HomeMy WebLinkAboutContracts & Agreements_18-1982_CCv0001.pdf AGREEMENT BETWEEN MENTONE GROVES COMPANY
AND THE CITY OF REDLANDS TO CONVEY ENTITLEMENT WATER
THIS AGREEMENT by and between MENTONE GROVES COMPANY, a corporation,
hereinafter referred to as "Grantor, " and the CITY OF REDLANDS,
hereinafter referred to as "Grantee" is made and entered into this
15th day of June 1981.2
1. RECITALS
1. 01. Grantor owns a total entitlement of 42. 5 miners inches
of perpetual flow water developed' from certain lands
in the County of San Bernardino, said lands being the
North one half of the North one half of Section 22,
in Township 1 South, Range 2 West, San Bernardino Base
and Meridian. (A miner 's inch shall be construed to
mean a 1/50th part of a cubic foot of water per second,
constant flow. )
1. 02. Grantor owns said entitlement as a result of Judgment
and Decree, Case No. 19388, signed by State Superior
Court Judge J. W. Curtis , entered February 16, 1922 in
Book 38, Page 297, in the County of San Bernardino,
and by acquisition of additional water entitlements as
described and listed in said Judgment and Decree.
1. 03. The Grantee has acquired certain real property and
water rights which have resulted in the delivery of up
to 42. 5 miners inches of water to the Grantor by the
Grantee in accordance with said Judgment and Decree.
1.04. Delivery of water to the Grantor by the Grantee for more
than 25 years has been through four certain existing
water service connections from the Grantee's domestic
water system.
1 . 05. Grantor wishes to grant to Grantee, and Grantee wishes
to accept from Grantor, all of Grantor' s water entitle-
ment totaling 42 . 5 miners inches of water as set forth
herein pursuant to said Judgment and Decree, Case No.
19388.
2. AGREEMENT
2. 01. The Grantor, by this Agreement, conveys to the Grantee,
all of its ownership of water entitlement and any other
rights acquired pursuant to Judgment and Decree, San
Bernardino Superior Court Case No. 19388 , entered February
16, 1922 in Book 38 , Page 297 in County of San Bernardino,
totaling 42. 5 miners inches of perpetual flow of water
developed from the North 1/2 of the North 1/2 of Section
22, Township 1, South, Range 2 West, San Bernardino Base
and meridian in the County of San Bernardino.
2. 02. In consideration for conveyance of said water entitlement,
Grantee agrees to pay and Grantor agrees to accept the
sum of $1. 00 .
2 . 03. Grantee will continue to deliver water from its water
system to existing customers of Grantor for irrigation
purposes through and at the four existing water service
connections assigned to the Grantor, as hereinafter more
specifically set forth.
2. 04. Delivery of irrigation water will be limited to a maxi-
mum total flow rate of 42. 5 miners inches.
2. 05. Said irrigation water will be delivered only to existing
water customers of the Grantor and only for use on exist-
ing water customers ' lands under cultivation producing
crops. The following is a list of existing customers
of the Grantor along with description of their parcels :
a. Richard Rozema and Donna W. Rozema:
(1) County of San Bernardino Assessor' s Parcel
298-221-03 ; Stretch Map Mentone, West 3/5 of
East 1/2 of Lot 3 Block 11 (2 . 82 Ac.) .
(2) County of San Bernardino Assessor' s Parcel
No. 298-221-05; Stretch Map Mentone, West 1/2
of Lot 4 Block 11 Excepting North 224 feet
(3 Ac. ) .
(3) County of San Bernardino Assessor's Parcel No.
298-221-09 ; Stretch Map Mentone, West 1/2 of
Lot 5 Block 11 (4 .78 Ac. ) .
(4) County of San Bernardino Assessor's Parcel No.
298-221-43; Stretch Map Mentone, East 1/2 of
Lot 5 Block 11 , excepting the following:
Commencing at the centerline of the intersection
of Nice Avenue and Sapphire Street, thence North
along the centerline of Sapphire Street 266 . 81
feet, thence at right angle West 30 feet to
True Point of Beginning, thence continuing West
115 feet, thence at right angle North 85 feet,
thence at right angle East 115 feet to a point
on the West line of Sapphire Street, thence at
right angle South along said West line 85 feet
to the point of beginning (4 . 15 Ac. M/L) .
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b. Ward Finfrock and Eleanor C. Finfrock:
(1) County of San Bernardino Assessor's Parcel
No. 298-211-41; Stretch Map Mentone portion
Lot 4 Block 12, commencing at the intersection
of the West line of Sapphire Street and North
line of a 30-foot alley, thence West 327."5
feet, thence North 323. 85 feet, thence East
371.10 feet to the West line of Sapphire
Street, thence South along the West line of
Sapphire Street 179 . 15 feet to a point
being 150 feet North of the point of beginning,
'thence South along the West line of Sapphire
Street 150 feet to the point of beginning,
excepting the Southerly 91 feet thereof
(2 .09 Ac. ) .
C. Telesforo Macias and Gloria A. Macias: k
(1) County of San Bernardino Assessor' s Parcel No.
298-162-02 ; Stretch Map Mentone the South 1/2
of the North 1/2 of Lot 1 Block 9 (1.98 Ac. ) .
d. Victor M. Espinosa and Beatriz Espinosa:
(1) County of San Bernardino Assessor' s Parcel No.
298-211-20 ; Stretch Map Mentone the East 1/2 of
the West 1/2 of Lot 5 Block 12 (2. 39 Ac. ) .
(2) County of San Bernardino Assessor' s Parcel No.
298-211-21 ; Stretch Map Mentone the West 1/2 of
West 1/2 of Lot 5 Block 12 (2 . 39 Ac. ) .
e. Antonio B. Freitas and Maria F. Freitas:
(1) County of San Bernardino Assessor' s Parcel No.
298-211-62 ; Parcel Map 4624 , Parcel No. 2 .
(2) County of San Bernardino Assessor's Parcel No.
,193-2.1j--63 ; Parcel Map No. A624, Parcel No. 3 .
f. Merlin K. Johnson
(1) County of San Bernardino Assessor's Parcel No.
298-221-07 ; Stretch Map Mentone, the East 1/2
of Lot 4 , Block 11 (4 . 28 Ac. ) .
g. Edward Krocker and Nancy E. Krocker:
(1) County of San Bernardino Assessor' s Parcel No.
298-251-41; Parcel Map No. 1935, Parcel No. 1 .
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2.06. The Grantee will charge the existing customers of the
Grantor for the irrigation water, either monthly or
bi-monthly, at the applicable irrigation rate charged
by the Bear Valley Mutual Water Company of Redlands,
California, to its company stock owners that purchase
additional irrigation water, as such rate may be changed
from time to time.
2 . 07. The Grantee will continue to deliver irrigation water
to said customers at the said special irrigation
rate until such time as the above parcels are devel-
oped or changed from agricultural use to some other use,
at which time Grantee ' s duty to deliver irrigation
water to said customers shall cease.
3. NO PRIOR AGREEMENTS
3. 01. Grantor warrants that there are no prior agreements
affecting Grantee' s entitlement to the said 42. 5
miners inches of irrigation water and hereby agrees
to indemnify, hold Grantee harmless, and defend Grantee
from any claim for damages based upon any such prior
agreement.
4 . OUTSTANDING BILLS
4 . 01. Grantee agrees to void all outstanding water bills that
have been charged to the Grantor for irrigation water
previously delivered.
5. ATTORNEY'S FEES
5 . 01. In the event of any legal action to enforce the terms
of this Agreement, the prevailing party in such action
shall be entitled to reimbursement of all costs in-
curred and a reasonable attorney' s fee.
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IN WITNESS WHEREOF, each of the parties hereto has caused this
instrument to be executed in triplicate.
GRANTOR
MENTONE GROVES COMPANY
ATTEST: b
-- —
nTurner, President
Secretary
(Affix corporate seal)
GRANTEE
C T,Y-'OF REDLANDS
by ; x '
ATTEST; Mayo
Ci-Qy Clem
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