t.~~{aS. Notary Public in and for said County & State On Auaust 14 1972, before me, the undersigned, a Notary Public in and for said County and State, personally appeared R. E. STALLWOOI~ kno~ra to me to be the President, and HAROLD G. RICKERT, known to me to be the Secretary of the public corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the public corporation therein named, and acknowledged to me that such public corporation executed the within Instrument pursuant to its by-laws or resolution of its board of directors. WITNESS my hand and official seal. SX.. ~I ...x ~ImWInW111111YIIIIl11n1111YNIWWINN1111xIIWIYx~IxnXnlluyxN~xx' s. , ~~~ LERGY K. R©ESKE ' ~ ? NGTARY PUBLIC i / SAN BERNAROIfJO COUNTY E CALIFORNIA f '_..~mission Expires May 11, 1975 1 ...... r. .Limmnnulilxmixm~nixoxx.x.....x.~~~...xx....~~~~...............F STATE OF CALIFORNIA COUNTY OF SAN BERNARDWO ss. Lyr~r2n S. Rich rC.~ _% Elizabeth"Rich On ~ ^-~ ~ 1972, before me, the undersigned, a Notary Public in and or said County and State, personally appeared LYMAN S. RICH ', and ELIZAB H RIG~H, known to me to be the persons whose names are $yb- scribed to the within Instrument, and acknowledged to me that they executed the same. WITNESS my hand and official seal. ;ti. .: . ~ Nota ry~~tlblic in a . for said County & State , y,y.` ,~. ~Y .. '~u1nL`xilnnimlmuunnxlm mnlmm~nlnmm~mm m~nmmmm~nlllnnmunnnmY r ` h ¢ mn ~ . ~ ~~n` ~ ' NOTARY PUBLIC ~' \}r`m'~.7 $AN BERN~1i2U!NO COUAi^.( A :',~ \p . CALiPURNIR h1y Corr~lnissicn Expires May 11, 1975 -3 -