HomeMy WebLinkAbout68-11RESOLUTION REPEALING RESOLUTION NO. 67-34
RESCINDING ACTION THEREIN TAKEN, AND ANUT,T.ING
B~W~.!NQ.UIS~ENT OF ~T.T, SITE NO. i
The City Council of the City of Ukiah does hereby
RESOLVE:
That Resolution No. 67-34 entitled "RESOLUTION AUTHORIZING
TERMINATION OF FREE. WATER SERVICE UNDER 1892 GIBSON-HARTZELL DEED AND
RELINQUISHMENT OF WEJJ. SITE PROPERTY," is hereby repealed and the
action therein authorizing termination of free water service under
1892 Gibson - Hartzell deed is hereby rescinded and any relinquishment
of the rights and interest under said deed from Gibson to Hartzell
including the area of Well Site No. l, is hereby annulled. This
action shall be effective nunc pro tunc as of the date of the adoption
of Resolution 67-34, February 8, 1967.
PASSED AND ADOPTED this __ 6th day of September, 1967 by the
following vote:
AYES: Councilmen Scotto, Crook, and Mayor Norgard
NOES: None
A~I~: Councilmen Henderson and Harlowe,
ATTEST:
CITY CT,ERK
MAYOR " ,~ ",/~/ '
~ The City Com~cil of the City of Ukiah does hereby
l0 RESOLVE:
Il 1. The City Council hereby finds and determines that
12 because of 'the recent develoI~nent of the new water collector
is system, the City of Ukiah has sufficient water production capacity
14 without retention of Well Site No. 1.
18 2. The City Engineer has reported to the City Council that
le water from Well Site No. 1 is not of quality suitable ~Or direct
17 use, and that Well Bite No. 1 has for the past years been used
la only as temporery emergency source and that the need for a
19 temporery, emergency source of water of the quality contained in
20 Well Site No. i has ceased because of the development of the new
21 water collect~.r production facilities, which report the City
22 Council finds to be true.
2s 3. The City Er~r has reported to the City Council that
·
24 none of the water transmission facilities presently used are
28 in the areas of easement grented by Gibson to the Ukiah Water Co.,
2e and that retention of such easements are unnecessary because area
27 for water transmission facilities now includes within public
28 right of ways, which reports the City Council find to be true.
29 4. The area Presently included in Well Site No. 1 and the
sO easements mentioned in Par~gr~ No. 3 (above) are as described in
si that grant from A.J. GIbeon to J.W. Hartzell, dated July 20, 1892.
PETERS~N LC~
& ImSH
ATqI~OIIN~Y$ AT L.AW
UKiAH. ~AI. JP'fl N I A
(i)
z0
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14
1§
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18
2o
21
24
~7
28
29
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81
5. The C~ty ~r hms reported to the City Council that
no~e of th~ f~cllit~es remaining at Well Site No. 1 are presently
usable or ~ec~saa.~y to t~ City of Ukiah except one control
pe~el which is scheduled for removal to the new.water collector
within a reasonable time which report the City Coumcil finds to
be tr~e.
6. The C~ty Attorney has reported to the City Council that
in his opinion the City, as successor to J.W. Hartz, ell, has the
right to cease to supply water to the successors in interest
of Gibson under the right granted by Hartzell and in the event
of such cessation of service, that the area of Well Site No. l,
the easemnts for water transmission and the right to take water
from the Well Bite No. I shall cease to be the property of the
City of Uk~ah and shall eevert to the sucsessors in interest of
Gibson.
7. Th~ City Council hereby finds and determines that the
foregoing recitals, and each of them are true, and that it is in
the best interest of the City of Ukiah that the water rights of
the sucoessors in interest to Gibson be terminated and the rights
~rented to Hartzell by said deed revert to those persons who may
be entitled thereto.
· 8. The ~ty Clerk is directed to prepare suita01e certified
copies of this resolution for presentation to the Superior Court
in actl~ entitled "~,Allister v. City of Ukiah, et al, Nc. 26492
9. The City Attorney is auth~~ to inform the Court in
the above-entitled action that the City Council has adopted the
within resolution and to present the same as a Notice of Terminat
of water service upon the following persons:
S~~ ~cAI~BTER, UKIAH FLO~ COMPANY, GEORGE K.
, A~N ~, ~E~NY G. ~ERCER, SARAH ELIZAHETH
~R~, N.F. ~ZZONI, L~0N~ ~AZZONI, ELLIS G. GSCHWEND,
CI~NA GBCHWEND, ~ GOODYEAR TIRE ~ERVICE, FRANCIS E BURN:
E. PAULINE BURNS. '
(2)
10
~lll~ll~ ~ IllW~OI ~ be ~0 days after service of
~ ~al; ~~1~1, th~ City &ttor~ey is authorized to extend
tit t~l fo~ I$~1oI fo~ thl c~vef~er~e of the Court and parties
by Itipt~&t~o~, o~ o~ w~tt~ notice or other appropriate means
PA~3) AID ADO~ thaI 8th day of l~ebrua~y, 1~67 by the
followln~ wore:
Councl I.mn $cotto,
C rook
lt~rl~ and Mayor Norgard.
AZ~IT: Councl Iman Henderson
11
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14
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17
18
19
2O
21
~6
~7
~8
$0
31
I~'I'Lq~N LON~GAN
& IIUSH
ATTOIINI'YI AT LAW
01 W. IIIRKINI ITIIIT
UKIAH. CALIFONNIA
I~NON I[ 4e~-4774