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HomeMy WebLinkAboutRes -1566 - Joint Powers Water AgreementRESOLUTION NO. 1566 A RESOLUTION OF THE BOARD OF DIRECTORS OF TF.[E EAST SAN BERNARDINO COUNTY WATER DISTRICT ACCEPTING AGREEMENT TO GRANTING TEP4PORARY EXCEPTION TO JOINT POWERS WATER AGREEMENT WITH THE CITY OF SAN BERNARDINO AND AUTHORTZI.NG PRESIDENT AND SECRETARY TO EXECUTE SAID AGREEMENT FOR GOOD CAUSE APPEARING, and in accordance with the terms of an Agreement made and executed by and between said East San Ber dino County Water District and CLAUDE M. NEWCOMB IT IS HEREBY RESOLVED: That approval be, and it is hereby, given to Claude M. Newcomb to temporarily connect his real property located at 7917 Cooley Street, San Bernardino, California, to the water facilities of the City of San Bernardino as a temporary exception to the terms of the Joint Powers Water Agreement presently existing between the East San Bernardino County Water District and the City of San Bernardino. BE IT FURTHER 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 Agree ment above referred to in the form and manner as presented to the Board of Directors of said District on August 14, 1972 And the Secretary is hereby authorized, directed and empowered to attach a certified copy of resolution to Agreement and transmit same to County Recorder of San Bernardino County for recordation. The foregoing Resolution was duly unanimously adopted at a regular meeting of the Board of Directors of` the East San Bernar- dino County Water District at San Bernardino, California on August 14, 1972. AYES: Directors Disch, Forrest, Littleton and Stallwood NOES: Directors none ABSENT Directors 0. A. Wall ~` > > / ~_ ~-- '~ . ' R. E. Stallwood, President Board of Directors of East San Bernardino County Water District ~l''f f Attest: ~~~~ ~,,y~.~...~ David V. Garc a, Acting Secretary Board of Directors of East San Bernardino County Water District CERTIFICATION STATE OF CALIFORNIA ) County of SanBernardino ) I, David V. Garcia, Acting Secretary of the Board of Directors of the East San Bernardino County Water District do hereby certify that the foregoing is a true and correct copy of a resolution whicY was on motion duly made, seconded and unanimously adopted and entered in the Minutes of the Board of Directors of said District at a regular meeting of said Bo eld August 14,.1 1972 at San Bernardino, California. ~y ///J~{ ~G~4Lv....~ l~~ : LG--.C:( David V. Garcia, Acting Secretary Board of Directors 682.1 AGREEMENT THIS AGREEMENT, made and entered into this 14 day of August , :1972, by and between EAST SAN BERNARDINO COUNTY WATER DISTRICT, here- inafter referred to as "DISTRICT" a.nd CLAUDE M. NEWCOM$, a single man, h<:reinafter referred to as "NEWCOMB" WITNESS ET H: WHEREAS, Newcomb is the owner of real property, commonly known as '1917 Cooley Street, San Bernardino, California, particularly described as follows; That portion of Lots 12 and 13, Block 44, RANCI-i0 SAN BERNARDINO, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows; BEGINNING at the Intersection of the North line of. said Block 44, with the East tine of the Cooley Tract, as per plat recorded in Book 5 of Maps, page 52, records of said County; thence South along said East line of the Cooley Tract, 142.5 feet; thence East parallel with the North line of said Block 44, 190.75 feet; thence North parallel with the East line of said Cooley Tract, 142.5 feet, to a point in the North line of said Block 44; thence West 190.75 feet to the point of beginning. and which said real property is within the boundaries of the District and which said real property is within the area in which the District has the right, under the terms of a joint Powers Water Agreement between the District and the City of San lle:rnardino, to render and furnish water service; and, WHEREAS, Newcomb has requested water service from said District and the said District has agreed to furnish and supply such water service from present existing facilities of said District at 5th Street and Cooley Street; and, . ;: WHEREAS, in order to connect to the present existing facilities of said Listrict at 5th Street and Cooley Street, Newcomb would be.required to extend- .~ his building service line approximately 400 feet at Newcomb'"s~cost; and, WHEREAS, Newcomb has requested that District, norw?thstanding the terms of the said Joint Powers Agreement above referred to, permit Newcomb to seek temporary connection to an•existin``~`water facility of the City of San Bernar- dino existing adjacent to eaId real property until such time as District facilities are extended adjacent to said real property at which time said real property will be connected to District facilities at the expense .of Newcomb. -1- NOW, THEREFORE, in consideration of the mutual covenants and agree - menu of the parties hereto it to agreed as follows: 1. District agrees that D~strict will execute and deliver to Newcomb an authorization to the City of San Bernardino to Furnish temporary water to Newcomb at the real property above described as a temporary exception to the Joint Powers Water Agreement between the District and the City of San Bernardino; 2. Newcomb agrees that, in consideration of said authorization by the District, Newcomb will disconnect such temporary water service connection with the City of San Eernardino and will connect at the sole expense of Newcomb to District water facilities as and when District water facilities are installed adjacent to said real property in accordance with the ordinances, rules and regulations of the said District then in effect; 3. This agreement shall be binding upon the heirs, executors, administ- rators and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. EAST SAN BERNARDINO COUNTY WATER DISTRICT President Claude M.~ Ne comb Secretary •4 w ~ tr i . ~ 1• +yy ~T -'L .