HomeMy WebLinkAboutRes -1540 - Accepting Agreement with the State of California by and Through the Dept. of Mental Health HygieneRESOLUTION NO. 1540
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST SAN BERNARDINO
COUNTY WATER DISTRICT
ACCEPTING AGREEMENT AND AUTHORIZING EXECUTION OF AGREEMENT WITH
THE STATE OF CALIFORNIA BY AND THROUGH THE DEPT. OF MENTAL HYGIENE
AND THE DEPARTA~NT OF GENERAL SERVICES AND `.CHE EAST SAN BERNARDINO
COUNTY WATER DISTRICT
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 the State
of California, Department of Hygiene and Department of General
Services 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 intaarest of the East San
Bernardino.COUnty Water District and the State of California, Dept
of Mental Hygiene and Dept. of General Services 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 pre-
sented to the Board of Directors of said District on May 8, 1972.
IT IS FURTHER RESOLVED that the Secretary of said District, be
and he is, hereby authorized and directed to attached a certified
copy of such resolution of Acceptance to said Agreement and to
transmit same to the County Recorder of San Bernardino County,
for recordation and filed in the records of the District.
The foregoing resolution 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 May 8, 1972.
Ayes, Directors Disch, Forrest, Littleton, ;ttallwood and Wall
Noes, Directors None
Directors Absent None
EAST SAN BERNARDINO COUNTY WATER DISTRICT
,~ ~ '. ii
Raymond.. Stallwood, President
Board of Directors
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Attes --~~ ~. ~'
"i
Ha old G. Ricke , Secretary
Board of Directors seal
STATE OF CALIFORNIA )
)ss
County of San Bernardino )
I, Harold G. Rickert, Secretary of the Board of Directors of the
East San Bernardino County Water District, d.o hereby certify that
the foregoing is a true and correct copy of a resolution adopted
and entered in the Minutes of the Board of Directors of said
District at a Regular Meeting held ~ May 8, 1972.
_ ~ ~
'~ Harold G, Rickert, Secretary
Board of Directors
seal
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AGREEMENT
THIS AGREEMENT, made and entered into this _8 day of
„_,__ rta~ 1972, by and between THE STATE O:F, CALIFORNIA,
by and through the Department of Mental Hygiene and the Department of
General Services, hereinafter referred to as "STATE", a.nd EAST SAN
BERNARDINO COUNTY WATER DISTRICT, a County Water District, here-
inafter referred to as "DISTRICT",
WITNESSETH:
WHEREAS, the "STATE" owns certain water wells which were form-
erly operated on the farm property at the Patton State Hospital at Patton, in
the County of San Bernardino, State of California; and,
WHEREAS, the "STATE" now desires to transfer the "STATE'S" water
rights in and to certain of the said water wells, hereinafter specifically des-
cribed, to the "DISTRICT"; and,
WHEREAS, the "STATE", in consideration of the said transfer to the
"DISTRICT", desires assurance of domestic water service from the "DISTRICT"
to certain properties presently owned by the "STATE" in the County of San
Bernardino, consisting of approximately 293 acres, south of Highland Avenue,
hereinafter particularly described; and,
WIIEREAS, the "DISTRICT" is willing and able, subject to its rules,
regulations and ordinances, to provide to the lauds so owned by the "STATE"
the desired domestic water service; and,
WHEREAS, it has always been the desire and policy of the "DISTRICT"
to protect, perpetuate and continue to perpetuate all established water rights
within the general area for the benefit of the "DISTRICT" and the general area,
and it would appear that the proposed transfer would be to the best interest of
the "DISTRICT" and the said general area; and,
WHEREAS, the "DISTRICT" has established, as one of its conditioi;, to
lands receiving such domestic water service, that the "DISSTRICT" water iorm-
ula of three (3) acre feet of water rights per acre per. year be met and satisfied
in one or more of the following means:
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(a) Prescriptive water rights as defined in "Exhibit A";
(b) Three (3) shares of water stock of NORTH FORK WATER
COMPANY, per acre;
(c) Fifteen (15) shares of water stock of BEAR VALLEY
MUTUAL WATER COMPANY, per acre;
(d) Six (6) shares of water stock of CITY CREEK WATER
COMPANY, er acre;
(e) Six Hundred and /100 ($600.00) Dollars cash per acre.
NO11W, THEREFORE, it is mutually agreed as follows:
1. That the present prescriptive rights to water of the "STATE", as
established from public records, and determined by applying the "DISTRICT"
water formula, iu and to the water wells hereinafter listed in "Exhibit A"
attached hereto and made a part hereof by reference, is 494 acre feet, pro-
vided the within agreement is fully executed and delivered to the "DISTRICT"
prior to December 31, 1972. In the event that the 494 acre feet are not main-
tained for the calendar year 1972, the said prescriptive rights of the "STATE"
will be determined as the amount recorded for the year 1972, not to exceed
494 acre feet or a minimum of 38 acre feet, as indicated on "Exhibit A", as it
will apply to the "DISTRICT" water formula;
2. That the "STATE" wells, which are the subject of this agreement,
are described both by number assigned by the State Water Rights Board and also
by the number assigned by Patton State Hospital on the attached "Exhibit A";
3. That concurrently with the execution of the within agreement the
"STATE" shall transfer and convey to the "DISTRICT" all of the "STATE'S"
prescriptive rights to water in the "STATE" wells described on "Exhibit A",
to be applied toward satisfaction of the "DISTRICT" Water Formula as to 165
acres of the 293 acres belonging to the "STATE", provided 494 acre feet are
thus conveyed by June 1, 1972. A form of deed and conveyance of water rights
to be executed by the "STATE" is attached hereto, marked "Exhibit B" and
made a part hereof by reference;
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4. That in the event the said 494 acre feet is not conveyed to the
"DISTRICT" by the "STATE" prior to December 31, 1972, the prescriptive
rights of the "STATE" shall be determined as the amount recorded for the
year 1972, not to exceed 494 acre feet or a minimum of 38 acre feet, as
applied to the "DISTRICT" Water Formula to the extent of 3 acre feet of
prescriptive water rights per acre per year;
S. That as a condition of water service by the "DISTRICT" the bal-
ance of the 293 acres of "STATE" lands that have not satisfied the "DLSTRICT"
Water Formula by the transfer and conveyance of the prescriptive water rights,
above referred to in "Exhibit A" and paragraphs 3 and 4 above, shall be met
by one or more of the methods above described from (b) through (e);
6. That this agreement shall be binding upon the successors and
assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed the within
instrument, pursuant to resolution duly authorizing the saute, by their respect-
ive bodies duly authorized to so execute said agreement the day and year in
this agreement first above written.
THE STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
By:
DEPARTMENT OF MENTAL HYGIENE
By:
EAST SAN BERNARDINO COUNTY
W~~'E~DISTRICT
President -Board of Directors
_ R_ Stallwoo~
H6rold G. RicKert, Secretary
Board of Directors
May 8,1972
-3-
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On stay 8 1972, before me, the undersigned, a Notary
Public in and for said County and State, personally appeared R. E. STALLWOOD,
laiown to ~e to b~the P esid nt, a d HAROLD G. RICKER'C, known to me to be
r
- e ecrear of the u is co ora ion that executed the within Instrument,
th S y p
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.
Notary Public in and for- said County & State
:'~
. ~~~~~,~% ELISA6ET'H PERKINS
NOTARY PU9LIC
SAN BERNARDINO COVNTY
CALIFORN{A
My Commission Expires. January 28, 1974
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R.._._......
DEED AND CONVEYANCE OF WATER R1G~1TS
TIIE STATE OF CALIFORNIA, by and through the Department of
\~:eutal Hygiene and the Department of General Services, Facilities Plan~.ing
Division, herein called "GRANTOR" does hereby grant, bargain, sell and
convey unto EAST SAN BERNARDINO COUNTY WATER DISTRICT, a Ccuiay
Water District and a body corporate and politic of the State of California,
hereinafter called "GRANTEE", all of Grantor's right, title and interest in
water rights acquired by Grantor and Grantor's predecessors in interest
through the use and operation of the following described wells belonging to
Grantor by prescription or otherwise:
State Recordation Number Patton Hospital Number
3600 925 3
3600 925 4
3000 927 6
3600 928 7
3b00 929 8
3600 930 9
That all of the wells above described are located upon the following
described real property, presently owned by the State of California in con-
nection with Patton State Hospital at Patton, situated in the County of Sail
Bernardino, State of Califonlia:
Sections 31 and 32> Township 1 North, Range
3 West, Sau Bernardino Base and Meridian,
and Section 1, Township 1 South, Range 4 West,
Sau Bernardino Base and Meridian.
The within instrument does not include or intend a conveyance of the
real property above described.
Dated: 1972.
STAT1; OF CALIFORNIA. b}T and thrc~:J:
the Department of Mental HY3iene and
the Department of General Services
By:
By:
E'E 'LXll~3'l ,:,,
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