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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
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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
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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
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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
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And signed 80(1 approved this 2~rd day of September, 1938.
ag-, 7l7~
Mayor
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