HomeMy WebLinkAboutCC Reso No 1952-717
RESOLUTION NO. 1 / 7
BE IT RESOLVED by the City Councilor the City of Elsinore,
that it is to the advantage and best interests of the City of
Elsinore to lease the Elsinore Sewer Farm to SAM STEWART for a
period of five years commencing the date on Which Notice of
Completion of the Sewer Disposal Plant, now under construction
by the City of Elsinore, is recorded, in accordance with the
terms and c ond it ions of tha t cer tain Ie ase attached hereto; the
consideration for said lease being the transfer of title of certain
property from Sam Stewart to the City of Elsinore which forms a
portion of said Sewer Farm, and no other rental for the use of
said property for the said period of five years being contemplated;
and the Mayor and City Cle rk of said City of Elsinore are
authorized and directed to execute oo~d deliver said lease to Sam
stewa,rt.
I, Gordon Hunt, the duly elected, qualified and acting
crty Clerk of the City of Elsinore, do hereby certify that the
foregoing is a full, true and correct copy of a Resolution of
the City Council of said City, passed at its regular meeting held
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on the / ~ day of {;7"'--'-- - <.-~ , 19.5~ .
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LEASE
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'IRIS LEASE made this I ~ day of /~-- -4..-# 7 ' 195-i:/
by and between the CITY OF ELSINORE, a Muni61pal Corporation,
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first party, and SAM STEWAR'r, second party;
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WITNESSETH:
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That first par~ does by these presents lease, demise and
let unto the second party the following described parcel of land
known as the Elsinore Sewer Farm, situate in the County of River-
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side, state of California, more particularly described as follows:
PARCEL 1: The Southwesterly 9.12 acres of Lot 11 of
Goodwin, Whitten and Elliott's Subdivision, as shown
by map on file in Book 4 page 241 of Maps, San Diego
County Records.
PARCEL 2: Lot 4 of Goodwin, Whitten and Elliott's
Subdivision, as shown by Map on file in Book 4 page
241 of Maps, San Diego Coun~ Records; EXCEPTING
therefrom that portion conveyed to the South Riverside
Land and Water Company, by Deed recorded in Book 15
page 145 of Deeds, Riverside County Records.
PARCEL 3: The Southwesterly 659.47 feet of Lot 11 in
Block A, of Elsinore, as shown by Map on file in Book
8 page 377 of Maps, San Diego County Records.
PARCEL 4: All that portion of Lot 5 of Goodwin,
Whitten and Elliott's Subdivision of Lots 8 and 9,
Block A of Elsinore, as shown by Map of said Subdivision
on file in Book 4 of Maps at page 241 thereof, Records
of San Diego County, Ca.lifornia, lying Southwesterly
of that certain strip of land granted to the Sou th
Riverside Land and Water Company by Deed recorded May
22nd, 1894, in Book 14 of Deeds, at fB ge 289 thereof,
Records of Riverside County, Californiao
PARCEL 5: All that portion of Lot 10 of Goodwin,
Whitten and Elliott's Subdivision of Lots 8 and 9,
Block A of Elsinore, as shown by map of said subdivision
on file in Book 4 of Maps at page 241 thereof, Records
of San Diego Couhty, California, lying Southwesterly
of that certain strip of land granted to the South
Riverside Land and Water Company by Deed recorded May
22, 1894, in Book 15 of Deeds at page 143 thereof,
Reoords of Riverside County, California.
TO HAVE AND TO HOLD for the term of five years commencing
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The consideration for this lease is the transfer of the
title of certain property from Sam Stewart to the City of Elsinore
and no other rental for the use of said property for the said
period of five years is contemplated.
The right is reserved to the first party herein to enter
upon said land at any time for the purpose of prospecting and
drilling for oil, gas, asphalt, naphtha and all other minerals
together with reasonable right of way for roadways over which
supplies may be hauled to or produce from any or all wells that
may be operated as well as the right to lay and maintain any and
all necessary pipe lines, in, on, or ever said premises and to
erect and maintain telegraph and telephone lines and take, use
and occupy reasonable space for machinery, tanks and such build-
ings as maybe ne cessary in connec tion wi th the working of any
wells and to develop water and take from any springs, and creeks
on said premises such surplus water as will not interfere with
the enjoyment and use of the said premises by the party of the
second part, and the second party shall have the right to com-
pensation for any damages to crops by reason of the said roadways
or right of entry.
The second party shall have the free use during the terms
of this lease of all sewer water from the City of Elsinore
normally delivered to the intake of the reservoir now located on
said property. It is understood that the sewer system may be
shut down for reasonable time for repairs, but that no arrangements
will be made by the City of Elsinore for the delivery of sewer
water to any other point.
The second party shall comply with all County Ordinances
and State Laws in reference to the use or overflow of said water
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be made to any fences, water lines or other improvements on said
property. In the event second party repairs or replaces any of
such equipment, such repairs or replacements shall remain the
property of the first par~, but if any new or additional improve-
ments are placedon said property by second party they shall remain
his property and may be removed by him at the end of the term of
this lease.
The second par~ shall have the option to renew this lease
for, an additional period of five years providing notice of his
intention so to renew the same shall be given in writing to the
City Clerk of the City of Elsinore on or before November 1, 1956.
Said renewal shall be on the same terms and condi tions as are
contained in this lease except that it shall provide for payment
of a reasonable rental by second party to first party in an
amount to be then agreed upono If said parties are unable to
agree upon said rental it shall be fixed by a Board of three
arbitrators, one to be chosen by the first party, one by the
second party and they to choose a third. If either party refuses
or neglects for a period of thirty days after notice to designate
an arbitrator, the other party shall have the right to name two
arbitrators and they to choose the third.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands the day and year first above written, the Mayor and
City Clerk having been duly authorized to sign this lease for
and on behalf of the City of Elsinore by resolution of the City
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Council duly adopt ed
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at a regular meeting thereof on the
, 195 .z
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CIT{ OF ELSINORE
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