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HomeMy WebLinkAbout72-029RESOLUTION N0. 72-29 R~SOLL)'J.'ION AUTAORIZING EXECUTION O~' AGREEMENT ~ BETSdEEN TH~ COtJNTY OF' BUTTE AND DEL ORO WATER COMPAI~X IN CONNECTION WITH PARP,DISE PINES ASSESSMEI~T DISTRICTS, BUTTE C~UNTY,.CALIE'ORNIA BE IT RESOLVED by the Soard of Supervisors of the County of Butte, State of California. that the Chairman of the Board of Supervisors of the County of Butte be authorized to sign, and the County Clerk be autharized to attest, that certain agree- ment between the County of Butte and Del Oro Water Company, whiCh said agreement is attached hereto. ~ * * * I HEREBY CERTIFX tha~ the forectoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Butte, State of California, at a regular meeting thereof, held on the lst day-of February, 1972, by the fnl].owing vo~e, to wit: AYES; Supervisors N[adigan, Maxon, b~cKillop and Chaixman Gilman N4ES; 9upervisors None ABSENT: Supervisors Reynolds CLARK A. NELSON, County Clerk, ' County of Butte, State of California ~~~~ .~~ q~~ AL A G R E E M E N T THIS AGREEMENT, made and en~ex~ed into this lst day of February, 1972, by and between ~he COUNTY OF BUTTE, a political subdivision of ~he State of California, hereinafter called "Caunty,° LARWIN DEVELOPMENTS, INC., hereinafter called "Owners," and the DEL ORO WATER COMPANY, hereinafter called "Company;" W I T N E S S E T H: WHEREAS, Owner is and ha5 been the owner of a11 that certain, tract of land si~uated in the County of Butte, State.of CaZifornia, within the boundara.es of the fnllowing maps on f~le in ~he office of the County Clerk of the County of Butte, c3esignated; "Proposed Boundaries of Paradise Pines Assessment Dis~trict No. l, Units 1 and 2, Butte Cov.nty, CaZifornia;" "Proposed Boundaries of Parada.se Pznes Unifi No. 3 Assessment District, Butte Coun~.y, California;" "Proposed Boundaries of Paradise Pines Unzts No. 4 ar.d 8 Assessment District, Butte County, Cali~ornia;" "Proposed Amended Boundaries of Paradise Pines Una.ts No. 5 and 6 Assessment District, Butte Cqunty, Cala.fornza;"."Proposed Boundaries of Paradise Pines Units No. 10, 11 & 15 Assessment District, Butte County, California;" Proposed Boundaries of Paradise Pines tJnits No. 12, ~.3 & 14 Assessment Distrzc~, Butt2 County, California;" °Proposed Boundaries of Paradise Pines Country Club Es'~ates Units No. l, 2 and 3 Assessment District, Butte County, California;" and "Proposed Boundaries of Paradise Pines Country Club ~states iJnit No. 4 Assessment District, Butte Cnunt~, California;" and WHEREAS, the Board of Supervisors 4f the County of Butte, pursuant to the prn'visions of the MuniCipal Impzovement Aat af 1913, 'has adopted Reso].utions of Tntention for the forma~ion of special assessment distx-a.cts to construct cex~tain a.mprovezaents wzthin the baundaries of said districts hereinafter referred to, including, among other things, a system of domes~ic water supply, whzch said system of domestic water supply is shown upon the plaris and specifi- cations which have been prepared by the Engineer of Work xn said assessment distric~ proceedings, and which said plans and sgecifica- tions are on file in the office af the County C~erk of the County of Butte, and which said plans and specifications for said system of ' domestic water supply are, by this reference, incorporated herein and made a part hereof; and WHEREAS, und~r the special assessment district proceedings above referred to, which are known as Paradise Pines Assessment DistriCt No. 1, Units 1 and 2; Paradise Pines Unit No. 3 Assessment District; Paradise Pines Units No. 4 and 8 Assessment District; Paradise Pines IInits No. 5 and 6 Assessmen~ bistrict, Paradise Pines Units No. I0, 11 & 15 Assessment Dis~rict; Paradise Pines Units No. 12, 13 & 14 Assessment District; Paradise Pines Country Club Estates Uriits No. 1, 2 and 3 Assessment District; and Paradise Pines Country Club Estates Unit No. 4 Assessment District, Butte County, California, a~l of the improvements and facilities, including the system of domestic water supply, are provided ~o be constzucted according fio plans and specifications; and WHEREAS, said sys~em of domestic water supply, when completed, is to be conveyed to Company by County; NOW, THEREFORE, ZT IS HEI2EBY MOTUALLY AGREED AS ~OL~OWS: 1. Owners will arrange with County for the commencement . and prosecution to comple~ion of the installation of said system of domestic water supply, in accordance wi~h plans and specifications. 2. County shal~, upon the comple~ion of said system of domestic water supply, execute and deliver ta Company a conveyance in form, a copy of which is attached hereto marked "Exhibzt A," and by reference made a part hereof, conveying said system of domestic water supply to Company. _ Ownez shall defend Company's ~itle and possession in and ~o said system of domestic water supply and shall indemnify Company against any claim, loss or expense ocCasioned Company direc~ly ' -2- . or indirectly as a result of any attack on sa~d title or possession by any firm, corporation or municipal or other public body or agenoy whatsoever. 3. ~ompany agrees, upon completion of said system of domestic water supply and the receipt of conveyance speci£ied in Section 2, to operate and maintain said system of domestic water ~ supply and to provide damestic water to the property served thereby in accordance with the rules of the Health Officer of the County of Butte and the regulations of the Public Utili~ies Commission. Company will ho~d County harmless of any damage or injury to persons or property caused by Company in the nperation of said wa~er supply system. 4. Owners hereby grant to Company a1Z necessary ease- ' ments and rights-of-way £or ~he insta~Xation, operation, mainfenance, repair and replacement of said system of domestic water supply and all parts thereot, and all necessary rights of ingress thereto and egress therefrom, and Owners he~eby further ag~ee to execute, i~ the name of Company, such other and further grants, conveyances, deed or•other documents, together wifih al2 other easements and rights-o~- way as may be deemed necessary to Company to pro~ect or effectuate the righ~s herein granted to it or to perfect such rights of record. . 5. Nothing herein contained shall obligate Company to ~nstall any underground pipe, cables, or other equipment extending from said system o£ domestzC water supply. 6. It is agreed by the parties here~o that in the event the facilities constructed pursuant to this agreement are ever privately purchased, or purchased or taken by eminen~ domain by any public entity, ~he proCeeds of the disposition of such facilities, if any, sha11 be held in ~rust ~or the bene~it of ~he owners of the Zand assessed, to be disposed o~ as a court of competent jurisdiction shall direc~. Com~any shall record the cost of plant financed with the proceeds of special assessment bonds in appropriate plant aCCOUnts, -3- with a contra credit to Account 265, Contributions ia Aid of Construc- tion. Company is prohibited from paying refunds on such plant. 7. . It is understood by the parties hereto that the £ore- going prov~szons ot this agreement are in accord with the order of the Public Utilities Commission of the State of California made on April 7, 1970, in its Aecision No. 77035, insofar as said decision and order pertaine~ to in tract water facilities financed hy assessment bonds, and that it is the intent oF County to express by said pravisions the same ~imitation on the title"of Company which it has always intended with respect to water facilities constructied and/or acquired by County pursuant to Sections 1Q109, 10110 and Z01I'1'of tne Streets and Highways Co'de; namely, that ~he'title of a private water company in and to such ~acilities is held in trust for the owners of the lan~ assessed for the so~e purpose of readering water service to such land. 8. This agreement is subject to approval of the Public Utilities Commission of the State of California. IN WITN~SS WHEREOF, the parties hereto have hereuntp s~b~ scribed thezr names, Company and County by their representatives duly authorized, the day and year in this agreement fiXSt above written. COUNTY OF BUTTE, a political subdivision of the State of California e By ATTEST: .. C airman e oar o Supervisors CLAI2IC A. NELSON, County Clerk . BY _°'C.~~~~' ~~~-`-~^~ "COUI~TY" LARWZN DEV~LOPMENTS. INC. By BY ~~ OWN~ RS ~~ ' DEL ORO WATER COMPANX By "COMPANY" -4- C O N V E Y A N C E KNOW ALL MEN AY THESE PRESENTS, that the County of Bu~te, a politzcal. subdivision of the 5tate of Cal.ifornia, ~or good and valuabla consa.deration, the receipt whereof is hereby acknowledged, does hereby quitcZaim unta the DEL ORO WATER COMPANY certain under- ground water distribution facilities heretatore ins~alled and con- structed within the boundaries of Assessment District, County of Butte, S~a~e of Cali~ornia, pursuant to proceedings conducted by the Board of Super- visors of the County of Butte under Resolution of Intention No. , adopted on the day of ,~.9 , and proceedings subseguent thereto. A1.1 of the ins~.allations herein canveyed are in . the County of But~e, State of California, and within the easements, streets and public roads wi~.hin the boundaries of said district. The approximate location of said facilities is more particularly shown and delineated on the pZans showing the work ta be dnne in said assessment district, which said plans are on file in the office of the County Clerk of the County of Butte, and said plans are hereby by this reference made a part hereof. The conveyance of said underqround water distribution faci~.ities is inade subjec~ to the prnvisions set forth in Paragraph 6 of that certain agreement between ~he Coun~y of Bu-~te, Larwin Develop- ments, ~nc., and ~he Del Oro Water Company, 8ated the lst day of February, 1972. TO HAVE AI3D TQ HOLD UNTO THE DEL ORO WATER COMPANY~ ITS SUCC~SSORS AND A5SIGNS, FOREVER. IN WITNESS WHEREOF, ~he Coun~y of Bu~.te has hereunto caused these presents to be executed ~.his ~~~*day of ~~~~~`~~ , 1972. COi3NTY O~' BUT~'E, a pol.itical subdivision of ' the State of Ca1if ni " ~ ' BY ATTEST: Chairman of Board o Supervisors CLARK A. NELSON, County Clerk sy C~.~'~ `~ ~~EXHTBTT A"