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HomeMy WebLinkAboutContracts & Agreements_12-1989_CCv0001.pdf AM--PREL-ANN-EX,AT-1-0-N-AG-RBLE-t4Z-N-T This Memorandum of Understanding is executed hereinbelow between the City of Redlands, hereinafter "City" , and the San Bernardino Valley Water Conservation District, hereinafter "District" , to evidence the mutual understanding and concerns of the parties with reference to proceedings to annex certain property located in the unincorporated area of the County of San Bernardino to the City of Redlands. MCIMA15 A. The Ci-L-I-v desires to annex certain property located in the unincorporated area of the County of San Bernardino which annexation has been designated Number 69. Said area contains extensive land owned by the District and by the United States Government. B. The District is a water conservation district formed for the purpose of conserving the waters of the Santa Ana River and Mill Creek. For many years the District, and its immediate predecessor, 41--he Water Conservation Association, has pursued a vigorous program of water conservation whereby available natural waters are percolated into the underground basin so as to be available to meet the water requirements of the entire San Bernardino Valley. In addition, the District has pursued an active water conservation role upon the lands owned by the United States Government, all in accord with the pertinent Congressional Act of 1909 which dedicated such lands to water conservation purposes. The water conservation effort has been accomplished by the use of spreading ponds, settling basins, storage facilities, conduits and works related thereto. C. Over the passage of many years, the District has entered into numerous leases of its owned lands for the purpose of enhancing its water conservation capability by development of facilities directly capable of storing, preserving and processing such natural waters as may be available in the state of nature. Such facilities have also been required to prepare for accormmodation and to accommodate such waters as may in recent years have become available by way of importation from sources outside the San Bernardino Valley and supplied other than by natural process. Such leases have likewise been de-signed to permit the District sufficient funds to carry out its conservation mandate without burdening the taxpaying public of the area. D. The land area subject to this annexation and including the lands owned by the District have heretofore been zoned as Flood Plain by the County of San Bernardino. E. The District has requested the City to consider entering into a Memorandum of Understanding whereby the parties mutually acknowledge the water conservation function and commitment of the District and its lands, to the exclusion of other and lesser uses, public and otherwise, which may from time to time be urged. The District desires that the City annex such proposed area as includes the District lands but only upon agreement to the fundamental sovereignty of the District with respect to the use and control of its lands and assets in furtherance of its conum. fitment to the purpose of water conservation. A!G_RUNB.NT_6 NOVI, THEREFORE the Parties agree: Z. Annexa D: City has initiated proceedings for the annexation of certain lands lying generally north of the City of: Redlands and in the unincor',00rated territory of the County of San Bernardino. The District wi-11 support and cooperate in any manner reasonably required to insure completion of the annexation in a timely manner. 2 . ire-zDjLjDg: Upon execution of this agreement, the City shall commence Proceedings to pre-zone the land involved in the prospective annexation to Flood Plain Zone to become effective at the same time that the anneXation by City becomes effective. .Lve. 3 . Ackm_oy2ed_agnLeD_t : The City acknowledges that the District, forrued pursuant to applicable provisions of the Water Code of the State of California, as a water conservation district, has performed and shall continue to perform its water conservation function and pursuant thereto shall own, operate, manage, use and maintain its lands solely for the purpose and in the interest of water conservation as that purpose shall appear to the District and its duly authorized governing body. IN WITNESS WHEREOpt the undersigned have executed this agreement on this 21st day of February 1989 at Redlands CalifoMia. ATTEST: City of Redlands C :it , 0 Clerk, of Redlands Carole Beswick, Mayor San Bernardino Valley Water Conservation District by !�resident an '43jernarbino Vatliev WaterTans-cruatijan District DIRECTORS TELEPHONE 793-2503 WILLIAM J.HILTGEN ROBERT T, PAINE,PRESIDENT AREA CODE 714 SECRETARY J.WILLIAM HAGER,VICE-PRESIDENT 303 BROOK IDE AVENUE BERT MARCUM JR, DAviD C.HORNAL R EDLANDS,CALIFORNIA 92373 PETER J. RUSHER ARNOLD I_.WRIGHT STANLEY C_BERGER MANAGER DON J. DA-NIELS RICHARD A.MULLIGAN ATTORNEY March 21, 1989 'X f 'Lr1 � John Holmes J� ' MA22 =b, City Manager { City of Redlands MP 'S i P. Q_ Box 2090 � ���I=� r t, Redlands, CA 92373 Dear ,john: Enclosed is a fully executed copy of the Memorandum of Understanding and Preannexation Agreement between. the City of Redlands and the San Bernardino Valley water Conservation District. Sincerely, e_" Peter J. Rusher Manager kak Encl.