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HomeMy WebLinkAbout0942 RESOLUTION NO. 942 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DEI"INING THE TERMS OF A CERTAIN LEASE OF LAND BY THE CITY OF ARCADIA FROM RANCHO SANTA ANITA FOR THE PURPOSE OF PUMPING WATER THEREFROM, AND AUTHORIZING ITS EXECUTION ON BEHALF OF THE CITY OF ARCADIA. THE GITY COUNCIL OF THE CITY OF ARCADIA DOES RESOLVE AS FOLLOWS: ~ION 1. WHEREAS, the City of Arcadia and Rancho Santa Anita have beel:l negotiating with regard to the leasing by the latter to the former of certain land, with the right to pump water therefrom, and WHER:~S, a tentative agreement has now been reached, under which th.~ City of Arcadia will be enabled to lease such land at a rental wh:Lch will enable the City of Arcadia to materially re- duce its pumpUlg costs, with an option to purchase the land, if deemed advisable, at a favorable figure, without in any wise commit- ting the City of Arcadia to do so unless it shall deem it wise and expedient to exercise such option, and WHERI~S, the City of Arcadia proposes to apply to the Public Works Ac~inistration for a grant of forty-five (45%> percent of the cost of constructing a new storage reservoir, laying certain mains and supply pipe, installing necessary pumping apparatus, and of sinking a WEIll from which to obt:::.in this additional water supply for the City of Arcadia, and which application must be sub. mi tted to the F'ublic Works Adminis tra tion on or before the 30th day of September, 1938, NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Clerk of the City of Arcadia be, and they are hereby authorized, em- powered and instructed to enter into a lease with Ranoho Santa Anita, upon the following terms and conditions, subject to approval of the City Council: Said lease shall cover an acre of land within the property of the Rancho Santa Anita, the exact acre to be selected by the Superintendent of the Water Department of Arcadia, as now proposed by him and agreed to by Rancho Santa Anita, for an annual rental of -1- THREE THOUSAND ($3,000.00) DOLLARS per year, payable SEVEN HUNDRED FIFTY ($750.00) DOLLARS quarterly, in advance, the first payment to be nade upon the execution and delivery of the lease. Said lease shall contain a provision that the City of Arcadia shall have the right to renew said lease from year to year, .if its obligatlons have been fulfilled to date, for a period of not to exceed fifteen (15) years, and during any part of" the said fif"teen (15) Yllar period which the lease has been renewed by said City of Aroadill, it shall have the option to purchase outright the said acre of lllnd, together with all water rights now owned by Santa Anita Rancho, for a price of FORTY FIVE THOUSAND ($45,000.00) DOLLARS, as to which pallt payments of rent shall be then deemed a portion of the purchase p]~ice already paid by the said City of Arcadia. In exercising the option mentioned herein for renewal from year to year of the said lease, the City of Arcadia may exercise said option in any year within thirty (30) days after the close of its preceding fiscal year. Said lease shall also contain a provision that the City of Arcadia, dw~ing the period of the lease or any renewal thereof, may sink a well or wells and pump water therefrom for use within the said City of Arcadia. No representation to be made by the Rancho Santa Anita as to the amount of water which may legally be pumped by the ()1ty of Arcadia, but in the event that action is brought or an lnjunction is sought by other users in the alleged Raymond Dike BIls1n to limit the amount to be taken by the said City of Arcadill under this lease, Rancho Santa Anita is to agree to join with ~le City of Aroadia in protection or establishment of the water righ':;s involved therein. The Ilbove lease shall become effective after execution and delivery, 1m t shall be con tingen t upon two conditions: 1. ~le City of Arcadia is to supply Rancho Santa Anita with water for domestio, fire protection, and other usual purposes with regard to any subdivisions now approved or hereafter to be approved by the said City of Arcadia, or for which an application for -2- approval is now pending, said water to be supplied at the regular established water rate, and the City of Arcadia to lay and install the necessary mains and supply pipe for that purpose, including the construction of an additional storage reser- voir for the extension of the water system of the City of Arcadia, and pipe lines connecting it with the well or wells to be sunk by the City of Arcadia, and to connect the said source of water supply with its present system. 2. It is to be a condition precedent to any obliga- tion on the part of the City of Arcadia, under the lease, that its application to the Public Works Administration for funds to assist in the construc- tion of the reservoir, sinking of the well, laying of mains and supply pipe, to properly utilize this new source of water, be accepted by the Public Works Admil:listration, and that funds be forthcoming for tha t purpose. In ~le event that such Public Works Administration funds for any reason do not become available to aid in the construction work as outlin,~d above, and the City of Arcadia shall elect not to proceed with ~le said lease authorized hereunder, then the City of Arcadia shall be under no obligation for payment of any sum or sums to Rancho Santll Anita on account of said lease. In the event that the City of Arcadia should not elect to renew the said lease at any time during the fifteen (15) year period, as out:.ined above, said City shall have a period of sixty (60) days with~~n which to remove its pumping equipment and other movable equipmEln t from the said land, it being unders tood that the well or wells 1Iill otherwise be left intact. SECTION 2. The City Clerk shall certify to the adoption -3- of this Resolution. I hereby oertify that the foregoing Resolution was adopted at an adjourned regular m~eting of the Oity Oounoil of the City of Aroadia, held on the 23rd day of September, 1938, by the affirmative vote of at least three councilmen, to-.it: AYE::!: Oouncilmen, Bolz, Griffitts, lJalin, Murphy and Niday NOE8: None ABS~~T: None ~ And signed 80(1 approved this 2~rd day of September, 1938. ag-, 7l7~ Mayor ~ -4-