HomeMy WebLinkAboutContracts & Agreements_88-96_CCv0001.pdf AGREEMENT FOR ACQUISITION OF WATER RIGHTS
This Agreement for the Acquisition of Water Rights ("Agreement") is made and entered
into this 3rd day of September, 1996 by and between the Redlands Water Company, a mutual
water company organized and existing under the laws of the State of California ("Seller"), and
the City of Redlands, a municipal corporation ("Buyer"), which together are sometimes referred
to herein as the "Parties.
RECITALS
A. Whereas, Seller owns certain appropriative water rights commonly known and
referred to as the "Sunnyside Ditch Hours" and the "Redlands Tunnel Water (measured in
miner's inches per day)" which were established prior to the year 1914 and which are located in
and along the Santa Ana River in the County of San Bernardino, California; and
B. Whereas, Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, a
portion of Seller's interest in the "Sunnyside Ditch Hours" and the "Redlands Tunnel Water
(measured in miner's inches per day)" subject to the terms and conditions contained herein; and
C. Whereas, Seller and Buyer acknowledge and agree that for the purposes of this
Agreement, one (1) "Sunnyside Ditch Hour" is equivalent to ten (10) shares of stock of the
Lugonia Water Company, and one (1) miner's inch per day of water delivered through the
Redlands Tunnel is equivalent to twelve and fifty hundredths (12.50) shares of stock of the
Lugonia Water Company;
Now, therefore, in consideration of the mutual promises contained herein, and for such
other good and valuable consideration, the receipt of which is hereby acknowledged, the Redlands
Water Company and the City of Redlands agree as follows:
DJM5OOaPW 1
AGREEMENT
1. Description of Water Rights. The water rights which shall be conveyed by Seller to
Buyer consist of forty (40) hours of Seller's existing fifty (50) "Sunnyside Ditch Hours" and forty-
eight (48) miner's inches per day of water of Seller's entitlement to the first sixty (60) miner's
inches per day of water delivered through the Redlands Tunnel (together the "Water Rights").
2. Transfer of Stock. In consideration of, and exchange for, the granting of the Water
Rights described herein, Buyer shall convey to Seller, upon Seller's execution of this Agreement,
One Thousand (1000) shares of stock of the Lugonia Water Company. Such shares shall be
transferred to Seller by way of Buyer's execution of a stock assignment separate from certificate,
or such other means of transfer mutually acceptable to Seller and Buyer.
3 . Title to Water Riahts. Seller shall, by grant deed in the form substantially as set forth
in Exhibit "A." which is attached hereto and incorporated herein by this reference (the "Grant
Deed"), convey to Buyer good and marketable fee title to the Water Rights.
4. -Seller's ftresentations, Warranties and Acknowledy-ements. Seller hereby represents
and warrants that the person executing this Agreement has the full authority and power to enter
into this Agreement on behalf of Seller and to execute the Grant Deed attached as Exhibit "A" and
to convey fee simple title to the Water Rights to Buyer. Seller also represents and warrants it
is not a foreign person under Section 1445 Internal Revenue Code and will execute a certificate
of non-foreign status. Further, Seller represents it has no actual knowledge of any violations or
alleged violations of any federal, state, county or other governmental or quasi-governmental law,
statute, ordinance, regulation or administrative or judicial order with respect to the Water Rights.
5. Buyer's Representations and Warrantiea. Buyer hereby represents and warrants that
the person executing this Agreement has the full authority and power to enter into this Agreement
on behalf of Buyer to purchase the Water Rights from Seller, and to take all actions required of
DA1500VW 2
Buyer by the terms of this Agreement. Further, Buyer represents it has no actual knowledge of
any violations or alleged violations of any federal, state, county or other governmental or quasi-
governmental law, statute, ordinance, regulations or administrative or judicial order with respect
to the Water Rights.
6. Maintenance of Redland Tunnel. From and after Seller's conveyance of the Water
Rights to Buyer, Buyer shall have the obligation to maintain, in a good and workman-like
condition, the Redlands Tunnel and any appurtenances thereto necessary for the transmission of
water.
7. Entire Agreemetil. This Agreement supersedes any prior oral or written agreements
between the Parties hereto as to the subject matter described herein and contains the entire
agreement of the Parties as to the matters covered hereby. No amendment of this Agreement and
no other subsequent agreement, statement, or promise made by any party to this Agreement or
to any employee, officer, or agent of any party to this Agreement shall be binding upon the
Parties unless made in writing and signed by the Parties.
8. CaRtions and Construction. The captions appearing at the commencement of the
paragraphs hereof are descriptive only and for convenience and reference of the Parties. Should
there be any conflict between any such caption and the paragraph at the head of which it appears,
the paragraph shall control and govern in the construction of this Agreement. This Agreement
shall be construed as a whole and in accordance with its fair meaning. Organization is for
convenience and shall not be used in construing meaning.
9. Successors and Assigns. Each covenant and condition contained in this Agreement
shall inure to the benefit of, and be binding on, the Parties to this Agreement and their respective
assigns and other successors-in-interest.
10. Attomeys' Fees. In the event any action is commenced to enforce or interpret the
DA15OOaPW 3
terms or conditions of this Agreement the prevailing party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees.
11. Governing-Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of California.
12. Recordation. Buyer shall have the right to record this Agreement and the Grand Deed
in the Official Records of the Recorder of the County of San Bernardino.
13. Remedies for Breach of Warranter Seller and Buyer agree that the remedy of recision
shall be the sole remedy of the Parties hereto for the breach of any representations, warranty or
acknowledgment made by the Parties under this Agreement, including, without limitation all
representations and warranties as to Seller's ownership of the Water Rights whether given herein
or in the Grant Deed.
IMM500apw 4
b
IN WITNESS WHEREOF, the Parties hereto executed this Agreement on the dates set
forth opposite their respective signatures hereto.
SELLER
The Redlands Water Company
By: t Executed this 6th da of Au
Jose Buo e, Preside � Y gust, 1996
Y at Redlands, California
Redhihds Water Company
ATTEST:
By:
Executed this 6th day of August, 1996
Charlotte Van Eyk, Secretary at Redlands, California
Redlands Water Company
BUYER
�r Executed this 3rd day of September, 1996
Mayor, City of Redlands at Redlands, California
ATTEST:
Lcirrie Poyzer, - y lerk
DJN1500aPW 5
RecorO*d in Official Records, County of
San Bernardino, Errol J. lUckzm, Recorder
No Fee
Doc No . 60
RECORDING REQUESTED BY 199398798
AND WHEN RECORDED MAIL TO: 1 : 53pm 10/29/96
City Clerk's Office 205 40033973 01 15
City of Redlands PG `FEE APF SIMS PHCPYICRT C" AOONMI PENN - PCOR
P.O. Box 3005 a D—
Redlands, CA 922373 5 6
NON ST LN SVY CIT-CO TRANS TAX DA CHRG EXAM
FEES NOT HOMED-
GRANT DEED PER GOVERNMENT CODE
SECTION 6103
For valuable consideration,the receipt of which is hereby acknowledged,the Redlands Water
Company, hereinafter "Grantor," hereby grants to the City of Redlands, a municipal corporation,
hereinafter "Grantee," all of Grantor's right, title and interest in the real property (the "Property"),
described as follows:
The water represented by 40 shares of the Sunnyside division of the South Fork
Ditch of the Santa Ana River located near the City of Redlands in San Bernardino
County, California, reduced to a constant stream equal and proportionate with the
total amount of water represented by said 40 shares including the right of way for
said water cumulated in accordance with the provisions of a certain agreement
between E.G.Judson and F. E. Brown(South Fork Ditch) and the Redlands Water
Company,recorded in the Recorder's Office of said county,dated November 7, 1885
and recorded in book E. of agreements at page 327 thereof.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed thip-a—day
of October 1996
THE REDLANDS WATER COMPANY
By-(azf-� 6-6�� Dated: 41 �
1� eph 1aye,President
DIM 1072U
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Na, 5W,7
State of �r
County of San Bernardino
On _-Q-4-1_ 'E'" _ before me. Sharron M. Skvbera
.
Arc , z C4 . , E.> N'_DOE NO'A G .
personally appeared
NAM NE R
EL-3k personally known to me - OR - proved to me on the basis of satisfactory evidence
to be the person(s) whose names isr
subscribed to the within instrument and ac-
knowledged to me that he/t the executed
the same in his!h 4he+r authorized
capacity(ies , and that by his/ , r
i` signature(s) on the instrument the person(s),
- 0-
or the entity upon behalf of which the
-< person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by lav, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
Grant Deed
reSld�"]t
TITLE OR TYPE OF DOGu ENT
s,
10 PARTNER(S) 0 LIMITED
Ej GENERAI.
El
ATTORNEY-IN-FACT NUMBER OF PAGES
E TRUSTEE{S)
GUARDIAWCONSERVATOR
OTHER: Oct. 22 , 1996
[SATE OF DOCUMENT
SIGNER IS REPIRESEIMNG:
NAME or PE . .;s;OR Eh: -Y Es
SI "NER(S}OTHER THAN NAMED ABOVE
993,NATiONAL NOTARY ASS SIATHON-8236 Rer. €e`.AvC,tP-0 Box 7184-Canoga Park CA,91309-71,84
CE-KIIEKAIL_QLACCE PIANKL
This is to certify that the interest in real property conveyed to City of Redlands dated October 22,
1996, from the Redlands Water Company (40 shares of the Sunnyside division of the South Fork
Ditch of the Santa Ana River.) to the City of Redlands, a Bove rental agency, is hereby accepted
and the Grantee Consents to recordation thereof by its duly authorized officer.
Dated: October 22, 1996
Gary M.4Luebt ers
City Manager, City of Redlands
nwuorovo in Official Records, county of
San Bernardino, Errol J. Mackzm, Recorder
NOVC Cam
I
RECORDING REQUESTED BY Doc No . 19960398797
AND WHEN RECORDED MAIL TO: 1 : 53pm 10/29/96
205 40033973 01 15
City Clerk's Office J1 11 � 111 � 1
City of Redlands PG FEE APF DIMSPNADD NM PEN PA PCOR
P.O. Box 3005
Redlands, CA 92373 5 6
NON ST LN
--- CIT-CO TRANS TAX— DA CNRG EXAM
SVY—r
ngrottorl)
GRANT DEED PER GOVERNMENT CODE
SECTION 6103
For valuable consideraLion,.the receipt of which is hereby acknowledged.the Redlands Water
Company, hereinafter "Grantor," hereby grants to the City of Redlands, a municipal corporation,
hereinafter "Grantee," all of Grantor's right, title and interest in the real property (the "Property
described as follows:
The water represented by 48 miners inches of continuous flow from the Redlands
Tunnel of the Santa Ana River located near the mouth of the Santa Ana Canyon in
San Bernardino County, California, reduced to a constant stream equal and
proportionate with the total amount of water represented by said 48 miners inches of
continuous flow including the right of way for said water cumulated in accordance
with the provisions of a certain contract between the Bear Valley Land and Water
Company and the Redlands Water Company, recorded in the Recorder's Office of
said County,dated December 16, 1886 and recorded in book F of agreements e
299 thereof. ts at pag
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this
of October 1996 s day
THE REDLANDS WATER COMPANY
By: Dated: Z 2-j
Jo phB ye, President
DJM1072LE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Ne 54—C7
State of California
County ofn > ; ,
On October 22 , 11996 — before me, Sharron M. Sk,;bera
DATE -_-:1 i - .1rW. E.0-E G -JAN_- NOT AR` a i "ate. .,
personally appeared Bgo
NAM_-., OF S G aE S .
personally known to me • OR - E.,! proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) isl
subscribed to the within instrument and ac-
knowledged to me that he/al executed
the same in his, ' . authorized
capacity(ieS1, and that by his/#,e4t#e4r
signature(s) on the instrument the person(s),
� '. or the entity upon behalf of which the
person(s) acted, executed the instrument.
c
WITNESS my hand and official seal.
A
SIGNATURE OF NGTAR.Y
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
El INDIVIDUAL
I ` CORPORATE OFFICER
Grant Deed
President TITLE OR TYPE OF DOCUMENT
Trz�€s
i PARTNER( ) 0 LIMITED
GENERAL
LJ ATTORNEY-IN-FACT NUMBER OF PAGES
ED TRUSTEE(S)
El G UARDIANICONSER VATOR
El OTHER: Oct. 22 , 193E
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
-- -
SIGNER(S)OTHER THAN NAMED ABOVE
1993 NAT 10NAL NCTAR'�ASSaCiATION•8236 Remnet Ave-P- .Box 7184•Carioca Park,CA 99,3009-71-
This is to certify that the interest in real property conveyed to City of Redlands dated October 22
1996, from the Redlands Water Company (48 miners inches of continuous flow from the Redlands
Tunnel of the Santa Ana River) to the City of Redlands, a governmental agency, is hereby
accepted and the Grantee Consents to recordation thereof by its duly authorized officer.
Dated: October 22, 1996
ary Ni. Luebbers
City Manager, City of Redlands