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HomeMy WebLinkAbout70-219. 3 I , . ., - . . . ' . . . . ~~ ( . . ~ .. _. . . . .._..._... ___ ~". ....___"._ ... ...............,.... ..'. - ._ _.._.. ._._. .,..,....~ ... ......_,...,..... _.... .. __'___._ ._..____.. ..__:.. _... -__-:_. ' ,~ _ RESOLUTION NO. ~0-219 I2r.SOLUTION AUTHOFtIZING EXECUTION OF AGREEMENT $ETWEEN THE DEL ORO 4~AT~R CdMPANY A.'+ID TH~ COUNTY Ok' BUTT~ IN CONN~CT~ON WITfi PARADIS~ PII3E5 UNITS N0. 5 AND 6 ASSESSM~NT DISTRICT, COUNTY OF ~UTTE, STAT~ O~' CALIFORNIA aE ~T RESOLVED by the Boasd o£ Supervisors of the Gounty o~ Butte, State of California, that the Chairman of the Loard of Supervisors of the County of Butte be au~horized to sa.gn, and the County Cl.erk be authorized to attest, that certain agree- ment between the County of Butte and Del Oro Water Company, which said agreement is attac?~ed hereto, * * * I HEREBX CERTIFY that the foregoing resolution was duly and regularly adopted by the Board ofc Supervisors of the County of Butte, State o~ California, a~ a regular meeting thereof, held on the 24th day o~ November,;19..70, by the fo3.locaing vote, to wzt: AYES : Supervisors Howsden, :: -'.`Maxon;; McKillop, Reynolds, and_ Cl~airman Aunaway NOES: Supervisors None ABSENT: Supervisors None CLARK A. NELSON, County Clerk County of Butte, State of Cala.fornia -2~.~~'~ ~~..-_. : 0 ~~ ~~ ~ . ~~ THIS AGR~EMENT, made and entered into this 24th day o£ November, 1970, by and between the COUNTY OF BUT~E, a political subdivision of the State of Californza, hereinafter called °County," LARWTN DEtrELOPMErITS, INC., hereinafter called "pwners," and the D~L OF.O WATER COMPANY, hereina~ter called "Company;" HT I T N E S S E T H: 47HEFLEAS, Owner is the owner of a11 that certain tract of land situated in the County of Butte, S~a~e o£ Cal.ifornia, within the boundaries of a map on file in ~he office of the Cou2ity C~.erk of the County of Butte, desiqnated, "Prqposed Amended Boundaries of Paradise Pines Units No. 5 and 6 Assessment Distric~, County of Butte, State of California;" and WHEREA5, the Board of Supervisors o£ the County of Butte, pursuant to the provisions of the Municipal Improvement Act " of I913, has adop~ed a Resolution o~ Intention, as amended, on the 20th day of October, 1970, for the ~ormation of a special assess~nent district to construct cer~ain improveanents within the boundaries of 5ai.d district hereinafter referred to, including, among other things, a system o~ domestic water supply, which said sys~em of domestic wa~er supply is shown upon the plans and specifica~ions which have been prepared by the Engineer of Work in said assessment dis~rict proceedings, and which said plans and specifications aze an file in the office of the Coun~y Clerk o~ the County of Butte, and which saicl plans and specifica~ions £or said system of domes~ic water supply are, by this reference, incorporated herein and made a part hereof; and -1- WHEREAS, under the special assessment district proceed- ings above referred to, which are known as Paradise Pines Units No. 5 and 6 Assessment Dis~rict, County of Butte, State of California, all ot the improvements and faci~ities, including the system of domestic water supply, are provided to be constructed according to plans and specifications; and WHEREAS, Resolu~ion oE Tntention No. 70-195, as amended, passed by the Board of Supervisors of Butte County on October 2a, 1970, provides tha~ the domestic water supply system, when completed, shall be conveXed to Company by County; NOT~7, THBR~FOFE, IT IS HEREBY MUTUALLY AGREED AS FO~LOWS: 1. Qwners will arrange with County for the commence- ment and prosecution to completion of the installation of sai~ system of domestic water supply, in accordance with p~ans and specifications. 2. County shall, upon the completion of said system of domes~ic water supply, execute and deliver to Company a conveyance in form, a copy of which is attached hereto marked "Fxhibit A," ~ and by reference made a part hereof, conveying said system of domestic water supply to Company. , Ow~er shall defend Company's titZe and possession in and ta said system of domestic water supply and shall indemnify Company against any claim, loss or expense occasioned Company directly or indirectly as a result o~ any attack on sa~d title or possession by any firm, corporation or municipal or other public body or agency whatsoever. 3. Company agrees, upon completion of said system of domestic wa~er supp~y and ~he receipt of conveyance specified in Section 2, to operate and maintain said system of domestic water supply and to pravide domestic water to the property served thereby in accordance with the rules of the Health Officer nf the County of Butte and the regulations of the Publia tltilzties Commissian. Company will hold County harmless of any damage o~ irijury to persons : .~.. _ :. ,, . -2- ; ~ ~ ~ ~ ` ~ . . ___ . ~ _ _ . _.__ _ ___ __ - -- _ _ _ --= or property caused by Campany in ~he operation of said water suppl.y system. , 4. Owners hezeby grant ~.o Company a11 necessary easements and rights--of-way for the installation, operation, . maintenance, repair and replacement of said system of domestic water supp7.y and all parts thereof, and all necessary rights of ingress thereto and egress therefrom, a.nd Owners hereby further agree to execute, in ~he name of Company, such other and further • . grants, conveyances, deed or other documents, 'together wi~h a17. other easements and rights-of-way as may be deemed necessary to Company to prote~t or effectuate the rights herein granted to it or to pe~£ect such rights of xecord. 5. Nothing herein containad shall obligate Company , to install any underground pipe, cables, or other eq_uipment extend- ing from said system o~ domes~.ic water suppl.y. 6. It is agreed by the parties hereto that in the event the taci].ities constructed pu.~suant to this agreement are ever privately purchased, or purchased or taken by eminent domain by any public entity, the proceeds of the disposition of such facilities, if any, shall be held in trust for the benefit of the owners of the land assessed, to be disposed of as a court of competent jurisdiction - shall direat. Company shall recorcl the cost of plant financed with the proceeds of special assessmen~. bonrls in appropria~e plant accounts, with a contra credit to P,caount 265, Con~ributions in Aici of Construc- tion. Company is proha.bited from paying refunds on such plant. 7. It is understood by the parties hereto that the foregoing provisions of this agreement are in accord with the order of the Pub7.ic Utilities Commission of the State of California made on April 7, 1970, in its Decision No. 77035, insafar as said decision and order pertained to in tract water faci.li.ties financed by assess- ment bonds, and ~hat it is the intent of County to express by said -3- . . ~ . provisions the same lzmi~ation on the title of Company which it has always intended with respect to watez facili~ies construc~ed and/or acquired by County pursuant t~ sections 10109, 10110 of the Streets and Highways Code, namely, that the title of a private water company in and to such tacilities is held in trust for the owners of the land assessed for the sole purpose of xendering ~ water service ~o such land. 8, This agreeznent is subject to approval of the PubZic Utili~ies Commission of the Sta~e of California. TN WITNESS WHERFOF, the par~ies hereto have hex~eunto subscribed their names, Cotnpany and County by tneir representa~~ves duly authorized, the day and year in this agreement first above written. By A'~'TE S'F : CT,ARK A. NELSON, County Clerk By "County" LARWZN DEVELOPMEI~7TS, INC. By By "Owners" DEL:ORO WATER COMPANY By "Company° -4- COUNTY OF BUTTE, a political sub- division of the State of California ~ ~ - __ _-- --- __ ~ ~ ~~ ~ C O N V~' 1' A t3 C E ~ KNOW ALL MEN BY TNESE PE2~SENTS, that the County of Bu~~e, a political subda.vision of the Sta~e of Ca~ifornia, for gond arid valuable consideration, the receipt whereof is hereby acknowledged, does hereby quitclaim unto the DFL ORO C4ATER COMP~INY certain underground water distribution facilzties hereto~ore installed and construc~ed within the boundara.es of Paradise Pines Units No. 5 and 6 Assessment Distr~.ct, County of Bu~~e, State ot California, pursuant to proceedings conducted by the Board of Supervisors of the County of Butte under Resolution of Intention No. 70-195, as amended, adopted on the 20th day of October, 1970, and proceedings subsequent thereto. ~ii of the installations herein conveyed are in the County of Butte, State of California, and within the easements, streets and publ.ic roads within the boundaries•of said districf. The approxima~e location of said. facilities is more particular].y shown and delineated on ~he plans s.howing the work to be done in said assessment distric~, which said pZans are on file in the office of the County Clerk of the Coun~.y of Butte, and said pZans are hereby by thi~ reference made a par~ hereof. ' The conveyance of said undergzound water distributiion faciZities is made subject to the provisions set forth in Paragraph 6 of that certain agreement between the,County of Butte, Larwin Developments, Inc., and ~he Del Oro Water Company, dated the 24th day of November, 1970. TO HAVE A~ID Tp HOLD UNTO THE DEL ORO 44ATER COMPANY, ITS SIICCES50RS AND ASSIGNS, FOREVEF2, IN WITNESS WHEREOF, the County o~ Butte has heraunto caused these presents to be executed ttzis day af , ~970• COUNTY OF BUTTE, a po~.itical subdivision of ~he S~ate o Cali~ornia By ~ ~ _ A~'~~ST: Chairman, Board pf Super 'so s CLARK A. NELSON, Coun~y Clerk $v ~~~.:~~ 'ir~-- "EXHIBI'P A"