1995-03 Grant Deed Rancho Cielo
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. RESOLUTION NO. 95-03
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SAN DIEGUITO WATER DISTRICT ACCEPTING THE
GRANT OF ALL INTERESTS IN REAL PROPERTY FOR
PUBLIC PURPOSES AS DESCRIBED IN THE ATTACHED
GRANT DEED BY RANCHO CIELO DEVELOPMENT COMPANY
BE IT RESOLVED AS FOLLOWS:
The District Manager is hereby authorized and directed to execute and record a
"Certificate of Acceptance" accepting on behalf of the San Dieguito Water District the
grant of all interests in real estate for public purposes described on the attached grant deed
dated March 16, 1995 by Rancho Cielo Development Company and to certify that San
Dieguito Water District consents to the recordation of said grant.
PASSED AND ADOPTED at a special meeting of the Board of Directors of San
Dieguito Water District held on the 15th day of March, 1995, by the following vote, to
wit:
. AYES: Directors Davis, Bond, Aspell, Du Vivier & Hano
NOES: None
ABSENT: None
ABSTAIN: None - ~,
avis, President of the
oard of Directors of
San Dieguito Water District
ATT~ .
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L men M, Wasserman, Secretary of the
Board of Directors of
San Dieguito Water District
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PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT
. IS OF BENEFIT OF SAN DIEGUITO WATER DISTRICT
Recording Requested by
and When Recorded Mail to:
San Dieguito Water District
P,O, Box 231010
Encinitas, CA 92023-1010
Attention: District Secretary
CERT[FTCATE OF ACCKPTANCE
The undersigned, being duly appointed agent of, SAN DIEGUITO WATER
DISTRICT, an Irrigation District of the State of California, pursuant to its Resolution No,
95-03 does hereby accept on behalf of said District the grant of all interests in real estate
for public purposes as described in the attached Grant Deed dated March 16, 1995 signed
by Rancho Cielo Development Company and does hereby certify that the Grantee
consents to the recordation of said grant.
. Dated: 03/15/95 SAN DIEGUITO WATER DISTRICT, an
Irrigation District of the State of California
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B . , ~ ~ 'Þ1(l/t.c-¿4'<- ,-
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Lauren M, Wasserman
Its: District Manager
Dated: 5 / 3/ ~5 RANCHO CIELO DEVELOPMENT
COMP , a C ' rnia Corporation
By:
r(/H~ ~
Its: --'P~IHN1
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. ASSIGNMENT AND ASSUMPTION AGREEMENT
This Assignment and Assumption Agreement ("Agreement") is made
as of March 16, 1995, by and between the following, who are
referred to herein jointly as the "Parties";
1. Santa Fe Irrigation District, a California Irrigation
District organized undeF Diyision 11 of the California Water Code,
("Santa Fe"),
2. San Dieguito Water District, a California Irrigation
District organized under Diyision 11 of the California Water Code
("San Dieguito").
Recitals
The Parties enter into this Agreement with respect to and in
contemplation of the following facts and circumstances:
1. Santa Fe and San Dieguito entered into the attached
Agreement For Joint Construction and Operation of Water Treatment,
Storage and Transmission Facilities, dated October 10, 1966
("Faciliti~s Agreement"), under which the Parties agreed to jointly
construct a water filtration plant and appurtenances thereto, a
filtered water reseryoir, connecting pipelines to integrate the
. filtration plant and reservoir into the existing transmission
systems of the two Districts, and other related works which may be
necessary for the construction and operation of the joint project,
including expansion of the filtration plant ("Filtration Plant").
The Facilities Agreement is attached hereto and incorporated herein
as Exhibit "A".
2. Pursuant to the Facilities Agreement, Santa Fe and San
Dieguito agreed to allocate the costs of constructing the
Filtration Plant as 45% for San Dieguito and 55% for Santa Fe.
Construction costs include, but are not limited to, engineering
fees and costs, operation of plans and specifications,
construction, administration and inspection, legal expenses, and
costs of acquisition.
3. Water supply facilities and appurtenances thereto
acquired by the joint exercise of powers under the Facilities
Agreement are the property of the parties hereto in undiyided
interests in proportion to the the capacity rights of each, as
represented by the allocated costs of construction of the Filtered
Water Reservoir, paragraph 2 herein, and are held in the joint name
of the R.E. Badger Filtration Plant.
4. Upon expansion of the Filtration Plant, the projection of
the parties' respective capacity rights in the expanded plant, and
. the respectiye obligations for cost of the expansion work,
including the cost of acquiring property for said expansion, shall
remain 45% for San Dieguito and 55% for Santa Fe.
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. 5. On September 22, 1993, in anticipation of constructing
the expansion of the Filtration Plant, Santa Fe, with the consent
of San Dieguito, entered into an agreement to purchase certain real
property consisting of approximately 28.0 acres of land located in
the County of San Diego, California, adjacent to the existing R.E.
Badger Filtration Plant and commonly known as the Bishop's Parcel,
the legal description of which is attached hereto and incorporated
herein as Exhibit "B" ("Property") from Rancho Cielo Development
Company, a California corporation ("Purchase Agreement").
6. Paragraph 10.1 of the Purchase Agreement authorizes Santa
Fe, as Buyer, to assign the Purchase Agreement to an entity who
will operate the Property as a water-related facility if the entity
expressly assumes the obligations of Buyer under the Purchase
Agreement.
7. The Parties haye determined that it is more efficient for
the Parties to jointly acquire the property pursuant to the
Facilities Agreement by proYiding for the assignment of rights and
the delegation and assumption of duties under the Purchase
Agreement from Santa Fe to the R.E. Badger Filtration Plant,
jointly owned and operated by Santa Fe and San Dieguito, with the
proportionate rights and duties for both Santa Fe and San Dieguito
as proYided in the Facilities Agreement.
Accordingly, in consideration of the assignment and assumption
. contained in this Agreement, the Parties agree as follows:
Assiqnment and Deleqation
Santa Fe assigns to R . E. Badger Filtration Plant, a public
water-related facility jointly owned and operated by Santa Fe and
San Dieguito, all of its rights, and delegates to R.E. Badger
Filtration Plant, all of its duties under the Purchase Agreement.
Title conveyed pursuant to said Purchase Agreement shall be in the
following manner:
Grantees accept title as Santa Fe Irrigation District
and San Dieguito Water District, as tenants in common,
with undivided proportionate ownership of 45% San
Dieguito Water District and 55% Santa Fe Irrigation
District, operating cooperatiyely as "R.E. Dadger
Filtration Plant."
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. Acceptance and Assumption
R.E. Badger Filtration Plant accepts the assignment and
delegation and assumes all duties of Santa Fe under the Purchase
Agreement.
"Santa Fe" SANTA FE IRRIGATION DISTRICT
By:
"R.E. Badger Filtration Plant"
SAN DIEGUITO WATER DISTRICT
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By:
Robert Nelson
. Public Works Director
and
SANTA FE IRRIGATION DISTRICT
By:
Approved as to Form
Theodore J. r~swold
for Best, Best & Krieger
SANTA FE IRRIGATION DISTRICT
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