HomeMy WebLinkAboutC-2193 - Compromise Settlement, Mutual Release & Trust Agreement for San Joaquin Reservoirm1+� anyal
RA}A DSIPoIT
IRVIXERANCH WATER DISTRIff 15600 Sand Canyon Ave. -P.O. Box 57000.1rvzne, CA 92619-7000.(714)453-5300
June 28, 2001
SUBJECT: SAN JOAQUIN RESERVOIR QUITCLAIM DEED
Enclosed is a recorded copy of the Quitclaim Deed (Reservoir and Ingress/Egress
Easement) for your records. I included only the first page of the Agreement for Sale of
San Joaquin Reservoir Capacity Right and Undivided Real Property Interests and
Termination of Trust Agreement as your agency has previously received a fully
conformed copy from MWD.
Also enclosed is the recorded copy of the Quitclaim Deed with the City of Newport
Beach dated March 14, 2001.
Since ly,
Leslie Bonkowski
District Secretary
Enclosure
cc: Joan Arneson, BAW &G
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Ms. LaVonne Harkless
tiff
City Clerk
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City of Newport Beach
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3300 Newport Boulevard
P.O. Box 1768
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Newport Beach, CA 92659 -1768
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Dear Ms. Harkless
SUBJECT: SAN JOAQUIN RESERVOIR QUITCLAIM DEED
Enclosed is a recorded copy of the Quitclaim Deed (Reservoir and Ingress/Egress
Easement) for your records. I included only the first page of the Agreement for Sale of
San Joaquin Reservoir Capacity Right and Undivided Real Property Interests and
Termination of Trust Agreement as your agency has previously received a fully
conformed copy from MWD.
Also enclosed is the recorded copy of the Quitclaim Deed with the City of Newport
Beach dated March 14, 2001.
Since ly,
Leslie Bonkowski
District Secretary
Enclosure
cc: Joan Arneson, BAW &G
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
IRVINE RANCH WATER DISTRICT
15600 Sand Canyon Avenue
P.O. Box 57000
Irvine, California 92619 -7000
Attention: Leslie A. Bonkowski, Secretary
�J
Recorded in Official Records, County of Orange
Gary Granville, Clerk- Recorder
IIIIIIIIIIIIIIIIIIBI11IINIIIIIIIIIIIIIIIII1IIIIINO FEE
20010352812 09:41 am 05%31101
114 16 Q01 A04 3
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
16
MAIL TAX STATEMENTS TO ADDRESS ABOVE
-;-,7 Clerk (Space Above For Recorders Use)
p`ed DOCUMENTARY TRANSFER TAX $ None - Tax Exern t
No, ao. Computed on ull value of roe conveyed:
rJ�''``" P property rtY Y
Computed on full value less the value of liens or
encumbrances thereon remaining at time of sale
FREE RECORDING REQUESTED -- Essential to acquisition by Irvine Ranch Water a
District (Government Code §6103) 'j P
QUITCLAIM DEED e'v
(City of Newport Beach) NF
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
CITY OF NEWPORT BEACH, a municipal corporation ( "Owner'), hereby remises, releases and forever
quitclaims to IRVINE RANCH WATER DISTRICT, a California water district organized under Division 13 of
the California Water Code ( "Grantee "), all right title and interest conveyed to Owner by
Instrument recorded in the Official Records of Orange County in Book 7161, page 116, on
August 3, 1964, and by
Instrument recorded in the Official Records of Orange County as Instrument No. 84-
107305, on March 14, 1984 and unrecorded instrument referenced therein, dated
December 23, 1981.
DATED:
7C_
Owner
CITY OF NEWPORT BEACH
By
Mayor
By �k0 71.-7K • I �UT� 4 Y
City Clerk
San Joaquin Reservoir
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Owner
CITY OF NEWPORT BEACH
By
Mayor
By �k0 71.-7K • I �UT� 4 Y
City Clerk
San Joaquin Reservoir
STATE OF CALIFORNIA
COUNTY O'FORANGE
n On tr `o.- C- ._ i,L4 , i O O 1 before me personally appeared
personally Wn to me ) to be the o s) hose
Warn (s /are nbed to the within in ument and acknowledged to me that he /sh the exe ted the
Sameei their uthorized capacity 'es , and that his/her =heii ignatur (s on th trument the
persons or the Ity upon behalf of whit the perso (s acted, executed the i strument.
� and offi lal seal.
Signature (SEAL)
0188
CATHY FISHER
Commission # 1174329
i NotaryPublic- California_
Orange county
My Comm. Bpkes Feb21, 2(1112
3 San Joaquin Reservoir
0 •
IRVINE RANCH WATER DISTRICT
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by deed or grant dated
March 14, 2001 from the City of Newport Beach is hereby accepted by the undersigned
officer on behalf of the Board of Directors pursuant to authority conferred by Resolution
No. 1965 -36 of the Board of Directors, adopted on October 6, 1965, and the grantee
consents to recordation thereof by its duly authorized officer.
Date: May 18, 2001
IRVINE RANCH WATER DISTRICT
Secretary to the Board of Directors
(6
0
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
IRVINE RANCH WATER DISTRICT
15600 Sand Canyon Avenue
P.O. Box 57000
Irvine, California 92619 -7000
Attention: Leslie A. Bonkowski, Secretary
Recorded in Official Records, County of Orange
Gary Granville, Clerk- Recorder
I II�II�II0IIA11111I I III 111191111111 NO FEE
20010352814 09:41am 05131101
114 16 Q01 Al2 A04 80
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
MAIL TAX STATEMENTS TO ADDRESS ABOVE
(Space Above For Recorder's Use)
CJcrk DOCUMENTARY TRANSFER TAX $ None - Tax Exempt 3
Computed on full value of property conveyed:
Computed on full value less the value of liens or P
- • — encumbrances thereon remaining at time of sale �b
FREE RECORDING REQUESTED - Essential to acquisition by Irvine Ranch Water q
District (Government Code §6103) ,/ F
QUITCLAIM DEED
(Reservoir and Ingress /Egress Easements)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation organized and
existing pursuant to the Metropolitan Water District Act (Stats. 1969, Ch. 209, as amended)( "Owner"),
hereby remises, releases and forever quitclaims to IRVINE RANCH WATER DISTRICT, a California water
district organized under Division 13 of the California Water Code ( "Grantee "), all right title and interest in
That certain real property described in Exhibit "A" and depicted on Exhibit "B ", which
exhibits are attached hereto and incorporated herein by this reference.
together with all improvements thereon , capacity therein and rights to all native inflow to the Reservoir
from the lands tributary to the Reservoir (collectively, the "San Joaquin Reservoir Property").
The San Joaquin Reservoir Property granted hereby is conveyed free of the trust
established by that certain San Joaquin Reservoir Trust Agreement, effective July 1, 1980, as amended
by the First Amendatory Agreement, dated as of July 1, 1980, and the Second Amendatory Agreement,
dated as of October 1, 1990 ( "Trust Agreement'), which trust has been revoked by the consent of all
parties to said agreement. In accordance with and subject to the terms and conditions of the
AGREEMENT FOR SALE OF SAN JOAQUIN RESERVOIR CAPACITY RIGHTS AND UNDIVIDED REAL
PROPERTY INTERESTS AND TERMINATION OF TRUST AGREEMENT, dated as of March /, ,2001,
including, but not limited to, the repurchase option set forth therein, Owner, as trustee under the
terminated Trust Agreement, makes this conveyance by express direction of the settlors and beneficiaries
of said revoked trust, for the purpose of distributing trust property.
DATED:
Owner
�T
v THE METROPOLITAN WATER DISTRICT OF
' q LL '< SOUTHERN CALIFORNIA
ILL! q `c
N - By
LLI r M. ner 1 M nager
G
San Joaquin Reservoir
0 0
The following parties, being the beneficial owners, in their respective percentage undivided
shares, of the San Joaquin Reservoir Property, hereby acknowledge and confirm the above quitclaim by
the Owner, and upon recordation hereof release the Owner from any further obligation under the Trust
Agreement or the trust thereby created:
WATER DISTRICT
THE METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA
By
President
By
Secretary
CITY OF HUNTINGTON BEACH
By
Mayor
By
City Clerk
CITY OF NEWPORT BEACH
By
Mayor
By
City Clerk
2 San Joaquin Reservoir
0. 0
The following parties, being the beneficial owners, in their respective percentage undivided
shares, of the San Joaquin Reservoir Property, hereby acknowledge and confirm the above quitclaim by
the Owner, and upon recordation hereof release the Owner from any further obligation under the Trust
Agreement or the trust thereby created:
IRVINE RANCH WATER DISTRICT
By
President
By
Secretary
THE METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA
X
CITY OF HUNTINGTON BEACH
By
Mayor
By
City Clerk
CITY OF NEWPORT BEACH
By
Mayor
By
City Clerk
2 San Joaquin Reservoir
r i
The following parties, being the beneficial owners, in their respective percentage undivided
shares, of the San Joaquin Reservoir Property, hereby acknowledge and confirm the above quitclaim by
the Owner, and upon recordation hereof release the Owner from any further obligation under the Trust
Agreement or the trust thereby created:
IRVINE RANCH WATER DISTRICT
By
President
By
Secretary
THE METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA
By
President
By
Secretary
CITY OF HUNTINGTON BEACH
G, A! HU i T Cid, tw i''y AV''Lcrney
By- N�puiy 'City A;orrey By
May
By G�
City Clerk
CITY OF NEWPORT BEACH
By
Mayor
By
City Clerk
San Joaquin Reservoir
0
0
The following parties, being the beneficial owners, in their respective percentage undivided
shares, of the San Joaquin Reservoir Property, hereby acknowledge and confirm the above quitclaim by
the Owner, and upon recordation hereof release the Owner from any further obligation under the Trust
Agreement or the trust thereby created:
IRVINE RANCH WATER DISTRICT
By
President
By
Secretary
THE METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA
By
President
By
Secretary
CITY OF HUNTINGTON BEACH
By
Mayor
By
City Clerk
CITY OF NEWPORT BEACH
Mayor
By &�nL M • da-t- iXL1)2,;
City Clerk
2 San Joaquin Reservoir
• . 0
MESA CONSOLIDATED WATER DISTRICT
BY - 0/4i
Pre 'dent
By —
Secretary
LAGUNA BEACH COUNTY WATER
DISTRICT
By
President
By
Secretary
SOUTH COAST WATER DISTRICT
By
President
By
Secretary
THE IRVINE COMPANY
By
President
By
Secretary
San Joaquin Reservoir
• •
MESA CONSOLIDATED WATER DISTRICT
By
President
By
Secretary
LAGUNA BEACH COUNTY WATER
DISTRICT
By
President Paul P. Freeman
By
Secretary
Renee M. Hinch
SOUTH COAST WATER DISTRICT
By
President
By
Secretary
THE IRVINE COMPANY
By
President
By
Secretary
3 San Joaquin Reservoir
• . •
MESA CONSOLIDATED WATER DISTRICT
By
President
By
Secretary
LAGUNA BEACH COUNTY WATER
DISTRICT
By
President
By
Secretary
SOUTH ST WATE✓ STR CT
By le
President <
By
Secretary
THE IRVINE COMPANY
By
President
By
Secretary
3 San Joaquin Reservoir
0 . •
MESA CONSOLIDATED WATER DISTRICT
By
President
By
Secretary
LAGUNA BEACH COUNTY WATER
DISTRICT
By
President
By
Secretary
SOUTH COAST WATER DISTRICT
By
President
By
Secretary
TH
By
By
3 San Joaquin Reservoir
a •
�t: A�
1004 -23 -30
1004 -23 -31
1004 -24-7
1004 -25 -1
San Joaquin Reservoir
Quitclaim Deed
MWD & MWD, as Trustee
To
Irvine Ranch Water District
All rights, title, and interest in and to those certain parcels of land in the
County of Orange, State of California conveyed to The Metropolitan Water District of
Southern California as Parcel 1, Parcel 2, and Parcel 3 by Grant Deed recorded July 03,
1980 as Instrument No. 4927 in Book 13656, page 12, and conveyed as Parcel 1, Parcel 2,
Parcel 3, and Parcel 4 by Grant Deed recorded August 28, 1985 as Instrument No. 85-
323204, and conveyed to The Metropolitan Water District of Southern California, a
public corporation recorded August 28, 1985 as Instrument No. 85- 323188 and conveyed
to The Metropolitan Water District of Southern California, a public corporation, in trust
as Parcel 1, Parcel 2, and Parcel 3 by Grant Deeds recorded July 03, 1980 as:
Instrument No. 4928 in Book 13656, page 25
Instrument No. 4929 in Book 13656, page 30
Instrument No. 4930 in Book 13656, page 35
Instrument No. 4931 in Book 13656, page 40
Instrument No. 4932 in Book 13656, page 45
Instrument No. 4933 in Book 13656, page 50
Instrument No. 4934 in Book 13656, page 55
Instrument No. 4935 in Book 13656, page 60
and conveyed as Parcel 1, Parcel 2, Parcel 3, and Parcel 4 by Grant Deeds recorded
August 28, 1985 as:
Instrument No. 85- 323205
Instrument No. 85- 323206
Instrument No. 85- 323207
Instrument No. 85- 323208
Instrument No. 85- 323209
Instrument No. 85- 323210
Page 1 of 2
a
100423 -30
1004 -23 -31
1004247
1004 -25 -1
San Joaquin Reservoir
Quitclaim Deed
MWD & MWD, as Trustee
To
Irvine Ranch Water District
Instrument No. 85- 323211
Instrument No. 85- 323212
and as conveyed by document recorded November 24, 2000 as Instrument No.
20000648268 all of Official Records in the Office of the County Recorder of said County.
All as shown on EXHIBIT B attached hereto and made a part hereof.
END OF DESCRIPTION
PREPARED UNDER MY SUPERVISION
r
(Peter G iseman P.L.S. 6241
/-Z
Date
SAwordshu\petgw\\ cgcA1.dm
Page 2 of 2
December 12.2000
12/12/00 BG
PREPARED UNDER
MY SUPERVISION
Pe . Wiseman P.L.S. 6241
DATE
lsvnwljoaquin /row /exhiblJoaquin 1. dgn
EXHIBIT B PAGE 2OF5
IS EXHIBIT IS TO BE ATTACHED TO LEGAL DESCRIPTIC
A PORTION OF BLOCK 97 & 98
IRVINE'S SUBDIVISION
M.R. 1188, COUNTY OF ORANGE
STATE OF CALIFORNIA
ffift
PARCEL 1 OF THE FOLLOWING:
INST. NO. 4927 O.R. 13656/12, REC. 07.03 -1980
INST. NO. 4928 O.R. 13656125, REC. 07 -03 -1980
INST. NO. 4929 O.R. 13656130, REC. 07-03 -1980
INST. NO. 4930 O.R. 13656135, REC. 07-03 -1980
INST. NO. 4931 O.R. 13656140, REC. 07-03 -1980
INST. NO. 4932 O.R. 13656145, REC. 07-03 -1980
INST. NO. 4933 O.R. 13656150, REC. 07-03 -1980
INST NO. 4934 O.R. 13656155, REC. 07-03 -1980
INST. NO. 4935 O.R. 13656160, REC. 07-03 -1980
INST. NO. 85- 323204 O-A, REC. 08 -28 -1985
INST. NO. 853232050.R., REC. 08-28 -1985 /
INST. NO. 85- 323206 O.A., REC. 08-28 -1985 /
INST. NO. 85323207 O.R., REC. 08-28 -1985 /
INST. NO. 85323208 O.R., REC. 08-28 -1985 /
INST. NO. 85323209 O.R., REC. 08 -28 -1985 /
INST. NO. 85323210 O.R., REC. 08-28 -1985 /
INST. NO. 85323211 O.R., REC. 08-28 -1985 /
INST. NO. 85323212 O.R., REC. 08-28 -1985 /
LEGEND
QUITCLAIM
®
1004 -25 -1
i
NO SCALE
I THE METROPOLJTAN WATER DISTRICT I
OF SOUTHERN CALIFORNIA
SAN JOAQUIN RESERVOIR
QUITCLAIM DEED
M.W -D. & M.W.D., TRUSTEE
TO
IRVINE RANCH WATER DISTRICT
1004.25 -1
12112100 BG
EXHIBIT B
PAGE 3 OF 5
A PORTION OF BLOCK 91 & 98, IRVINE'S SUBDIVISION
M.R. 1188, COUNTY OF ORANGE, STATE OF CALIFORNIA
THIS EXHIBIT IS TO BE ATTACHED TO LEGAL DESCRIPTION
r 44
SEE PAGE 4 •. 'pQI'
N
NO SCALE
\\ c /
> 0
/ 0 \
\
/
/
/
/
/ C
low
A
INST. NO. 85-323188 O.R., REC. 08 -28 -1985
PARCEL 3 OF THE FOLLOWING:
INST. NO. 4927 O.R. 13656/12, REC. 07 -03 -1980
INST. NO. 4928 O.R. 13656125, REC. 07-03 -1980
INST NO. 4929 O.R. 13656130, REC. 07-03 -1980
INST NO. 4930 O.R. 13656135, REC. 07.03 -1980
ME NO. 4931 O.R. 13656141, REC. 07-03 -1980
INST. NO. 4932 O.R. 13656145, REC. 07. 031980
INST. NO. 4933 O.R. 13656150, REC, 07 -03 -1980
INST. NO. 4934 O.R. 13656155, REC. 07-03 -1980
INST. NO. 4935 O.R. 13656160, REC. 07-03 -1980
INST NO. 85323204 O.R., REC. 08- 28.1985
INST. NO. 85. 323205 O.R., REC. 08 -28 -1985
INST. NO. 85- 323206 O.R., REC. 08-28-1985
INST. NO. 85223207 O.R., REC. 08 - -28-1985
MST NO. 85-323208 O.R., REC. 08 -28 -1985
INST. NO. 85323209 O.R., REC. 08 -28 -1985
INST. NO. 85323210 O.R., REC. 08 -28 -1985
INST. NO. 85323211 O.R., REC. 08 -28 -1985
INST. NO. 85-323212 O.R., REC. 08 -28 -1985
INST. NO. 20000646268 O.R.
REC. 11 -29-00
SAN JOAQUIN RESERVOIR
100425.1
LEGEND
.. QUITCLAIM
1004 -23 -30 (PORTION)
't 1004 -25 -100
PREPARED UNDER ecDvP THE MOF SOUTHERN CALIFORNIARICT
MY SUPERVISION ? 4, �' F�
J
Peter
DATE
Isvtrwleoctdr2 /row /exhib/9uitclaim 1.dgn
No.
SAN JOAQUIN RESERVOIR
QUITCLAIM DEED
M.W.D. & M.W.D., TRUSTEE
TO
IRVINE RANCH WATER DISTRICT
1004 -2330 & 1004 -25 -100
12112100 BG
EXHIBIT B
A PORTION OF BLOCK 91 & 98, IRVINE'S SUBDIVISION
M.R. 1/88, COUNTY OF ORANGE, STATE OF CALIFORNIA
THIS EXHIBIT IS TO BE ATTACHED TO LEGAL DESCRIPTION
19
NO SCALE
LEGEND
FEE
PREPARED UNDER
MYSUPERVISION
DATE
QUITCLAIM &
1004 -23-30 & 31
Isvmvleocid2lrowlexhib /quitclaim 1. dgn
PAGE 4OF5
INST. NO. 85323188 O.R., REC. 08 -28 -1985
PARCEL 3 & 4 OF THE FOLLOWING:
INST. NO. 85323204 O.R., REC. 08-28 -1985
INST. NO. 85-323206 O.R., REC. 08-28 -1985
INST. NO. 85-323206 O.R., REC, 08-28 -1985
INST. NO. 853232070.8., REC. 08.28 -1985
INST. NO. 85323208 O.R., REC. 08-28 -1985
INST. NO. 85-323209 O.R., REC. 08.28 -1985
INST NO. 85323210 O.R., REC. 08 -26 -1985
INST. NO. 85323211 O.R.; REC. 08 -28 -1985
INST. NO. 85-323212 O.R., REC. 08.28 -1985
PARCEL 3 OF THE FOLLOWING:
INST. NO. 4927 O.R. 13656/1$ REC. 07-03 -1980
INST. NO. 4928 O.R. 13656125, REC. 07-03 -1980
INST. NO. 4929 O.R. 13656130, REC. 07-03 -1960
INST. NO. 4930 O.R. 13656135, REC. 07.03 -1980
INST. NO. 4931 O.R. 13656140, REC. 07.03 -1980
INST. NO. 4932 O.R. 13656145, REC. 07-03 -1980
INST. NO. 4933 O.R. 13656150, REC. 07.03 -1980
INST. NO. 4934 O.R. 13656155, REC. 07-03 -1980
INST. NO. 4935 O.R. 13656160, REC. 07.03 -1980
O
;
lkv
'J
GO
12/12/00 BG
EXHIBIT B PAGE 5 OF 5
TRACT NO. 9858, M.M. 43611 -7, CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA
THIS EXHIBIT IS TO BE ATTACHED TO LEGAL DESCRIPTION
NO SCALE / 6 Zq°�3 �• 1
it y 1
:1 o core
� 92 •,�t +Nl
IlrDd
i CN
! INST. NO. 85-323188 O.R., REC. 08 -28 -1985
/Y 20 O �1 PARCEL 2 OF THE FOLLOWING:
INST. NO. 4927 O.R. 13656/12, REC. 07-034980
�,p INST. NO. 4928 O.R. 13656125, REC. 07-03 -1980
you 0 f� INST. NO. 4929 O.R. 13656130, REC. 07-03 -1980
INST. NO. 4930 O.R. 13656135 REC. 07.03 -1980
_ '£y INST. NO. 4931 O.R. 13656140, REC. 07-03 -1980
INST. NO. 4932 O.R. 13656145, REC. 07-03 -1980
3- INST. NO. 4933 O.R. 13656150, REC. 07-03 -1980
is G+ a INST. NO. 4934 O.R. 13656155, REC. 07-03 -1980
•y+ �+ p INST. NO. 4935 O.R. 13656160, REC. 07.03 -1980
E INST. NO. 85-323204 O.R., REC. 08-28 -1985
:0 / .;' INST. NO. 85323205 O.R., REC. 08 -28 -1985
i
INST. NO. 85-3232060.R., REC. 08- 28.1985
INST. NO. 853232070.R., REC. 08.28 -1995
•' — ;� INST. NO. 853232080.R., REC. 08 -28 -1985
G i INST. NO. 85323209 O.R., REC. 08- 28.1985
INST. NO. rn I ; INST. NO. &&,??23211 O.R., REC. 08-28 -1985
INST. NO. 85323212 D.R., REC. 08- 28.1985
LEGEND
M QUITCLAIM &
1004 -247
PREPARED UNDER
MY SUPERVISION
DATE
Isvnw /Joaquin /rowlexhibijoaquin 5. dgn
12112/00 BG
IRVINE RANCH WATER DISTRICT
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by deed or grant dated
March 22, 2001 from The Metropolitan Water District of Southern California, Irvine
Ranch Water District, The Metropolitan Water District of Southern California, City of
Huntington Beach, City of Newport Beach, Mesa Consolidated Water District, Laguna
Beach County Water District, South Coast Water District, and The Irvine Company is
hereby accepted by the undersigned officer on behalf of the Board of Directors pursuant
to authority conferred by Resolution No. 1965 -36 of the Board of Directors, adopted on
October 6, 1965, and the grantee consents to recordation thereof by its duly authorized
officer.
Date: May 18, 2001
IRVINE RANCH WATER DISTRICT
xz� eo)"I-�3�za
e fie Bonkowski
Secretary to the Board of Directors
AGREEMENT FOR SALE OF SAN JOAQUIN RESERVOIR
CAPACITY RIGHTS AND UNDIVIDED REAL PROPERTY
INTERESTS AND TERMINATION OF TRUST AGREEMENT
THIS AGREEMENT, hereinafter referred to as the "Agreement," is made and
entered into as of this 1st day of March, 2001, by and among
IRVINE RANCH WATER DISTRICT ( "IRWD" or "Buyer" herein), organized and
existing pursuant to the California Water District Law (Water Code §34000
et seq.);
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
( "METROPOLITAN" herein), organized and existing pursuant to the
Metropolitan Water District Act ( Stats. 1969, Ch. 209, as amended);
CITY OF HUNTINGTON BEACH ( "HUNTINGTON BEACH" herein), a municipal
corporation of the State of California;
CITY OF NEWPORT BEACH ( "NEWPORT BEACH" herein), a municipal
corporation of the State of California;
MESA CONSOLIDATED WATER DISTRICT ( "MESA" herein), organized and
existing pursuant to the Costa Mesa Merger Law (Water Code §33200 et
seq.) and the County Water District Law (Water Code §30000 et seq.);
LAGUNA BEACH COUNTY WATER DISTRICT ( "LAGUNA" herein), organized
and existing pursuant to the County Water District Law (Water Code
§30000 et seq.);
SOUTH COAST WATER DISTRICT ( "SOUTH COAST' herein), organized and
existing pursuant to the County Water District Law (Water Code §30000 et
seq.) (successor to South Coast County Water District);
and
THE IRVINE COMPANY ( "TIC" herein), a Delaware corporation (successor in
interest to The Irvine Company, a Michigan corporation, successor in
interest to The Irvine Company, a West Virginia corporation);
0
COLLECTIVE DEFENSE AGREEMENT
This Collective Defense Agreement ( "Agreement ") is made and entered into as of
this / 5t day of March , 2001, by and among the IRVINE RANCH
WATER DISTRICT, a California water district formed and existing pursuant to the
California Water District Law ( "IRWD "), and any of the following listed parties who have
executed both this Agreement and that certain agreement entitled "AGREEMENT FOR
SALE OF SAN JOAQUIN RESERVOIR CAPACITY RIGHTS AND UNDIVIDED REAL
PROPERTY INTERESTS AND TERMINATION OF TRUST AGREEMENT' in
substantially the form attached hereto as Exhibit "A" ( "Sale Agreement "), unless the
execution of the Sale Agreement has been enjoined or stayed by a court of appropriate
jurisdiction and such injunction or stay remains in effect (collectively, "Sellers "):
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
( "METROPOLITAN" herein), organized and existing pursuant to the
Metropolitan Water District Act ( Stats. 1969, Ch. 209, as amended);
CITY OF HUNTINGTON BEACH ( "HUNTINGTON BEACH" herein), a municipal
corporation of the State of California;
CITY OF NEWPORT BEACH ( "NEWPORT BEACH" herein), a municipal
corporation of the State of California;
MESA CONSOLIDATED WATER DISTRICT ( "MESA" herein), organized, existing
and operating pursuant to the Costa Mesa Merger Law (Water Code
§33200 et seq.) and the County Water District Law (Water Code §30000 et
seq.);
Ll
LAGUNA BEACH COUNTY WATER DISTRICT ( "LAGUNA" herein), organized
and existing pursuant to the County Water District Law (Water Code
§30000 et seq.);
SOUTH COAST WATER DISTRICT ( "SOUTH COAST" herein), organized and
existing pursuant to the County Water District Law (Water Code §30000 et
seq.) (successor to South Coast County Water District);
and
THE IRVINE COMPANY ( "TIC" herein), a Delaware corporation (successor in
interest to The Irvine Company, a Michigan corporation, successor in
interest to The Irvine Company, a West Virginia corporation);
RECITALS:
A. IRWD and the Sellers, as owners of interests in the San Joaquin Reservoir
( "Reservoir"), have entered into, or have executed, subject to execution by any of the
parties thereto which have not yet signed, the Sale Agreement, providing for the sale to
IRWD by the Sellers of all of their respective undivided ownership and capacity interests
and all of their rights, title and interest in and to the Reservoir.
B. On December 18, 2000, IRWD approved the execution of the Sale
Agreement, approved a project to convert the Reservoir to a reclaimed water storage
reservoir and adopted certain proceedings relating to such approvals under the California
Environmental Quality Act (CEQA).
C. On or about January 22, 2001, a petition for writ of mandate and complaint
for declaratory and injunctive relief was filed in the Superior Court entitled DEFEND THE
BAY, Petitioner and Plaintiff, v. IRVINE RANCH WATER DISTRICT et al., Respondents
2
• •
and Defendants, and MESA CONSOLIDATED WATER DISTRICT; MET`I�OPOLITAN
WATER DISTRICT, CITY OF HUNTINGTON BEACH; LAGUNA BEACH COUNTY
WATER DISTRICT; THE IRVINE COMPANY; SOUTH COAST WATER DISTRICT; CITY
OF NEWPORT BEACH, et al., Real Parties in Interest, Case Number OCSC 01 CCO1034
(the "Action "). The Action seeks review of the above - described approvals on the
grounds of noncompliance with CEQA.
D. The parties signatory to this Agreement acknowledge that they have a
common interest in completing the transaction for the sale of the Reservoir and a
common interest in defending the Action. The Sellers signatory to this Agreement have
a common interest in avoiding or minimizing the expense of defending the Action. The
signatory parties are not aware of a basis for a conflict of interest in participating in a
collective defense of the Action.
E. The parties signatory to the Agreement have considered their potential
individual exposure, defense costs and other matters and have concluded that it is in
their individual best interests to enter into this Agreement for the collective defense of the
Action.
NOW, THEREFORE, the parties hereto, in consideration of the mutual promises
and covenants hereinafter set forth, DO AGREE AS FOLLOWS:
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0
SECTION 1. Additional Parties. The parties hereto agree that any entity
listed as a prospective Seller above, who has not signed this Agreement, may become a
party hereto by executing this Agreement and, unless precluded as described in the
preamble to this Agreement, by executing the Sale Agreement.
SECTION 2. Confidentiality. Each of the parties hereto agrees to maintain
in strict confidence any nonpublic information, including, but not limited to, any
information related to this Agreement and protected by the work product or attorney-
client privileges, it receives in any form relating to the subject matter of this Agreement or
the Action. Each of the parties desires to maintain all information distributed to and
among the parties and the parties and counsel as confidential and protected by the
attorney - client and official information privileges.
SECTION 3. Defense. IRWD agrees to defend each party who has
become a "Seller" in the manner described hereinabove, in the Action, including any
appeal thereof or any related actions filed with respect to additional CEQA proceedings
taken by IRWD if the same are ordered in the Action. IRWD shall have the right to
determine the theories on which it will provide the defense of the Action, to pursue or not
pursue any substantive or procedural matter in the Action, including any appeal thereof
or any related actions filed with respect to additional CEQA proceedings taken by IRWD
that may be ordered in the Action, and to approve or not approve any settlement of the
Action. The foregoing notwithstanding, any party shall have the right to withdraw from
P
0
this Agreement, at any time and for any reason, and, in that event, the withdrawing party
shall no longer be included in the collective defense.
SECTION 4. Costs and Expenses. All costs and expenses related to this
defense, including the expense of satisfying or complying with any relief ordered against
Sellers in the Action, and any attorneys' fees incurred by IRWD in the legal
representation of Sellers pursuant to this Agreement, shall be paid by IRWD. IRWD shall
also bear all costs and expenses of preparing any additional CEQA documentation that
may be required pursuant to the Action.
SECTION 5. Legal Counsel. The parties hereto recognize and
acknowledge that the law firm of Bowie, Arneson, Wiles & Giannone has been retained
by IRWD to provide the collective representation under this Agreement. The parties
further acknowledge that under the rules of professional conduct of attorneys, counsel
may not represent two or more parties whose interests conflict or are adverse or may
become adverse, without the consent of each such party. Each of the parties hereto
hereby expressly represents that it has made such investigation of potential conflicts of
interest and sought such independent legal advice as it deems necessary in order to
make an informed decision concerning any actual or potential adverse effects of joint
representation of it by counsel retained by IRWD. Each of the parties hereto expressly
consents to its representation by legal counsel designated by IRWD. In giving such
consent, each of the parties acknowledges and understands that counsel retained by
L7
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IRWD to provide the collective defense may have represented, or may currently or in the
future represent, IRWD or other parties with interests adverse to such consenting party's
interests in other matters not involved in the Action. Each of the parties hereby further
agrees and consents to the continued representation by said legal counsel designated
by IRWD notwithstanding such party's withdrawal pursuant to Section 3 hereof, and
hereby waives any right to disqualify said counsel from continuing to provide the
collective defense for the remaining parties. This consent is conditioned upon IRWD's
reasonable efforts to keep counsel designated by the signatory parties sufficiently
informed to enable such counsel to advise their respective client signatory parties
regarding the existence and scope of any conflicts of interest that may arise among
signatory parties.
SECTION 6. Execution. This Agreement may be executed in counterparts,
each of which shall be deemed an original and all of which shall constitute one and the
same agreement. Each signing party has caused this Agreement to be executed on its
behalf by its duly authorized officers and represents and warrants that the officers so
executing have been duly authorized to enter into this Agreement on behalf of the party
for whom they execute. This Agreement shall be effective as of the date when it has
been signed by IRWD and any one or more of the other parties listed in the preamble
hereof who have also executed the Sale Agreement unless execution of the Sale
Agreement is precluded in the manner described in said preamble.
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IN WITNESS WHEREOF, the parties have executed this Agreement.
IRVINE RANCH WATER DISTRICT
By �n L-
Pres d nt
ecretary
APPROVED AS TO FORM:
(SEAL)
76sel for IRWD
THE METROPOLITAN WATER
DISTRICT OF SOUTHERN
CALIFORNIA
By
General Manager
By
Secretary
APPROVED AS TO FORM:
(SEAL)
Counsel for METROPOLITAN
0
IN WITNESS WHEREOF, the parties have executed this Agreement.
IRVINE RANCH WATER DISTRICT
By
President
By
Secretary
APPROVED AS TO FORM:
(SEAL)
Counsel for IRWD
THE METROPOLITAN WATER
DISTRICT OF SOUTHERN
CALIFORNIA
By
,(n„G era anager
0
APPROVED AS TO FORM:
Secretary
(SEAL)
Counsel for METROPOLITAN
APPROVED AS TO FORM:
0
CITY OF HUNTINGTON BEACH
'� I
By / /ir+�ccP �iux�u
City Clerk S�jLfo� U
(SEAL)
City Attorney
CITY OF NEWPORT BEACH
By
Mayor
By
City Clerk
APPROVED AS TO FORM:
lu.y' ,
City Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
9
9
CITY OF HUNTINGTON BEACH
By
Mayor
By
City Clerk
(SEAL)
CITY OF NEWPORT BEACH
By
Mayor
0
City Clerk
(SEAL)
0 0
MESA CONSOLIDATED WATER
DISTRICT
Pradident
By
i
Secretary
APPROVED AS TO FORM: Bow; e, /twssrxv, w1 12s A �A,,>verot
401-/409---- (SEAL)
Counsel for MESA
LAGUNA BEACH COUNTY WATER
DISTRICT
By
President
By
Secretary
APPROVED AS TO FORM:
(SEAL)
Counsel for LAGUNA
•
APPROVED AS TO FORM:
Counsel for MESA
MESA CONSOLIDATED WATER
DISTRICT
By
President
By
Secretary
(SEAL)
LAGUNA BEACH COUNTY WATER
DISTRICT
By *pv,
President Paul P. Freeman
By
Secretary Renae M. Hinchey
APPROVED AS TO FORM:
(SEAL)
Counsel for LAGUNA
Paula E. Meyer
0
APPROVED AS TO FORM:
SOUTH CO T WATER DISTRICT
By I�
President
By 1�• A
Secretary
(SEAL)
Cildrisel or SOU COAST
APPROVED AS TO FORM:
Counsel for TIC
71811
F4]
THE IRVINE COMPANY
m
a
Chick W. Willette
Senior Vice President
Peter Changala
Vice President
(SEAL)
APPROVED AS TO FORM:
Counsel for SOUTH COAST
APPROVED AS TO FORM:
Counsel for TIC
]1911
10
SOUTH COAST WATER DISTRICT
By
President
By
Secretary
(SEAL)
THE IRVINE COMPANY
By . f�
Chick aWillette
Senior Vice President
By
Peter Changala
Vice President
(SEAL)
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AGREEMENT FOR SALE OF SAN JOAQUIN RESERVOIR
CAPACITY RIGHTS AND UNDIVIDED REAL PROPERTY
INTERESTS AND TERMINATION OF TRUST AGREEMENT
THIS AGREEMENT, hereinafter referred to as the "Agreement," is made and
entered into this day of , 2001, by and among
IRVINE RANCH WATER DISTRICT ( "IRWD" or "Buyer' herein), organized and
existing pursuant to the California Water District Law (Water Code §34000
et seq.);
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
( "METROPOLITAN" herein), organized and existing pursuant to the
Metropolitan Water District Act (Slats. 1969, Ch. 209, as amended);
CITY OF HUNTINGTON BEACH ( "HUNTINGTON BEACH" herein), a municipal
corporation of the State of California;
CITY OF NEWPORT BEACH ( "NEWPORT BEACH" herein), a municipal
corporation of the State of California;
MESA CONSOLIDATED WATER DISTRICT ( "MESA" herein), organized and
existing pursuant to the Costa Mesa Merger Law (Water Code §33200 et
seq.) and the County Water District Law (Water Code §30000 et seq.);
LAGUNA BEACH COUNTY WATER DISTRICT ( "LAGUNA" herein), organized
and existing pursuant to the County Water District Law (Water Code
§30000 et seq.);
SOUTH COAST WATER DISTRICT ( "SOUTH COAST' herein), organized and
existing pursuant to the County Water District Law (Water Code §30000 et
seq.) (successor to South Coast County Water District);
and
THE IRVINE COMPANY ( "TIC" herein), a Delaware corporation (successor in
interest to The Irvine Company, a Michigan corporation, successor in
interest to The Irvine Company, a West Virginia corporation);
EXHIBIT A
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RECITALS
0
A. The parties hereto are the parties to the San Joaquin Reservoir Trust
Agreement, effective July 1, 1980, as amended by the First Amendatory Agreement,
dated as of July 1, 1980, and the Second Amendatory Agreement, dated as of October
1, 1990 (the Second Amendatory Agreement has never become operative under
Section 14 thereof) (collectively, "Trust Agreement"), providing for the ownership,
manner of use, maintenance and operation, improvement and repairs of the San
Joaquin Reservoir, consisting of certain real property, an open water reservoir and
certain pipeline facilities and appurtenances located at or near the terminus of the East
Orange County Feeder No. 2 in Orange County, California. Said property and facilities
are collectively referred to as the Reservoir, and the real property is more particularly
described in Exhibit "A" and depicted on Exhibit "B," which exhibits are attached hereto
and incorporated herein by this reference.
B. Concurrently with the execution of the Trust Agreement, IRWD,
METROPOLITAN, HUNTINGTON BEACH, NEWPORT BEACH, MESA, LAGUNA,
SOUTH COAST and TIC (collectively, the "Owners ") granted to METROPOLITAN, as
Trustee, in trust, all of their respective rights, title and interest in and to the Reservoir,
including the real property upon which it is constructed, to be held and administered by
METROPOLITAN, as Trustee, for the benefit of the Owners. The Trust Agreement and
the trust therein created was irrevocable for a period of 60 years or until an earlier date
established by mutual written agreement of all of the parties thereto then holding
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ownership interest in the Reservoir.
C. The capacity allocation (in acre feet) and percentage ownership of each of
the Owners under the Trust Agreement is set forth in the following table:
Owner
Irvine Ranch Water District
Mesa Consolidated Water District
City of Huntington Beach
Metropolitan Water District
Laguna Beach County Water District
The Irvine Company
South Coast Water District
City of Newport Beach
Capacity Allocation
Percentage
Acre Feet
Ownership
1,411
46.26%
583
19.11
400
13.11
300
9.84
156
5.12
64
2.10
50
1.64
86
2.82
TOTAL 3,050
100.00%
The capacity allocation in acre feet shown in the foregoing table reflects the capacity of
the Reservoir prior to reconfiguration to repair a portion of the side slope.
Notwithstanding the reduction of capacity resulting from the reconfiguration, the
transaction effected by this Agreement will be based on the pre - reconfiguration
capacity.
D. METROPOLITAN, HUNTINGTON BEACH, NEWPORT BEACH, MESA,
LAGUNA, SOUTH COAST AND TIC (collectively, the "Sellers ") desire to sell to IRWD,
as Buyer, and IRWD desires to purchase, all of the Sellers' respective undivided
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ownership and capacity interests and all of their rights, title and interest in and to the
Reservoir, including the real property upon which it is constructed, upon the terms set
forth herein.
E. The Owners desire to terminate the Trust Agreement and the trust therein
created.
F. The Reservoir is connected to the water transmission facility known as
East Orange County Feeder No. 2 ( "EOCF #2 "), by means of portions of such
transmission facility (generally, the portions of "Reach 4" extending from the Irvine
Cross interconnection Structure and OC-44 to the Reservoir), which function as inlet
and outlet pipelines and appurtenances (the "Inlet/Outlet Facilities "), allowing the
Reservoir to be operated as part of METROPOLITAN's treated water distribution
system. EOCF #2 was constructed under a joint powers agreement entered into on
July 11, 1961, by and among METROPOLITAN, Municipal Water District of Orange
County ( "MWDOC "), the former Coastal Municipal Water District ( "COASTAL "), the City
of Anaheim and the City of Santa Ana.
G. METROPOLITAN, as an owner under such joint powers agreement, and
HUNTINGTON BEACH, NEWPORT BEACH, MESA and IRWD, as assignees of
capacity owned by MWDOC and /or COASTAL, own capacity in the Inlet/Outlet
Facilities. In particular, MWDOC assigned capacity in Reach 4 to IRWD (27 cfs;
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agreement dated September 11, 1961), MESA (9 cfs; agreement dated March 14,
1963), and HUNTINGTON BEACH (5 cfs; agreement dated July 24, 1962). COASTAL
assigned capacity in Reach 4 to IRWD (0.6 cfs; agreement dated July 1, 2000), MESA
(2.8 cfs; agreement dated July 1, 2000), and NEWPORT BEACH (6.6 cfs; agreement
dated July 1, 2000). Additional capacity in Reach 4 is owned by METROPOLITAN and
held for the benefit of MWDOC, as successor to COASTAL. Following IRWD's
proposed conversion of the Reservoir to a reclaimed water storage facility, the
Inlet/Outlet Facilities will have no further use as part of the treated water system, except
as described in the following recital, and METROPOLITAN, HUNTINGTON BEACH,
NEWPORT BEACH and MESA wish to convey their interests in the Inlet/Outlet
Facilities to IRWD as part of the conveyance of their interests in the Reservoir.
H. IRWD and METROPOLITAN intend to enter into a separate agreement to
provide for METROPOLITAN's continuing use of the Inlet/Outlet Facilities for the
purpose of for rejection of water from EOCF #2 for operational purposes, in a manner
mutually acceptable to IRWD and METROPOLITAN or an alternate method acceptable
to METROPOLITAN.
///
///
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OPERATIVE AGREEMENTS
SECTION 1. TERMINATION OF TRUST.
a. Trust Agreement.
The Trust Agreement is hereby terminated, effective upon the Closing
(defined below).
b. Trust.
The trust created by the Trust Agreement is hereby revoked and
terminated, effective upon the Closing. METROPOLITAN is hereby authorized and
directed to quitclaim and deliver to IRWD all of METROPOLITAN'S right, title and
interest in the Reservoir, including the real property upon which it is constructed, free of
the trust. The foregoing quitclaim shall be delivered in accordance with Section 2;
provided, the Purchase Price, as defined therein, shall not include any amount for the
undivided Reservoir and Reservoir capacity interests beneficially owned by IRWD.
C. Release of METROPOLITAN's From Responsibilities as Trustee.
All of the parties agree that METROPOLITAN shall have no further
obligations as Trustee upon the termination of the Trust Agreement and revocation and
termination of the trust. The parties agree that upon the Closing, METROPOLITAN
shall be released from any further duties as Trustee under the Trust Agreement or the
trust.
!3
•
SECTION 2. SALE OF OWNERSHIP AND CAPACITY INTERESTS.
a. Purchase Price.
The price to be paid by IRWD to the Sellers for their ownership and
capacity interests is $360.00 per acre foot, computed on the basis of the pre-
reconfiguration acre -foot capacities of the Reservoir as set forth in the table below.
Concurrent with execution of this Agreement, IRWD shall deposit with
METROPOLITAN the sum of $590,040.00 (the 'Purchase Price "). The Purchase Price
shall be deposited in the form of separate checks made payable to the respective
Sellers in the following amounts:
Owner
Capacity Allocation
Purchase Price
Acre Feet
Distribution
Mesa Consolidated Water District
583
$209,880.00
City of Huntington Beach
400
144,000.00
Metropolitan Water District
300
108,000.00
Laguna Beach County Water District
156
56,160.00
The Irvine Company
64
23.040.00
South Coast Water District
50
18,000.00
City of Newport Beach
86
30.960.00
TOTAL 1,639
$590,040.00
b. Closing.
Concurrent with the execution of this Agreement, METROPOLITAN, as
Trustee, and each Owner, as a settior and beneficiary of the revoked trust, shall
execute and deposit with METROPOLITAN the quitclaim deed in the form attached
7
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0
hereto as Exhibit "C," which exhibit is attached hereto and incorporated herein by this
reference. Quitclaim deeds executed by METROPOLITAN, TIC and NEWPORT
BEACH in the forms attached hereto as Exhibits "D," "E," and "F," respectively, which
exhibits are attached hereto and incorporated herein by this reference, shall also be
deposited with METROPOLITAN. Upon receipt of the Purchase Price in accordance
with paragraph (a) and the quitclaim deeds, METROPOLITAN shall deliver to each
Seller its respective Purchase Price distribution and shall record the quitclaim deeds
( "Closing "). In accordance with SECTION 4(b), METROPOLITAN shall simultaneously
distribute to the parties, in the proportions to which they are entitled, any unspent funds
held at the date of Closing pursuant to the Trust Agreement.
SECTION 3. INTERESTS CONVEYED.
a. Interests Conveyed to IRWD.
The following interests shall be conveyed to IRWD by means of the
above - referenced deeds attached as Exhibits "C," "D," "E," and 7":
i. Reservoir property described in Exhibit "A" and depicted on Exhibit
"B," including the dam, all buildings, structures, improvements and all appurtenances,
all of the Reservoir capacity and storage rights and rights to all native inflow from the
lands tributary to the Reservoir;
ii. right -of -way easement from Ford Road to EOCF #2, and from
EOCF #2 to Ridgeline Drive, as described in Exhibit "A" and depicted on Exhibit "B;"
iii, pipeline easements and improvements therein comprising the
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Inlet/Outlet Facilities, including the 54 -inch inlet and 60 -inch outlet and all appurtenant
structures, from the Reservoir to the northwesterly boundary of Parcel "E" conveyed to
IRWD by instrument recorded in the Official Records of Orange County at Book 6860,
Page 91, on December 26, 1963 and assigned to METROPOLITAN by instrument
recorded in the Official Records of Orange County at Book 7103, Page 219, on June
25, 1964 [Exhibit "U' l;
iv. Title Curative Conveyances.
1. Boundary Correction. It has been discovered that in the
course of certain prior conveyances and reconveyances of the Reservoir land that were
made to establish trust interests and correct title matters, a small rectangular parcel
was inadvertently deleted and was retained by TIC, forming a notch in the Reservoir
boundary as depicted in Exhibit "E." This parcel has been considered and used as
part of the Reservoir, As part of the consideration for the Purchase Price, TIC agrees
to execute and deliver a quitclaim deed in the form attached as Exhibit "E" conveying
this parcel to IRWD.
2. NEWPORT BEACH Interests. NEWPORT BEACH's
interests in the Reservoir were recorded in certain instruments in addition to the trust
conveyances. As part of the consideration for the Purchase Price, NEWPORT BEACH
agrees to execute and deliver a quitclaim deed in the form attached as Exhibit "F"
releasing these interests to IRWD.
V. Assignment of Portion of Easement Rights. METROPOLITAN shall
execute an assignment in the form attached hereto as Exhibit "G," which exhibit is
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attached hereto and incorporated herein by this reference, assigning to IRWD non-
exclusive rights to install and maintain pipelines within Parcels "C" and "D" of the
easement conveyed by instrument recorded in the Official Records of Orange County at
Book 6860, Page 91, on December 26, 1963 and assigned to METROPOLITAN by
instrument recorded in the Official Records of Orange County at Book 7103, Page 219,
on June 25, 1964.
b. Right -of -Entry by IRWD to METROPOLITAN.
In further consideration for the conveyances to IRWD herein, IRWD
agrees to provide METROPOLITAN with a right -of -entry over the access easement
from Ford Road to EOCF #2, described and depicted in Exhibit "C."
C. Cooperation by METROPOLITAN and IRWD.
The foregoing conveyances notwithstanding, it is acknowledged by IRWD
that METROPOLITAN desires to continue to use the Reservoir for rejection of water
from EOCF #2 for operational purposes, in a manner mutually acceptable to IRWD and
METROPOLITAN. IRWD agrees to either provide for METROPOLITAN's use of the
Reservoir and existing inlet or outlet facilities for such purpose or an alternate method
acceptable to METROPOLITAN. METROPOLITAN agrees not to unreasonably withhold
its approval of any such alternate method. IRWD shall bear the cost of constructing any
facilities needed to transmit and receive the rejected water, provided, IRWD shall not be
required to buy or return the rejected water.
d. Abandonment of OC -57.
The Inlet/Outlet Facilities include the service connection structure known
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as OC -57. OC -57 shall be abandoned by IRWD. METROPOLITAN shall be entitled to
salvage any portion of OC -57 upstream of the downstream end of the meter, and IRWD
shall be entitled to salvage any portion of OC -57 downstream of the downstream end of
the meter. METROPOLITAN and IRWD shall process a termination of the service
connection agreement between METROPOLITAN and IRWD pertaining to OC -57.
SECTION 4. CONDITIONS.
a. Assumption of Operation. Maintenance and Capital Expenses.
As of the Closing, IRWD shall assume all responsibility for operation,
maintenance, repair, replacement, modification and improvement of the Reservoir.
b. Distribution of Unspent Funds.
Upon Closing, METROPOLITAN shall return to the Owners their respective
shares of all funds deposited by the Owners or held by METROPOLITAN on such date
in any Trust Accounts pursuant to Section 6 of the Trust Agreement, less amounts owed
by METROPOLITAN for work performed prior to the Closing and METROPOLITAN's
accrued overhead computed pursuant to Section 6b(i) of the Trust Agreement.
C. Property "As -is:" Release of Sellers.
IRWD has investigated and approved the condition of title and the
condition of the property with respect to the interests that are to be conveyed to IRWD
as described in Section 3(a), as to suitability for its proposed uses, including compliance
with present and future laws and regulations, surface, soil, subsurface, geologic and all
other physical conditions, and will acquire such property "as -is" in its present state and
11
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]
condition. METROPOLITAN has investigated and approved the condition of title and the
condition of the property with respect to the interests that are to be conveyed to
METROPOLITAN, as to suitability for its proposed uses, including compliance with
present and future laws and regulations, surface, soil, subsurface, geologic and all other
physical conditions, and will acquire such property "as -is" in its present state and
condition.
To each Owner's actual knowledge, except with regard to storage and use
of chlorine, there has not occurred on the Reservoir property any release of hazardous
or toxic materials.
d. Costs.
Each party shall bear its own legal and other costs, in conjunction with the
transactions contemplated herein. IRWD and METROPOLITAN shall each pay its own
costs of any title insurance it elects to obtain.
e. Termination of Related Agreements.
i. Memorandum of Understanding: The Memorandum of
Understanding, dated September 19, 1990, entered into by all of the parties to this
Agreement with respect to certain capital improvement work to be accomplished at the
Reservoir, is hereby terminated, effective upon the Closing.
ii. Purchase and Sale Agreements: Any Purchase and Sale
Agreements entered into as of July 1, 1990, by METROPOLITAN and any Local Owners
(as that term is defined in said Memorandum of Understanding), in conjunction with the
transactions contemplated in the Memorandum of Understanding and the Second
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Amendatory Agreement to the Trust Agreement, are hereby terminated, effective upon
the Closing.
iii. Agency Agreement: The Agency Agreement - San Joaquin
Reservoir Slope Repair, dated December 26, 1995, entered into by IRWD, as agent,
with all of the other parties hereto (except TIC) with respect to the slope repairs to the
Reservoir, is hereby terminated, effective upon the Closing.
f.
Indemnitv.
Sellers and their respective employees, officers, directors, shareholders,
agents and representatives, and each of their respective successors and assignees
(collectively, the "Indemnitees ") shall not be liable for any loss, damage, injury or claim
of any kind or character to any person or property arising from or caused by the
improvement, maintenance, or use of the Reservoir or any portion thereof or interest
therein or any of the other interests conveyed to IRWD pursuant to Section 3(a) hereof,
including, without limitation, any loss, damage, injury or claim arising from and
proximately caused by any defect in the design, construction of, or material in the
improvements, any defect in soils or in the preparation of soils or in the design and
accomplishment of grading with respect to the improvements, any act or omission of
IRWD or any of its agents, employees, licensees, invitees or contractors, or any other
cause whatsoever in connection with IRWD's use of the Reservoir or any portion thereof
or interest therein or any of the other interests conveyed to IRWD pursuant to Section
3(a) hereof. IRWD hereby waives on its behalf all claims and demands against the
Indemnitees for any such loss, damage, or injury of IRWD, and agrees to indemnify,
13
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defend and hold harmless the Indemnitees from all loss, liability, damage, costs and
expenses (including attorneys' fees) arising from or related to any such loss, damage,
injury or claims, whether incurred or made by IRWD or any other person(s). Nothing
herein or in any other agreement with IRWD related to the Reservoir shall be deemed to
be a waiver by IRWD or require IRWD to indemnify or hold the Indemnitees harmless
with respect to any loss, damage, injury or claim ultimately established by a court of
competent jurisdiction to have been caused by the active negligence or willful
misconduct of an Indemnitee. Nothing herein or in any other agreement with IRWD
related to the Reservoir shall be deemed to be a waiver by IRWD or require IRWD to
indemnify or hold the Indemnitees harmless from any claims related to the improvement,
maintenance, or use of the interests or rights retained by METROPOLITAN, its
successors or assigns pursuant to Section 3(a)(v), 3(b) or 3(c).
SECTION 5. OPTION TO REPURCHASE.
a. Option to Repurchase in the Event of a Modification.
This Section 5 shall apply in the event IRWD (i) uses the Reservoir for a
use inconsistent with the storage of water or (ii) permanently ceases to use the
Reservoir or (iii) conveys the real property on which the Reservoir is constructed for
other than water - storage purposes (any of the foregoing is hereinafter referred to as a
"Modification "). Any IRWD use of the property incidental to or in addition to use of the
Reservoir for water storage shall not constitute a Modification. In the event IRWD
proposes a Modification, IRWD may ascertain whether any reversionary right will be
if
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asserted as a result of the Modification, and if so, whether IRWD desires to negotiate a
relinquishment of such reversionary right. If a relinquishment is negotiated or the
Modification will not result in the accrual or exercise of a reversionary right, IRWD shall
notify each Seller of the proposed Modification, and each Seller shall have an option to
repurchase its ownership and capacity interest sold to IRWD pursuant to Section 2(a)
above, in the manner set forth in this Section.
b. Repurchase Price and Terms
The repurchase price shall be equal to the sale price set forth in Section
2(a) for the repurchasing Seller's interests, increased by the change in the Engineering
News Record Construction Cost Index for the Los Angeles Area from the Closing to the
date of exercise of the repurchase option, plus the Seller's proportionate share of any
cost for the relinquishment of reversionary rights, as computed by IRWD. The
repurchase option shall be subject to all matters affecting title which are existing on the
date of exercise of the option and any matters affecting title which are thereafter created,
made, assumed or consented to by IRWD. Exercise of a repurchase option shall
constitute the repurchasing Seller's consent and agreement to the proposed
Modification, including any disposition of property proposed in the Modification, and the
repurchasing Seller agrees to promptly execute and deliver all documents as IRWD
reasonably requests from time to time to effectuate and operate the Modification.
Exercise of a repurchase option shall also constitute the repurchasing Seller's warranty
that it has the legal authority to participate in the Modification. To the extent the
Modification produces net revenue /net expense from disposition or use of the property,
15
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the net revenue /net expense shall be divided among IRWD and the repurchasing Sellers
on a monthly basis in proportion to their interests. For purposes of this Section, "net
revenue /net expense" shall include all proceeds, revenues, credits and consideration of
every kind and nature received directly or indirectly by IRWD from such disposition or
use, less costs incurred by IRWD (using normal IRWD accounting cost allocations,
consistently applied, for similar projects), in negotiating, planning, financing,
constructing, operating, and (if applicable) disposing of, the property.
C. Exercise of Option.
Any Seller electing to exercise the repurchase option shall exercise it by
giving written notice to IRWD, accompanied by payment of the repurchase price, within
ninety (90) days of the notice to the Sellers given by IRWD pursuant to Section 5(a).
IRWD and the repurchasing Sellers shall divide any escrow fees in proportion to their
post - closing percentage interests. The repurchasing Sellers shall pay for documentary
tax stamps, recordation of their respective deeds and for any title insurance they desire
to obtain.
d. Term.
This Section shall become effective upon the Closing and remain in effect
until the date that the Trust Agreement would have remained in effect had it not been
terminated by this Agreement; provided that this Section shall continue in effect as to
any repurchase option which has accrued prior to such date and which is exercised.
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SECTION 6. MISCELLANEOUS.
a. Interpretation.
All of the parties have negotiated the provisions of this Agreement with the
assistance of their respective counsel. Accordingly, the parties waive the effect of
California Civil Code Section 1654 or any other statute or common law principle of
similar effect which interprets uncertainties in a contract against the party who drafted
the contract.
b. No Waiver.
No failure of any party to exercise any power given that party under this
Agreement or to insist on strict compliance by the other party to its obligations, and no
custom or practice of the parties in variation with the terms of this Agreement will
constitute a waiver of any party's right to demand exact compliance with the terms of this
Agreement.
G. Successors and Assigns.
The provisions of this Agreement will be binding on and will inure to the
benefit of the parties and their respective heirs, successors, and assigns.
d. Counterparts.
This Agreement may be executed in one or more counterparts. Each will
be deemed an original and all, taken together, will constitute one and the same
instrument.
e. Notices.
Any notice, request, demand, consent, approval or other communication
17
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required or permitted pursuant to this Agreement or by law shall be validly given or
made only if in writing and delivered in person or seventy-two (72) hours after deposit in
the United States mail, duly certified or registered (return receipt requested), postage
prepaid, and delivered (in the case of personal delivery) or addressed (in the case of
mail delivery) to the party for whom intended, as follows:
If to IRWD: Irvine Ranch Water District
15600 Sand Canyon Avenue
P.O. Box 57000
Irvine, CA 92619 -7000
Attention: General Manager
If to METROPOLITAN: The Metropolitan Water District of Southern
California
700 North Alameda Street
P.O. Box 54153
Los Angeles, CA 90054 -0153
Attention: General Manager
If to HUNTINGTON BEACH: City of Huntington Beach
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
Attention: City Manager
If to NEWPORT BEACH: City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659 -1768
Attention: City Manager
If to MESA: Mesa Consolidated Water District
1965 Placentia Avenue
Costa Mesa, CA 92627
Attention: General Manager
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If to LAGUNA: Laguna Beach County Water District
306 Third Street
P.O. Box 987
Laguna Beach, CA 92652
Attention: General Manager
If to SOUTH COAST: South Coast Water District
31592 West Street
South Laguna, CA 92677
Attention: General Manager
If to TIC: The Irvine Company
550 Newport Center Drive
Newport Beach, CA 92663
Attention: Chick W. Willette
Any party may substitute a different address for its above - stated address by
giving written notice to the other parties in the manner herein provided.
f. Authority.
Each of the undersigned represents and warrants to the other parties
hereto that they have the authority to bind the party on behalf of whom they sign. Each
of the undersigned represents that it has all requisite authority to perform each of its
obligations hereunder.
g. Entire Agreement.
This Agreement constitutes the entire agreement between the parties
concerning the subject matter hereof. All prior agreements, representations,
negotiations and understandings of the parties are superseded and merged in this
Agreement. This Agreement shall be amended only in writing executed by all parties.
h. No Third Party Beneficiaries.
Nothing in this Agreement is intended or shall be construed to give any
11M
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E
person, other than the parties and their respective successors and assigns, any legal or
equitable right, remedy or claim under or in respect of this Agreement or any provision.
This Agreement and each condition and provision is intended to be for the sole and
exclusive benefit of the parties and their respective successors and assigns, and for the
benefit of no other person.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT
the day and year first written above.
APPROVED AS TO FORM:
Counsel for IRWD
20
IRVINE RANCH WATER DISTRICT
By
President
By
Secretary
(SEAL)
F
APPROVED AS TO FORM:
Counsel for METROPOLITAN
APPROVED AS TO FORM:
City Attorney
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THE METROPOLITAN WATER
DISTRICT OF SOUTHERN
CALIFORNIA
General Manager
(SEAL)
CITY OF HUNTINGTON BEACH
By
Mayor
By
City Clerk
(SEAL)
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APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
Counsel for MESA
22
CITY OF NEWPORT BEACH
By
Mayor
By
City Clerk
(SEAL)
MESA CONSOLIDATED WATER
DISTRICT
By
President
By
Secretary
(SEAL)
APPROVED AS TO FORM:
Counsel for LAGUNA
APPROVED AS TO FORM:
Counsel for SOUTH COAST
MCI
LAGUNA BEACH COUNTY WATER
DISTRICT
By
President
By
Secretary
(SEAL)
SOUTH COAST WATER DISTRICT
By
President
By
Secretary
(SEAL)
0
APPROVED AS TO FORM:
Counsel for TIC
0534
24
0
THE IRVINE COMPANY
L-m
IM
Chick W. Willette
Senior Vice President
Peter Changala
Vice President
(SEAL)
LIST OF EXHIBITS
Exhibit "A" Description of Reservoir and easements (trust property) Recital A
Exhibit "B" Depiction of Reservoir and easements (trust property) fRecital A
Exhibit "C" Form of Quitclaim Deed (Reservoir and Ingress /Egress Easements)
[Section 3(a)(i) and (ii)1
Exhibit "D" Form of Quitclaim Deed (Reservoir Inlet/Outlet and Easements)
[Section 3(a)(iii)1
Exhibit "E" Form of Quitclaim Deed (TIC Boundary Correction) Section
31a)001)
1
Exhibit "F" Form of Quitclaim Deed (City of Newport Beach) [Section 3(a)(iv)(2)1
Exhibit "G" Form of Assignment of Portion of Easement Rights (Domestic and
Reclaimed Water Parallel Pipelines) [Section 3(a)(v)1
25
• • C
AGREEMENT FOR SALE OF SAN JOAQUIN RESERVOIR
CAPACITY RIGHTS AND UNDIVIDED REAL PROPERTY
INTERESTS AND TERMINATION OF TRUST AGREEMENT
THIS AGREEMENT, hereinafter referred to as the "Agreement," is made and
entered into as of this 1st day of March, 2001, by and among
IRVINE RANCH WATER DISTRICT ( "IRWD" or "Buyer" herein), organized and
existing pursuant to the California Water District Law (Water Code §34000
et seq.);
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
( "METROPOLITAN" herein), organized and existing pursuant to the
Metropolitan Water District Act ( Stats. 1969, Ch. 209, as amended);
CITY OF HUNTINGTON BEACH ( "HUNTINGTON BEACH" herein), a municipal
corporation of the State of California;
CITY OF NEWPORT BEACH ( "NEWPORT BEACH" herein), a municipal
corporation of the State of California;
MESA CONSOLIDATED WATER DISTRICT ( "MESA" herein), organized and
existing pursuant to the Costa Mesa Merger Law (Water Code §33200 et
seq.) and the County Water District Law (Water Code §30000 et seq.);
LAGUNA BEACH COUNTY WATER DISTRICT ( "LAGUNA" herein), organized
and existing pursuant to the County Water District Law (Water Code
§30000 et seq.);
SOUTH COAST WATER DISTRICT ( "SOUTH COAST' herein), organized and
existing pursuant to the County Water District Law (Water Code §30000 et
seq.) (successor to South Coast County Water District);
and
THE IRVINE COMPANY ('TIC' herein), a Delaware corporation (successor in
interest to The Irvine Company, a Michigan corporation, successor in
interest to The Irvine Company, a West Virginia corporation);
RECITALS
A. The parties hereto are the parties to the San Joaquin Reservoir Trust
Agreement, effective July 1, 1980, as amended by the First Amendatory Agreement,
dated as of July 1, 1980, and the Second Amendatory Agreement, dated as of October
1, 1990 (the Second Amendatory Agreement has never become operative under
Section 14 thereof) (collectively, 'Trust Agreement'), providing for the ownership,
manner of use, maintenance and operation, improvement and repairs of the San
Joaquin Reservoir, consisting of certain real property, an open water reservoir and
certain pipeline facilities and appurtenances located at or near the terminus of the East
Orange County Feeder No. 2 in Orange County, California. Said property and facilities
are collectively referred to as the Reservoir, and the real property is more particularly
described in Exhibit "A" and depicted on Exhibit "B," which exhibits are attached hereto
and incorporated herein by this reference.
B. Concurrently with the execution of the Trust Agreement, IRWD,
METROPOLITAN, HUNTINGTON BEACH, NEWPORT BEACH, MESA, LAGUNA,
SOUTH COAST and TIC (collectively, the "Owners ") granted to METROPOLITAN, as
Trustee, in trust, all of their respective rights, title and interest in and to the Reservoir,
including the real property upon which it is constructed, to be held and administered by
METROPOLITAN, as Trustee, for the benefit of the Owners. The Trust Agreement and
the trust therein created was irrevocable for a period of 60 years or until an earlier date
established by mutual written agreement of all of the parties thereto then holding
ownership interest in the Reservoir.
40
C. The capacity allocation (in acre feet) and percentage ownership of each of
the Owners under the Trust Agreement is set forth in the following table:
Owner
Irvine Ranch Water District
Mesa Consolidated Water District
City of Huntington Beach
Metropolitan Water District
Laguna Beach County Water District
The Irvine Company
South Coast Water District
City of Newport Beach
Capacity Allocation
Percentage
Acre Feet
Ownership
1,411
46.26%
583
19.11
400
13.11
300
9.84
156
5.12
64
2.10
50
1.64
86
2.82
TOTAL 3,050
100.00%
The capacity allocation in acre feet shown in the foregoing table reflects the capacity of
the Reservoir prior to reconfiguration to repair a portion of the side slope.
Notwithstanding the reduction of capacity resulting from the reconfiguration, the
transaction effected by this Agreement will be based on the pre - reconfiguration
capacity.
D. METROPOLITAN, HUNTINGTON BEACH, NEWPORT BEACH, MESA,
LAGUNA, SOUTH COAST AND TIC (collectively, the "Sellers ") desire to sell to IRWD,
as Buyer, and IRWD desires to purchase, all of the Sellers' respective undivided
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ownership and capacity interests and all of their rights, title and interest in and to the
Reservoir, including the real property upon which it is constructed, upon the terms set
forth herein.
E. The Owners desire to terminate the Trust Agreement and the trust therein
created.
F. The Reservoir is connected to the water transmission facility known as
East Orange County Feeder No. 2 ( "EOCF #2 "), by means of portions of such
transmission facility (generally, the portions of "Reach 4" extending from the Irvine
Cross Interconnection Structure and OC-44 to the Reservoir), which function as inlet
and outlet pipelines and appurtenances (the "Inlet/Outlet Facilities "), allowing the
Reservoir to be operated as part of METROPOLITAN's treated water distribution
system. EOCF #2 was constructed under a joint powers agreement entered into on
July 11, 1961, by and among METROPOLITAN, Municipal Water District of Orange
County ( "MWDOC "), the former Coastal Municipal Water District ( "COASTAL "), the City
of Anaheim and the City of Santa Ana.
G. METROPOLITAN, as an owner under such joint powers agreement, and
HUNTINGTON BEACH, NEWPORT BEACH, MESA and IRWD, as assignees of
capacity owned by MWDOC and/or COASTAL, own capacity in the Inlet/Outlet
Facilities. In particular, MWDOC assigned capacity in Reach 4 to IRWD (27 cfs;
El
agreement dated September 11, 1961), MESA (9 cfs; agreement dated March 14,
1963), and HUNTINGTON BEACH (5 cfs; agreement dated July 24, 1962). COASTAL
assigned capacity in Reach 4 to IRWD (0.6 cfs; agreement dated July 1, 2000), MESA
(2.8 cfs; agreement dated July 1, 2000), and NEWPORT BEACH (6.6 cfs; agreement
dated July 1, 2000). Additional capacity in Reach 4 is owned by METROPOLITAN and
held for the benefit of MWDOC, as successor to COASTAL. Following IRWD's
proposed conversion of the Reservoir to a reclaimed water storage facility, the
Inlet/Outlet Facilities will have no further use as part of the treated water system, except
as described in the following recital, and METROPOLITAN, HUNTINGTON BEACH,
NEWPORT BEACH and MESA wish to convey their interests in the Inlet/Outlet
Facilities to IRWD as part of the conveyance of their interests in the Reservoir.
H. IRWD and METROPOLITAN intend to enter into a separate agreement to
provide for METROPOLITAN's continuing use of the Inlet/Outlet Facilities for the
purpose of for rejection of water from EOCF #2 for operational purposes, in a manner
mutually acceptable to IRWD and METROPOLITAN or an alternate method acceptable
to METROPOLITAN.
///
Ill
///
5
OPERATIVE AGREEMENTS
SECTION 1. TERMINATION OF TRUST.
a. Trust Agreement.
0
The Trust Agreement is hereby terminated, effective upon the Closing
(defined below).
b. Trust.
The trust created by the Trust Agreement is hereby revoked and
terminated, effective upon the Closing. METROPOLITAN is hereby authorized and
directed to quitclaim and deliver to IRWD all of METROPOLITAN'S right, title and
interest in the Reservoir, including the real property upon which it is constructed, free of
the trust. The foregoing quitclaim shall be delivered in accordance with Section 2;
provided, the Purchase Price, as defined therein, shall not include any amount for the
undivided Reservoir and Reservoir capacity interests beneficially owned by IRWD.
C. Release of METROPOLITAN's From Responsibilities as Trustee.
All of the parties agree that METROPOLITAN shall have no further
obligations as Trustee upon the termination of the Trust Agreement and revocation and
termination of the trust. The parties agree that upon the Closing, METROPOLITAN
shall be released from any further duties as Trustee under the Trust Agreement or the
trust.
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SECTION 2. SALE OF OWNERSHIP AND CAPACITY INTERESTS.
a. Purchase Price.
The price to be paid by IRWD to the Sellers for their ownership and
capacity interests is $360.00 per acre foot, computed on the basis of the pre-
reconfiguration acre -foot capacities of the Reservoir as set forth in the table below.
Concurrent with execution of this Agreement, IRWD shall deposit with
METROPOLITAN the sum of $590,040.00 (the "Purchase Price "). The Purchase Price
shall be deposited in the form of separate checks made payable to the respective
Sellers in the following amounts:
Owner
Capacity Allocation
Purchase Price
(Acre Feet)
Distribution
Mesa Consolidated Water District
583
$209,880.00
City of Huntington Beach
400
144,000.00
Metropolitan Water District
300
108,000.00
Laguna Beach County Water District
156
56,160.00
The Irvine Company
64
23,040.00
South Coast Water District
50
18,000.00
City of Newport Beach
86
30.960.00
TOTAL 1,639
$590,040.00
b. Closing.
Concurrent with the execution of this Agreement, METROPOLITAN, as
Trustee, and each Owner, as a settlor and beneficiary of the revoked trust, shall
execute and deposit with METROPOLITAN the quitclaim deed in the form attached
7
• •
hereto as Exhibit "C," which exhibit is attached hereto and incorporated herein by this
reference. Quitclaim deeds executed by METROPOLITAN, TIC and NEWPORT
BEACH in the forms attached hereto as Exhibits "D," "E," and "F," respectively, which
exhibits are attached hereto and incorporated herein by this reference, shall also be
deposited with METROPOLITAN. Upon receipt of the Purchase Price in accordance
with paragraph (a) and the quitclaim deeds, METROPOLITAN shall deliver to each
Seller its respective Purchase Price distribution and shall record the quitclaim deeds
( "Closing "). In accordance with SECTION 4(b), METROPOLITAN shall simultaneously
distribute to the parties, in the proportions to which they are entitled, any unspent funds
held at the date of Closing pursuant to the Trust Agreement.
SECTION 3. INTERESTS CONVEYED.
a. Interests Conveyed to IRWD.
The following interests shall be conveyed to IRWD by means of the
above - referenced deeds attached as Exhibits "C," "D," "E," and "F ":
i. Reservoir property described in Exhibit "A" and depicted on Exhibit
"B," including the dam, all buildings, structures, improvements and all appurtenances,
all of the Reservoir capacity and storage rights and rights to all native inflow from the
lands tributary to the Reservoir;
ii. right -of -way easement from Ford Road to EOCF #2, and from
EOCF #2 to Ridgeline Drive, as described in Exhibit "A" and depicted on Exhibit "B;"
iii. pipeline easements and improvements therein comprising the
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Inlet/Outlet Facilities, including the 54 -inch inlet and 60 -inch outlet and all appurtenant
structures, from the Reservoir to the northwesterly boundary of Parcel "E" conveyed to
IRWD by instrument recorded in the Official Records of Orange County at Book 6860,
Page 91, on December 26, 1963 and assigned to METROPOLITAN by instrument
recorded in the Official Records of Orange County at Book 7103, Page 219, on June
25, 1964 [Exhibit "D "];
iv. Title Curative Conveyances.
1. Boundary Correction. It has been discovered that in the
course of certain prior conveyances and reconveyances of the Reservoir land that were
made to establish trust interests and correct title matters, a small rectangular parcel
was inadvertently deleted and was retained by TIC, forming a notch in the Reservoir
boundary as depicted in Exhibit "E." This parcel has been considered and used as
part of the Reservoir. As part of the consideration for the Purchase Price, TIC agrees
to execute and deliver a quitclaim deed in the form attached as Exhibit "E" conveying
this parcel to IRWD.
2. NEWPORT BEACH Interests. NEWPORT BEACH's
interests in the Reservoir were recorded in certain instruments in addition to the trust
conveyances. As part of the consideration for the Purchase Price, NEWPORT BEACH
agrees to execute and deliver a quitclaim deed in the form attached as Exhibit "F"
releasing these interests to IRWD.
V. Assignment of Portion of Easement Rights. METROPOLITAN shall
execute an assignment in the form attached hereto as Exhibit "G," which exhibit is
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attached hereto and incorporated herein by this reference, assigning to IRWD non-
exclusive rights to install and maintain pipelines within Parcels "C" and "D" of the
easement conveyed by instrument recorded in the Official Records of Orange County at
Book 6860, Page 91, on December 26, 1963 and assigned to METROPOLITAN by
instrument recorded in the Official Records of Orange County at Book 7103, Page 219,
on June 25, 1964.
b. Right -of -Entry by IRWD to METROPOLITAN.
In further consideration for the conveyances to IRWD herein, IRWD
agrees to provide METROPOLITAN with a right -of -entry over the access easement
from Ford Road to EOCF #2, described and depicted in Exhibit "C."
C. Cooperation by METROPOLITAN and IRWD.
The foregoing conveyances notwithstanding, it is acknowledged by IRWD
that METROPOLITAN desires to continue to use the Reservoir for rejection of water
from EOCF #2 for operational purposes, in a manner mutually acceptable to IRWD and
METROPOLITAN. IRWD agrees to either provide for METROPOLITAN's use of the
Reservoir and existing inlet or outlet facilities for such purpose or an alternate method
acceptable to METROPOLITAN. METROPOLITAN agrees not to unreasonably withhold
its approval of any such alternate method. IRWD shall bear the cost of constructing any
facilities needed to transmit and receive the rejected water, provided, IRWD shall not be
required to buy or return the rejected water.
d. Abandonment of OC -57.
The Inlet/Outlet Facilities include the service connection structure known
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as OC -57. OC -57 shall be abandoned by IRWD. METROPOLITAN shall be entitled to
salvage any portion of OC -57 upstream of the downstream end of the meter, and IRWD
shall be entitled to salvage any portion of OC -57 downstream of the downstream end of
the meter. METROPOLITAN and IRWD shall process a termination of the service
connection agreement between METROPOLITAN and IRWD pertaining to OC -57.
SECTION 4. CONDITIONS.
a. Assumption of Operation, Maintenance and Capital Expenses.
As of the Closing, IRWD shall assume all responsibility for operation,
maintenance, repair, replacement, modification and improvement of the Reservoir.
b. Distribution of Unspent Funds.
Upon Closing, METROPOLITAN shall return to the Owners their respective
shares of all funds deposited by the Owners or held by METROPOLITAN on such date
in any Trust Accounts pursuant to Section 6 of the Trust Agreement, less amounts owed
by METROPOLITAN for work performed prior to the Closing and METROPOLITAN's
accrued overhead computed pursuant to Section 6b(i) of the Trust Agreement.
C. Property "As -Is;" Release of Sellers.
IRWD has investigated and approved the condition of title and the
condition of the property with respect to the interests that are to be conveyed to IRWD
as described in Section 3(a), as to suitability for its proposed uses, including compliance
with present and future laws and regulations, surface, soil, subsurface, geologic and all
other physical conditions, and will acquire such property "as -is" in its present state and
11
C�
•
condition. METROPOLITAN has investigated and approved the condition of title and the
condition of the property with respect to the interests that are to be conveyed to
METROPOLITAN, as to suitability for its proposed uses, including compliance with
present and future laws and regulations, surface, soil, subsurface, geologic and all other
physical conditions, and will acquire such property "as -is" in its present state and
condition.
To each Owner's actual knowledge, except with regard to storage and use
of chlorine, there has not occurred on the Reservoir property any release of hazardous
or toxic materials.
d. Costs.
Each party shall bear its own legal and other costs, in conjunction with the
transactions contemplated herein. IRWD and METROPOLITAN shall each pay its own
costs of any title insurance it elects to obtain.
e. Termination of Related Agreements.
Memorandum of Understanding: The Memorandum of
Understanding, dated September 19, 1990, entered into by all of the parties to this
Agreement with respect to certain capital improvement work to be accomplished at the
Reservoir, is hereby terminated, effective upon the Closing.
ii. Purchase and Sale Agreements: Any Purchase and Sale
Agreements entered into as of July 1, 1990, by METROPOLITAN and any Local Owners
(as that term is defined in said Memorandum of Understanding), in conjunction with the
transactions contemplated in the Memorandum of Understanding and the Second
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Amendatory Agreement to the Trust Agreement, are hereby terminated, effective upon
the Closing.
iii. Agency Agreement: The Agency Agreement - San Joaquin
Reservoir Slope Repair, dated December 26, 1995, entered into by IRWD, as agent,
with all of the other parties hereto (except TIC) with respect to the slope repairs to the
Reservoir, is hereby terminated, effective upon the Closing.
f. Indemnitv.
Sellers and their respective employees, officers, directors, shareholders,
agents and representatives, and each of their respective successors and assignees
(collectively, the "Indemnitees ") shall not be liable for any loss, damage, injury or claim
of any kind or character to any person or property arising from or caused by the
improvement, maintenance, or use of the Reservoir or any portion thereof or interest
therein or any of the other interests conveyed to IRWD pursuant to Section 3(a) hereof,
including, without limitation, any loss, damage, injury or claim arising from and
proximately caused by any defect in the design, construction of, or material in the
improvements, any defect in soils or in the preparation of soils or in the design and
accomplishment of grading with respect to the improvements, any act or omission of
IRWD or any of its agents, employees, licensees, invitees or contractors, or any other
cause whatsoever in connection with IRWD's use of the Reservoir or any portion thereof
or interest therein or any of the other interests conveyed to IRWD pursuant to Section
3(a) hereof. IRWD hereby waives on its behalf all claims and demands against the
Indemnitees for any such loss, damage, or injury of IRWD, and agrees to indemnify,
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defend and hold harmless the Indemnitees from all loss, liability, damage, costs and
expenses (including attorneys' fees) arising from or related to any such loss, damage,
injury or claims, whether incurred or made by IRWD or any other person(s). Nothing
herein or in any other agreement with IRWD related to the Reservoir shall be deemed to
be a waiver by IRWD or require IRWD to indemnify or hold the Indemnitees harmless
with respect to any loss, damage, injury or claim ultimately established by a court of
competent jurisdiction to have been caused by the active negligence or willful
misconduct of an Indemnitee. Nothing herein or in any other agreement with IRWD
related to the Reservoir shall be deemed to be a waiver by IRWD or require IRWD to
indemnify or hold the Indemnitees harmless from any claims related to the improvement,
maintenance, or use of the interests or rights retained by METROPOLITAN, its
successors or assigns pursuant to Section 3(a)(v), 3(b) or 3(c).
SECTION 5. OPTION TO REPURCHASE.
a. Option to Repurchase in the Event of a Modification.
This Section 5 shall apply in the event IRWD (i) uses the Reservoir for a
use inconsistent with the storage of water or (ii) permanently ceases to use the
Reservoir or (iii) conveys the real property on which the Reservoir is constructed for
other than water - storage purposes (any of the foregoing is hereinafter referred to as a
"Modification "). Any IRWD use of the property incidental to or in addition to use of the
Reservoir for water storage shall not constitute a Modification. In the event IRWD
proposes a Modification, IRWD may ascertain whether any reversionary right will be
14
asserted as a result of the Modification, and if so, whether IRWD desires to negotiate a
relinquishment of such reversionary right. If a relinquishment is negotiated or the
Modification will not result in the accrual or exercise of a reversionary right, IRWD shall
notify each Seller of the proposed Modification, and each Seller shall have an option to
repurchase its ownership and capacity interest sold to IRWD pursuant to Section 2(a)
above, in the manner set forth in this Section.
b. Repurchase Price and Terms
The repurchase price shall be equal to the sale price set forth in Section
2(a) for the repurchasing Seller's interests, increased by the change in the Engineering
News Record Construction Cost Index for the Los Angeles Area from the Closing to the
date of exercise of the repurchase option, plus the Seller's proportionate share of any
cost for the relinquishment of reversionary rights, as computed by IRWD. The
repurchase option shall be subject to all matters affecting title which are existing on the
date of exercise of the option and any matters affecting title which are thereafter created,
made, assumed or consented to by IRWD. Exercise of a repurchase option shall
constitute the repurchasing Seller's consent and agreement to the proposed
Modification, including any disposition of property proposed in the Modification, and the
repurchasing Seller agrees to promptly execute and deliver all documents as IRWD
reasonably requests from time to time to effectuate and operate the Modification.
Exercise of a repurchase option shall also constitute the repurchasing Seller's warranty
that it has the legal authority to participate in the Modification. To the extent the
Modification produces net revenue /net expense from disposition or use of the property,
15
0
L
the net revenue /net expense shall be divided among IRWD and the repurchasing Sellers
on a monthly basis in proportion to their interests. For purposes of this Section, "net
revenue /net expense" shall include all proceeds, revenues, credits and consideration of
every kind and nature received directly or indirectly by IRWD from such disposition or
use, less costs incurred by IRWD (using normal IRWD accounting cost allocations,
consistently applied, for similar projects), in negotiating, planning, financing,
constructing, operating, and (if applicable) disposing of, the property.
C. Exercise of Option.
Any Seller electing to exercise the repurchase option shall exercise it by
giving written notice to IRWD, accompanied by payment of the repurchase price, within
ninety (90) days of the notice to the Sellers given by IRWD pursuant to Section 5(a).
IRWD and the repurchasing Sellers shall divide any escrow fees in proportion to their
post - closing percentage interests. The repurchasing Sellers shall pay for documentary
tax stamps, recordation of their respective deeds and for any title insurance they desire
to obtain.
d. Term.
This Section shall become effective upon the Closing and remain in effect
until the date that the Trust Agreement would have remained in effect had it not been
terminated by this Agreement; provided that this Section shall continue in effect as to
any repurchase option which has accrued prior to such date and which is exercised.
16
• i
SECTION 6. MISCELLANEOUS.
a. Interpretation.
All of the parties have negotiated the provisions of this Agreement with the
assistance of their respective counsel. Accordingly, the parties waive the effect of
California Civil Code Section 1654 or any other statute or common law principle of
similar effect which interprets uncertainties in a contract against the party who drafted
the contract.
b. No Waiver.
No failure of any party to exercise any power given that party under this
Agreement or to insist on strict compliance by the other party to its obligations, and no
custom or practice of the parties in variation with the terms of this Agreement will
constitute a waiver of any party's right to demand exact compliance with the terms of this
Agreement.
C. Successors and Assigns.
The provisions of this Agreement will be binding on and will inure to the
benefit of the parties and their respective heirs, successors, and assigns.
d. Counterparts.
This Agreement may be executed in one or more counterparts. Each will
be deemed an original and all, taken together, will constitute one and the same
instrument.
e. Notices.
Any notice, request, demand, consent, approval or other communication
17
Pi
11
required or permitted pursuant to this Agreement or by law shall be validly given or
made only if in writing and delivered in person or seventy -two (72) hours after deposit in
the United States mail, duly certified or registered (return receipt requested), postage
prepaid, and delivered (in the case of personal delivery) or addressed (in the case of
mail delivery) to the party for whom intended, as follows:
If to IRWD: Irvine Ranch Water District
15600 Sand Canyon Avenue
P.O. Box 57000
Irvine, CA 92619 -7000
Attention: General Manager
If to METROPOLITAN: The Metropolitan Water District of Southern
California
700 North Alameda Street
P.O. Box 54153
Los Angeles, CA 90054 -0153
Attention: General Manager
If to HUNTINGTON BEACH: City of Huntington Beach
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
Attention: City Manager
If to NEWPORT BEACH: City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659 -1768
Attention: City Manager
If to MESA: Mesa Consolidated Water District
1965 Placentia Avenue
Costa Mesa, CA 92627
Attention: General Manager
In
0
If to LAGUNA: Laguna Beach County Water District
306 Third Street
P.O. Box 987
Laguna Beach, CA 92652
Attention: General Manager
If to SOUTH COAST: South Coast Water District
31592 West Street
South Laguna, CA 92677
Attention: General Manager
If to TIC: The Irvine Company
550 Newport Center Drive
Newport Beach, CA 92663
Attention: Chick W. Willette
Any party may substitute a different address for its above - stated address by
giving written notice to the other parties in the manner herein provided.
f. Authori .
Each of the undersigned represents and warrants to the other parties
hereto that they have the authority to bind the party on behalf of whom they sign. Each
of the undersigned represents that it has all requisite authority to perform each of its
obligations hereunder.
g. Entire Agreement.
This Agreement constitutes the entire agreement between the parties
concerning the subject matter hereof. All prior agreements, representations,
negotiations and understandings of the parties are superseded and merged in this
Agreement. This Agreement shall be amended only in writing executed by all parties.
h. No Third Party Beneficiaries.
Nothing in this Agreement is intended or shall be construed to give any
19
n
L
E
person, other than the parties and their respective successors and assigns, any legal or
equitable right, remedy or claim under or in respect of this Agreement or any provision.
This Agreement and each condition and provision is intended to be for the sole and
exclusive benefit of the parties and their respective successors and assigns, and for the
benefit of no other person.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT
the day and year first written above.
IRVINE RANCH WATER DISTRICT
M
APPROVED AS TO FORM:
oUWcLa1y
j ) % (SEAL)
for IRWD
20
APPROVED AS TO FORM:
THE METROPOLITAN WATER
DISTRICT OF SOUTHERN
CALIFORNIA
By
ne al Manager
(SEAL)
Counsel r POLI AN
APPROVED AS TO FORM:
City Attorney
21
CITY OF HUNTINGTON BEACH
By
Mayor
By
City Clerk
(SEAL)
0
APPROVED AS TO FORM:
Counsel for METROPOLITAN
APPROVED AS TO FORM:
0
THE METROPOLITAN WATER
DISTRICT OF SOUTHERN
CALIFORNIA
By
President
By
Secretary
(SEAL)
CITY OF HUNTINGTON BEACH
i
City Clerk -51-141fol
«,.y
(SEAL)
City Attorney
21
0
CITY OF NEWPORT BEACH
Bye—
Mayor
By
City Clerk
APP VEDAS TO FORM:
(SEAL)
City Attorney
APPROVED AS TO FORM:
Counsel for MESA
22
MESA CONSOLIDATED WATER
DISTRICT
By
President
By
Secretary
(SEAL)
APPROVED AS TO FORM:
City Attorney
0
CITY OF NEWPORT BEACH
By
Mayor
By
City Clerk
(SEAL)
MESA CONSOLIDATED WATER
DISTRICT
ByCiu,�.l,
Presi ent
APPROVED AS TO FORM: &vugig, p? tESav ctjUcr ke ;A..wBNK>
(SEAL)
Counsel for MESA
22
LAGUNA BEACH COUNTY WATER
DISTRICT
By pg*�
President Paul P. Freeman
By .
Secretary Renae M. Hinchey
APPROVED AS TO FORM:
�oLr w6 LL 5 ^2�5 #�• 1 mac.
(SEAL)
ha
Counsel for LAGUNA
Paula E. Meyer
APPROVED AS TO FORM:
Counsel for SOUTH COAST
23
SOUTH COAST WATER DISTRICT
By
President
By
Secretary
(SEAL)
APPROVED AS TO FORM:
Counsel for LAGUNA
APPROVED AS TO FORM:
0
LAGUNA BEACH COUNTY WATER
DISTRICT
By
President
By
Secretary
(SEAL)
SOUTH C AST WATER DISTRICT
President
By Mk� �
Secretary
J (SEAL)
Counsefior S H Cf OAST
23
0
APPROVED AS TO FORM:
Counsel for TIC
64534
24
0
THE IRVINE COMPANY
By i
Chick W. Willette
Senior Vice Pre ' nt
By RQ
Peter Changala
Vice President
(SEAL)
LIST OF EXHIBITS
0
Exhibit "A" Description of Reservoir and easements (trust property) fRecital A
Exhibit "B" Depiction of Reservoir and easements (trust property) fRecital A
Exhibit "C" Form of Quitclaim Deed (Reservoir and Ingress /Egress Easements)
(Section 3(a)(i) and (ii)]
Exhibit "D" Form of Quitclaim Deed (Reservoir Inlet/Outlet and Easements)
[Section 3(a)(iii)]
Exhibit "E" Form of Quitclaim Deed (TIC Boundary Correction) Section
3a iv 1
Exhibit "F" Form of Quitclaim Deed (City of Newport Beach) [Section 3(a)(iv)(2)1
Exhibit "G" Form of Assignment of Portion of Easement Rights (Domestic and
Reclaimed Water Parallel Pipelines) [Section 3(a)(v)1
25
0
EXHIBIT A
0
1004 -23 -30
1004 -23 -31
1004 -24 -7
1004 -25 -1
San Joaquin Reservoir
Quitclaim Deed
MWD & MWD, as Trustee
To
Irvine Ranch Water District
All rights, title, and interest in and to those certain parcels of land in the
County of Orange, State of California conveyed to The Metropolitan Water District of
Southern California as Parcel 1, Parcel 2, and Parcel 3 by Grant Deed recorded July 03,
1980 as Instrument No. 4927 in Book 13656, page 12, and conveyed as Parcel 1, Parcel 2,
Parcel 3, and Parcel 4 by Grant Deed recorded August 28, 1985 as Instrument No. 85-
323204, and conveyed to The Metropolitan Water District of Southern California, a
public corporation recorded August 28, 1985 as Instrument No. 85- 323188 and conveyed
to The Metropolitan Water District of Southern California, a public corporation, in trust
as Parcel 1, Parcel 2, and Parcel 3 by Grant Deeds recorded July 03, 1980 as:
Instrument No. 4928 in Book 13656, page 25
Instrument No. 4929 in Book 13656, page 30
Instrument No. 4930 in Book 13656, page 35
Instrument No. 4931 in Book 13656, page 40
Instrument No. 4932 in Book 13656, page 45
Instrument No. 4933 in Book 13656, page 50
Instrument No. 4934 in Book 13656, page 55
Instrument No. 4935 in Book 13656, page 60
and conveyed as Parcel 1, Parcel 2, Parcel 3, and Parcel 4 by Grant Deeds recorded
August 28, 1985 as:
Instrument No. 85- 323205
Instrument No. 85- 323206
Instrument No. 85- 323207
Instrument No. 85- 323208
Instrument No. 85- 323209
Instrument No. 85- 323210
EXHIBIT A
Page 1 of 2
E
1004 -23 -30
1004 -23 -31
1004 -24 -7
1004 -25 -1
San Joaquin Reservoir
Quitclaim Deed
MWD & MWD, as Trustee
To
Irvine Ranch Water District
Instrument No. 85- 323211
Instrument No. 85- 323212
and as conveyed by document recorded November 29, 2000 as Instrument No.
20000648268 all of Official Records in the Office of the County Recorder of said County.
All as shown on EXHIBIT B attached hereto and made a part hereof.
END OF DESCRIPTION
PREPARED UNDER MY SUPERVISION
Peter G lseman P.L.S. 6241
Date
S Awmdshar\petgan\sjcgcA1.dm
Page 2 of 2
December 12, 2000
EXHIBIT B
PAGE 2 OF 5
EXHIBIT IS TO BE ATTACHED TO LEGAL DESCRIPTION
SAN JOAQUIN
NEEF9 74- w-A:l "o l "M I•
MY SUPERVISION
fpjWG. Wiseman P.L.S. 6241
z
DATE
A PORTION OF BLOCK 97 & 98
IRVINE'S SUBDIVISION
M.R. 1/88, COUNTY OF ORANGE
STATE OF CALIFORNIA
INST. M
PARCEL 1 OF THE FOLLOWING:
INST NO. 49270.R. 13656/12, REC. 07-03.1980
INST. NO. 4928 O.R. 13656125, REC. 07-03 -1980
INST NO. 4929 O.R. 13656130, REC. 07 -03 -1980
INST. NO. 4930 O.R. 13656135, REC. 07-03 -1980
INST. NO. 4931 O.R. 13656140, REC. 07-03 -1980
INST. NO. 4932 O.R. 13656145, REC. 07 -03 -1980
INST. NO. 4933 O.R. 13656150, REC. 07 -03 -1980
INST. NO. 4934 O.R. 13656155, REC. 07-03 -1980
INST. NO. 4935 O.R. 13656160, REC. 07 -03 -1980
INST. NO. 85- 323204 O.R., REC. 08 -28 -1985 /
INST NO. 85- 323205 O.R., REC. 08 -28 -1985
INST. NO. 85- 323206 O.R., REC. 08 -28 -1985
INST NO. 85-323207 O.R., REC. 08 -28 -1985
INST. NO. 85- 323208 O.R., REC. 08 -28 -1985
INST NO. 85323209 O.R., AEC. 08 -28 -1985 /
INST. NO. 85- 323210 O.R., REC. 08 -28 -1985 /
INST. NO. 85. 323211 O.R., REC. 08 -28 -1985 /
INST. NO. 85- 323212 O.R., REC. 08 -28 -1985 /
LEGEND
QUITCLAIM
®
1004 -25 -1
i
NO SCALE
I THE METROPOLITAN WATER DISTRICT I
OF SOUTHERN CALIFORNIA
SAN JOAQUIN RESERVOIR
QUITCLAIM DEED
M.W.D. & M.W.D., TRUSTEE
TO
IRVINE RANCH WATER DISTRICT
1004 -25-1
lsvmv ljoaquin/rowlexhibljoaquinl.dgn 12112100 BG
EXHIBIT B
PAGE 3 OF 5
A PORTION OF BLOCK 91 & 98, IRVINE'S SUBDIVISION
M.R. 1/88, COUNTY OF ORANGE, STATE OF CALIFORNIA
THIS EXHIBIT IS TO BE ATTACHED TO LEGAL DESCRIPTION
SEE PAGE 4
NO SCALE
- 4 /
Iv /
N /
5
J
\ \ C7
\\ C /
y0
2 9ry /�\0
/ 0 \
PREPARED UNDER
MY SUPERVISION
No.
DATE
ly
0 N
INST. NO. 85- 323188 O.R., REC. 08 -28 -1985
PARCEL 3 OF THE FOLLOWING:
INST. NO. 4927 O.R. 13656112, REC. 07-03 -1980
INST. NO. 4928 O.R. 13656125, REC. 07-03 -1980
INST. NO. 4929 O.R. 13656130, REC. 07-03 -1980
INST NO. 4930 O.R. 13656135, REC. 07-03 -1980
INST NO. 4931 O.R. 13656140, REC. 07-03 -1980
INST. NO. 4932 O.R. 13656145, REC. 07-03 -1980
INST. NO. 4933 O.R. 13656150, REC. 07 -03 -1980
INST. NO. 4934 O.R. 13656155, REC. 07-03 -1980
INST NO. 4935 O.R. 13656160, REC. 07-03 -1980
INST. NO. 85- 323204 O.R., REC. 08 -28 -1985
INST NO. 85- 3232050.R., REC. 08 -28 -1985
INST NO. 85,323206 O.R., REC. 08- 28.1985
INST. NO. 85- 323207 O.R., REC. 08 -28 -1985
INST. NO. 85- 323208 O.R., REC. 08 -28 -1985
INST. NO. 85,323209 O.R., REC. 08 -28 -1985
INST NO. 85- 323210 O.R., REC. 08 -28 -1985
INST. NO. 85- 323211 O.R., REC. 08 -28 -1985
INST. NO. 85- 323212 O.R., REC. 08 -28 -1985
INST. NO. 20000648268 O.R.
REC. 11 -29-00
SAN JOAQUIN RESERVOIR
100425 -1
LEGEND
.. QUITCLAIM
rz, - 1004 -23 -30 (PORTION)
1004.25 -100
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
9 SAN JOAQUIN RESERVOIR
'>} QUITCLAIM DEED
z
M.W.D. & M.W.D., TRUSTEE
TO
IRVINE RANCH WATER DISTRICT
100423 -30 & 100425 -100
lsvmv leocfd2lrowlexhiblquitclaim1.dgn 12112100 BG
EXHIBIT B
A PORTION OF BLOCK 91 & 98, IRVINE'S SUBDIVISION
M.R. 1/88, COUNTY OF ORANGE, STATE OF CALIFORNIA
THIS EXHIBIT IS TO BE ATTACHED TO LEGAL DESCRIPTION
QO �
50
NO SCALE
LEGEND
� -«-00 1004-23-30 QUITCLAIM & 31
PREPARED UNDER
MY SUPERVISION
Pet . Wiseman P.L.S. 6241
/Z
DATE
PAGE 4OF5
INST. NO. 85323188 O.R., REC. 08 -28 -1985
PARCEL 3 & 4 OF THE FOLLOWING:
INST NO. 85- 323204 O.R., REC. 08.28 -1985
INST NO. 85-323205 O.R., REC. 08.28 -1985
INST. NO. 85323206 O.R., REC. 08 -28 -1985
INST. NO. 853232070.R., REC. 08.28 -1985
INST NO. 85-323208 O.R., REC. 08 -28 -1985
INST. NO. 85 -323209 O.R., REC. 08 -28 -1985
INST NO. 85. 323210 O.R., REC. 08 -28 -1985
INST NO. 85323211 O.R., REC. 08.28.1985
INST. NO. 85323212 O.R., REC. 08- 28.1985
PARCEL 3 OF THE FOLLOWING:
INST. NO. 4927 O.R. 13656112, REC. 07-03 -1960
INST. NO. 4928 O.R. 13656125, REC. 07-03 -1980
INST. NO. 4929 O.R. 13656130, REC. 07-03 -1980
INST NO. 4930 O.R. 13656135, REC, 07-03 -1980
INST. NO. 4931 O.R. 13656140, REC. 07 -03 -1980
INST. NO. 4932 O.R. 13656145, REC. 07-03 -1980
INST. NO. 49330.R. 13656150, AEC. 07 -03 -1980
INST. NO. 4934 O.R. 13656155, REC. 07-03 -1980
INST. NO. 4935 O.R. 13656160, REC. 07 -03 -1980
40
O
il.
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
SAN JOAQUIN RESERVOIR
QUITCLAIM DEED
M.W.D. & M.W.D., TRUSTEE
TO
IRVINE RANCH WATER DISTRICT
1004 -23.30 & 31
Isvmv /eoctd2lrowlexhiblquitclaiml.dgn 12112100 BG
EXHIBIT B
TRACT NO. 9858, M.M. 43611 -7, CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA
THIS EXHIBIT IS TO BE ATTACHED TO LEGAL DESCRIPTION
i
/ v0
PREPARED UNDER
MY SUPERVISION
WN
DATE
PAGE 5 OF 5
�QO7 \ \
o
CR` Cf0 •`
C` 1
o ;
LOT 6
rP
I
INST. NO. 85323188 O.R., REC. 08 -28 -1985
PARCEL 2 OF THE FOLLOWING:
INST. NO. 4927 O.R. 13656112, REC. 07.03 -1980
INST. NO. 4928 O.R. 13656125, REC. 07-03 -1980
INST. NO. 4929 O.R. 13656130, REC. 07-03 -1980
INST. NO. 4930 O.R. 13656135, REC. 07-03 -1980
INST. NO. 4931 O.R. 13656140, REC. 07-03 -1980
INST. NO. 4932 O.R. 13656145, REC. 07-03 -1980
INST. NO. 4933 O.R. 13656150, REC. 07-03 -1980
INST. NO. 4934 O.R. 13656155, REC. 07-03 -1980
INST NO. 4935 O.R. 13656160, AEC. 07 -03 -1980
INST. NO. 85323204 O.R., REC. 08-28 -1985
INST. NO. 853232050.R., REC. 08-28 -1985
INST. NO. 85-323206 O.R., REC. 08.28 -1985
INST. NO. 85323207 O.R., REC. 06 -28 -1965
INST. NO. 85323208 O.R., REC. 08 -28 -1985
INST. NO. 85323209 O.R., REC. 08.28 -1985
INST. NO. 85-323210 O.R., REC. 08-28 -1985
INST. NO. 85323211 O.R., REC. 08 -28 -1985
INST. NO. 85323212 O.R., REC. 08.28 -1985
LEGEND
KT%%ff�� QUITCLAIM &
2 1004-24 -7
lsvmvlloaquinlrow lexhibljoaquin5.dgn 12112100 BG
0 0
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
IRVINE RANCH WATER DISTRICT
15600 Sand Canyon Avenue
P.O. Box 57000
Irvine, California 92619 -7000
Attention: Leslie A. Borkowski, Secretary
MAIL TAX STATEMENTS TO ADDRESS ABOVE
(Space Above For Recorder's Use)
DOCUMENTARY TRANSFER TAX $ None - Tax Exempt
_ Computed on full value of property conveyed:
Computed on full value less the value of liens or
encumbrances thereon remaining at time of sale
FREE RECORDING REQUESTED — Essential to acquisition by Irvine Ranch Water
District (Government Code §6103)
QUITCLAIM DEED
(Reservoir and Ingress /Egress Easements)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation organized and
existing pursuant to the Metropolitan Water District Act (Stats. 1969, Ch. 209, as amended)( "Owner'),
hereby remises, releases and forever quitclaims to IRVINE RANCH WATER DISTRICT, a California water
district organized under Division 13 of the California Water Code ( "Grantee "), all right title and interest in
That certain real property described in Exhibit "A" and depicted on Exhibit "B ", which
exhibits are attached hereto and incorporated herein by this reference.
together with all improvements thereon , capacity therein and rights to all native inflow to the Reservoir
from the lands tributary to the Reservoir (collectively, the "San Joaquin Reservoir Property ").
The San Joaquin Reservoir Property granted hereby is conveyed free of the trust
established by that certain San Joaquin Reservoir Trust Agreement, effective July 1, 1980, as amended
by the First Amendatory Agreement, dated as of July 1, 1980, and the Second Amendatory Agreement,
dated as of October 1, 1990 ( "Trust Agreement"), which trust has been revoked by the consent of all
parties to said agreement. In accordance with and subject to the terms and conditions of the
AGREEMENT FOR SALE OF SAN JOAQUIN RESERVOIR CAPACITY RIGHTS AND UNDIVIDED REAL
PROPERTY INTERESTS AND TERMINATION OF TRUST AGREEMENT, dated as of
including, but not limited to, the repurchase option set forth therein, Owner, as trustee under the
terminated Trust Agreement, makes this conveyance by express direction of the settlors and beneficiaries
of said revoked trust, for the purpose of distributing trust property.
DATED:
Owner
THE METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA
By
General Manager
EXHIBIT C San Joaquin Reservoir
The following parties, being the beneficial owners, in their respective percentage undivided
shares, of the San Joaquin Reservoir Property, hereby acknowledge and confirm the above quitclaim by
the Owner, and upon recordation hereof release the Owner from any further obligation under the Trust
Agreement or the trust thereby created:
IRVINE RANCH WATER DISTRICT
By
President
By
Secretary
THE METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA
By
General Manager
CITY OF HUNTINGTON BEACH
By
Mayor
By
City Clerk
CITY OF NEWPORT BEACH
By
Mayor
By
City Clerk
2 San Joaquin Reservoir
i
MESA CONSOLIDATED WATER DISTRICT
By
President
By
Secretary
LAGUNA BEACH COUNTY WATER
DISTRICT
By
President
By
Secretary
SOUTH COAST WATER DISTRICT
By
President
By
Secretary
THE IRVINE COMPANY
By
President
By
Secretary
3 San Joaquin Reservoir
EXHIBIT A
1004 -23 -30
1004 -23 -31
1004 -24 -7
1004 -25 -1
San Joaquin Reservoir
Quitclaim Deed
MWD & MWD, as Trustee
To
Irvine Ranch Water District
All rights, title, and interest in and to those certain parcels of land in the
County of Orange, State of California conveyed to The Metropolitan Water District of
Southern California as Parcel 1, Parcel 2, and Parcel 3 by Grant Deed recorded July 03,
1980 as Instrument No. 4927 in Book 13656, page 12, and conveyed as Parcel 1, Parcel 2,
Parcel 3, and Parcel 4 by Grant Deed recorded August 28, 1985 as Instrument No. 85-
323204, and conveyed to The Metropolitan Water District of Southern California, a
public corporation recorded August 28, 1985 as Instrument No. 85- 323188 and conveyed
to The Metropolitan Water District of Southern California, a public corporation, in trust
as Parcel 1, Parcel 2, and Parcel 3 by Grant Deeds recorded July 03, 1980 as:
Instrument No. 4928 in Book 13656, page 25
Instrument No. 4929 in Book 13656, page 30
Instrument No. 4930 in Book 13656, page 35
Instrument No. 4931 in Book 13656, page 40
Instrument No. 4932 in Book 13656, page 45
Instrument No. 4933 in Book 13656, page 50
Instrument No. 4934 in Book 13656, page 55
Instrument No. 4935 in Book 13656, page 60
and conveyed as Parcel 1, Parcel 2, Parcel 3, and Parcel 4 by Grant Deeds recorded
August 28, 1985 as:
Instrument No. 85- 323205
Instrument No. 85- 323206
Instrument No. 85- 323207
Instrument No. 85- 323208
Instrument No. 85- 323209
Instrument No. 85- 323210
Page 1 of 2
0
EXHIBIT A
1004 -23 -30
1004 -23 -31
1004 -24 -7
1004 -25 -1
San Joaquin Reservoir
Quitclaim Deed
MWD & MWD, as Trustee
To
Irvine Ranch Water District
Instrument No. 85- 323211
Instrument No. 85- 323212
0
and as conveyed by document recorded November 29, 2000 as Instrument No.
20000648268 all of Official Records in the Office of the County Recorder of said County.
All as shown on EXHIBIT B attached hereto and made a part hereof.
END OF DESCRIPTION
PREPARED UNDER MY SUPERVISION
r
Peter G lseman P.L.S. 6241
Date
S iwordshar\petg;m\sjcgcA Ldoc
Page 2 of 2
December 12, 2000
l svrrwljoaquinlrowlexhibljoaquinl .dgn 12112100 BG
EXHIBIT B PAGE 2 OF 5
THIS EXHIBIT IS TO BE ATTACHED TO LEGAL
A PORTION OF BLOCK 97 & 98
IRVINE'S SUBDIVISION
M.R. 1/88, COUNTY OF ORANGE
STATE OF CALIFORNIA
SAN JOAQUIN
RESERVOIR
INST. NO. 85- 323188 O.R., REC. OH -28 -7985
PREPARED UNDER
MY SUPERVISION
DATE
PARCEL 1 OF THE FOLLOWING:
INST. NO, 4927 O.R. 13656/12, REC. 07-03.1980
INST. NO. 4928 O.R. 13656125, REC. 07-03 -1980
INST. NO. 4929 O.R. 13656130, REC. 07 -03 -1980
INST. NO. 4930 O.R. 13656135, REC. 07-03 -1980
INST NO. 4931 O.R. 13656140, REC. 07-03 -1980
INST NO. 4932 O.R. 13656145, REC. 07-03 -1980
INST NO. 4933 O.R. 13656150, REC. 07-03 -1980
INST. NO. 4934 O.R. 13656155, REC. 07 -03 -1980
INST. NO. 4935 O.R. 13656160, REC. 07 -03 -1980
INST. NO. 85 -023204 O.R., REC. 08 -28 -1985 /
INST. NO. 85- 323205 O.R., REC. 08 -28 -1985
INST. NO. 85- 323206 O.R., REC. 08 -28 -1985
INST. NO, 85-323207 O.R., REC. 08 -28 -7985
INST. NO. 85323206 O.R., REC. 08 -28 -1985
INST NO. 85323209 O.R., REC. 08 -28 -1985 /
INST. NO. 85323210 O.R., REC. 08 -28 -1985 /
INST. NO. 85323211 O.R., REC. 06- 284985 /
INST NO. 85- 323212 O.R., REC. 08 -28 -1985 /
LEGEND
QUITCLAIM
®
1004 -25 -1
i
NO SCALE
I THE METROPOLITAN WATER DISTRICT I
OF SOUTHERN CALIFORNIA
SAN JOAQUIN RESERVOIR
QUITCLAIM DEED
M.W.D. & M.W.D., TRUSTEE
TO
IRVINE RANCH WATER DISTRICT
1004 -25.1
Isvmvljoaquin lrowlexhibl%oaquinl.dgn 12/12/00 BG
EXHIBIT B
PAGE 3 OF 5
A PORTION OF BLOCK 91 & 98, IRVINE'S SUBDIVISION
M.R. 1/88, COUNTY OF ORANGE, STATE OF CALIFORNIA
THIS EXHIBIT IS TO BE ATTACHED TO LEGAL DESCRIPTION
r!N
SEE PAGE 4
NO SCALE
\ J
\\ c /
9v />\�
0l/ cb \
/ 0 \
PREPARED UNDER
MY SUPERVISION
DATE
/ 5
mm
INST. NO. 85-323188 O.R., REC. 08 -28 -1985
PARCEL 3 OF THE FOLLOWING:
INST NO. 4927 O.R. 13656112, REC. 07-03 -1980
INST. NO. 4928 O.R. 13656125, REC. 07-03 -1980
INST NO. 4929 O.R. 13656130, REC. 07-03 -1980
INST. NO. 4930 O.R. 13656135, REC. 07-03 -1980
INST. NO. 4931 O.R. 13656140, REC. 07-03 -1980
INST. NO. 4932 O.R. 13656145, REC. 07-03 -1980
INST. NO. 4933 O.R. 13656150, REC. 07 -03 -1980
INST NO. 4934 O.R. 13656155, REC. 07-03 -1980
INST. NO. 4935 O.R. 13656160, REC. 07-03 -1980
INST NO. 85 -323204 O.R., REC. 08 -28 -1985
INST NO. 85 -023205 O.R., REC. 08 -28 -1985
INST. NO. 85- 323206 O.R., REC. 08 -28 -1985
INST. NO. 85- 323207 O.R., REC. 08 -28 -1985
INST. NO. 85-323208 O.R., REC. 08 -28 -1985
INST. NO. 85- 323209 O.R., REC. 08 -28 -1985
INST NO. 85-323210 O.R., REC. 08-28 -1985
INST. NO. 85 -323211 O.R., REC. 08 -28 -1985
INST. NO. 85 -323212 O.R., REC. 08 -28 -1985
-,,\ INST NO. 20000648268 O.R.
\ \ REC. 11 -29-00
SAN JOAQUIN RESERVOIR
100425.1
. QUITCLAIM
FIZl 100423 -30 (PORTION)
1004 -25 -100
fl`L7
Exp.�
No.
LEGEND
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
� SAN JOAQUIN RESERVOIR
� QUITCLAIM DEED
M.W.D. & M.W.D., TRUSTEE
TO
IRVINE RANCH WATER DISTRICT
100423 -30 & 100425 -100
lsvmv/ eoc (dr1 /rowlexhiblquitclaim1.dgn 121
12100 BG
EXHIBIT B
A PORTION OF BLOCK 91 & 98, IRVINE'S SUBDIVISION
M.R. 1/88, COUNTY OF ORANGE, STATE OF CALIFORNIA
THIS EXHIBIT IS TO BE ATTACHED TO LEGAL DESCRIPTION
P�
52
NO SCALE
LEGEND
PREPARED UNDER
MY SUPERVISION
� 2 D
DATE
QUITCLAIM &
1004 -23-30 & 31
PAGE 4 OF 5
INST. NO. 85- 323188 O.R., REC. 08 -28 -1985
PARCEL 3 & 4 OF THE FOLLOWING:
INST NO. 85-323204 O.R., REC. 08 -28 -1985
INST. NO. 85- 323205 O.R., REC. 08 -28 -1985
INST. NO. 85- 323206 O.A., REC. 08.28 -1985
INST. NO. 85- 323207 O.R., REC. 08 -28 -1985
INST NO. 85- 3232080.R., REC. 08 -28 -1985
INST. NO. 85 -323209 O.R., REC. 08-28 -1985
INST NO. 85- 323210 0.8., REC. 08 -28 -1985
INST NO. 85-323211 O.R., REC. 08.28 -1985
INST. NO. 85 -323212 O.R., REC. 08.28 -1985
PARCEL 3 OF THE FOLLOWING:
INST. NO. 49270.8. 13656/12, REC. 07-03 -1980
INST. NO. 4928 D.R. 13656125, REC. 07-03 -1980
INST. NO. 4929 O.R. 13656130, REC. 07 -03 -1980
INST. NO. 4930 O.R. 13656135, REC. 07 -03 -1980
INST. NO. 4931 O.R. 13656140, REC. 07 -03 -1980
INST. NO. 4932 O.R. 13656145. REC. 07-03 -1980
INST. NO. 4933 O.R. 13656150, REC. 07 -03 -1980
INST. NO. 4934 O.R. 13656155, REC. 07-03 -1980
INST. NO. 4935 O.R. 13656160, REC. 07-03 -1980
44,
%J
�aG
O
12112100 BG
EXHIBIT B PAGE 5OF5
TRACT NO. 9858, M.M. 436/1 -7, CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA
THIS EXHIBIT IS TO BE ATTACHED TO LEGAL DESCRIPTION
9
3
E
1
PREPARED UNDER
MY SUPERVISION
DATE
NO SCALE
ms'M
\_AND S
G
��'�'
U LLI y p
il Exp. i
\,h No. 241
10,1
I9�
1 O LI
r
y F
o ; 1
go
;, N I
INST NO. 85323188 O.R., REC. 08.28 -1985
PARCEL 2 OF THE FOLLOWING:
INST NO. 49270.R. 13656/12, REC. 07-03 -1980
INST. NO. 4928 O.R. 13656125, REC. 07-03 -1980
INST NO. 4929 O.R. 13656130, REC. 07-03 -1980
INST. NO. 4930 O.R. 13656135, AEC. 07-03 -1990
INST. NO. 4931 O.R. 13656140, REC. 07-03 -1980
INST NO. 4932 O.R. 13656/45, REC. 07-03 -1980
INST. NO. 4933 O.R. 13656150, REC. 07-03 -1980
INST. NO. 4934 O.R. 13656155, REC. 07-03 -1980
INST. NO. 4935 O.R. 13656160, REC. 07-03 -1980
INST. NO. 85323204 O.R., REC. 08.28 -1985
INST NO. 853232050.R., REC. 08 -28 -1985
INST. NO. 85- 323206 O.R., REC. 08 -28 -1985
INST. NO. 85. 323207 O.R., REC. 08 -28 -1985
INST. NO. 85323208 O.R., REC. 08.28 -1985
INST NO. 853232090.R., REC. 08 -28 -1985
INST. NO. 85323210 O.R., REC. 08.28 -1985
INST NO. 85323211 O.R., REC. 08 -28 -1985
INST. NO. 85323212 O.R., REC. 08 -28 -1985
LEGEND
TjTjj�jZ QUITCLAIM &
1/1H 1004 -24-7
12112100 8G
[[ATTACH IRWD STANDARD FORM OF ACCEPTANCE]]
San Joaquin Reservoir
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
On before me, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
W,
before me, personally appeared
(SEAL)
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On
before me, personally appeared
(SEAL)
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(SEAL)
5 San Joaquin Reservoir
STATE OF CALIFORNIA
COUNTY OF ORANGE
On
ss.
before me, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
On
before me, personally appeared
(SEAL)
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
On
before me, personally appeared
(SEAL)
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(SEAL)
San Joaquin Reservoir
i •
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On before me, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) islare subscribed to the within instrument and acknowledged to me that he /she /they executed the
same in his/her/their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
On
before me, personally appeared
(SEAL)
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On
before me, personally appeared
(SEAL)
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature (SEAL)
M618
San Joaquin Reservoir
E
0
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
IRVINE RANCH WATER DISTRICT
15600 Sand Canyon Avenue
P.O. Box 57000
Irvine, California 92619 -7000
Attention: Leslie A. Bonkowski, Secretary
MAIL TAX STATEMENTS TO ADDRESS ABOVE
(Space Above For Recorder's Use)
DOCUMENTARY TRANSFER TAX $ None - Tax Exempt
_ Computed on full value of property conveyed:
Computed on full value less the value of liens or
encumbrances thereon remaining at time of sale
FREE RECORDING REQUESTED — Essential to acquisition by Irvine Ranch Water
District (Government Code §6103)
QUITCLAIM DEED
(San Joaquin Reservoir Inlet/Outlet and Easements)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation organized and
existing pursuant to the Metropolitan Water District Act (Slats. 1969, Ch. 209, as amended) ( "Owner')
hereby remises, releases and forever quitclaims to IRVINE RANCH WATER DISTRICT, a California water
district organized under Division 13 of the California Water Code ( "Grantee "), all right title and interest in
That certain real property described in Exhibit "A" and depicted on Exhibit "B," which
exhibits are attached hereto and incorporated herein by this reference.
together with all improvements thereon and capacity therein.
DATED:
Owner
THE METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA
EXHIBIT D
By
General Manager
San Joaquin Reservoir
0 0
EXHIBIT A
1004 -23 -1 (PTN.)
East Orange County Feeder No.2
Quitclaim Deed
The Metropolitan Water District
of Southern California
To
Irvine Ranch Water District
All rights, title, and interest in and to those certain parcels of land in the
County of Orange, State of California conveyed to the Irvine Ranch Water District as
Parcel "E ", Parcel "F', and Parcel "G" by Easement Deed recorded December 26, 1963
in Book 6860, page 91 and assigned to The Metropolitan Water District of Southern
California by Assignment recorded June 25, 1964 in Book 7103, page 219, both of
Official Records, in the Office of the County Recorder of said County
All as shown on EXHIBIT B attached hereto and made a part hereof.
END OF DESCRIPTION
PREPARED UNDER MY SUPERVISION
r
Peter G. iseman P.L.S. 6241
1,7A oo
Date
SAwordshar\petgm\sjtgcA2.doc
Page t of 1
r
September I, 2000
EXHIBIT B
A PORTION OF BLOCK 91, 97 & 98, IRVINE'S SUBDIVISION
M.R. 1188, COUNTY OF ORANGE, STATE OF CALIFORNIA
THIS EXHIBIT IS TO BE ATTACHED TO LEGAL DESCRIPTION
N;•
PARCEL E
CONVEYED BY
O.R. 6860191
REC. 12126163
\ ASSIGNED BY
\ O.R. 71031219
\ \ REC. 06125164 J
\\ c�
\\ c-
/
� \ Cb /
!V \ \ \0b�/ 90
/ PARCEL F
/ CONVEYED BY
/ O.R. 6860191 4
/ REC. 12126163
/ ASSIGNED BY
O.R. 71031219
REC. 06/25/64
LANC
PREPARED UNDER
MY SUPERVISION
U i
J
is Exp.
Peter G. iseman P. L.S. 6241
No.6�
OF C
DATE
l svrrwleocfd2lrowlexhiblquitclaim 1.dgn
PARCEL G
CONVEYED BY
O.R. 6860191
AEC. 12/26/63
ASSIGNED BY
O.R. 71031219
REC. 06/25/64
Al
SAN JOAQUIN RESERVOIR
LEGEND
N
PAGE 1 OF 1
NO SCALE
QUITCLAIM
1004-23-1 (PORTION)
09101100 BG
I
/
S
N/
PARCEL G
CONVEYED BY
O.R. 6860191
AEC. 12/26/63
ASSIGNED BY
O.R. 71031219
REC. 06/25/64
Al
SAN JOAQUIN RESERVOIR
LEGEND
N
PAGE 1 OF 1
NO SCALE
QUITCLAIM
1004-23-1 (PORTION)
09101100 BG
[[ATTACH iRWD STANDARD FORM OF ACCEPTANCE]]
San Joaquin Reservoir
0 0
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
On
before me, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is /are subscribed to the within instrument and acknowledged to me that helshelthey executed the
same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(SEAL)
San Joaquin Reservoir
E
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
IRVINE RANCH WATER DISTRICT
15600 Sand Canyon Avenue
P.O. Box 57000
Irvine, California 92619 -7000
Attention: Leslie A. Bonkowski, Secretary
MAIL TAX STATEMENTS TO ADDRESS ABOVE
(Space Above For Recorder's Use)
DOCUMENTARY TRANSFER TAX $ None - Tax Exempt
_ Computed on full value of property conveyed:
Computed on full value less the value of liens or
encumbrances thereon remaining at time of sale
FREE RECORDING REQUESTED — Essential to acquisition by Irvine Ranch Water
District (Government Code §6103)
QUITCLAIM DEED
(TIC - Boundary Correction)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE
IRVINE COMPANY, a Delaware corporation ( "Owner'), hereby remises, releases and forever quitclaims
to IRVINE RANCH WATER DISTRICT, a California water district organized under Division 13 of the
California Water Code ( "Grantee "), all right title and interest in
That certain real property described in Exhibit "A" and depicted on Exhibit "B ", which
exhibits are attached hereto and incorporated herein by this reference.
together with all improvements thereon.
DATED:
Owner
THE IRVINE COMPANY
By
President
By
Secretary
EXHIBIT E
San Joaquin Reservoir
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Block 98 of the Irvine's Subdivision, in the County of Orange, State of
California, as per map recorded in Book 1, Page 88, of Miscellaneous Maps, in the office of the
County Recorder of said County, described as follows:
Beginning at the westerly terminus of that certain course in the northerly boundary of Parcel 1 as
described in that certain Grant Deed from the Irvine Company, a Michigan Corporation to Irvine
Ranch Water District, a California Water District, recorded on August 28, 1985 as Instrument
Number 85- 323203 of Official Records in the office of said Recorder, said certain course being
described as having a bearing and length of North 82° 08' 29" East 197.66 feet; thence
continuing along said boundary, South 9° 41' 13" East 171.94 feet; thence South 800 18' 47"
West 120.00 feet; thence North 9° 41' 13" West 175.77 feet; thence leaving said boundary,
North 82° 08' 29" East 120.06 feet to the point of beginning.
F: \ \mmp \word \eng \bk \L 11 -1 Exhibit_A.doc
EXH /B /T 23
?� O IpryO
s
�gp' /B'47 N4��Ft �►
I ` °z �
NO BGILE
ti
0 0
[[ATTACH IRWD STANDARD FORM OF ACCEPTANCE]]
San Joaquin Reservoir
STATE OF CALIFORNIA
9&�M
COUNTY OF ORANGE
On before me, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
mn:n
(SEAL)
San Joaquin Reservoir
0
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
IRVINE RANCH WATER DISTRICT
15600 Sand Canyon Avenue
P.O. Box 57000
Irvine, California 92619 -7000
Attention: Leslie A. Bonkowski, Secretary
MAIL TAX STATEMENTS TO ADDRESS ABOVE
(Space Above For Recorder's Use)
DOCUMENTARY TRANSFER TAX $ None - Tax Exempt
_ Computed on full value of property conveyed:
Computed on full value less the value of liens or
encumbrances thereon remaining at time of sale
FREE RECORDING REQUESTED — Essential to acquisition by Irvine Ranch Water
District (Government Code §6103)
QUITCLAIM DEED
(City of Newport Beach)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
CITY OF NEWPORT BEACH, a municipal corporation ( "Owner"), hereby remises, releases and forever
quitclaims to IRVINE RANCH WATER DISTRICT, a California water district organized under Division 13 of
the California Water Code ( "Grantee "), all right title and interest conveyed to Owner by
DATED:
Instrument recorded in the Official Records of Orange County in Book 7161, page 116, on
August 3, 1964, and by
Instrument recorded in the Official Records of Orange County as Instrument No. 84-
107305, on March 14, 1984 and unrecorded instrument referenced therein, dated
December 23, 1981.
EXHIBIT F
Owner
CITY OF NEWPORT BEACH
By
Mayor
By
City Clerk
San Joaquin Reservoir
0
1]
[[ATTACH IRWD STANDARD FORM OF ACCEPTANCE]]
2 San Joaquin Reservoir
0
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On
before me, personally appeared
personally Known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
]0M
(SEAL)
San Joaquin Reservoir
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
IRVINE RANCH WATER DISTRICT
15600 Sand Canyon Avenue
P.O. Box 57000
Irvine, California 92619 -7000
Attention: Leslie A. Bonkowski, Secretary
MAIL TAX STATEMENTS TO ADDRESS ABOVE
(Space Above For Recorder's Use)
DOCUMENTARY TRANSFER TAX $ None - Tax Exempt
_ Computed on full value of property conveyed:
Computed on full value less the value of liens or
encumbrances thereon remaining at time of sale
FREE RECORDING REQUESTED — Essential to acquisition by Irvine Ranch Water
District (Government Code §6103)
ASSIGNMENT OF PORTION OF EASEMENT RIGHTS
(Domestic and Reclaimed Water Parallel Pipelines)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation organized and
existing pursuant to the Metropolitan Water District Act (Stats. 1969, Ch. 209, as amended)( "Owner'),
hereby assigns to IRVINE RANCH WATER DISTRICT, a California water district organized under Division
13 of the California Water Code ( "Grantee "), the right to install, operate and maintain pipelines within
Parcel "C" and Parcel "D" of the easement conveyed by instrument recorded in the
Official Records of Orange County at Book 6860, Page 91, on December 26, 1963 and
assigned to Owner by instrument recorded in the Official Records of Orange County at
Book 7103, Page 219, on June 25, 1964, excepting therefrom, that portion thereof lying
northeasterly of the southwesterly line of Culver Drive, as described in easement deed to
the County of Orange, recorded on October 28, 1964, in Book 7278, Page 688, in said
Official Records (the "Easement ").
The right assigned hereby shall be subject to all of the terms and conditions of such
conveyances. Grantee shall obtain Owners approval prior to installation of any pipelines within the
Easement; provided, it is agreed that such approval has been obtained or waived with respect to pipelines
previously installed by Grantee within the Easement. Grantee shall be required to comply with minimum
separation as may be required by law or regulation between reclaimed water pipelines installed by
Grantee and Owners domestic water pipeline within the Easement.
DATED:
Owner
THE METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA
By
General Manager
EXHIBIT G
San Joaquin Reservoir
0
[[ATTACH IRWD STANDARD FORM OF ACCEPTANCE]]
San Joaquin Reservoir
0
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
a
before me, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
70195
(SEAL)
San Joaquin Reservoir
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 645 �p
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: August 2, 1991
SUBJECT: Contract No. C -2193
Description of Contract Second Amendatory Agreement to the
San Joaquin Reservoir Trust Agreement
Effective date of Contract October 1, 1990
Authorized by Minute Action, approved on November 13, 1990 /May 13, 1991
Contract with Irvine Ranch Water District
Address P.O. Box 6025
18802 Bardeen Ave.
Irvine. CA 92716 -6025
Amount of Contract (See Agreement)
" 4e
Wanda E. Raggio Q
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
�ula co °
Y COUNCIL MEETING
May 13,1990
Agenda Item No. -3 d
TO: MAYOR SANSONE AND MEMBERS OF THE CITY
COUNCIL
FROM: Utilities Director
SUBJECT: SECOND AMENDATORY AGREEMENT TO THE SAN
JOAQUIN RESERVOIR TRUST AGREEMENT
Recommended Action:
If desired, approve the amendments to the San Joaquin
Reservoir Trust Agreement providing for transfer of
majority ownership in the reservoir to the Metropolitan
Water District and authorize the Mayor and City Clerk to
execute the Amendment Agreement and the Purchase and
Sale Agreement.
Background:
At its meeting on November 13, 1990, the City Council following a
recommendation of the Utilities Committee approved the second
amendatory agreement to the San Joaquin Reservoir Trust Agreement
( "Agreement "). Please see the recycled report from that meeting, attached.
Subsequent to the Council's action, the City of Huntington Beach as a
signatory to the "Agreement ", decided to transfer a portion of its capacity
ownership in lieu of being a cash participant in the repairs and
betterments required for water quality.
As a result of this change by Huntington Beach, the "Agreement" required
revision to those sections relating to Huntington Beach. No changes
relating to Newport Beach were made.
The Utilities Committee reviewed the "Agreement" at its meeting on May
6, 1991 and recommend approval.
Res e tfully submitted,
Robert J. Dixon
Utilities Director
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City Council Meeting
November 13, 1990
Agenda Item No.-,E-3 (h
TO: MAYOR PLUMMER AND MEMBERS OF THE CITY COUNCIL
From: Robert J. Dixon, Utilities Director C 2-1 �13
SUBJECT: SECOND AMENDATORY AGREEMENT TO THE SAN
JOAQUIN RESERVOIR TRUST AGREEMENT
Recommended action: If desired, approve the amendments to the San
Joaquin Reservoir Trust Agreement providing for transfer of majority
ownership to the Metropolitan Water District.
Background : San Joaquin Reservoir (SJR) is vital to Newport's water service
and supply. Recognizing this the City Council in October 1989 approved a
Memorandum of Understanding among the various owners of SJR. This
MOU provided for the writing of amendments to the governing Trust
Agreement that would transfer a portion of each of the present owners
capacity rights in SJR to MWD to the extent that MWD would have control of
the reservoir. In exchange for these transferred rights, MWD will pay for the
cost of the needed water quality improvements.
San Joaquin Reservoir is the source of supply for almost all water used in the
City of Newport beach and due to its location and elevation eliminates in
large part the need for pumping water. The reservoir is managed by the
Metropolitan Water District (MWD) on behalf of the several owners.
Newport Beach owns 86 acre -feet of water storage in the reservoir, slightly
less than 3% of the capacity.
The State Department of Health has notified the owners of the reservoir that
the water quality problems connected with an open reservoir must be
resolved, SJR has experienced numerous water quality problems since the
reservoir became operational in 1966. In the past two years, the reservoir has
been taken out of service on more than 15 occasions because of
microbiological problems, In December, a new regulation placing stringent
limits on coliform bacteria will have severe ramifications for the operation of
SJR (i.e., removal of the reservoir from service for an indefinite period of
time).
The amended agreement has been competed and is presented to the Council
for approval. Newport will retain 43 acre -feet of storage in SJR, the City's
share of debt service for the reservoir will continue as at present for the next
two years at which time the debt will be amortized.
• Following approval of the amended agreement, MWD will proceed with the
needed water quality improvements required to keep San Joaquin Reservoir
in service.
This matter was discussed by the Utilities Committee at its meeting on
October 29, 1990. The Utilities Committee recommended that the agreement
be brought to the City Council with a recommendation for approval.
Resp ully submitted,
Robert J. Dixon
Utilities Director
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P.O. Box 6025. 18802 Bardeen Ave. • Irvine, CA 92716-6025.(714)476-7500
April 18, 1991
Mr. Robert J. Dixon
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Subject: Second Amendatory Agreement to the
San Joaquin Reservoir Trust Agreement
Dear Mr. Dixon:
Corrections and changes to the San Joaquin Reservoir Trust
Agreement resulting from Huntington Beach's decision to
• transfer capacity ownership in lieu of being a cash
participant have been completed. These changes are reflected
in the enclosed Second Amendatory Agreement to the San Joaquin
Reservoir Trust Agreement. Also enclosed is a Purchase and
Sale Agreement for your agency. Execution of the Agreement
and the Purchase and Sale Agreement needs to be accomplished
as soon as possible.
Ronald Wheeler intends to schedule the next meeting of the San
Joaquin Reservoir Advisory Committee for mid -May. At that
meeting, he will need to know who has adopted the new
Agreement and when action will be taken by those agencies that
have yet to adopt.
If you have any comments or questions, please call me at your
convenience.
Sinc r
Ro Id
Ge ral
• RY /DF:vc
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Enclosures
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PURCHASE AND SALE AGREEMENT
This agreement is entered into as of July 1, 1990,
between The Metropolitan Water District of Southern California
(hereinafter referred to as "Metropolitan "), and City of
Newport Beach (hereinafter referred to as "Newport Beach ").
RECITALS
The parties to the San Joaquin Reservoir Trust
Agreement, as amended by the First Amendment effective July 1,
1980 (hereinafter referred to as "Trust Agreement "), have
entered into a Memorandum of Understanding (hereinafter
referred to as "MOU") as set forth in Exhibit A, and are in the
process of executing an amendment (hereinafter referred to as
"Second Amendment ") to the Trust Agreement as provided for in
the MOU. m
Metropolitan and Newport Beach desire to implement
certain of their respective obligations toward each other as
provided for in the MOU.
OPERATIVE AGREEMENTS
Section 1
Newport Beach permanently transfers to Metropolitan
38 acre -feet of its San Joaquin Reservoir (hereinafter referred
to as "the. Reservoir ") capacity allocation shown on Table I
thereby reducing its capacity allocation from 86 acre -feet to
48 acre -feet.
Section 2
As compensation for said transfer of 38 acre -feet of
capacity, Newport Beach shall be entitled to $265,000 (rounded
to nearest hundredth) computed by multiplying 38 acre -feet by
$6,996.98 per acre -foot.
Section 3
Subject to final approval after its review and
consideration of environmental documentation prepared by
Metropolitan, Newport Beach agrees that Metropolitan may
proceed with the capital improvements described in the MOU. In
accordance with Section 3 and Exhibit A of the MOU, Newport
Beach is responsible for $265,000 as its contribution towards
the capital improvements provided for in the MOU.
Section 4
on the transfer date, as there is no difference
between the amounts due each party under Sections 2 and 3, no
payment shall be due either party.
Section 5
This purchase and sale shall only be effective upon
the Transfer Date as provided for in the MOU and shall be
voided if the MOU is voided or if Metropolitan elects to void
this agreement because a party to the MOU has failed to fulfill
its obligations to transfer capacity rights in regard to such
transfer and capital improvement work provided for in the MOU.
IN WITNESS WHEREOF, each of the parties has caused this
contract to be executed by its duly authorized officials on the
date hereinabove first written.
m The Metropolitan Water District
of Southern California
Approved as to Form:
Fred Vendig
Gener Counsel
By
Jarlath Oley
Senior Deputy General unsel
ATTEST:
G
-
City Clerk
CITY OF NEWPORT BEACH
SECOND AMENDATORY AGREEMENT TO
SAN JOAODIN RESERVOIR TRUST AGREEMENT
and between
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
( "METROPOLITAN" herein), organized and existing
pursuant to the Metropolitan Water District Act
(Scats. 1969, Ch. 209, as amended);
CITY OF NEWPORT BEACH ( "NEWPORT" herein), a municipal
corporation of the State of California;
the Costa Mesa Merger Law (Water Code 6 33200 et
sea.) and the County Water District Law (Water Code
9 30000 et seg.);
9 30000 et sea.);
SOUTH COAST WATER DISTRICT ( "SOUTH COAST" herein
organized and existing pursuant to the County Water
District Law of the State of California, (Water Code
9 30000 et seg.); formerly known as South Coast
County Water District; and
THE IRVINE COMPANY ( "TIC" herein), a Michigan
corporation, a successor in interest to The Irvine
Company of West Virginia.
ON
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..._..:
RECITAL
C
The parties to the San Joaquin Reservoir Trust
Agreement, as amended by the First Amendment effective July 1,
1980, hereinafter referred to as "Trust Agreement," have
entered into a memorandum of understanding (hereinafter
referred to as "MOU") as set forth in Exhibit E and, with
corrections to Exhibits A, C and D of the MOU, desire by this
Amendment to modify the Trust Agreement to accomplish the
changes to the Trust Agreement provided for in the MOU.
SECTION 1
Section id of the Trust Agreement is amended to read
as follows:
The undivided percentage ownerships of the Reservoir
and the capacity allocations of each Owner therein are as set
forth in the following Table I. Any increase or decrease in
Reservoir capacity due to modifications or otherwise shall be
allocated among the Owners so that the respective percentage
ownership of each Owner iscnot changed.
City of Newport
Beach 48 1.57%
Total 3,050 100.00%
VA
Table I
Capacity Allocation
Percentage
Agency Name
(Acre Feet)
Ownership
Irvine Ranch
Water District
786
25.77%
Mesa Consolidated
Water District
324
10.63%
City of Huntington
Beach
222
7.28%
Metropolitan
1,555
50.98%
Laguna Beach County
Water District
87
2.85%
South Coast
Water District
28
0.92%
City of Newport
Beach 48 1.57%
Total 3,050 100.00%
VA
SECTION 2
Sections le and if of the Trust Agreement are
stricken in their entirety.
SECTION 3
Section 2c of the Trust Agreement is amended to read
as follows;
C. Powers
(i) Majority Vote
The Advisory Committee shall have the following
powers which may be exercised only upon the affirmative vote of
a majority of Owners representing in excess of 50% of the total
ownership interests as shown in Table I hereof ( "majority vote"
herein). Until July 1, 1999, ownership interests for purposes
of this section shall be determined in accordance with Exhibit
F to this,Agreement attached and incorporated by reference.
Effective July 1, 1999, ownership interests for purposes of
this section shall be determined in accordance with Table I of
this Agreement. As provided in Section 7(d) hereof, a
defaulting owner shall not be entitled to vote, and its
ownership interest shall not be included for purposes of
determining a majority vote, on the Advisory Committee.
A. Render advice to METROPOLITAN as to policy
matters affecting its duties as Trustee.
B. Approve an annual budget, including all
Reservoir expenditures as provided in Section 6a hereof.
Provided, however, that capital improvement projects shall be
approved by a three - fourths vote as provided in subparagraph
(ii) below and Section 9c hereof.
C. Approve an annual report prepared by
METROPOLITAN including financial statements showing receipts
and expenditures incurred by METROPOLITAN as Trustee prepared
in accordance with METROPOLITAN's normal accounting practices.
The annual report shall be prepared by METROPOLITAN for the
preceding fiscal year and submitted to each Owner on or before
August 31 of each year. The Advisory Committee shall meet to
review the annual report prior to September 30 of each year.
The Advisory Committee may direct Metropolitan to employ an
independent auditor or auditing firm to review, and to report
to the Advisory Committee concerning, the financial statements
included in the annual report. The expense of employing any
such auditor or auditing firm shall be included in the
operating and maintenance expenses for the Reservoir.
D. Ratify the terms of any sale of ownership
interest in which METROPOLITAN participates as a seller or
buyer as provided in Section 3c hereof, provided, however, that
such ratification shall not be withheld unreasonably.
E. Determine issues of alleged abuse of an
Owner's Storage Rights referred to the Advisory Committee by
METROPOLITAN as provided in Section 5a hereof.
F. Confirm or adjust flow allocations extending
beyond 72 hours as provided in Sections 5d(iv), 5e(iv) and
5f(v) hereof.
G. Approve additional emergency deposits
necessary from Owners when the budgeted contingency fund is
exhausted as provided in Section 6d hereof.
H. Approve Reservoir insurance program as
provided in Section 8a.
I. Approve alternate financing methods for
Reservoir repairs as provided in. section 9b hereof.
m
J. Recommend resolutions to disputes among
Owners as provided in Section 10a hereof.
K. Approve improvement projects required to
comply with orders of officials having jurisdiction over the
Reservoir with regard to matters affecting the public health or
safety.
(ii) Three - Fourths Vote
The Advisory Committee shall have the following powers
which may be exercised only upon the affirmative vote of three -
fourths of the total ownership interests as shown in Table I
hereof. As provided in Section 7d hereof, a defaulting Owner shall
not be entitled to vote, and its ownership interest shall not be
included for purposes of determining a three - fourths vote, on the
Advisory Committee.
A. Approve capital improvement projects. Capital
improvement projects shall be those projects which (1) are
determined to be capital in accordance with the capitalization
criteria set forth in Metropolitan's General Instruction 7H,
Capitalization of Plant Assets as amended from time to time and
(2) meet the criteria of section 9c. Improvement projects required
to comply with orders by officials having jurisdiction over the
Reservoir with regard to matters affecting the public health or
safety shall not require three - fourths vote for approval but such
projects shall require approval by a majority vote of the total .
ownership interests as shown in Table I hereof.
B. Approve alternative methods to finance Reservoir
improvement projects as provided in Section 9c hereof.
(iii) Unanimous Vote
The Advisory Committee shall have the following powers
which may be exercised only upon the affirmative vote of 100% of
the total ownership interests as shown in Table I hereof
( "unanimous vote" herein). As provided in Section 7d hereof, a
defaulting Owner shall not be entitled to vote, and its ownership
interest shall not be included for purposes of determining a
unanimous vote, on the Advisory Committee.
A. Amendment of any provision of this Trust Agreement
B. Release of Owners from payment of Reservoir expenses
with respect to sold ownership interests as provided in Section
3e(iii) hereof.
C. Approve amendments or variances to Operating
Criteria as provided in Section 5(b) hereof.
D. Approve use of Emergency Storage to satisfy normal
operating requirements or a Demand Emergency as provided in
Sections 5d(v) and 5e(v) hereof.
SECTION 4
Existing Section 3f is stricken and existing
section.3(g), as added by section 1 of the First Amendment
Agreement to San Joaquin Reservoir Trust Agreement, effective
first day of July, 1980, is relettered as section 3(f)..
SECTION 5
Section 4 of the Trust Agreement is amended to read:
Section 4. Future IRWD Debt Payments.
IRWD has heretofore incurred bonded
construct the Reservoir. The Owners listed on
responsible for payments of the shares of IRWD
retirement shown in Table II.
indebtedness to
Table II below are
bond debt
Name of Agency
Irvine Ranch Water
District
Mesa Consolidated
Water District
Huntington Beach
Metropolitan Water'
District
Laguna Beach County
Water District
South Coast County
Water District
Newport Beach
Table II
Ownership Interest Future Debt
Subject to Future Debt Percentage
1,411 47.84%
583 19.76%
400 13.56%
300 10.17%
156 5.29%
50 1.69%
It 50 1 1.69%
2,950 acre -feet 100.00°%
Each Owner subject to future debt payment shall pay to
IRWD a share, as set forth in Table II, of IRWD debt service
payments as shown in Exhibit "C ", attached and by this reference
incorporated herein. At least 30 days prior to the due date of
each payment, IRWD shall provide the Owners shown in Table II with
written notice of the amount of each Owner's share of the payment
and the date when due. The method of payment of each Owner's
obligation shall be determined by mutual agreement between IRWD
and each Owner and may include, without limitation, use of
postdated checks or transfer of "same day" money.. IRWD shall not
be required to pay interest on money deposited in advance of the
due date.
SECTION 6
Section 5 of the Trust Agreement is amended to read as
follows:
SECTION 5 OPERATING CRITERIA FOR SAN JOAQUIN RESERVOIR
a. Agency Storage Rim
Storage capacity in San Joaquin Reservoir is available
for use by each Owner for regulatory and emergency purposes.
Reservoir storage capacity shall be divided into Emergency Storage
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and Regulatory Storage. Water in the Reservoir below elevation
423 feet is hereby designated as Emergency Storage and that above
said elevation is designated as Regulatory Storage. Use of
Emergency Storage and Regulatory Storage shall be governed by the
provisions of this Section 5.
Each owner hereby covenants with all other Owners to use
its storage rights in a manner consistent with the provisions of
this Section 5. If METROPOLITAN believes that any Owner is
operating contrary to this covenant, METROPOLITAN shall endeavor
to correct the violation and, if unable to do so, shall refer the
violation to the Advisory Committee with recommendations. The
Advisory Committee shall resolve the matter upon a majority vote
and such resolution shall be final and binding upon all Owners.
b. Operating Criteria
Criteria for filling and drawing down the Reservoir
( "Operating Criteria" herein) shall be established and may be
modified by the Advisory Committee in accordance with these
provisions. The initial operating Criteria are attached hereto as
Exhibit "D "- which by this reference is incorporated herein.
METROPOLITAN may recommend amendment of the Operating Criteria
from time to time. AmendmeA of the Operating Criteria shall
require approval by a unanimous vote of the Advisory Committee.
METROPOLITAN shall exercise reasonable efforts to adhere
to the operating Criteria unless a variance thereto is approved by
a unanimous vote of the Advisory Committee. Owners covenant not
to sue METROPOLITAN, its officers, or employees and METROPOLITAN
shall not be liable to the Owners for any damage to the Reservoir
so long as METROPOLITAN has exercised reasonable efforts to
operate the Reservoir in accordance with the approved Operating
Criteria or any approved variance thereto or in the exercise of
its judgment in response to an act of God or other emergency.
C. Authority of METROPOLITAN
METROPOLITAN shall exercise its best efforts to operate
and maintain the Reservoir for the benefit of all the Owners to
meet their regulatory and emergency requirements, consistent with
the Operating Criteria, prudent operating principles, and with
federal and state water quality, health, and safety standards.
d. Normal Operations
(i) Normal Conditions
The Regulatory Storage of the Reservoir shall be
available for use by the Owners when normal operating conditions
prevail. Normal operating conditions prevail except when there is
a Demand Emergency or an Extended Outage. For purposes of
determining application of any METROPOLITAN pricing policy which
takes into consideration excessive peaking requirements on the
East Orange County Feeder No. 2, the Orange County Feeder and the
Irvine Cross Feeder, the capacities shown in Table III shall be
considered to be within an owner's system, and not within
METROPOLITAN's system. The Regulatory Storage capacity shall be
available to each Owner to offset such peak pricing policy,
whether or not water is delivered to the Owner from the Reservoir,
and shall be deemed to be replaced on the first day of each
calendar month if the water surface elevation in the Reservoir was
at elevation 423 feet or higher throughout the preceding calendar
month.
Table III
Agency
IRWD
Mesa Consolidated
City of Huntington Beach
Metropolitan
Laguna Beach
South Coast
Newport Beach
Total
Emergency
* Regulatory Storage
Storage Capacity In Reserve
261 AF 525 AF
107 AF 217 AF
m 73 AF 149 AF
1,555 AF 0 AF
29 AF 58 AF
9
AF
19
AF
16
AF
32
AF
2,050
AF
1,000
AF
* Above elevation 423; 67.211 of total capacity
(ii) Substitute Water Delivery
Under normal operating conditions, Owners shall have
the right to receive, and METROPOLITAN will endeavor to
provide, substitute water deliveries from METROPOLITAN'S
distribution system to service connections serving Owners when
direct deliveries of Reservoir water are not being made. In
the event of a condition which prohibits normal Reservoir
operations, METROPOLITAN will attempt to continue these
substitute deliveries to provide service similar to normal
operations. Substitute deliveries during normal operating
conditions will, for billing purposes, be considered to have
been made from an Owner's Regulatory Storage capacity.
E
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(iii) Use of Recrulatory Storage
Regulatory Storage shall be used at the discretion of
each Owner, except that for operation and maintenance purposes
and subject to METROPOLITAN's obligations as trustee,
METROPOLITAN may temporarily operate the Reservoir at less than
full and thereby use any Regulatory Storage capacity which is
not immediately needed by another Owner. METROPOLITAN shall
use its best efforts to replace the Regulatory Storage thus
utilized as soon as operationally feasible. Nothing contained
in this Agreement is intended to alter the capacity rights of
any Reservoir Owner in the East Orange County Feeder No. 2.
Each Reservoir Owner hereby covenants to operate its system
consistent with its capacity rights in East Orange County
Feeder No. 2 and its Regulatory Storage capacity in the
Reservoir. Subject to review by the Advisory Committee,
METROPOLITAN may operate service connections to each Reservoir
Owner to prevent violation of the foregoing covenant.
(iv) Temporary Allocation
- METROPOLITAN will use its best efforts to operate the
Reservoir to meet all deliveries requested by Reservoir Owners.
However, under unusual cirSumstances, including, but not
limited to, mechanical failures or water quality deficiencies,
METROPOLITAN temporarily will allocate the available flow from
Regulatory Storage. No owner shall be entitled to demand flows
from the Reservoir which exceed a percentage of available flows
from the Reservoir equal to its ownership percentage as shown
in Table I, but METROPOLITAN may temporarily allocate unused
flows to Owners desiring additional flows. Any temporary
allocation of flow which extends beyond 72 hours shall be
confirmed or adjusted by a majority vote of the Advisory
Committee.
(v) Emergency Storage in Reserve
Emergency Storage shall not be utilized for normal
operations. Except as provided herein, the Reservoir shall not
be operated at a surface elevation lower than 423 feet.
METROPOLITAN shall notify all Reservoir Owners whenever it
appears that the water elevation in the Reservoir is
approaching 423 feet. METROPOLITAN shall call a meeting of the
Advisory Committee to determine whether and upon what
restrictions Emergency Storage may be utilized. Emergency
Storage may be utilized to satisfy normal operations
requirements only upon the unanimous vote of the Advisory
Committee.
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e. Demand Emergency Operations
(i) Demand Emergencies
A Demand Emergency is a sudden catastrophic
occurrence within the area served by an Owner's distribution or
storage system that is beyond an Owner's control, which causes
unusually high water demand, and which requires unrestricted
flows from the Reservoir.
(ii) Mutual Aid Covenant
Each Owner, other than Metropolitan, hereby pledges
use of its Regulatory Storage capacity to each other Owner in
the event of a Demand Emergency and hereby covenants to reduce
or cease withdrawals from the Reservoir so that such Regulatory
Storage capacity is available for use by any Owner with a
Demand Emergency.
(iii) Procedures and Temporary Allocations
An Owner with a Demand Emergency shall notify
METROPOLITAN. METROPOLITANmshall immediately take all steps
necessary to provide maximum safe flows from the Reservoir to
such Owner. METROPOLITAN shall determine if flows to other
Reservoir Owners must be allocated in order to meet the Demand
Emergency from Regulatory Storage available in the Reservoir.
If so, METROPOLITAN shall determine the extent to which flows
must be allocated and shall notify each Reservoir Owner as to
the amount of flow it is entitled to take from the Reservoir
during the Demand Emergency. Each Owner shall make appropriate
internal adjustments to its distribution system to operate
within the flow allocations established by METROPOLITAN. In
the event any Owner fails to make such adjustments,
METROPOLITAN may operate service connections serving such Owner
from the Reservoir to implement the allocation.
(iv) Extended Emergencies
In the event that a Demand Emergency exceeds 72 hours
in duration, METROPOLITAN may, as deemed necessary, call an
extraordinary session of the Advisory Committee for purpose of
confirming or adjusting the Demand Emergency allocations
established by METROPOLITAN. The Advisory Committee shall act
to confirm or adjust the Demand Emergency allocations upon a
majority vote of the Advisory Committee.
(v) Exhaustion of Regulatory Storage
In the event that a Demand Emergency exhausts the
available Regulatory Storage of the Reservoir, Emergency
Storage may be utilized to satisfy the Demand Emergency
10
requirements of a Reservoir Owner only upon a unanimous vote of
the Advisory Committee.
Extended Outage Operations
(i) Extended Outage Conditions
Emergency Storage shall be available for use in the
event of an Extended Outage. An Extended Outage is an event
which interrupts or restricts in -flow to the Reservoir from
East Orange County Feeder No. 2 for longer than 48 hours as
determined in the sole discretion of METROPOLITAN.
(ii) METROPOLITAN Alternate Sources
In the event of an Extended Outage, METROPOLITAN will
make every effort consistent with METROPOLITAN's water service
regulations to substitute deliveries from other facilities.
(iii) Use of Emergency Storage
"In the event of an Extended Outage METROPOLITAN shall
notify the other Owners thkt an Extended Outage exists. During
an Extended Outage, all water in the Reservoir shall be
Emergency Storage subject to the flow allocations provided
herein until such time as all storage is exhausted.
(iv) Flow Allocation
Each Owner shall be entitled to a percentage of
available flows from the'Reservoir in proportion to its
ownership percentage shown in Table I. Each Owner may use such
flows for so long as it has unused Emergency Storage capacity.
Each owner shall be entitled to Emergency Storage Capacity in
proportion to its ownership percentage shown in Table III.
METROPOLITAN shall insure that no Owner exceeds its allocated
Extended Outage flows and Emergency Storage capacity and may
operate service connections to assure compliance. This
allocation will continue until the Extended Outage condition is
corrected or until the water in the Reservoir has been
exhausted, whichever occurs first.
(v) Released Flows and Reserved Capacity
If an Owner does not require immediate use of its
full flow entitlement, it may notify METROPOLITAN that part or
all of its flow entitlement may be released to other Owners.
Any such notice shall be within 24 hours after METROPOLITAN's
notice that an Extended Outage exists and shall specify the
percentage of flow entitlement to be released and the time
period for the released flow. After consulting the other
Owners as to their needs, METROPOLITAN shall make a reasonable
11
allocation of such released flows among the other Owners.
METROPOLITAN shall notify the Owners as to the allocation of
released flows and each Owner, within 24 hours, may request an
immediate extraordinary session of the Advisory Committee for
purposes of confirming or adjusting, upon a majority vote, the
allocation of released flows. Any Owner other than
METROPOLITAN using released flows may not.withdraw more than
its own Emergency Storage capacity. METROPOLITAN may not
withdraw more than its Regulatory Storage capacity. Any Owner
may add such capacity obtained by assignment as provided in
Paragraph (vi) below. The time period for the released flow
may be extended from time to time by the releasing Owner,
subject to the foregoing requirements for allocation. The
releasing Owner shall be entitled to reserve all or a portion
of its Emergency Storage capacity for use when the time period
for released flow expires. Upon expiration of the time period
for released flow, each Owner shall be entitled to a percentage
of available flows from the Reservoir in the proportion that
its remaining Emergency Storage capacity, including reserved
capacity, bears to the total Emergency Storage remaining in the
Reservoir. METROPOLITAN's rights and obligations under this
subsection shall be based upon its Regulatory Storage capacity.
(vi) Assignment of Capacity and Flow Allocation
Each Owner may assign part or all of its Emergency
Storage capacity or flow entitlement or both to another Owner
upon such terms as are mutually agreeable to the assignor and
the assignee. METROPOLITAN may assign part or all of its
Regulatory Storage capacity or flow entitlement. The assignor
Owner shall notify METROPOLITAN as to the assignment and
METROPOLITAN shall operate the Reservoir accordingly.
(vii) Reservoir Refill
At the conclusion of an Extended Outage, the
Reservoir will be refilled. Flows from the reservoir will
continue to be restricted until the water surface has reached
elevation 423 feet.
g. Reservoir Maintenance and Repair
(i) Authority
Except as provided herein, METROPOLITAN shall have
complete authority to decide all matters pertaining to the
maintenance and repair of the Reservoir and its appurtenances.
Maintenance and repair activities are those necessary to
continue or restore the operating capabilities or
characteristics of the Reservoir as contemplated and required
12
in this Agreement and do not include capital improvement
projects which result in enhancement of Reservoir operating
capabilities or characteristics.
(ii) Normal Maintenance and Repairs
Normal maintenance and repairs include but are not
limited to routine activities, such as daily patrolling and
maintenance of roads, meter and instrument readings, Reservoir
cleaning not requiring shutdown of the facility, chemical
treatment, and grounds upkeep and periodic maintenance or
repair projects which require the Reservoir to be out of
service. The Reservoir's annual budget shall provide for
normal maintenance and repair and shall separately identify
major maintenance or repair projects. METROPOLITAN, to the
greatest extent practicable, shall schedule major maintenance
or repair projects requiring the Reservoir to be out of service
at times of the year when water demands are low and will
endeavor to keep the Reservoir fully operational during periods
of high seasonal demand. Maintenance or repair projects which
affect the useful operations of the Reservoir, to the greatest
extent practicable, shall be scheduled in advance and
coordinated with the other Reservoir Owners through the
Advisory Committee. The Reservoir annual report shall
separately account for major maintenance or repair projects.
(iii) Emergency Maintenance and Repair
Emergency maintenance and repair activities are those
required by unforeseen events, which require immediate action
and which are not specifically anticipated in the annual
budget. METROPOLITAN may undertake emergency maintenance and
repair activities without prior consultation with the Advisory
Committee or any Owner. The annual Reservoir budget shall
provide a reasonable contingency fund for emergencies.
SECTION 7
Section 6a of the Trust Agreement is amended to read
as follows:
SECTION 6 RESERVOIR EXPENSES
a. Allocation and Annual Reservoir Budget
METROPOLITAN shall prepare a proposed Reservoir budget for
each fiscal year, commencing July 1, and submit it to each
Owner not later than March 31 of each year. The Advisory
Committee, prior to April 30, shall consider and adopt a
Reservoir budget for the ensuing fiscal year. The Reservoir
annual budget shall allocate among owners, in accordance with
the percentages shown in Exhibit F attached and incorporated by
13
�7
reference, all Reservoir expenses, other than those described
in Section 4 and Section 9, for the ensuing year. Reservoir
expenses shall be estimated and budgeted based upon the
provisions of this Trust Agreement. The Reservoir annual
budget shall include a reasonable contingency fund to pay the
cost of emergency maintenance and repair activities and to pay
any legal liability not specifically enumerated in the
Reservoir annual budget. Upon approval of the budget,
METROPOLITAN shall be authorized, without further approval by
the Advisory Committee, to undertake the expenditures set forth
in the budget. Debt service obligations set forth in Section 4
and Section 9 shall be submitted within the annual budget but
are not subject to approval by the Advisory Committee as
provided in section 2c(i)B hereof.
SECTION 8
Section 9c of the Trust Agreement is amended to read
as follows:
C. Capital Improvement Projects
Capital Improvement prrojects are those which will result
in enhancement of the operating capabilities or characteristics
of the Reservoir. A three - fourths vote of the ownership
interests shall be necessary to approve Capital Improvement
Projects under the conditions specified in Section 2c(ii) A
hereof; provided, however, Capital Improvement Projects may be
approved and carried out by less than three - fourths of the
ownership interests if, and only if: (1) the Owners who agree
to participate in such improvement project shall pay 100% of
the cost thereof; and (2) the project will not detrimentally
affect Reservoir use as contemplated in this Trust Agreement or
increase the cost to any non - participating Owner: All
improvement projects, whether or not approved by a three -
fourths vote of the Advisory Committee, shall be carried out or
contracted for by METROPOLITAN, as Trustee. The cost of
approved Reservoir improvement projects shall be allocated in
the percentages provided in Table I and paid in accordance with
Section 6 hereof unless an alternative method of financing is
approved. Upon the request of any Owner, METROPOLITAN shall
report to the Advisory Committee any feasible alternative
method to finance improvement projects. The Advisory Committee
may approve an alternative method to finance an improvement
project upon a three - fourths vote of the ownership interests so
long as the costs are allocated in the percentages provided in
Table I.
SECTION 9
Section 9d of the Trust Agreement is amended to read
as follows:
14
d. Payment Obligations
0
In the event that an alternative method to finance a
repair or an improvement project is approved, the Owners shall
be responsible for payments of the percentages of repair or
improvement financing costs shown in Table I. At least 30 days
prior to the due date of each payment, METROPOLITAN shall
provide the Owners with written notice of the amount of each
Owners share and the date when due. The method of payment of
each Owner's obligation shall be determined by mutual agreement
between METROPOLITAN and each Owner and may include, without
limitation, use of postdated checks or transfer of "same day"
money. METROPOLITAN shall not be required to pay interest on
any sums deposited with it prior to the due date.
SECTION 10
Section 10d of the Trust Agreement is amended to read
as follows:
d. Notices
All written notices that are required either expressly or
by implication to be given by one party to any other under this
Trust Agreement shall be deemed to have been given if delivered
personally or enclosed in a properly addressed envelope and
deposited in a United States Postal Service office for delivery
by registered or certified mail. Unless and until METROPOLITAN
is otherwise notified in writing, such notices shall be
addressed to the parties as follows:
Irvine Ranch Water District
Post Office Box DI
Irvine, California 92716
The Metropolitan Water District.of
Southern California
Box 54153
Los Angeles, California 90054
City of Huntington Beach
Post Office Box 190
Huntington Beach, California 92648
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Mesa Consolidated Water District
1965 Placentia Avenue
Costa Mesa, California 92627
15
0
`J
Laguna Beach County Water District
Post Office Box 987
Laguna Beach, California 92652
South Coast County Water District
31592 West Street
South Laguna, California 92677
SECTION 11
TIC's status, rights and obligations as an Owner and
a party in the Trust Agreement are fully terminated when this
Second Amendment becomes operative. However, although TIC's
ownership share was not subject to specified cost - sharing
obligations under this Agreement, the ownership interests
transferred became subject to all obligations, excluding any
share of IRWD's future debt service payment obligations arising
out of previously incurred bonded indebtedness.
SECTION 12
Subject to compliance with section 14, this Second
Amendment shall become operative upon final approval by each
owner, after review and consideration of the environmental
documentation by each party other than TIC, prepared by
METROPOLITAN in its capacity as lead agency for purposes of
compliance with the California Environmental Quality Act.
SECTION 13
The parties agree to substitute Exhibit G for Exhibit
A to the MOU, Exhibit H for Exhibit C to the MOU, and Exhibit I
for Exhibit D to the MOU.
SECTION 14
This Second Amendment shall become operative upon the
Transfer Date specified in the MOU. If the MOU is voided by
METROPOLITAN or any of the other Owners for a reason permitted
by the MOU or by METROPOLITAN because an Owner has failed to
comply with its obligation under the MOU, this Amendment shall
be voided.
In witness whereof, each of the parties has caused
this Amendment to be executed by its duly authorized officers
on the date hereinabove first written.
16
•
L]
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
Approved as to form:
By
FRED VENDIG
General Counsel
y
By
Jarlath (ley
Senior Deputy Ge ral Counsel
4 IRVINE RANCH WATER DISTRICT
OF
�b�r 1�oNi BY .
9/
BY .
m CITY OF HUNTINGTON BEACH
By
By
ATTfi T: CITY OF NEWPORT BEACH
B �
Mayor
City Clerk By
MESA CONSOLIDATED WATER DISTRICT
By
By
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EXHIBIT H
SAN JOAQUIN RESERVOIR - COVER
Alternative D - Influent Pipeline Lavout No. 1
Install a floating cover over the existing reservoir,
modify distribution piping, and add influent piping to deliver
water to the southerly ends of "A" and VC" Canyons.
Storaae Capacity
Potable water reservoir
Cover Size
Gross Surface area
Thickness
Anchor curb elevation
s
Chafer Recruirements
Width, along side slopes
Bottom elevation
Chafer area
Thickness
m
Added Influent Pipina
Material
Inside diameter
Length
Estimated Costs
3,000 AF
2,610,000 ft2
45 Mils
E1.471
average - -53 feet
E1.460
463,000 ft2
36 Mils
RCP /Gasketed Joints
60 inches
3,800 feet
1. Floating Cover & Appurtenances $10,409,000
2. Distribution Piping Modifications 130,000
3. Influent Piping Additions & Appurtenances 1,410,000
4. Ammonia Facilities 1,466.000
Total Estimated Construction Cost 13,415,000
Estimated Engineering & Overhead Cost 3,585,000
Total Estimated Costs $17,000,000
0
EXHIBIT I
•
SAN JOAQUIN RESERVOIR LOCAL AND EMERGENCY STORAGE ALLOCATION *
Pre 7/1/91 Post 7/1/91
Capacity Local Emer. Capacity Local Emergen.
Ownership Owner Owner Ownership Owner Owner
IRWD
1411
(46.26 %)
697
714
786
(25.77 %)
Mesa
583
(19.12 %)
288
295
324
(10.63 %)
H.B.
400
(13.11 %)
198
202
222
( 7.28 %)
MWD
300
( 9.84 %)
148
152
0
0
L.B.
156
( 5.11 %)
77
79
87
( 2.85 %)
S.C.
50
( 1.64 %)
25
25
28
( .92 %)
N.B.
86
( 2.82 %)
42
44
48
( 1.57 %)
T.I.C.
64
1 2.10 %)
32
32
0
0
261 525
107 217
73 149
0 0
29 58
9 19
16 32
0 0
(52.54 %)
(21.71 %)
(14.86 %)
0
(5.81 %)
(1.84° %)
(3.24 %)
0
TOTAL 3050 1100.00 %) 1507 1543 1495 49.02% 495 1000 100.00%
NOTE:
Post 7/1/91 local emergency is allocated to each owner based
upon their pre 7/1/91 percentage ownership of emergency storage
after adjusting for the exclusion of MWD and TIC. Local
seasonal storage is then based upon post 7/1/91 capacity
ownership less local emergency ownership.
m
r-
�� hb
IR111 ?: R:I1f H
11,4}:H INJIR4T
I RV I 1 E RANCH WATER 111STI 117 P.O. Box 6025. 18802 Bardeen Ave.. Irvine, CA 927f6-6G25.(714)476-75G0
July 29, 1991
To: San Joaquin Reservoir Advisory
Committee
SUBJECT: SALE OF CAPACITY AND SECOND AMENDATORY
AGREEMENT TO THE SAN JOAQUIN RESERVOIR
Enclosed for your files is an executed copy of the Sale of
Capacity Agreement and Second Amendatory Agreement for the
San Joaquin Reservoir.
If you have any questions regarding this matter, please
feel free to cont<-ct me.
Sin re y,
Rontl?NW Yc
Gen ril\Man<
Enclosure
lk
BY THE CITY CUJ
CITY OF NEWPOiiT BEt
l ' City Council Meeting
IKAI 1 3 1° 1 R November 13, 1990
Agenda Item No. F-3(h)
TO: MAYOR PLUMMER AND MEMBERS OF THE CITY COUNCIL
From: Robert J. Dixon, Utilities Director C — 2_1 3
SUBJECT: SECOND AMENDATORY AGREEMENT TO THE SAN
JOAQUIN RESERVOIR TRUST AGREEMENT
Recommended action: If desired, approve the amendments to the San
Joaquin Reservoir Trust Agreement providing for transfer of majority
ownership to the Metropolitan Water District.
Background: San Joaquin Reservoir (SIR) is vital to Newport's water service
and supply. Recognizing this the City Council in October 1989 approved a
Memorandum of Understanding among the various owners of SIR. This
MOU provided for the writing of amendments to the governing Trust
Agreement that would transfer a portion of each of the present owners
capacity rights in SIR to MWD to the extent that MWD would have control of
the reservoir. In exchange for these transferred rights, MWD will pay for the
cost of the needed water quality improvements.
San Joaquin Reservoir is the source of supply for almost all water used in the
City of Newport Beach and due to its location and elevation eliminates in
large part the need for pumping water. The reservoir is managed by the
Metropolitan Water District (MWD) on behalf of the several owners.
Newport Beach owns 86 acre -feet of water storage in the reservoir, slightly
less than 3% of the capacity.
The State Department of Health has notified the owners of the reservoir that
the water quality problems connected with an open reservoir must be
resolved. SIR has experienced numerous water quality problems since the
reservoir became operational in 1966. In the past two years, the reservoir has
been taken out of service on more than 15 occasions because of
microbiological problems, In December, a new regulation placing stringent
limits on coliform bacteria will have severe ramifications for the operation of
SIR (i.e., removal of the reservoir from service for an indefinite period of
time).
The amended agreement has been competed and is presented to the Council
for approval. Newport will retain 43 acre -feet of storage in SIR, the City's s 41
share of debt service for the reservoir will continue as at present for the next
two years at which time the debt will be amortized.
Following approval of the amended agreement, MWD will proceed with the
needed water quality improvements required to keep San Joaquin Reservoir
in service.
This matter was discussed by the Utilities Committee at its meeting on
October 29, 1990. The Utilities Committee recommended that the agreement
be brought to the City Council with a recommendation for approval.
Resp ully submitted,
i
Robert J. Dixon
Utilities Director
2
a
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: March 15, 1990
SUBJECT: Contract No. C -2193
Description of Contract San Joaquin Resemir Mamrandum of
Understanding
Effective date of Contract
Authorized by Minute Action, approved on September 11, 1989
Contract with The Metropolitan Water District of Southern California;
Address Irvine Ranch Water District, etc.
Amount of Contract (See Agrewient)
"94aa' C i ' e
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
rd eri
a
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: March 15, 1990
SUBJECT: Contract No. C -2193
Description of Contract San Joaquin Resemir Mamrandum of
Understanding
Effective date of Contract
Authorized by Minute Action, approved on September 11, 1989
Contract with The Metropolitan Water District of Southern California;
Address Irvine Ranch Water District, etc.
Amount of Contract (See Agrewient)
"94aa' C i ' e
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
• September 11, 1989
CITY COUNCIL AGENDA
ITEM NO. F -3(c)
TO: MAYOR STRAUSS AND MEMBERS OF THE CITY COUNCIL y -(,: i} OUNrI1
From: Utilities Director
CfT" ) . _NPP;T �Exi
SUBJECT: SAN JOAQUIN RESERVOIR MEMORANDUM OF UNDERSTANDING S EP 11 1989
C - 2/ 93 APPMER.
RECOMMENDATION:
If desired, authorize the Mayor and City Clerk to enter into
a Memorandum of Understanding (MOU) with the participants in
the San Joaquin Reservoir Trust Agreement that provides for
the purchase of certain rights in the reservoir by the
Metropolitan Water District of Southern California (MWD),
and for certain capital improvements to remedy its water
quality problems.
BACKGROUND:
San Joaquin Reservoir which is situated just beyond the boundaries of
the City of Newport Beach supplies all of the water used within the
City. Customers receive their water either directly from San Joaquin
or indirectly through Big Canyon Reservoir which is supplied with
San Joaquin water.
Construction of San Joaquin Reservoir was started in January 1963. It
was originally owned by the Irvine Ranch Water District which leased out
capacity to others. MWD began operating the reservoir by agreement in
1966. In 1980 a Trust Agreement was signed among the now several owners
providing for the operation of the Reservoir. San Joaquin is a 3,050 acre -
foot reservoir (approximately one billion gallons). Newport Beach owns
64 acre -feet of capacity within the reservoir.
Since 1976 water quality problems have seriously impacted the operation
of San Joaquin and traveled from San Joaquin into the Newport system.
Among the problems have been bacteriological organisms, midge fly larvae,
African clawed frogs, algae growth, and turbidity. The frogs were
eliminated in a massive cleaning operation in 1985. Heavy chlorination
of the reservoir has reduced bacteria and algae levels. The use of
chlorination, however, has created trihalomethanes (TTHM), a group of
compounds that are suspected human carcinogens. Total TTHMs levels have
been near the maximum allowable limits for drinking water. These standards
are to be made more stringent under the 1988 revision to the Federal Safe
Drinking Water Act. Water from San Joaquin is not expected to meet new
standards.
The State Department of Health Services has directed the San Joaquin
Trust members to rectify the water quality problems at San Joaquin. If
not rectified, the reservoir may be taken out of service or the suppliers
of water from San Joaquin will be required to notify all consumers of the
potential hazards.
SUBJECT: SAN JOAQUIN RESERVOIR MEMORANDUM Of UNDERSTANDING
Page 2
The supply of safe drinking water is a basic function of government. Given
conditions at San Joaquin it has become increasingly difficult for the City
to supply water of a consistently high quality. During the past few months
the City's water supply has suffered algae problems, the outbreak of midge
fly larvae, and taste and odor problems. All relate directly to the situa-
tion at San Joaquin.
In order to rectify the water quality problems and to maintain the reservoir
in service, the members of the Reservoir Trust have agreed, pending approval
by their respective Councils and Boards, to sell a portion of their capacity
in the Reservoir to MWD. The monies received from the sale will be used to
fund the needed water quality improvements. Under the terms of the agreement
Newport Beach would sell 21 acre feet of its 64 to MWD.
As part of the agreement the City would not be obligated to pay monies in
excess of those received for water quality improvements.
The Water Committee at its meeting on August 25, 1989 declared that the
quality of the drinking water supplied to the residents of the City is to
receive the highest possible consideration. The Committee noted that a
number of residents of the City have homes overlooking San Joaquin Reservoir.
The final decision as to what is done to mitigate the water quality problems
at San Joaquin will have an impact on these residents. The Water Committee
has requested staff to work with MWD and the homeowners to provide a workable
solution.
The Water Committee reviewed the MOU at its meeting on August 25, 1989
and unanimously support it and recommend it to the Council for adoption.
A copy of the report of the MWD General Manager and his Board of Directors
is attached to this report for your information.
Res e tfully submitted
yy�
Robert J. Dixon
Utilities Director
RJD:hh
Attachment
Z
F
0
9 8 -3
• AM0
�1 MFTROPOUTAN WATER DISTRICT OF SOUTHERN CALIFORNIA
August 7, 1989
N
(Water Problems Committee -- Action)
ro: Board of Directors (Engineering and Operations Committee -- Action)
Fnn,_ General Manager
Memorandum of Understanding for Water Quality Improvement and
Revised Ownership at San Joaquin Reservoir
Summary
By letter dated June 27, 1988, your Board was
provided information regarding the water quality problems at
San Joaquin Reservoir and was advised that negotiations were
under way to address these problems and to increase
Metropolitan's ownership rights in the reservoir for
operational purposes. As recommended by that letter, the
• Board approved Appropriation No. 561 to fund a preliminary
engineering study and preparation of an EIR for anticipated
capital improvements to remedy water quality problems at the
reservoir. A draft preliminary engineering study has been
completed, identifying several project alternatives, with
estimated costs ranging from $12 million to over $100 million,
and the draft EIR has been circulated for public comment.
•
The long -term water supply needs of those water
agencies served by San Joaquin Reservoir and the connected
pipelines are being addressed in the south Orange County
study. Any project resulting from that study would probably
not be available much before year 2000. For the near future,
Metropolitan will not have capacity in the San Joaquin
Reservoir area to provide normal level of service unless we
can fully integrate the reservoir into Metropolitan's
distribution operations. Under current ownership percentages,
Metropolitan's share of the reservoir capacity, and hence its
operating flexibility, is quite limited.
Metropolitan has been negotiating with the other
owners of the reservoir to reach a Memorandum of Understanding
whereby Metropolitan can increase its operating flexibility,
and needed capital improvements can proceed. The proposed MOU
is now being circulated for approval by all members of the
0
Board of Directors -2- August 7, 1989 •
Trust. The essential terms and conditions of this MOU provide
that the other owners collectively sell a certain portion of
their capacity to Metropolitan and contribute $8,332,800 to
the cost of the capital improvements, and that Metropolitan
perform the needed capital improvements and fund the remaining
portion of the cost. The MOU provides that capital
improvement work to resolve water quality problems will be
subject to full compliance with California Environmental
Quality Act (CEQA). The proposed authorization itself is
therefore exempt from CEQA.
Recommendation
That the General Manager be authorized to enter into
a Memorandum of Understanding (MOU) with the participants in
the San Joaquin Reservoir Trust Agreement that provides for
the purchase of certain rights in the reservoir by
Metropolitan, and for capital improvements to remedy its water
quality problems, substantially on the terms set out in the
Detailed Report; such MOU to be in a form approved by the
General Counsel. •
Detailed Report
By letter dated June 27, 1988, your Board was
provided information regarding the water quality problems at
San Joaquin Reservoir and was advised that negotiations were
under way to address.these problems and to increase
Metropolitan's ownership rights in the reservoir for
operational purposes. The Board approved the recommendations
contained in that letter authorizing Appropriation No. 561 in
the amount of $380,000 to fund a preliminary engineering
study, and the preparation of an Environmental Impact Report
(EIR) for anticipated capital improvements to remedy water
quality problems at the reservoir.
A draft preliminary engineering study has been
completed, and it identifies several project alternatives,
including a floating cover, fixed covers, replacement of the
reservoir with a pipeline, no project, an effluent filtration
plant and abandonment of the reservoir. The estimated cost of
the project's alternatives that entail construction of a
facility vary from $12 million to over $100 million. The
draft EIR has been completed and circulated for public
comment. We expect that the final EIR will be presented to
the Board about December 1989, at which time funding for the •
purchase of capacity rights and the final design of any
selected project will be requested.
7
1
•
•
i
Board of Directors -3-
August 7, 1989
The San Joaquin Reservoir is jointly owned by
Metropolitan and a number of local agencies (Local Owners)
under terms and conditions specified in the San Joaquin
Reservoir Trust Agreement. Under this trust agreement.
Metropolitan owns the water in the reservoir and operates and
maintains the reservoir, but storage capacities and costs are
shared according to ownership percentages as shown in
Exhibit A. Metropolitan's ownership is currently 9.84 percent.
As part of our continuing projection of future water
demands and facility studies, we have evaluated both the near
and long -term needs of those water agencies served from
San Joaquin Reservoir and the connected pipelines. The
long -term needs of the area are being addressed in
Metropolitan's south Orange County study. However, any
project resulting from that study would probably not be
available to serve the area much before year 2000. Between
now and the time a project to meet the long -term needs can be
available. Metropolitan does not have capacity in the San
Joaquin Reservoir area to provide the same level of service
that is provided to other areas of our system.
Preliminary estimates of future water demands in the
south Orange County area currently served by San Joaquin
Reservoir indicate that demands will exceed Metropolitan's
present system capacity by 1992. Better integration of the
reservoir into Metropolitan's distribution operations is
essential to meeting these increased demands. To do this, the
reservoir must be operated in a fill -draft mode, and the water
quality problems being experienced at the reservoir must be
resolved.
Under current ownership percentages, Metropolitan's
share of the reservoir capacity, and hence its operating
flexibility, is quite limited. The majority of the reservoir
capacity is currently owned by the Local Owners and must be
reserved for their regulatory and emergency storage needs. In
addition, the Local Owners have been generally unwilling to
fund a large capital expenditure for a water quality
improvement project without a change in the existing ownership
agreements.
Negotiations between Metropolitan and the Local
Owners have been under way for some time to arrive at terms
under which Metropolitan can increase its operating
flexibility, and the needed capital improvements can be
funded. A Memorandum of Understanding (MOU) which would
accomplish these objectives by amending the existing trust
agreement is now being circulated for approval by all members
0 0
Board of Directors _4- August 7, 1989 •
of the San Joaquin Reservoir Trust Agreement. The MOU
provides for the following:
• The Local Owners agree, on or before July 1, 1991,
to sell to Metropolitan 1,255 acre -feet of capacity
rights in the reservoir. This would be in addition
to capacity already owned by Metropolitan. The
purchase price to be paid by Metropolitan to the
Local Owners will be $6,640 per acre -foot, payable in
a single payment of $8,332,800.
• The Local Owners agree that they will collectively be
responsible for $8,332,800 of the cost for the
required capital improvements in proportionate shares
based on their post - transfer capacity rights as shown
in Exhibit A.
• Metropolitan agrees, subject to full compliance with
the California Environmental Quality Act (CEQA), to
perform the capital improvement work at the reservoir
as necessary to resolve the identified water quality
problems. A series of alternatives, including the no •
action alternative, have been analyzed in the draft
EIR.
• The Local Owners agree that Metropolitan's capacity
rights may be fully utilized to meet seasonal and
regulatory water service needs.
• The Local Owners agree that if after compliance with
CEQA Metropolitan cannot go forward with the water
quality improvement project or if the allowable
improvement project is determined by Metropolitan to
be not cost effective, Metropolitan can, at its
discretion, void the MOU.
• Metropolitan agrees that if it does not proceed in
good faith or if sufficient progress toward the
accomplishment of the water quality improvement
project is not evident by June 1, 1991, the Local
Owners will be entitled to void the MOU, unless an
extension of time is granted.
• If as provided above, the MOU is voided by
Metropolitan or by the Local Owners, the Trust
Agreement will continue in effect unmodified.
is
I
U
n
J
•
Board of Directors -5- August 7, 1989
• All parties agree that the proportion of operation
and maintenance cost - sharing related to the
transferred capacity will change incrementally over a
nine -year period, as described in Exhibit B.
The proposed revisions to the San Joaquin Reservoir
Trust Agreement are the result of considerable negotiation and
represent a framework to carry out necessary changes to
ownership proportions and to obtain needed participation by
Local Owners in the essential improvement project. Under the
MOU, the amount to be paid by the Local Owners is fixed at
$8,332,800 regardless of the actual cost of the improvement
project. Metropolitan will be obligated to fund the remaining
portion of the cost.
Because the subject MOU provides that capital
improvement work to resolve water quality problems will be
subject to full compliance with CEQA, no environmental review
or documentation is required for your Board to act on this
request. The proposed authorization is exempt from CEQA
because it consists of a paper transaction only which does not
commit the District to an activity that could adversely affect
the physical environment.
REW /WFM /red
Attachments
Cak Boronkay
EXHIBIT A
Name
Existing
Percentage
Post - Transfer
Post - Transfer
of Agency
Capacity AF
Ownership
Capacity AF
_
Percent /Own
Irvine Ranch Water
District 1,411
46.26
671
22.00
Mesa Consolidated Water
District 583
19.11
278
9.12
Huntington Beach
400
13.11
400
13.11
Metropolitan
300
9.84
1,555
50.98
Laguna Beach County
Water District 156
5.12
78
2.56
South Coast County
Water District 86
2.82
25
.82
The Irvine Company
50
1.64
- --
- --
Newport Beach
64
2.10
43
1.41
• TOTAL
3.050
100.08
3.050
100.08
•
8
EXHIBIT B
MAINTENANCE COST - SHARING OBLIGATION
RELATED TO TRANSFERRED CAPACITY
Capacity
Ownership
/O &M Obligation
MWD
OTHERS
Fiscal Year
AF
%
AF
8
1987 -88
300
9.84
2,750
90.16
1988 -89
300
9.84
2,750
90.16
1989 -90
300
9.84
2,750
90.16
1990 -91
300
9.84
2,750
90.16
1991 -92
450
14.75
2,600
85.25
1992 -93
600
19.67
2,450
80.33
•
1993 -94
750
24.59
2,300
75.41
1994 -95
900
29.51
2,150
70.49
1995 -96
1,050
34.43
2,000
65.57
1996 -97
1,200
39.34
1,850
60.66
1997 -98
1,350
44.26
1,700
55.74
1998 -99
1,500
49.18
1,550
50.82
1999 - Forward
1,555
50.98
1,495
49.02
111111.1[ I111VII 111TE111 111STIIIIIT
Mr. Carl Boronkay
Metropolitan Water District
of Southern California
1111 Sunset Boulevard
Los Angeles, CA 90054
Dear Mr. Boronkay:
P.O. Box 0 -I • 18802 Bardeen Ave. • Irvine. CA 92716.6025 • (714) 476.7500
March 12, 1990
Enclosed, please find the original copy of the Memorandum of Understanding
(MOU) between the Local Owners of San Joaquin Reservoir and the Metropolitan
Water District of Southern California (Metropolitan) as executed by the Local
Owners. This MOU is intended to provide the basis for amending the San
Joaquin Reservoir Trust Agreement to allow for transfer of capacity rights
from the Local.Owners to Metropolitan and for the financing of certain capital
improvements. In preparing the MOU, representatives of both the Local Owners
and Metropolitan have focused on technical concerns; we envision that as
Metropolitan drafts the amendment to the Trust Agreement it will adhere
strictly to the areas described in the MOU and leave unchanged all areas of
the Trust Agreement uneffected by the MOU.
It is our understanding that Metropolitan desires to have an executed
amendment to the Trust Agreement in place by July 1, 1990. To realize this
goal, the Local Owners will need to receive a draft amendment no later than
mid- March. This will enable the Local Owners to review and comment on the
draft, and to move it through our respective Boards in a timely manner.
It will be most helpful to the Local Owners if Metropolitan provides to them
timetable for completion of the capital improvements and coordinates all
communications regarding both the amendment process and the capital
improvement schedule through the chairman of the San Joaquin Reservoir
Advisory Committee.
The Local Owners are pleased to have approved the MOU and believe that the
process of amending the Trust Agreement should be greatly facilitated as a
result. We are indebted to Mr. Paul Singer and Mr. Maynard Sein of your staff
for their efforts.
Sincerely,
Ronal'd E. Young
Chairman, San Joaquin
REYIDF:vjw
0772D
Reservoir Advisory Committee
page 2
MOU
cc:
Robert J. Dixon, City of Newport Beach
David Ferguson, Irvine Ranch Water District
Karl Kemp, Mesa Consolidated Water District
Walt McDaniels, South Coast County Water District
Jeff Renna, City of Huntington Beach
Joseph A. Sovella, Laguna Beach County Water District
Jeff Staneart, City of Newport Beach
Dayne Stiles, The Irvine Company
0 0 C-2_195
OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING is made and entered -
into this day of , 1989 by and between IRVINE
RANCH WATER DISTRICT, CITY OF HUNTINGTON BEACH, CITY OF
NEWPORT BEACH, MESA CONSOLIDATED WATER DISTRICT, LAGUNA
BEACH COUNTY WATER DISTRICT, SOUTH COAST WATER DISTRICT and
THE IRVINE COMPANY (collectively, the "Local Owners ") and
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
( "Metropolitan ") (the Local Owners and Metropolitan are
together referred to as the "Owners ").
RECITALS:
A. The parties to this Memorandum of Understanding
(the "MOU") are the parties to an agreement dated July 1,
1980, designated the San Joaquin Reservoir Trust Agreement
(the "Trust Agreement "), providing for the ownership, manner
of use, maintenance and operation, improvement and repairs
of the San Joaquin Reservoir as described therein ( "the
Reservoir ") .
B. The parties hereto believe it is necessary for
certain capital improvement work to be accomplished at the
Reservoir to resolve identified water quality problems
including, but not limited to, midge larvae, frogs, TTHMS,
shrimp, air entrapment and coliform bacteria.
C. Metropolitan is willing to perform the needed
capital improvement work presently estimated to cost $17
million pending compliance with California Environmental
Quality Act requirements, subject to a contribution toward
such cost from the Local Owners of $8,333,400.
D. The parties believe that it would be beneficial
for the Local Owners to collectively transfer a certain
portion of their capacity (which Metropolitan administers in
trust for them under the Trust Agreement) to Metropolitan.
E. Some of the Local Owners may elect to pay in cash
their respective proportional obligations to contribute to
the $8,333,400 share of the capital improvements to be paid
by the Local Owners, and other Local Owners may wish to
apply the money they would receive from Metropolitan in
consideration for the transfer of their capacity to
Metropolitan, as a credit toward such respective
proportional obligations.
F. In conjunction with the above described transfer
of capacity, the parties wish to define certain operating
criteria whereby Metropolitan will operate the Reservoir and
the relationship of the utilization of Metropolitan's
JCA /1651
02/22/90
• •
capacity and storage rights to the operation of the
remaining capacity rights of the Local Owners.
G. The above described accomplishment of capital
improvement work, purchase and sale of capacity, and
definition of operating responsibilities and rights would
for the most part be governed by the terms of the existing
Trust Agreement, but the parties believe it would be
desirable to make some minimal changes to the Trust
Agreement for these purposes.
NOW, THEREFORE, the parties to this Memorandum of
Understanding do agree to proceed with the capital
improvement work, definition of operating responsibilities
and rights, purchase and sale of capacity, and amendment of
the Trust Agreement according to the understandings set
forth as follows:
Section 1. Purchase of Capacity by Metropolitan. On
or before July 1, 1991, the Local Owners will sell to
Metropolitan and Metropolitan will purchase from the Local
Owners, 1,255 acre feet of capacity rights (in addition to
capacity already owned by Metropolitan) in the Reservoir.
The Local Owners will determine among themselves how much
capacity each will transfer to Metropolitan but it is a
condition of the purchase and sale that the total
transferred by all Local Owners will equal 1,255 acre feet.
The purchase price to be paid by Metropolitan will be $6,640
per acre foot, payable in a single payment of $8,333,400 on
July 1, 1991 (the "Transfer Date ") to the Local Owners in
their respective proportions as set forth in Exhibit A
attached to this MOU and incorporated herein by reference,
subject to the provision in Section 2 hereof relating to an
extension of time. The transfer to Metropolitan of
capacity, together with all attendant proportional
obligations except the obligation to share operation and
maintenance costs and existing debt service in proportion tc
such capacity, will occur on the Transfer Date. The
transfer of the operation and maintenance cost - sharing
obligation related to such transferred capacity will occur
incrementally as described in Exhibit B attached to this MOU
and incorporated herein by this reference.
Section t Capital Improvement Work. Metropolitan
agrees, subject to full compliance with the California
Environmental Quality Act, to perform the capital
improvement work at the Reservoir as necessary to resolve
the identified water quality problems. This work is
estimated to cost $17 million and is, as currently
contemplated, described in Exhibit C attached to and
incorporated in this MOU. If, after compliance with the
California Environmental Quality Act, Metropolitan cannot
-2-
JCA /1651
02/22/90
for any reason go forward with improvements needed to assure
adequate water quality, or if the estimated cost of the
capital improvements exceeds such $17 million estimate, as
determined by reliable estimates or the bids received for -
such work, by an amount sufficient to render the project
economically unjustifiable to Metropolitan, Metropolitan
will be entitled to void this MOU (or such agreement as may
then have superseded this MOU). If Metropolitan does not
proceed in good faith to expeditiously obtain compliance
with the California Environmental Quality Act and take all
necessary steps toward the accomplishment of the needed
capital improvement work by June 1, 1991, the Local Owners
will be entitled to void this MOU (or such agreement as may
then have superseded this MOU), unless the Local Owners
unanimously consent to an extension of time, which will
result in a like change of the Transfer Date. If this MOU
(or such agreement as may then have superseded this MOU) is
voided in either case, the Trust Agreement will then
ro;itinue in effect unmodified by this MOU (or any agreement
based on this MOU). The foregoing notwithstanding, the
transfer of capacity contemplated herein shall not occur
until Metropolitan has awarded a contract(s) for all of the
work, and the Transfer Date will be postponed automatically
if necessary until the date when the last of such
contract(s) has been awarded.
Improvements. The Local Owners will collectively be
responsible for $8,333,400 of the cost of the required
capital improvements, in proportionate shares as set forth
on Exhibit A, based on their post - transfer capacity rights,
except that The Irvine Company will not be responsible for
any of such cost, as shown in Exhibit A. Such amount will
be due and payable to Metropolitan in a lump sum payment on
the Transfer Date. Each Local Owner may receive a credit
against its obligation under this Section, up to the amount
of its share of the purchase price payable on such date by
Metropolitan under Section 1 hereof. If the credit to a
Local Owner exceeds its share of cost as a result of its
having transferred more than its proportionate share of the
collective capacity transferred to Metropolitan, such Local
Owner will receive the difference in cash from the amount
paid by Metropolitan for the collective capacity transfer as
shown in Exhibit A. Those Local Owners who elect not to
transfer (sell) capacity and receive credit therefor as
provided above will pay their proportionate shares of the
capital improvement cost in cash on the Transfer Date.
Notwithstanding the abov
Owners (except for The
pay their proportionate
JCA /1651
02/22/90
ice Re
e- aescribea transfer, the Local
Irvine Company) agree to continue to
shares of the debt service under
-3-
Section 4 and Table II of the Trust Agreement, modified to
reflect pre- transfer capacity shares as shown in Exhibit A.
Section 5. Amendment of the Trust Agreement. The
Local Owners agree to amend Section 9(c) of the Trust
Agreement, relative to capital improvement projects to
enhance the operating capabilities or characteristics of the
Reservoir, to provide that any discretionary improvement
work will require the approval of the Owners of at least
three - fourths of the collective capacity rights in the
Reservoir.
Section 6. Operating Criteria Modifications. The
Local Owners agree to amend Section 5 of the Trust Agreement
to make the following changes in the criteria for operation
and use of capacity rights in the Reservoir:
(a) Metropolitan's capacity rights may be fully
utilized to meet seasonal and regulatory water service
needs.
(b) Emergency storage rights of the respective Local
Owners as described in Sections 5(a), 5(f)(iii) and 5(f)(iv)
of the Trust Agreement will be unchanged except that the
extent of such rights will be modified based on the
respective Local Owners' capacity rights after the transfer
of 1,255 acre feet to Metropolitan pursuant to Section 1
hereof.
(c) Section 5(a) of the Trust Agreement will be
modified to change the emergency storage elevation in the
reservoir from 438 feet to 423 feet. The allocation of the
storage rights within the Reservoir will be as set forth in
Exhibit D to this MOU, attached hereto and incorporated
herein, with the remaining storage above the emergency
storage level (2,050 acre feet) to be "vertical storage"
available to be withdrawn by both the Local Owners and
Metropolitan simultaneously without distinction as to which
increment of capacity is being utilized. Accordingly,
Section 5(d) and Table III of the Trust Agreement will be
modified.
Understand
ve
requires by the Trust Agreement, Metropolita
the reservoir continuously within the "Mode
criteria established by a report prepared by
Montgomery Consulting Engineers in 1977 (the
Criteria" as defined in the Trust Agreement)
includes criteria for peak month, peak week
withdrawals. It is the intent of the Local
-4-
JCA /1651
02/22/90
peration. As
n will operate
C" drawdown
James M.
"Operating
Such "Mode C"
and peak day
Owners that the
observance of & "Mode C" criteria will Aid the need for
costly slope modifications to the Reservoir, Therefore,
responsibility for future slope failures will be shared by
all Owners in proportion to their respective ownership
rights in the Reservoir.
Section 8. By execution of this MOU, each party
evidences its agreement in principle to the concepts set
forth herein and covenants to negotiate in good faith with
the other parties to develop any necessary agreements for
the above described capital improvement work, transfers and
operating modifications, as well as mutually acceptable
amendments to the Trust Agreement.
IN WITNESS WHEREOF, each of the parties has caused this
Memorandum of Understanding to be executed by its duly
authorized officers on the date hereinabove first written.
APPROVED AS TO FORM: THE METROPOLITAN WATER DISTRICT OF
General Counsel SOUTHERN CALIFORNIA
By By
Deputy General
Counsel
By
IRVINE RANCH WATER DISTRICT
By
By
CITY OF HUNTINGTON BEACH
By
By
-5-
JCA /1651
02/22/90
• 0
CITY OF NEWPORT BEACH
By
By
MESA CONSOLIDATED WATER DISTRICT
By
By
LAGUNA BEACH COUNTY WATER DISTRICT
By
By
SOUTH COAST WATER DISTRICT
By
By
THE IRVINE COMPANY
By
By
-6-
JCA /1651
02/22/90
0 0
observance of the "Mode C" criteria will avoid the need for
costly slope modifications to the Reservoir. Therefore,,
responsibility for future slope failures will be shared by
all owners in proportion to their respective ownership
rights in the Reservoir.
Section 8. By execution of this MOU, each party
evidences its agreement in principle to the concepts set
forth herein and covenants to negotiate in good faith with
the other parties to develop any necessary agreements for
the above described capital improvement work, transfers and
operating modifications, as well as mutually acceptable
amendments to the Trust Agreement.
IN WITNESS WHEREOF, each of the parties has caused this
Memorandum of Understanding to be executed by its duly
authorized officers on the date hereinabove first written.
APPROVED AS TO FORM: THE METROPOLITAN WATER DISTRICT OF
General Counsel SOUTHERN CALIFORNIA
By By
Deputy General
Counsel
By
IRVINE RANCH WATER DISTRICT
APPROVED AS TO FORM: By
By
CITY OF HUNTINGTON BEACH
to
35
-5-
• 0
observance of the "Mode C" criteria will avoid the need for
costly slope modifications to the Reservoir. Therefore,.
responsibility for future slope failures will be shared by
all owners in proportion to their respective ownership
rights in the Reservoir.
Section 8. By execution of this MOU, each party
evidences its agreement in principle to the concepts set
forth herein and covenants to negotiate in good faith with
the other parties to develop any necessary agreements for
the above described capital improvement work, transfers and
operating modifications, as well as mutually acceptable
amendments to the Trust Agreement.
IN WITNESS WHEREOF, each of the parties has caused this
Memorandum of Understanding to be executed by its duly
authorized officers on the date hereinabove first written.
APPROVED AS TO FORM: THE METROPOLITAN WATER DISTRICT OF
General Counsel SOUTHERN CALIFORNIA
By By
Deputy General
Counsel
!-
IRVINE RANCH WATER DISTRICT
0
M
APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH
By 7 -S -y By
Gp - City Attorney 4g, $j
ATTEST: By
By zg-
City Clerk f,
-5-
• •
CITY OF NEWPORT BEACH
Lm
By
MESA CONSOLIDATED WATER DISTRICT
By (2. C�41X — -
Pr 'si ,�!nt of the Board
By �(R, .N�lur
District Secretary
LAGUNA BEACH COUNTY WATER DISTRICT
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SOUTH COAST WATER DISTRICT
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-
THE IRVINE COMPANY
!10
• •
CITY OF NEWPORT BEACH -
MESA CONSOLIDATED WATER DISTRICT
By
By
LAGUNA BEACH COUNTY WATER DISTRICT
By
By
SOUTH COAST WATER DISTRICT
By
By
THE IRVINE COMPANY
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CITY OF NEWPORT BEACH
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MESA CONSOLIDATED WATER DISTRICT
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LAGUNA BEACH COUNTY WATER DISTRICT
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SOUTH COAST WATER DISTRICT
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THE IRVINE COMPANY
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CITY OF NEWPORT BEACH
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CITY OF NEWPORT BEACH
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MESA CONSOLIDATED WATER DISTRICT
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N f+f
EXHIBIT B
MAINTENANCE
RELATED
COST-
TO TRANSFERRED
SHARING OBLIGATION
CAPACITY
Capacity Ownership /O b N Obligation
NWD
OTHERS
Fiscal Year
AF
%
AF
%
1987 -88
300
9.84
2,750
90.16
1988 -89
300
9.84
2,750
90.16
1989 -90
300
9.84
2,750
90.16
1990 -91
300
9.84
2,750
90.16
1,91 -92
450
14.75
2.600
85.25
1992 -93
600
19.67
2,450
80.33
1993 -94
750
24.59
2.300
75.41
1994 -1995
900
29.51
2,150
70.49
1995 -1996
11050
34.43
2.000
65.57
1996 -1997
1,200
39.34
1.850
60.66
1997 -1998
1.350
44.26
1,700
55.74
1998 -1999
1,500
49.18
1.550
$0.82
1999 - Forward
1,555
50.98
1,495
49.02
0 EXHIBIT C 0
SAN 30AOUIN RESERVOIR — COVER
Alternative D — Influent Pipeline Layout No. 1
Install a floating cover over the existing reservoir, modify distribution
piping, and add influent piping to deliver water to the southerly ends of "A"
and "C" Canyons.
Storage Capacity
Potable water reservoir 3,000 AF
Cover Size
Gross surface area 2,610,000 ft2
Thickness 45 Mils
Anchor curb elevation E1. 471
Chafer Requirements
Width, along side slope Average 53 feet
Bottom elevation E1. 460
Chafer area 463,000 ft2
Thickness 36 Mils
Added Influent Piping
Material RCPIGasketed Joints
Inside diameter 60 inches
Length 3,800 feet
Estimated Costs — Based on Award in July, 1989
1. Floating Cover & Appurtenances $10,409,000
2. Distribution Piping Modifications 130,000
3. Influent Piping Additions & Appurtenances 1,410,000
4. Ammonia Facilities 1.466.000
Total Estimated Construction cost 11,949,000*
Estimated Engineering and Overhead Cost 3.585.000
Total Estimated Costs $17.000.000
*Note: Ammonia facilities are not included in the total estimated construction
cost as they are required to meet water quality considerations; they are
included in the total estimated cost of $17,000,000.
0631D
0
EXHIBIT D
u
SAN JOAQUIN RESERVOIR LOCAL AND EMERGENCY STORAGE ALLOCATION
NOTE:
Post 7/1/91 local emergency is allocated to each owner based upon their pre
7/1/91 percentage ownership of emergency storage after adjusting for the
exclusion of MWD and TIC. Local seasonal storage is then based upon post 7/1/91
capacity ownership less local emergency ownership. Subsequently, Huntington
Beach reduces their local ownership from 251 acre feet to 217 acre feet by
increasing the local owner capacities of Costa Mesa and Newport Beach to 90 and
14 acre feet respectively. Huntington Beach's emergency storage is consequently
increased by an amount equal to their transfer of local storage, 34 acre feet.
Pre 7/1/91
Post 7/1/91
Capacity
Local
Emer.
Capacity
Local
Emergency
Ownership
Owner
Owner
Ownership
Owner
Owner
IRWD
1411
( 46.26 %)
697
714
666
(21.84 %)
141
525
( 52.53 %)
Mesa
583
( 19.12 %)
288
295
276
( 9.05 %)
90
186
( 18.6D %)
H.B.
400
( 13.11 %)
198
202
400
(13.11 %)
217
183
( 18.30 %)
MWD
300
( 9.84 %)
148
152
0
0
0
0
0
L.B.
156
( 5.11 %)
77
79
85
( 2.79 %)
27
58
( 5.81 %)
S.0
50
( 1.64 %)
25
25
25
( .82 %)
6
19
( 1.86 %)
N.B.
86
( 2.82 %)
42
44
43
( 1.41 %)
14
29
( 2.90 %)
T.I.C.
64
( 2.1
32
32
0
0
0
0
0
TOTAL
=
(100.00 %)
]UZ
15.0
]U
(49.D2 %)
X95
=
(]�9iQls)
NOTE:
Post 7/1/91 local emergency is allocated to each owner based upon their pre
7/1/91 percentage ownership of emergency storage after adjusting for the
exclusion of MWD and TIC. Local seasonal storage is then based upon post 7/1/91
capacity ownership less local emergency ownership. Subsequently, Huntington
Beach reduces their local ownership from 251 acre feet to 217 acre feet by
increasing the local owner capacities of Costa Mesa and Newport Beach to 90 and
14 acre feet respectively. Huntington Beach's emergency storage is consequently
increased by an amount equal to their transfer of local storage, 34 acre feet.
* ! f
RECORDING REQUESTED BY 84- 107305
AND RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
DOCUMENTARY TRANSFER TAX
(Exempt: Rev. & Tax Code 5 11922)
RECORDING FEE EXEMPT
(Exempt: Gov't. Code S 6103) C2
RECORDED IN OFFICIAL RECORDS
Of ORANGE COUNTY, CALIFORNIA
-315 PM MAR 14'84
LEE A. BRANCH, County Recorder
<r
MEMORANDUM OF GRANT OF INTEREST b; IL
IN REAL PROPERTY -7 APP 161'934a
On December 23, 1981, for a valuable con �-"era7t,1117
receipt of which is acknowledged, IRVINE RANCH WAT QI,IiTt�
a public agency, granted and delivered to CITY OF RT�
BEACH, a municipal corporation, fifty (50) acre feet _.
storage capacity, constituting an undivided 1.64 percent
interest in the real property in the City of Irvine, County
of Orange, California described in Exhibit "A ". Said grant
and delivery are evidenced by Exhibit "B ". Said interest
granted was at the time of such grant held in trust for IRVINE
RANCH WATER DISTRICT by THE METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA, a public corporation, subject to the
provisions of the San Joaquin Reservoir Trust Agreement
dated July 1, 1980, as it may be from time to time amended.
Said grant was made to CITY OF NEWPORT BEACH subject to the
trust, pursuant to Section 3 of said Trust Agreement.
This memorandum of grant of interest in real property
is being recorded to evidence the transfer in the official
Records of Orange County.
DATED: I-11au
IRVINE RANCH WATER DISTRICT
By
A-7-F. ruing on, ene, a Tanager
Attest: /(•LLcL�
Betty JQ Wheeler, Secretary
STATE OF CALIFONRIA
COUNTY OF ORANGE
On
84-- 107305
ACKNOWLEDGEMENT
)ss.
9, 1984
ll
before me, the
undersigned, a Notary Public in and for said State, personally
appeared
A.
E.
Bruington
and Betty
J. Wheeler
known to
me
(or
proved to me
on the basis of
satisfactory
evidence) to be the General Manager and
Secretary , respectively, of the IRVINE
RANCH WATER DISTRICT, the District that executed the within
instrument, and known to me (or proved to me on the basis of
satisfactory evidence) to be the persons who executed the
within instrument, and on behalf of the District therein
named, and acknowledged to me that such District executed the
within instrument pursuant to authority of its Board of Directors.
Witness my hand and official seal.
r lt; awj�D- 'C'eO&
Notary Public
,.eat._. OFFICIAL SEAL
MILDRED P KLA E
m NOTARY PUBLIC -CALIFORNIA
ORANGE COUNTY
My conun. expires JUL 1, 1985
64-- 107305
EXHIBIT "A"
Parcel 1
Those portions of Blocks 97 and 98 of the Irvine's Subdivi-
sion, in the County of Orange, State of California, as per
Map recorded in Book 1, Page 88 of Miscellaneous Record
Maps, in the Office of the County Recorder of said County,
described as follows:
Beginning at a brass disc set in concrete, set by the
Orange County Surveyor, to mark the quarter corner on the
southwesterly line of Block 91 of said Irvine's Subdivision;
thence South 50 000100" East 2640 feet to a brass disc set
in concrete, set by said surveyor, to mark the most easterly
corner of Block 92 of said Irvine's Subdivision and comon
corner of Blocks 91, 97 and 98 of said Irvine's Subdivision;
thence South 3 023113" East 1553.05 feet to a brass disc set
in concrete, set by the United States Coast and Geodetic
Survey, and designated as "Browning "; thence South 55 045'30"
East 294.18 feet to the "TRUE POINT OF BEGINNING "; thence
South 40 °46'20" East 197.60 feet; thence North 0 034'34" East
461.17 feet; thence South 89 024'59" West 194.00 feet; to a
point on the Southerly prolongation of the Easterly line of
Lot 8 of Tract No. 9858 as per map recorded in Book 436
pages 1 to 7 inclusive of Miscellaneous Maps, in the office
of said County Recorder; thence along said prolongation and
said easterly line North 0 034'44" West 175.56 feet; thence
North 57 006103" East 45.91 feet; thence North 10 055'33" East
115.32 feet; thence North 28 °46'32" East 157.16 feet; thence
North 63 028144" East 41.15 feet; thence North 21 008106" West
11.9.62 feet: thence North 0 °34'44" West 70.00 feet; thence
North 58 °39150" West 76.64 feet; thence North 46 019'48" East
488.92 feet; thence North 53 136'16" East 74.00 feet; thence
North 28 °14131" East 140.12 feet; thence North 820 08129"
East 23.00 feet; thence South 9 °41'13" East 175.77 feet;
thence North 80 °18'47" East 120.00 feet; thence North
9041'l3" West 171.94 feet; thence North 82 °08'29" East
197.66 feet; thence South 7 051131" East 85.38 feet to the
beginning of a curve concave northeasterly having a radius
of 100 feet; thence Southerly, Southeasterly and Easterly
141.87 feet along said curve through an angle of 81 017101 ";
thence South 89 °08'32" East 289.10 feet; thence South
8 °00136" East 820.76 feet; thence South 33 009' 09" East
1465.88 feet; thence South 13 025114" East 680.00 feet;
thence South 69 °08'20" West 270.27 feet; thence South
85 °37'08" West 222.77 feet; thence North 24 013110" West
437.65 feet; thence South 76 °34'46" West 40.00 feet;
thence South 45 °42122" West 309.17 feet; thence South
11 °38'25" West 1024.86 feet; thence South 75 055'07" West
289.80 feet; to an angle on the easterly boundary of
Tract No. 9859 as per Ma.- recorded in Book 435, Pages 1, 2
EXHIBIT "A"
-1-
•t} _107305 r
and 3 of Miscellaneous Maps; thence along said Easterly
boundary and the Easterly boundary of Tract No. 9588 as
per Map recorded in Book 400, Pages 25 to 28 inclusive of
said Miscellaneous Maps the following courses: North
22 °17'13" West 1261.95 feet; North 12 029151' West 448.09
feet; North 22 "52'39" West 454.58 feet; North 51 °20149"
West 77.21 feet; and North 15 052'51" West 276.97 feet to
the TRUE POINT OF BEGINNING.
PARCEL 2
• non- exclusive easement for ingress and egress over lots
• and B and portion of Lot 8 of Tract No. 9858, in the
County of Orange, State of California, as per map recorded
in Book 436 pages 1 to 7 of Miscellaneous Maps, in the
office of the County Recorder of said county, as shown on
the grant of easement recorded at Book 12848 page 1899 of
the official records of the County of Orange, California.
PARCEL 3
A non - exclusive, relocatable easement for ingress and egress
purposes in connection with the construction, maintenance
and operation of a reservoir known as the San Joaquin
Reservoir and other works connected therewith or incidental
to Grantee's operations, including the right to grade,
construct, reconstruct, maintain, inspect, improve, repair
acid replace a roadway river real property, as shown on the
grant of easement recorded in Book 13640, Pages 833 through
840 of the Official Records of the County of Orange, Cali-
fornia.
-2-
EXHIBIT "A"
a:
t
P'
Y
Hn�E H1W11
N 1hN IY >inU?
IRIl1E R:111'11 IIATER DISTRICT
December 23, 1981
P.O. Boa D 1 • 4201 Campus O,ve • /rvrne. Calif. 92716 • 17141 633 1223
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Re: Purchase of 50 Acre -Feet Capacity in San Joaquin Reservoir
Gentlemen:
The Irvine Ranch Water District hereby acknowledged receipt of
your ckeck in the amount of $115,054.00. Such payment is
made pursuant to our offer to sell, and your acceptance of
said offer, 50 Acre -Feet of Irvine Ranch Water District's
storage capacity in the San Joaquin Reservoir. Transfer of such
ownership includes the assumption by Newport Beach of a
proportionate share of debt service on bonds previously
issued by the Irvine Ranch Water District. A Schedule of
said debt service is hereby enclosed.
Yours very truly,
IRVINE RANCH WATER DISTRICT
A. E. Bruington
General Manager
cc: R.G. Hilde
tf. Jeffrey
P. Singer
EXHIBIT "B"
PURCHASE
ORDER NO
10035
INVOICE NO.
322?
VENrn:; TrT41
PLEASE DR ACH THIS STATEMENT
BEFORE DEPOSITING CHECK
gt 10'305
CITY OF NEWPORT BEACH
C A L I F O R N I A
EXHIBIT "B"
TOTAL AMOUNT
115s054.00
R1:CEbv'�D
DEC 15 11981
115#054.00
THIS CHECK 15 TENDERED IN
PAYMENT OF ITEMS LISTED
A
8 !; 10 71)
s, IRVINE RANCH WATER DISTRICT
SAN JOAQUIN RESERVOIR
ALLOCATION OF DEBT SERVICE TO
CITY OF NEWPORT BEACH
1.69% (50 Acre Feet)
Fiscal Year
Payment
Due 30 Days Prior
to
Ending
June 30
December 1
June 1
Total
1981 -82
$ 6,102.47
$ 1,153.74 $
7,256.21
1982 -83
6,007.65
1,068.48
7,076.13
1983 -84
6,427.72
968.97
7,396.69
1984-85
6,332.64
863.54
7,196.18
1985 -86
6,485.16
760.83
7,245.99
1986 -87
6,635.88
648.29
7,284.17
1987 -88
7,032.25
529.31
7,561.56
1988 -89
7,167.57
401.14
7,568.71
1989 -90
7,293.29
272.36
7,565.65
1990 -91
7,163.31
138.74
7,302.05
1991 -92
7,288.77
-
7,288.77
$ 73,936.71
$ 6,805.40 $
80,742.11
EXHIBIT "B"
MEMORANDUM OF
CONCURRENCE BY TRUSTEE:
84- 107305 9
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALI-
FORNIA, as Trustee under the Trust Agreement described in
the foregoing Memorandum of Grant of Interest of Real Property,
does acknowledge the transfer of the interest therein described
from IRVINE RANCH WATER DISTRICT to CITY OF NEWPORT BEACH,
pursuant to Section 3 of said Trust Agreement. Under Section
3(e) of said Trust Agreement, the interest so transferred
has been and shall be, as of and after the date of transfer,
December 23, 1981, held in trust by Trustee for CITY OF
NEWPORT BEACH.
DATED: February 21, 1984. THE METROPOLITAN WATER DISTRICT
OF SOU5,He13N CALIFORNLX. Tru tae
Attest:
L. C-rj(ffiih. /*rleral
AaPrOVED AS To FORM
L SOHONKAY
CLI44EEERALL COUNSEL
9 R. O' TWOMEY, !R,
DEPUT'y GENERAL COUNSEL
�! e4--1007305 •
STATE OF CALIFORNIA )
COUNTY OF J
On this / da/ of in the year
before me,,,i71.L�, N.lt�,(wpJ� a ' tary Public, personally
appeared EVAN L. GRIFFITH and KAREN E. 'DORFF, personally known
to me to be the persons who executed this instrument as General
Manager and Executive Secretary, respectively, of The Metropolitan
Water District of Southern. California, a public corporation, and
acknowledged to me that The Metropolitan Water District of
Southern California, Trustee, executed it.
LiITNESS my hand and official seal..
OFFICIAL SEAL
DBONDREA D MITCHELL
(Seal)
NOTARY oU9LK GALIFOR NIA
LOS ANGELES COUNTY
AN comm. expires MAY 4, 19V
Signatur
Notary Pub is in and
for said State
1 10 e1 =- ..1'1?3J5
MEMORANDUM OF ACCEPTANCE
The undersigned, being the duly authorized agent
of CITY OF NEWPORT BEACH, does hereby acknowledge acceptance,
on behalf of CITY OF NEWPORT BEACH, of the interest in real
property conveyed as of December 23, 1981, as described in
the foregoing Memorandum of Grant of Interest in Real Property,
subject to the terms thereof, and consents to the recordation
of the same. CITY OF NEWPORT BEACH acknowledges that said
interest in real property is held in trust for CITY OF
NEWPORT BEACH by THE METROPOLITAN WATER DISTRICT OF SOUTHERN
CALIFORNIA, a public corporation, subject to the provisions
of the San Joaquin Reservoir Trust Agreement dated July 1,
1980, as it may be from time to time amended, and that the
same was accepted subject to said trust and all of its
terms, conditions, obligations nd, iabi/lities.
DATED: - -%
State of California )
County of Orange ) ss
On this 12th day of March , in the year 1984, before me,
Dorothy L. Palen , a Notary Public, personnally appeared
Robert L. Wynn, personally known to me to be the person who executed
this instrument as City Manager of the City of Newport Beach and
acknowledged to me that such governmental agency executed the same.
Witness my hand and official seal.
OFFICIAL SEAL
DOROTHY L. PALEN
NOTARY PUBLIC •CALIFORNIA
PRINCIPAL OFFICE IN
Dorothy'. Palen ORANGECOUNTt
- - - - - - - AW Canmssb Expires Aprd 5, 1985
• t
MEMORANDUM
OFFICE OF THE CITY ATTORNEY
March 2, 1984
To: Wanda Anderson - City Clerk
From: Robert D. Gabriele - Assistant City Attorney
Re: Recording of Documents Related to the San Joaquin
Reservoir
Attached, is the original documentation to be recorded
with the County Recorder's Office. Please have Mr. Wynn's
signature notarized. His signature appears on the last page.
When we receive the original of the documents back from
the Recorder's office, please return it to this office while you
retain a copy for official City records. This office will make
the distribution of the original and one copy to the appropriate
parties. Thanks.
If you have any questions, please advise.
Robert D. Gabriele
RDG /dt
MEB /Wanda
0 .0
li
Mayor
Evelyn R. Hart
March 13, 1984
Mayor Pro Tern
Philip R. Maurer
Council Members
Bill Agee Lee A. Branch
John C. Cox Jr. County Recorder
Jackie Heather
Ruthelyn Plummer P.O. Box 238
Donald A. Strauss Santa Ana, CA 92702
Dear Mr. Branch:
CITY OF NEWPORT BEACH
Enclosed for recordation is a Memorandum of Grant of Interest in
Real Property between the Irvine Ranch Water District and the City
of Newport Beach.
The enclosed has been checked as to form, notorized, and ready for
recordation.
Please record and return to us.
Sincerely,
Wanda E. Andersen
City Clerk
WEA:lr
Enclosure (1)
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
d
S
The Metropolitan Water District of Southern California
off:(' nr Cmtmdor
August 31, 1981
San Joaquin Reservoir
Advisory Committee
Per Attached List _a C
City Clerk"
r
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Gentlemen:
Enclosed for your consideration is the Financial
Report of the San Joaquin Reservoir Trust for the year ended
June 30, 1981; comprised of the following statements:
o Balance Sheet
o Statement of Operations
o Statement of Receipts and Disbursements
DIF /ar
Enclosures
1111 Sunset Boulevard, Los Angeles, Calif. /Mailing address: Box 54153, Los Angeles, Calif. 90054 /Telephone; (213) 626 -4262
Don A •p�
Controller
DIF /ar
Enclosures
1111 Sunset Boulevard, Los Angeles, Calif. /Mailing address: Box 54153, Los Angeles, Calif. 90054 /Telephone; (213) 626 -4262
0 0
SAN JOAQUIN RESERVOIR TRUST
BALANCE SHEET
June 30, 1981
Assets
Cash
Investments in Securities
Interest Accrued on Investments
Completed Features
Work in Progress
Total
Liabilities and Equity
Accounts Payable
Equity
Contributions 699,900.00
Interest Income 75,576.42
Operation & Maintenance (247,938.96)
Total
$ 810.46
262,000.00
123.72
225,553.89
92,009.74
$580,497.81
$ 52,960.35
527,537.46
$580,497.81
0 0
SAN JOAQUIN RESERVOIR TRUST
STATEMENT OF OPERATIONS
Year Ended June 30, 1981
Interest Income
Operation & Maintenance
$ 75,576.42
(247,938.96)
Net $(172,362.54)
0
SAN JOAQUIN RESERVOIR TRUST
STATEMENT OF RECEIPTS, DISBURSEMENTS, & BALANCES
July 1, 1980 through June 30, 1981
Balance July 1, 1980 -0-
Receipts
Contributions $699,900.00
Interest on Investments 75,452.70
775,352.70
Disbursements
Engineering Studies 140,433.00
Access Road 85,120.89
Outlet Screens 64,166.74
Operation & Maintenance 222,821.61
512,542.24
Cash in Bank 810.46
Investment in Securities 262,000.00
Total at June 30, 1981 $262,810.46
0 0
SAN JOAQUIN RESERVOIR
ADVISORY COMMITTEE
Mr. Richard Hilde
Chairman (SJRAC)
Irvine Ranch Water District
P.O. Box D -I
Irvine, California 92716
Mr. A. E. Bruington
General Manager
Irvine Ranch Water District
P.O. Box D -I
Irvine, California 92716
Mr. Ed Schnabel
General Manager
Mesa Consolidated Water District
1965 Placentia Avenue
Costa Mesa, California 92627
Mr. Joseph R. Sweany
General Manager- Secretary
Laguna Beach County Water District
P.O. Box 987
Laguna Beach, California 92652
Mr. Ray C. Miller
General Manager and Secretary
South Coast County Water District
31592 West Street
South Laguna Beach, California 92677
Michael A. Banzhaf, Esq.
The Irvine Company
500 Newport Center Drive
5th Floor
Newport Beach, California 92660
Honorable Ruth Finley
Mayor
City of Huntington Beach
P.O. Box 190
Huntington Beach, California 92648
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Mr. Evan L. Griffith
General Manager
The Metropolitan Water District
of Southern California
i
tir r:
so
The Metropolitan Water
(]m,(, of ;he '- 'metal .'Oanager
See attached list
for addressees
Gentlemen:
n]
District of Southern
raN
,`r it n_r;_..... ten, JUL
�v
`i
California
20 1981
San Joaquin Reservoir Trust Agreement
All of the documents necessary for the execution
of the "First Amendatory Agreement to San Joaquin Reservoir
Trust Agreement" have been received. The execution pages
have been integrated, and the evidences of authority have
been attached to the original.
The effective date of the amendment is retroactive
to July 1, 1980. Enclosed is your copy of the fully executed
amendment for your files. If you need further information
or assistance, please contact Mr. Gilbert F. Ivey of my
staff at (213) 626 -4282, extension 622.
Enclosure
GFI:ct
Very truly
i4a)'
`Evan L. rr
General) Ma
cc: Mr. Richard Hilde, Cnairman (SJRAC)
Irvine Ranch Water District
Mr. Henry (Hank) Panion
Vice Chairman (SJRAC)
(Mesa Consolidated Water District)
Mr. Joseph T. Devlin
Utilities Director
City of Newport Beach
Mr. Ed Elevatorski
Water Superintendent
City of Huntington Beach
1111 Sunset Boulevard, Los Angeles, Calif./ Mailing address: Box 54153, Los Angeles, Calif. 90054 /Telephone: (213) 626 -4282
List of Addressees
Mr. A. E. Bruington
General Manager
Irvine Ranch Water District
P. O. Box D -I
Irvine, California 92716
Mr. Ed Schnabel
General Manager
Mesa Consolidated Water District
1965 Placentia Avenue
Costa Mesa, California 92627
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Mr. Joseph R. Sweany
General Manager- Secretary
Laguna Beach County Water District
P. O. Box 987
Laguna Beach, California 92652
Mr. Ray C. Miller
General Manager and Secretary
South Coast County Water District
31592 West Street
South Laguna Beach, California 92677
Michael A. Banzhaf, Esq.
The Irvine Company
500 Newport Center Drive, 5th Floor
Newport Beach, California 92660
Honorable Ruth Finley
Mayor
City of Huntington Beach
P. O. Box 190
Huntington Beach, California 92648
60
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
DATE June 10, 1981
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No.2193
Description of Contract First Amendatory Agreement
Th San Joaquin Reservoir Trust Agreement
Effective date of Contract July 1, 1980
Authorized by Resolution No. 9822 adopted on 6 -23 -80 and
1004 9 6-26-
Contract with Irvine Ranch Water District, Metropolitan Water District
of Southern California, City of Huntington Beach, City of
Adress Newoort Beach. Mesa Consolidated Water District, Laquna Beach
Amount of Contract $ (see agreement)
WANDA E. ANDERSEN
City Clerk
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
5 -81
RECOMMENDATION:
Adopt a Resolution approving the First Amendment to the San Joaquin
Reservoir Trust Agreement and authorizing the Mayor and the City Clerk
to execute the agreement.
DISCUSSION:
The following agencies have an interest in the San Joaquin Reservoir:
1. Irvine Ranch Water District
2. Mesa Consolidated Water District
3. City of Huntington Beach
4. Metropolitan Water District
5. Municipal Water District of Orange County
6. Coastal Municipal Water District
7. Laguna Beach County Water District
S. South Coast County Water District
9. The Irvine Company
10. City of Newport Beach
Since its construction in 1965 a number of complex engineering, water
quality, financial and legal problems have arisen among the participating agencies
regarding the joint use and ownership of the reservoir.
To provide a mechanism to resolve these problems the participating agencies
agreed to a "Memorandum of Settlement Principles" that would be the basis for the
execution of a reservoir trust and operating agreement. In the Settle Principles
it provided that the City's interest in the reservoir would not be altered. This
was a major concern of the City because unlike the leasehold interests held by
other participants the City held a fee interest. The City's fee interest was the
result of a direct grant from The Irvine Company and was to be exempt from all debt
service charges.
In a desire to simplify the final form of the Trust Agreement the drafters
of the agreement treated the City's fee interest as a leasehold interest. The pro-
posed amendment would alter the Trust Agreement to conform to the original Settlement
Principles. If the amendment is not approved the City will be liable for a debt
service charge of $61,000 payable over a 12 year period.
Any additional storage acquired by the City in the future will be subject
to the debt service charge.
A copy of the proposed amendment is attached for Council members.
oseph T. Devlin
tilitias Director
be Attachment
May 26, 1981
CITY COUNCILL AGENDA
ITEM N0. ,e
TO:
CITY COUNCIL
O
FROM:
Utilities Department
SUBJECT:
FIRST AMENDMENT TO THE SAN JOAQUIN
RESERVOIR TRUST
AGREEMENT
RECOMMENDATION:
Adopt a Resolution approving the First Amendment to the San Joaquin
Reservoir Trust Agreement and authorizing the Mayor and the City Clerk
to execute the agreement.
DISCUSSION:
The following agencies have an interest in the San Joaquin Reservoir:
1. Irvine Ranch Water District
2. Mesa Consolidated Water District
3. City of Huntington Beach
4. Metropolitan Water District
5. Municipal Water District of Orange County
6. Coastal Municipal Water District
7. Laguna Beach County Water District
S. South Coast County Water District
9. The Irvine Company
10. City of Newport Beach
Since its construction in 1965 a number of complex engineering, water
quality, financial and legal problems have arisen among the participating agencies
regarding the joint use and ownership of the reservoir.
To provide a mechanism to resolve these problems the participating agencies
agreed to a "Memorandum of Settlement Principles" that would be the basis for the
execution of a reservoir trust and operating agreement. In the Settle Principles
it provided that the City's interest in the reservoir would not be altered. This
was a major concern of the City because unlike the leasehold interests held by
other participants the City held a fee interest. The City's fee interest was the
result of a direct grant from The Irvine Company and was to be exempt from all debt
service charges.
In a desire to simplify the final form of the Trust Agreement the drafters
of the agreement treated the City's fee interest as a leasehold interest. The pro-
posed amendment would alter the Trust Agreement to conform to the original Settlement
Principles. If the amendment is not approved the City will be liable for a debt
service charge of $61,000 payable over a 12 year period.
Any additional storage acquired by the City in the future will be subject
to the debt service charge.
A copy of the proposed amendment is attached for Council members.
oseph T. Devlin
tilitias Director
be Attachment
6
RESOLUTION NO._ 100 14q
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPROVING THE FIRST AMENDMENT
TO THE SAN JOAQUIN RESERVOIR TRUST AGREEMENT
AND AUTHORIZING THE MAYOR AND CITY CLERK TO
SIGN A LETTER OF EXECUTION
WHEREAS, the City Council of the City of Newport Beach on
the 23rd day of June, 1980, approved the execution of the San
Joaquin Reservoir Trust Agreement; and
WHEREAS, it is necessary to amend the San Joaquin Reservoir
Trust Agreement to accurately reflect that the City's interest in
the reservoir is in fee, and not a leasehold interest; and
WHEREAS, the San Joaquin Reservoir Trust Agreement as
persently constituted, holds that the City's interest is
leasehold and not fee; and
WHEREAS, all the parties to the Trust Agreement, including
The Irvine Ranch Water District, Mesa Consolidated Water
District, City of Huntington Beach, Metropolitan Water District,
a Municipal water district of Orange County, Coastal Municipal
Water District, Laguna Beach County Water District, South Coast
County Water District and The Irvine Company have agreed that the
First Amendment to the San Joaquin Reservoir Trust Agreement is
appropriate to accurately reflect the City of Newport Beach's fee
interest in the reservoir storage capacity; and
WHEREAS, the City Council has reviewed the First Amendment
to the San Joaquin Reservoir Trust Agreement, and desires to
approve said First Amendment and authorize the Mayor and the City
Clerk to sign a Letter of Execution of said First Amendment to
the San Joaquin Reservoir Trust Agreement
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Newport Beach that the First Amendment to the San Joaquin
Reservoir Trust Agreement is approved and the Mayor and the City
Clerk are hereby authorized and directed to sign a Letter of
Execution of said Amendment.
ADOPTED this day of "G S 1981.
ATTEST:
City Clerk
-2-
Mayor
HRC /pr
5/26/81
t'
C
M ¢c�rvrQ
C;) Y Cr.i
J(1(. ? 7951�-
FIRST AMENDATORY AGREEMENT
TO SAN JOAQUIN RESERVOIR TRUST AGREEMENT'
THIS FIRST AMENDATORY AGREEMENT TO THE SAN JOA
RESERVOIR TRUST AGREEMENT effective July 1, 1980, hereinafter
referred to as "First Amendment ", is made and entered into
effective the first day of July , 1980, by
and between
IRVINE RANCH WATER DISTRICT ( "IRWD" herein),
organized and existing pursuant to the
California Water District Law (Water Code
S 34000 et seq.);
THE METROPOLITAN WATER DISTRICT OF SOUTHERN
CALIFORNIA ( "METROPOLITAN" herein), organized
and existing pursuant to the Metropolitan
Water District Act (Stats. 1969, Ch. 209,
as amended);
CITY OF HUNTINGTON BEACH ( "HUNTINGTON BEACH"
herein),a municipal corporation of the State
of California;
CITY OF NEWPORT BEACH ( "NEWPORT" herein),a
municipal corporation of the State of
California;
MESA CONSOLIDATED WATER DISTRICT
herein),organized and existing p
the provisions of the Costa Mesa
(Water Code § 33200 et seq.) and
Water District Law (Water Code S
seq.);
( "MESA"
.irsuant to
Merger Law
the County
30000 et
LAGUNA BEACH COUNTY WATER DISTRICT ( "LAGUNA"
herein),organized and existing pursuant to
the County Water District Law of the State
of California (Water Code S 30000 et seq.);
SOUTH COAST COUNTY WATER DISTRICT ( "SOUTH
COAST" herein),organized and existing pursuant
to the County Water District Law of the State
of California (Water Code S 30000 et seq.);
and
1 40 40
-2-
THE IRVINE COMPANY ( "TIC" herein), a Michigan
corporation, a successor in interest to The
Irvine Company of West Virginia.
RECITAL
The parties to the San Joaquin Reservoir Trust Agreement,
hereinafter referred to as "Trust Agreement ", have determined
that Section 4 of said Trust Agreement does not correctly set
forth the respective obligations of the parties for future
IRWD debt payments. Accordingly, the parties to this First
Amendment desire to revise said Section 4 and, as an incident
of said revision, to make other appropriate revisions in said
Trust Agreement to allocate the rights and duties of Newport
Beach in a manner appropriate to its revised obligation for
future IRWD debt payments.
OPERATIVE AGREEMENTS
SECTION 1.
Section 3g is added to the Trust Agreement to read
as follows:
g. Transfer of Newport Beach Interest.
Upon acquisition by a public agency of all or
any part of Newport Beach's interest, such interest
shall become fully subject to all provisions of
this Trust Agreement including, without limitation,
the obligation to pay a proportionate share of debt
service costs.
M M
-3-
SECTION 2.
Section 4 of the Trust Agreement is revised to read
in full as follows:
SECTION 4. FUTURE IRWD DEBT PAYMENTS.
IRWD has heretofore incurred bonded
indebtedness to construct the Reservoir. The
Owners listed on Table II below are responsible
for payments of the shares of IRWD bond debt
retirement shown in Table II.
TABLE II
Ownership Interest Future Debt
Name of Agency Subject to Future Debt Percentage
Irvine Ranch Water
District 1,461 49.53%
Mesa Consolidated
Water District
583
19.76%
Huntington Beach
400
13.568
Metropolitan Water
District
300
10.17%
Laguna Beach County
Water District
156
5.29%
South Coast County
Water District
50
1.69%
Newport Beach
--
The Irvine Company
--
--
2,950 acre -feet
100.00%
-4-
Each Owner subject to future debt payment
shall pay to IRWD a share, as set forth in Table
II, of IRWD debt service payments as shown in
Exhibit "C ", attached and by this reference incor-
porated herein. At least 30 days prior to the due
date of each payment, IRWD shall provide the Owners
shown in Table II with written notice of the amount
of each Owner's share of the payment and the date
when due. The method of payment of each Owner's
obligation shall be determined by mutual agreement
between IRWD and each Owner and may include,
without limitation, use of postdated checks or
transfer of "same day" money. IRWD shall not be
required to pay interest on money deposited in
advance of the due date.
As shown in Table II, TIC's and Newport
Beach's ownership interests are not subject to
payment of a share of IRWD debt service. Ownership
interests transferred by TIC as provided in Section
3f hereof, and transferred by Newport Beach as
provided in Section 3g hereof, shall become subject
to the requirement of this provision to pay a share
of IRWD's future debt service obligations after the
date of the transfer.
1 40 M
-s-
SECTION 3.
Except as hereby amended, the Trust Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set
their hands and seals by their respective corporate officers
thereunto, duly authorized as of the day and year first above
written.
M M
FIRST AMENDATORY AGREEMENT
TO SAN JOAQUIN RESERVOIR TRUST AGREEMENT
Effective July 1, 1980
APPROVED AS TO FORM:
ALEXANDER BOWIE,
a Law Corporation
IRVINE RANCH WATE D STRICT
By
"� � �j Pres' ent
By t P7
By C/
Secretary
M 40
FIRST AMENDATORY AGREEMENT
TO SAN JOAQUIN RESERVOIR TRUST AGREEMENT
Effective July 1, 1980
APPROVED AS TO FORM:
RUTAN & TUCKER
BY
General Counsel
MESA CONSOLIDATED WATER DISTRICT
By / f. < [l ^ /
Presideht
;a
Attest: 1c
Secreta
M
40
FIRST AMENDATORY AGREEMENT
TO SAN JOAQUIN RESERVOIR TRUST AGREEMENT
Effective July 1, 1980
APPROVED AS TO FORM: THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFOR f
Carl ay,
General al Cou Counsels
By
Attest:
M
so
FIRST AMENDATORY AGREEMENT
TO SAN JOAQUIN RESERVOIR TRUST AGREEMENT
Effective July 1, 1980
APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH
Gail Hutton,
City Attorney By
By
At
FIRST AMENDATORY AGREEMENT
TO SAN JOAQUIN RESERVOIR TRUST AGREEMENT
Effective July 1, 1980 `
APPROVED AS TO FORM:
Hugh R. Coffin,
City Attorney
By
CITY OF NEWPORT BEACH
B
/aryg
Attest:
City ClLrrk
ti
I
M
FIRST AMENDATORY AGREEMENT
TO SAN JOAQUIN RESERVOIR TRUST AGREEMENT
Effective July 1, 1980
APPROVED AS TO FORM:
ROURK/I E J WOODRUFF p�
By U�
Genera I jeounse
SOUTH COAST COUNTY WATER DISTRICT
FIRST AMENDATORY AGREEMENT
TO SAN JOAQUIN RESERVOIR TRUST AGREEMENT
Effective July 1, 1980
APPROVED AS TO FORM:
David L. Kerrigan
General Counsel
B
RVINE COMPANY
Attest:
Asf
��1NE Cpn
Secretary
* INCORPORATED
y SEPT. 22, 1976 2
To:
From:
CITY OF NEWPORT BEACH
Office of
CITY ATTORNEY
The Honorable Mayor and
Members of City Council
Assistant City Attorney
June 23, 1980
1 `
Item No. %t
Subject: San Joaquin Reservoir - Compromise Settlement
and Mutual Release Agreement and Trust Agree-
Introduction
On June 9, 1980, the Council approved a grant by The Irvine
Company to the City of Newport Beach of water storage capa-
city in the San Joaquin Reservoir (Reservoir). At that time
we outlined the history of the Reservoir and advised the
Council that negotiations involving all parties having an
interest in the Reservoir were being conducted in an effort
to resolve the issue of ownership and operation of the Reser-
voir and to resolve numerous lawsuits concerning water rights
in the Reservoir. The negotiations have now been concluded
with the result that there are two documents for Council con-
sideration. The first is a document entitled "Compromise
Settlement and Mutual Release Agreement" and the second is a
document entitled "San Joaquin Reservoir Trust Agreement."
Discussion
A. Compromise Settlement and Mutual Release Agreement
This Agreement has little effect on the City of Newport
Beach. Basically it is a document intended to terminate all
litigation involving the Reservoir and invalidating all of
the contracts and agreements previously entered into that
relate to the Reservoir. In terms of the interest of the City
of Newport Beach, the document accomplishes the following:
Provides the City of Newport Beach with a credit of
$132, this credit based upon the initial holding in
the Reservoir by the City of four acre feet.
0
June 23, 1980
Page Two
San Joaquin Reservoir - Compromise Settlement
and Mutual Release Agreement and Trust Agree-
ment
2. The City of Newport Beach, as all of the other
Reservoir owners, agrees to release the other
Reservoir owners from any claim that it may have
against the other owners, and the City is in
turn released from any claims that those owners
may have had or have against the City. We are
unaware of any claim that the City has against
any of the other owners or any claim that they
may have against us.
3. The City of Newport Beach must pay a proportionate
share of future debt service on bonds previously
issued by the IRWD in order that the Reservoir
could be built and also must pay its proportionate
share of operating and maintenance expenses. The
City owns 1.2% of the capacity of the Reservoir
and is the smallest owner of water rights in the
Reservoir. The City will pay from $2,500 to
$5,000 as its share of maintenance and operation
expenses in the first year and an additional
$4,000 for its share of the debt service.
B. Trust Agreement
The purpose of the Trust Agreement is to provide for the
ownership, manner of use, maintenance and operation, and improve-
ment and repairs of the Reservoir. The Trust Agreement consists
of approximately 90 pages, is relatively complex, and for that
reason has not been reproduced for Council's review. A copy of
the Trust Agreement is on file in the City Attorney's office in
the event that any Council member wishes to read the Agreement.
In summary, the Agreement provides for the following:
1. The Agreement establishes a Trust, with Metropolitan
as Trustee, and provides that the water rights held
by the respective owners in the Reservoir be conveyed
to Metropolitan to be held in trust by Metropolitan.
Metropolitan then agrees to operate and maintain the
Reservoir for the benefit of the owners of capacity.
The Trust Agreement reflects an ownership percentage
of 1.2 (or 36 acre feet) held by the City of Newport
Beach. The Agreement also provides that this 36 acre
feet is not subject to any buy -in cost, as are the
capacities of most of the other owners.
June 23, 1980
Page Three
San Joaquin Reservoir - Compromise Settlement
and Mutual Release Agreement and Trust Agree-
ment
2. The Trust Agreement establishes an advisory committee
composed of one representative from each owner. The
advisory committee is established to monitor
Metropolitan's performance as Trustee and to provide
advice and approval to Metroplitan with respect to
certain matters of policy. The advisory committee
can exercise certain powers by way of a majority
vote, and certain other powers only by unanimous vote.
The committee by majority vote can render advice to
Metropolitan, approve an annual budget, approve an
annual report, ratify the terms of any sale of owner-
ship interest, and perform other nonessential func-
tions. The unanimous vote of the advisory committee
is required to amend any provision of the Trust Agree-
ment, approve projects where the total budgeted cost
exceeds 50% of the operation and maintenance expenses
budgeted for that year, and to approve variances to
the operating criteria of the Reservoir.
3. The Trust Agreement also provides a procedure whereby
all or part of an owner's interest in the Reservoir
may be sold to another public agency. At the request
of the City of Newport Beach, the Trust Agreement
requires that existing owners of Reservoir capacity
be given the right to purchase capacity which another
owner desires to sell before that capacity is subject
to sale to an outside agency.
4. The Trust Agreement establishes operating criteria for
the Reservoir. The operating criteria are standards
which govern availability of the water in the Reservoir
for use by the owners. Different criteria apply depending
upon the needs of any particular agency, and the amount of
water available to replenish water utilized by agencies.
It is our understanding that the Utilities Director has -
reviewed these criteria and finds them acceptable.
5. The Trust Agreement also makes provision for the alloca-
tion of Reservoir expenses among owners and authorizes
Metropolitan to prepare, subject to the approval of the
advisory committee, an annual Reservoir budget.
a 0 r
June 23, 1980
Page Four
San Joaquin Reservoir - Compromise Settlement
and Mutual Release Agreement and Trust Agree-
ment
6. The Trust Agreement provides procedures that the
Trustee is to follow when an owner of Reservoir
capacity fails to pay either for water used or for
its share of expenses.
7. The Agreement also provides for the financing of
certain capital expenditures which are necessary to
preserve or restore the operating capabilities of
the Reservoir and the financing of such improvement
projects that would result in the enhancement of the
operating capabilities or characteristics of the
Reservoir.
8. The Trust Agreement provides that the Trustee,
Metropolitan Water District, will secure public
liability insurance and designate other Reservoir
owners as additionally named insureds. Metropolitan
as the Trustee and operator of the Reservoir, retains
the right to defend any claim or action brought against
the owners' capacities in the Reservoir which arises
out of the ownership, maintenance or operation of the
Reservoir. In the event that a loss is not covered by
insurance, Metropolitan is required to pay the greater
of (1) $50,000 or (2) 108 of the amount budgeted for
Reservoir operation and maintenance. Should a loss
exceed that amount, it is to be allocated among the
owners in proportion to the ownership interest.
9. There are miscellaneous provisions in the Trust Agree-
ment that establish a "grievance procedure" should a
dispute occur between owners concerning matters which
are the matter of the Trust Agreement, and various
other provisions relating to notice and exclusivity
of the Agreement.
Conclusion
It is recommended by the City Attorney and Utility Director that
Council approve a resolution authorizing execution of the Compro-
mise settlement and Mutual Release Agreement and Trust Agreement.
Given the size of the Reservoir, its proximity to the City of
June 23, 1980
Page Five
San Joaquin Reservoir - Compromise Settlement
and Mutual Release Agreement and Trust Agree-
ment
Newport Beach, the guarantee of continued responsible
maintenance and operation of the Reservoir, the resolution
of the issues involved in the two agreements is of vital
interest to the City. Council's approval of this resolution
will serve to promote that interest.
� Robert H. Burnham
Pi
RESOLUTION NO. g R29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A COMPROMISE SETTLEMENT
AND MUTUAL RELEASE AGREEMENT AND TRUST AGREE -
MENT IN CONNECTION WITH THE SAN JOAQUIN
RESERVOIR
WHEREAS, there has been presented to the City
Council of the City of Newport Beach a certain Compromise
Settlement and Mutual Release Agreement and Trust Agreement
in Connection with the San Joaquin Reservoir; and
WHEREAS, the City Council has reviewed the terms
and conditions of said Agreements and finds them to be
satisfactory and that it would be in the best interest of
the City to execute said Agreements,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that the Agreements above
described are approved, and the Mayor and City Clerk are
hereby authorized and directed to execute the same on behalf
of the City of Newport Beach.
ADOPTED this 23rd day of June, 1980.
Mayor
ATTEST:
City Clerk
kv
6/19/80
- =
e
a
SAN JOAQUIN RESERVOIR
TRUST AGREEMENT
1\
SAN JOAQUIN RESERVOIR
TRUST AGREEMENT
CONTENTS
Section
Parties & Recitals
§1 ESTABLISHMENT OF TRUST (4 pages)
a. Duration
b. Transfer to Trustee
c. Owners as Beneficiaries
d. Ownership Percentage
e. TIC Newport Ownership
f. Metropolitan Ownership
§2 ADVISORY COMMITTEE (6 pages)
a. Establishment and Membership
b. Purpose
c. Powers
d. Authority of Metropolitan
§3 TRANSFER OF OWNERSHIP (5 pages)
a. Annual Common Sales Pool
b. Responsibility for Payments
c. Terms of Sale and Sale Procedures
d. Proceeds of Sale and Reduction of
Interest
e. Conditions of Sale
f. Transfer of The Irvine Company
T .. 4 l.r... .
§4 FUTURE IRWD DEBT PAYMENTS (2 pages)
§5 OPERATING CRITERIA FOR SAN
JOAQUIN RESERVOIR (12 pages)
a . Acme
b. Ope
C. Aut
d. Nor
e. Derr
f. Sou
g. Res
is
terra
uperazions
Emergency Operations
Emergency Operations
it Maintenance and Repair
i
-1 -OU
Page
IV
1.1
1.1
1.1
1.2
1.2
1.3
1.4
2.1
2.1
2.1
2.2
2.6
3.1
3.1
3.2
3.2
3.3
3.4
3.5
4.1
5.1
5.1
5.1
5.2
5.3
5.6
5.8
5.11
•
§6 RESERVOIR EXPENSES (6 pages)
a.
b.
c.
d.
e.
f.
§7 DEFAULT (4 pages)
a. Default Defined
b. Penalty for Default
c. Reallocation of Defaults
d. Termination of Reservoir Use and
Loss of Vote
e. Sale While in Default
f. Legal Remedies
g. Severability
§8 INSURANCE AND INDEMNIFICATION (5 pages)
a. Public Liability Insurance
b. Defense Against Claims and Suits
c. Uninsured Losses
d. Damage to Reservoir
§9 REPAIR AND IMPROVEMENT PROJECTS (4 pages)
a. Financing of Projects
b. Repair Projects
C. Improvement Projects
d. Payment Obligations
§10 MISCELLANEOUS (12 pages; including signatures)
a. Disputes
b. Delegation of Authority
C. Successors and Assi4ns Obliaated
d. Notices
e. Agreement Exclusive
f. Amendments in Writing
g• Execution in Counterpart
ii
7 -1 -80
Page
6.1
6.1
6.2
6.3
6.3
6.4
6.5
7.1
7.1
7.1
7.2
7.3
7.4
7.4
7.4
8.1
8.1
8.3
8.3
8.4
9.1
9.1
9.1
9.2
9.3
10.1
10.1
10.2
10.2
10.2
10.3
10.4
10.4
TABLE I
TABLE II
TABLE III
TABLE IV
TABLES
7 -1 -80
Page
(ownership Interests) 1.3
(IRWD Debt Allocation) 4.1
(Regulatory Storage Capacity) 5.4
(Expense Allocation) 6.2
iii
SAN JOAQUIN RESERVOIR
TRU T AGREEMENT
THIS AGREEMENT is made and entered into effective the
1st day of July, 1980, by and between
IRVINE RANCH WATER DISTRICT, ( "IRWD"
herein) organized and existing pursuant
to the California Water District Law
(Water Code § §34000 e`t sue.),
THE METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA, ( "METROPOLITAN"
herein), organized and existing pursuant
to the Metropolitan Water District Act
(Stats. 1969, Ch. 209, as amended);
CITY OF HUNTINGTON BEACH ( "HUNTINGTON
BEACH" herein) a municipal corporation
of the State of California;
CITY OF NEWPORT BEACH ( "NEWPORT" herein)
a municipal corporation of the State of
California;
MESA CONSOLIDATED WATER DISTRICT ( "MESA"
herein) organized and existing pursuant
to the provisions of the Costa Mesa
Merger Law (Water Code § §33200 et
seg.) and the County Water District Law
(Water Code § §30000 et seq.);
LAGUNA BEACH COUNTY WATER DISTRICT,
( "LAGUNA" herein) organized and existing
pursuant to the County Water District
Law of the State of California (Water
Code § §30000 et seq.),
SOUTH COAST COUNTY WATER DISTRICT,
( "SOUTH COAST" herein) organized and
existing pursuant to the County Water
District Law of the State of California
(Water Code § §30000 et seq.),
and
THE IRVINE COMPANY, ( "TIC" herein), a
Michigan corporation, a successor in
interest to The Irvine Company of West
Virginia;
iv
7 -1 -80
RECITALS
A. The intent and purpose of this Trust Agreement is
to provide for the ownership, manner of use, maintenance and
operation, and improvement and repairs of the San Joaquin
Reservoir consisting of certain real property, a water
reservoir and certain pipeline facilities and appurtenances
connecting such facility to the facilities of METROPOLITAN
and other agencies, located at or near the terminal of
the East Orange County Feeder No. 2 in Orange County,
California. Said real property and facilities are herein-
after referred to collectively as "Reservoir ", and the real
property is more specifically described in Exhibit "A"
hereto, which is incorporated by this reference.
B. Said Reservoir has been owned by IRWD and main-
tained and operated by METROPOLITAN under certain written
agreements which by separate agreement are being cancelled
and rescinded concurrently with the execution of this
Trust Agreement. Also concurrently with the execution of
this agreement, IRWD is transferring title to the Reservoir
to the parties hereto as hereinafter provided.
C. IRWD, METROPOLITAN, HUNTINGTON BEACH, MESA,
LAGUNA, SOUTH COAST, TIC, and NEWPORT have had water storage
capacity rights in varying amounts in the Reservoir pursuant
to certain agreements, leases, and subleases, all of which
v
d
C
agreements, leases, and subleases are being cancelled and
rescinded concurrently with the execution of this Trust
Agreement.
D. It is the intent of the parties hereto that this
Trust Agreement and the trust created hereby shall be irrev-
ocable as hereinafter provided.
E. The considerations for this Trust Agreement are
the mutual covenants and agreements herein contained.
vi
7 -1 -80
OPERATIVE AGREEMENT
SECTION 1. ESTABLISHMENT OF TRUST.
a. Duration.
This Trust Agreement and the trust herein created
is hereby declared to be effective on July 1, 1980 at 12:01
am and to be irrevocable for a period ending at midnight the
day before the 60th anniversary of the effective date of
this Trust Agreement or at an earlier date by mutual written
agreement of all the parties then holding ownership interest
in the Reservoir.
b. Transfer to Trustee.
IRWD, METROPOLITAN, HUNTINGTON BEACH, NEWPORT,
MESA, LAGUNA, SOUTH COAST, and TIC, who, together with their
successors in interest, are referred to as "Owners" herein,
shall grant to METROPOLITAN, as Trustee, in trust, all of
their respective rights, title and interest in and to the
Reservoir, including the real property upon which it is
constructed, which real property is more particularly
described in Exhibit "A ", attached hereto and incorporated
herein by this reference, to be held and administered by
METROPOLITAN, as Trustee, as hereinafter provided. A form
of Deed evidencing such conveyance is attached hereto as
Exhibit "B" and incorporated herein by this reference. Each
Owner, simultaneously with execution of this Trust Agree-
1.1
C =`
ment, shall deliver a fully executed Deed substantially in
such form and each such Deed shall be presented for recorda-
tion.
c. Owners as Beneficiaries.
It is mutually agreed by all of the Owners and by
,a
the Trustee that at all times the Reservoir shall be oper-
ated and maintained for the benefit of the Owners.
d. Ownership Percentage.
It is mutually agreed that upon the execution of
this Agreement, the undivided percentage ownership of
the Reservoir, and the capacity allocation of each Owner
therein, shall be as set forth in the following Table I.
Any increase or decrease in Reservoir capacity due to
modifications or otherwise shall be allocated among the
Owners so that the respective percentage ownership of each
Owner is not changed.
1.2
e. TIC /Newport Ownership.
The percentage of ownership and Reservoir capacity
allocated to NEWPORT BEACH and TIC in Table I above were
fully paid for in kind at the time of original Reservoir
construction, and said parties therefore are not obligated
to any buy -in cost.
' 1.3
7 -1 -80
`
•`
TABLE
I
Capacity
Allocation
Percentage
Agency Name
(Acre Feet)
Ownership
Irvine Ranch
Water District
1,461
47.90%
Mesa Consolidated
Water District
583
19.11%
City of
Huntington Beach
400
13.11%
Metropolitan
300
9.84%
Laguna Beach
County Water District
156
5.12%
The Irvine Company
64
2.10%
South Coast
County Water District
50
1.64%
City of
Newport Beach
36
1.18%
TOTAL
3,050
100.0%
e. TIC /Newport Ownership.
The percentage of ownership and Reservoir capacity
allocated to NEWPORT BEACH and TIC in Table I above were
fully paid for in kind at the time of original Reservoir
construction, and said parties therefore are not obligated
to any buy -in cost.
' 1.3
C-'
N
7 -1 -i1U
f. METROPOLITAN Ownership.
METROPOLITAN's Reservoir capacity shown in Table
I was allocated to METROPOLITAN in consideration of METRO -
POLITAN's agreement to operate and maintain the Reservoir in
accordance with the agreements referred to in Recital B and
METROPOLITAN retains said capacity and shall receive a
corresponding percentage of ownership at no buy -in cost, but
shall participate in future payments and expenses as pro-
vided in this Trust Agreement.
1.4
1
�
i vv
SECTION 2. ADVISORY COMMITTEE.
a. Establishment and Membership.
The San Joaquin Reservoir Advisory Committee
( "Advisory Committee" herein) is hereby established with the -
purposes and powers provided herein. Each Owner shall be
entitled to one representativeNand each representative shall
have voting power equivalent to the ownership percentage of
the Owner represented as shown in Table I hereof. Each
Owner shall designate a representative and an alternate for
membership on the Advisory Committee and shall notify
METROPOLITAN of the persons so designated. Each Owner
shall notify METROPOLITAN of changes in the representative
or alternate. Advisory Committee membership shall include
one non - voting member from Coastal Municipal Water District
and one non - voting member from the Municipal Water District
of Orange County. METROPOLITAN shall call and provide
notice to each Owner of the first meeting of the Advisory
Committee. The Advisory Committee, consistent with this
Trust Agreement, shall organize itself and establish such
reasonable rules and procedures for the call and conduct of
meetings as it shall determine to be necessary.
b. Purpose.
The Advisory Committee is intended to monitor
METROPOLITAN's performance as Trustee and to provide advice
and approval to METROPOLITAN with respect to policy matters
2.1
F
as specified in subsection c hereof. The Advisory Commit-
tee is hereby established as the principal means of communi-
cation between METROPOLITAN, as Trustee, and the other
Owners with respect to matters involving the Reservoir.
METROPOLITAN shall consult with the Advisory Committee and
the Advisory Committee shall consult with METROPOLITAN at
least quarterly concerning operation, maintenance, repair or
improvement of the Reservoir.
c. Powers.
(i) Majority Vote: The Advisory Committee
shall have the following powers which may be exercised
only upon the affirmative vote of a majority of Owners
representing in excess of 50% of the total ownership
interests as shown in Table I hereof ( "majority vote"
herein). As provided in Section 7d hereof, a defaulting
Owner shall not be entitled to vote, and its ownership
interest shall not be included for purposes of determining a
majority vote, on the Advisory Committee. TIC shall not be
entitled to vote, and its ownership interest shall not be
included for purposes of determining a majority vote, on any
matter relating to Reservoir expenses or other costs re-
quired by this Trust Agreement to be allocated in accordance
with Table IV hereof.
(_ 2.2
�U
A. Render advice to METROPOLITAN as to
policy matters affecting its duties as Trustee.
B. Approve an annual budget, including
all Reservoir expenditures as provided in Section 6a
hereof. Provided, however, that certain improvement
projects shall be approved by a unanimous vote as
provided in subparagraph (ii).below and Section
9c hereof.
C. Approve an annual report prepared by
METROPOLITAN including financial statements showing
receipts and expenditures incurred by METROPOLITAN as
Trustee prepared in accordance with METROPOLITAN's
normal accounting practices. The annual report shall
be prepared by METROPOLITAN for the preceding fiscal
year and submitted to each Owner on or before August 31
of each year. The Advisory Committee shall meet to
review the annual report prior to September 30 of each
year. The Advisory Committee may direct Metropolitan
to employ an independent auditor or auditing firm to
review, and to report to the Advisory Committee con-
cerning, the financial statements included in the
annual report. The expense of employing any such
auditor or auditing firm shall be included in the
operating and maintenance expenses for the Reservoir.
2.3
5
0`. i
D. Ratify the terms of any sale of owner-
ship interest in which METROPOLITAN participates as a
seller or buyer as provided in Section 3c hereof, pro-
vided, however, that such ratification shall not be
withheld unreasonably.
E. Determine issues of alleged abuse of
an Owner's Storage Rights referred to the Advisory
Committee by METROPOLITAN as provided in Section 5a
hereof.
F. Confirm or adjust flow allocations
extending beyond 72 hours as provided in Sections
5d(iv), 5e(iv) and 5f(v) hereof.
G. Approve additional emergency deposits
necessary from Owners when the budgeted contingency
fund is exhausted as provided in Section 6d hereof.
H. Approve Reservoir insurance program as
provided in Section 8a.
I. Approve alternate financing methods
for Reservoir repairs as provided in Section 9b hereof.
J. Recommend resolutions to disputes
among Owners as provided in Section 10a hereof.
K. Approve improvement projects required
to comply with orders of officials having jurisdiction
2.4
/ -1 -VU
over the Reservoir with regard to matters affecting the
public health or safety.
(ii) unanimous Vote: The Advisory Committee
shall have the following powers which may be exercised only
upon the affirmative vote of 100% of the total ownership
interests as shown in Table I hereof ( "unanimous vote"
herein). As provided in Section 7d hereof, a defaulting
Owner shall not be entitled to vote, and its ownership
interest shall not be included for purposes of determining a
unanimous vote, on the Advisory Committee. TIC shall
not be entitled to vote, and its ownership interest shall
not be included for purposes of determining a unanimous
vote, on any matter relating to Reservoir expenses or other
costs required by this Trust Agreement to be allocated in
accordance with Table IV hereof.
A. Amendment of any provision of this
Trust Agreement.
B. Approve improvement projects if the
total budgeted cost of all such improvement projects
initiated in any fiscal year exceeds 50% of the
budgeted operation and maintenance expenditures for
that fiscal year. Improvement projects required to
comply with orders by officials having jurisdiction
over the Reservoir with regard to matters affecting the
public health or safety shall not require unanimous
2.5
approval but such projects shall require approval by a
majority vote of the Advisory Committee.
C. Release of Owners from payment of
Reservoir expenses with respect to sold ownership
interests as provided in Section 3e(iii) hereof.
D. Approve amendments or variances to
Operating Criteria as provided in Section 5(b) hereof.
E. Approve use of Emergency Storage to
satisfy normal operating requirements or a Demand
W
Emergency as provided in Sections 5d(v) and 5e(v)
hereof.
F. Approve alternative methods to fin-
ance Reservoir improvement projects as provided in
C- Section 9c hereof.
d. Authoritv of METROPOLITAN.
Except for those powers reserve) to the Owners
through the Advisory Committee in this Section 2, METRO-
POLITAN shall have complete authority to decide all matters
pertaining to the operations, maintenance, repair, replace-
ment, modification or improvement of the Reservoir and shall
have full discretion to exercise its powers in accordance
with the terms of this Agreement without prior consent of
the Advisory Committee or any Owner. METROPOLITAN shall
have unrestricted discretion to operate the Reservoir to
protect public health and safety in the event of catastrophe
involving the Reservoir or the water stored therein.
2.6
7 -1 -80
SECTION 3. TRANSFER OF OWNERSHIP.
a. Annual Common Sales Pool.
All or part of an Owner's interest in the Reservoir
may be sold to another public agency, whether or not the
buyer is an Owner of an interest in the Reservoir at the
time of sale. Before July 1 of each year, any Owner desir-
ing to sell all or part of its ownership interest shall
notify METROPOLITAN of the amount of its ownership interest
to be offered for sale during the ensuing fiscal year.
Owners that do not provide notice of desire to sell shall
not be eligible to participate in sales of ownership inter-
ests for that fiscal year. All ownership interests offered
for sale shall be combined in a Common Sales Pool for that
fiscal year and no ownership interest, except as specified
in paragraph (f) below, may be sold outside of the Common
Sales Pool. METROPOLITAN annually shall notify all Owners
of the identity of participants in the Common Sales Pool and
the amount of interest offered by each. The sale of an
ownership interest shall not affect the ratio of Regulatory
Storage capacity to Emergency Storage capacity available to
any Owner and shall not change the totals of Emergency
Storage and Regulatory Storage in the Reservoir. Each
Reservoir Owner shall immediately notify METROPOLITAN if it
becomes aware of a potential buyer.
3.1
7 -1 -80
b. Responsibility for Payments.
Participants in the Common Sales Pool will remain
responsible for all payments provided for in this Trust
Agreement for so long as the ownership interest remains
unsold and thereafter as provided in sub - paragraphs e(ii)
and e(iii) below.
c. Terms of Sale and Sale Procedures.
METROPOLITAN shall act as sales agent for Owners
that participate in the Common Sales Pool and shall use its
best efforts to secure terms of sale favorable to such
Owners through negotiations with potential buyers. METRO-
POLITAN shall notify all the Owners concerning the terms of
any prospective sale. An Owner participating in the Common
Sales Pool, within 30 days after notice of terms of sale,
may withdraw part or all of its ownership interest from the
Common Sales Pool if it is not satisfied with the terms of
the sale. Owners not participating in that year's Common
Sales Pool shall have the first right, exercisable within
30 days after notice of terms of sale, to purchase from the
Common Sales Pool, upon the noticed terms, part or all of
the ownership interests offered for sale. If the Common
Sales Pool is over - subscribed by existing Owners, the
ownership interests in the pool shall be divided among
and sold to the interested Owners in proportion to their
respective ownership interests in the Reservoir. The
3.2
7 -1 -80
ownership interests remaining in the Common Sales Pool after
any withdrawals by participants in the Common Sales Pool
and any sales to existing Owners may then be sold to any
new public agency buyer(s), upon the terms announced by -
METROPOLITAN. If METROPOLITAN participates in any sale as a
seller or a buyer, the terms og the sale shall be subject to
ratification by the Advisory Committee upon a majority vote,
provided such ratification shall not be unreasonably with-
held.
d. Proceeds of Sale and Reduction of Interest.
The proceeds from any sale shall be collected by
METROPOLITAN and divided among the Owners participating in
the Common Sales Pool in proportion to the amount of their
ownership interest in the Common Sales Pool at the time of
the sale. METROPOLITAN shall be escrow holder for documents
_of transfer. METROPOLITAN may deduct costs incurred by it
in arranging the sale and shall deduct from a defaulting
Owner an amount equal to any default by that Owner from the
proceeds prior to distribution to selling Owners. Such de-
duction shall be allocated in proportion to defaults under
Sections 4, 6 and 9 and distributed to the Owner or Owners
entitled to payment or repayment to cure the default.
The ownership interest of each selling Owner shall be
reduced in proportion to the ratio between the quantity of
ownership interest sold and the total quantity of ownership
interest in the Common Sales Pool at the time of the sale.
3.3
C
The annual report referred to in Section 2c(i)(C) shall
include revisions to Tables I, II, III and IV to this
Agreement necessary to reflect the foregoing adjustments and
no amendment of this Agreement shall be necessary for this
purpose. Unsold ownership interests shall remain in the
Common Sales Pool for possible sale during the balance of
the fiscal year.
e. Conditions of Sale.
All sales from the Common Sales Pool shall be
subject to the following conditions.
(i) Each buyer of ownership interest in the
Reservoir shall hold the ownership interest
subject to all the terms, conditions, obligations
and liabilities of this Trust Agreement. No new
burdens ehall be imposed upon METROPOLITAN as
a result of the sale, except the additional
responsibility of acting as trustee for an addi-
tional Owner on the same basis as for other
Owners. The rights of Reservoir Owners not
participating in the sale will not be altered as a
result of the sale.
(ii) The sale notwithstanding, selling Owners
will remain obligated to IRWD for payment of a
share of IRWD's San Joaquin Reservoir annual bond
debt retirement (see Section 4) in proportion to
3.4
7 -1 -80
their capacity in the Common Sales Pool before the
sale, if the buyer defaults on any such payments.
IRWD in its sole discretion may release the selling
Owners from this obligation if IRWD is satisfied-
with the credit worthiness of the buyer.
(iii) The sale notwithstanding, selling Owners
will remain obligated to METROPOLITAN, and to all
other Owners to pay a share of Reservoir expenses
(see Sections 6 and 9 hereof) in proportion to
Owner interest in the Common Sales Pool before the
sale if the buyer defaults on any payment. The
Selling Owners may be released from this obligation
upon a unanimous vote of the Advisory Committee.
f. Transfer of The Irvine Company Interest.
TIC may dispose of part or all of its ownership
interest to any public agency without offering it for sale
through the Common Sales Pool. Upon acquisition by a public
agency, TIC's interest shall become fully subject to all
provisions of this Trust Agreement including, without limi-
tation, the obligations to pay a proportionate share of
Reservoir operation and maintenance expenses, expenses of
improvement projects and debt service costs, and capital
costs and the requirement to sell through the Common Sales
Pool.
3.5
/ -1 -tSU
SECTION 4. FUTURE IRWD DEBT PAYMENTS.
IRWD has heretofore incurred bonded indebtedness
to construct the Reservoir. The Owners listed on Table II
below are responsible for payments of the shares of IRWD
bond debt retirement shown in Table II.
Each Owner subject to future debt payment shall
pay to IRWD a share, as set forth in Table II, of IRWD debt
service payments as shown in Exhibit "C ", attached and by
4.1
TABLE II
Ownership Interest
Future Debt
Name of Agency
Subject to Future Debt
Percentage
Irvine Ranch Water
District
1,461
48.93%
Mesa Consolidated
Water District
583
19.528
Huntington Beach
400
13.40%
Metropolitan Water
District
300
10.05%
Laguna Beach County
Water District
156
5.22%
South Coast County
Water District
50
1.67%
Newport Beach
36
1.21%
The Irvine Company
--
--
2,986 acrO feet
100.00%
Each Owner subject to future debt payment shall
pay to IRWD a share, as set forth in Table II, of IRWD debt
service payments as shown in Exhibit "C ", attached and by
4.1
/ -I-OU
r1 rr
this reference incorporated herein. At least 30 days
prior to the due date of each payment, IRWD shall provide
the Owners shown in Table II with written notice of the
amount of each Owner's share of the payment and the date
when due. The method of payment of each Owner's obligation
shall be determined by mutual agreement between IRWD and
each Owner and may include, without limitation, use of
I
postdated checks or transfer of "same day" money. IRWD
shall not be required to pay interest on money deposited in
advance of the due date.
As shown in Table II, TIC's ownership interest is
not subject to payment of a share of IRWD debt service.
Ownership interests transferred by TIC as provided in Sec-
tion 3f hereof shall become subject to the requirement of
this provision to pay a share of IRWD's future debt service
obligations after the date of the transfer.
4.2
l -1 -OV
SECTION 5. OPERATING CRITERIA FOR SAN JOAQUIN RESERVOIR
a. Agency Storage Rights.
Storage capacity in San Joaquin Reservoir is
available for use by each Owner for regulatory and emergency
purposes. Reservoir storage capacity shall be divided into
Emergency Storage and Regulatory Storage. ,Water in the
Reservoir below elevation 438 feet is hereby designated
as Emergency Storage and that above said elevation is
designated as Regulatory Storage. Use of Emergency Storage
and Regulatory Storage shall be governed by the provisions
of this Section 5.
Each Owner hereby covenants with all other Owners to
use its storage rights in a manner consistent with the
provisions of this Section 5. If METROPOLITAN believes
that any Owner is operating contrary to this covenant,
METROPOLITAN shall endeavor to correct the violation and, if
unable to do so, shall refer the violation to the Advisory
Committee with recommendations. The Advisory Committee
shall resolve the matter upon a majority vote and such
resolution shall be final and binding upon all Owners.
b. Operating Criteria.
Criteria for filling and drawing down the Reservoir
( "Operating Criteria" herein) shall be established and may
be modified by the Advisory Committee in accordance with
these provisions. The initial Operating Criteria are
5.1
(6
(0
attached hereto as Exhibit "D" which by this reference is
incorporated herein. METROPOLITAN may recommend amendment
of the Operating Criteria from time to time. Amendment of
the Operating Criteria shall require approval by a unanimous
vote of the Advisory Committee.
a
METROPOLITAN shall exercise reasonable efforts to
adhere to the Operating Criteria unless a variance thereto
is approved by a unanimous vote of the Advisory Committee.
Owners covenant not to sue METROPOLITAN, its officers, or
employees and METROPOLITAN shall not be liable to the Owners
for any damage to the Reservoir so long as METROPOLITAN has
exercised reasonable efforts to operate the Reservoir in
accordance with the approved Operating Criteria or any
approved variance thereto or in the exercise of its judgment
in response to an act of God or other emergency.
c. Authoritv of METROPOLITAN.
METROPOLITAN shall exercise its best efforts to
operate and maintain the Reservoir for the benefit of all
the Owners to meet their regulatory and emergency require-
ments, consistent with the Operating Criteria, prudent
operating principles, and with federal and state water
quality, health, and safety standards.
5.2
I -i -VU
d. Normal Operations.
(i) Normal Conditions. The Regulatory Storage
of the Reservoir shall be available for use by the Owners
when normal operating conditions prevail. Normal operating
conditions prevail except when there is a Demand Emergency
or a Source Emergency. For purposes of determining appli-
cation of any METROPOLITAN pricing policy which takes into
consideration excessive peaking requirements on the East
Orange Counter Feeder No. 2, the Orange County Feeder and
the Irvine Cross Feeder, the capacities shown in Table
III shall be considered to be within an Owner's system, and
not within METROPOLITAN's system. The Regulatory Storage
C= capacity shall be available to each Owner to offset such
peak pricing policy, whether or not water is delivered to
the Owner from the Reservoir, and shall be deemed to be
replaced on the first day of each calendar month if the
water surface elevation in the Reservoir was at elevation
438 feet or higher throughout the preceding calendar month.
5.3
7 -1 -80
CTABLE III
*Regulatory Storage
Capacity
IRWD
722
of
Mesa Consolidated
288
of
a
City of Huntington Beach
198
of
Metropolitan
148
of
Laguna Beach
77
of
TIC
31
of
South Coast
25
of
Newport Beach
18
of
Total
1507
of
*Above elevation 4 ?8; 49.41% of total capacity
(ii) Substitute Water Delivery. Under normal
operating conditions, Owners shall have the right to re-
ceive, and METROPOLITAN will endeavor to provide, substi-
tute water deliveries from METROPOLITAN'S distribution
system to service connections serving Owners when direct
deliveries of Reservoir water are not being made. In the
event of a condition which prohibits normal Reservoir
operations, METROPOLITAN will attempt to continue these
substitute deliveries to provide service similar to normal
5.4
operations. Substitute deliveries during normal operating
conditions will, for billing purposes, be considered to have
been made from an Owner's Regulatory Storage capacity.
(iii) Use of Regulatory Storage. Regulatory
Storage shall be used at the discretion of each Owner,
except that for operation and maintenance purposes and
subject to METROPOLITAN's obligations as trustee, METROPOL-
ITAN may temporarily operate the Reservoir at less than full
and thereby use any Regulatory Storage capacity which is not
immediately needed by another Owner. METROPOLITAN shall use
its best efforts to replace the Regulatory Storage thus
utilized as soon as operationally feasible. Nothing con-
(77. tained in this Agreement is intended to alter the capacity
rights of any Reservoir Owner in the East Orange County
Feeder No. 2. Each Reservoir Owner hereby covenants to
operate its system consistent with its capacity rights in
East Orange County Feeder No. 2 and its Regulatory Storage
capacity in the Reservoir. Subject to review by the
Advisory Committee, METROPOLITAN may operate service connec-
tions to each Reservoir Owner to prevent violation of the
foregoing covenant.
(iv) Temporary Allocation. METROPOLITAN will
use its best efforts to operate the Reservoir to meet all
deliveries requested by Reservoir Owners. However, under
unusual circumstances, including, but not limited to,
5.5
mechanical failures or water quality deficiencies, METRO-
POLITAN temporarily will allocate the available flow from
Regulatory Storage. No Owner shall be entitled to demand
flows from the Reservoir which exceed a percentage of
available flows from the Reservoir equal to its ownership
percentage as shown in Table I, but METROPOLITAN may tem-
porarily allocate unused flows to Owners desiring additional
flows. Any temporary allocation of flow which extends
beyond 72 hours shall be confirmed or adjusted by a majority
vote of the Advisory Committee.
(v) Emergency Storage in Reserve. Emergency
Storage shall not be utilized for normal operations. Except
as provided herein, the Reservoir shall not be operated at a
surface elevation lower than 438 feet. METROPOLITAN shall
notify all Reservoir Owners whenever it appears that the
water elevation in the Reservoir is approaching 438 feet.
METROPOLITAN shall call a meeting of the Advisory Committee
to determine whether and upon what restrictions Emergency
Storage may be utilized. Emergency Storage may be utilized
to satisfy normal operations requirements only upon the
unanimous vote of the Advisory Committee.
e. Demand Emergency Operations.
(i) Demand Emergencies. A Demand Emergency is a
sudden catastrophic occurrence within the area served by an
Owner's distribution or storage system that is beyond an
Owner's control, which causes unusually high water demand,
and which requires unrestricted flows from the Reservoir.
5.6
(ii) Mutual Aid Covenant. Each Owner hereby
pledges use of its Regulatory Storage capacity to each other
Owner in the event of a Demand Emergency and hereby cove-
nants to reduce or cease withdrawals from the Reservoir so
that such Regulatory Storage capacity is available for use
by any Owner with a Demand Emergency.
(iii) Procedures and Temporary Allocations. An
Owner with a Demand Emergency shall notify METROPOLITAN.
METROPOLITAN shall immediately take all steps necessary to
provide maximum safe flows from the Reservoir to such Owner.
METROPOLITAN shall determine if flows to other Reservoir
Owners must be allocated in order to meet the Demand
Emergency from Regulatory Storage available in the Reser-
voir. If so, METROPOLITAN shall determine the extent
to which flows must be allocated and shall notify each
Reservoir Owner as to the amount of flow it is entitled
to take from the Reservoir during the Demand Emergency.
Each Owner shall make appropriate internal adjustments to
its distribution system to operate within the flow alloca-
tions established by METROPOLITAN. In the event any Owner
fails to make such adjustments, METROPOLITAN may operate
service connections serving such Owner from the Reservoir to
implement the allocation.
(iv) Extended Emergencies. In the event that a
Demand Emergency exceeds 72 hours in duration, METROPOLITAN
5.7
shall immediately call an extraordinary session of the
Advisory Committee for purpose of confirming or adjusting
the Demand Emergency allocations established by METRO-
POLITAN. The Advisory Committee shall act to confirm or
adjust the Demand Emergency allocations upon a majority vote
of the Advisory Committee.
(v) Exhaustion of Regulatory Storage. In the
event that a Demand Emergency exhausts the available Regula-
tory Storage of the Reservoir, Emergency Storage may be
utilized to satisfy the Demand Emergency requirements
of a Reservoir Owner only upon a unanimous vote of the
Advisory Committee.
f. Source
Emergency Operations.
(i)
Source Emergency
Conditions.
Emergency
Storage shall be available for use in the event of a Source
Emergency. A Source Emergency is an event which interrupts
or restricts in -flow to the Reservoir from East Orange
County Feeder No. 2 for longer than 48 hours as determined
in the sole discretion of METROPOLITAN.
(ii) METROPOLITAN Alternate Sources. In the event
of a Source Emergency, METROPOLITAN will make every effort
consistent with METROPOLITAN's water service regulations to
substitute deliveries from other facilities.
(iii) Use of Emergency Storage. In the event of a
Source Emergency, METROPOLITAN shall notify the other
5.8
C.
0 W
Owners that a Source Emergency exists. During a Source
Emergency, all water in the Reservoir shall be Emergency
Storage subject to the flow allocations provided herein
until such time as all storage is exhausted.
(iv) Flow Allocation. Each Owner shall be en-
titled to a percentage of available flows from the Reservoir
in proportion to its ownership percentage shown in Table I.
Each Owner may use such flows for so long as it has unused
Emergency Storage capacity. Each Owner shall be entitled to
Emergency Storage capacity calculated as a percentage of
Emergency Storage in proportion to its ownership percentage
shown in Table I. METROPOLITAN shall insure that no Owner
exceeds its allocated Source Emergency flows and Emergency
Storage capacity and may operate service connections to
assure compliance. This allocation will continue until the
Source Emergency condition is corrected or until the water
in the Reservoir has been exhausted, whichever occurs
first.
(v) Released Flows and Reserved Capacity. If an
Owner does not require immediate use of its full flow
entitlement, it may notify METROPOLITAN that part or all of
its flow entitlement may be released to other Owners. Any
such notice shall be within 24 hours after METROPOLITAN's
notice that a Source Emergency exists and shall specify the
percentage of flow entitlement to be released and the time
5.9
l�
/-1-OV
period for the released flow. After consulting the other
Owners as to their needs, METROPOLITAN shall make a reason-
able allocation of such released flows among the other
Owners. METROPOLITAN shall notify the Owners as to the
allocation of released flows and each Owner, within 24
a
hours, may request an immediate extraordinary session of the
Advisory Committee for purposes of confirming or adjusting,
upon a majority vote, the allocation of released flows.
Any Owner using released flows may not withdraw more than
its own Emergency Storage capacity, together with such
capacity obtained by assignment as provided in Paragraph
(vi) below. The time period for the released flow may be
extended from time to time by the releasing Owner, subject
to the foregoing requirements for allocation. The releasing
owner shall be entitled to reserve all or a portion of its
Emergency Storage capacity for use when the time period
for released flow expires. Upon expiration of the time
period for released flow, each Owner shall be entitled to a
percentage of available flows from the Reservoir in the
proportion that its remaining Emergency Storage capacity,
including reserved capacity, bears to the total Emergency
Storage remaining in the Reservoir.
(vi) Assignment of Capacity and Flow Allocation.
Each Owner may assign part or all of its Emergency Storage
capacity or flow entitlement or both to another Owner upon
5.10
/ -1 -OV
0.
such terms as are mutually agreeable to the assignor and the
assignee. The assignor Owner shall notify METROPOLITAN as
to the assignment and METROPOLITAN shall operate the Reser-
voir accordingly.
(vii) Reservoir Refill. At the conclusion of a
r
Source Emergency, the Reservoir will be refilled. Flows
from the Reservoir will continue to be restricted until
the water surface has reached elevation 450 feet.
g. Reservoir Maintenance and Repair.
(i) Authority. Except as provided herein, METRO-
POLITAN shall have complete authority to decide all matters
pertaining to the maintenance and repair of the Reservoir
�:. and its appurtenances. Maintenance and repair activities
are those necessary to continue or restore the operating
capabilities or characters .3tics of the Reservoir as con-
templated and required in this Agreement and do not include
capital improvement projects which result in enhancement of
Reservoir operating capabilities or characteristics.
(ii) Normal Maintenance and Repairs. Normal
maintenance and repairs include but are not limited to
routine activities, such as daily patrolling and maintenance
of roads, meter and instrument readings, Reservoir cleaning
not requiring shutdown of the facility, chemical treatment,
and grounds upkeep and periodic maintenance or repair
projects which require the Reservoir to be out of service.
5.11
The Reservoir's annual budget shall provide for normal
maintenance
and
repair
and shall
separately identify major
maintenance
or
repair
projects.
METROPOLITAN, to the
greatest extent practicable, shall schedule major mainte-
nance or repair projects requiring the Reservoir to be out
of service at times of the year when water demands are low
and will endeavor to keep the Reservoir fully operational
during periods of high seasonal demand. Maintenance or
repair projects which affect the useful operations of the
Reservoir, to the greatest extent practicable, shall be
scheduled in advance and coordinated with the other Reser-
voir Owners through the Advisory Committee. The Reservoir
annual report shall separately account for major maintenance
or repair projects.
(iii) Emergency Maintenance and Repair. Emergency
maintenance and repair activities are those required by
unforeseen events, which require immediate action and which
are not specifically anticipated in the annual budget.
METROPOLITAN may undertake emergency maintenance and repair
activities without prior consultation with the Advisory
Committee or any Owner. The annual Reservoir budget shall
provide a reasonable contingency fund for emergencies.
5.12
W
SECTION 6. RESERVOIR EXPENSES.
a. Allocation and Annual Reservoir Budget. METRO-
POLITAN shall prepare a proposed Reservoir budget for each
fiscal year, commencing July 1, and submit it to each Owner
not later than March 31 of each year. The Advisory Commit-
tee, prior to April 30, shall consider and adopt a Reservoir
budget for the ensuing fiscal year. The Reservoir annual
budget shall allocate among Owners, in accordance with Table
IV below, all Reservoir expenses, other than those described
in Section 4 and Section 9, for the ensuing year. Reservoir
expenses shall be estimated and budgeted based upon the
provisions of this Trust Agreement. The Reservoir annual
budget shall include a reasonable contingency fund to pay
the cost of emergency maintenance and repair activities and
to pay any legal liabilitN. not specifically enumerated in
the Reservoir annual budget. Upon approval of the budget,
METROPOLITAN shall be authorized, without further approval
by the Advisory Committee, to undertake the expenditures set
forth in the budget. Debt service obligations set forth in
Section 4 and Section 9 shall be submitted within the annual
budget but are not subject to approval by the Advisory
Committee as provided in Section 2c(i)B hereof. Ownership
interest held by TIC is not subject to the requirement to
pay a share of Reservoir expenses, but such Ownership
interest shall become subject to such requirement whenever
6.1
7 -1 —ao
transferred to any other Owner as provided in Section 3f
hereof.
Agency Name
Irvine Ranch
Water District
Mesa Consolidated
Water District
City of
Huntington Beach
Metropolitan
Laguna Beach County
Water District
The Irvine Company
South Coast County
Water District
City of Newport Beach
TOTAL
TABLE IV
Ownership
Interest Subject
to Share of Expenses
A
1,461
583
400
300
156
50
36
2,986
Percentage
Expense
Allocation
48.938
19.528
13.39%
10.05%
5.228
1.678
1.218
100.008
b. Calculation of Expenses.
(i) Operation and Maintenance Expenses. Operation
and maintenance expenses to be allocated among the owners in
accordance with Section 6a hereof shall include METROPOLI-
TAN'S applicable direct costs calculated in accordance with
METROPOLITAN'S normal accounting practices plus METROPOLI-
TAN'S incremental overhead expenses incurred in connection
with operation and maintenance of the Reservoir, hereby
6.2
agreed to be 10 percent of METROPOLITAN'S direct labor costs,
including payroll additives.
(ii) Improvement Project Expenses. Improvement pro-
ject expenses shall be determined by METROPOLITAN in accor-
dance with METROPOLITAN'S normal accounting practices, in-
5
cluding METROPOLITAN'S regular overhead expenses for this type
of project.
c. Owner's Budget Obligation. Concurrently with the
execution of this Agreement, each Owner shall establish a
separate San Joaquin Reservoir Fund in its books of account
and shall deposit to such account all water and water re-
lated revenues necessary to make all the annual payments for
operations, maintenance, debt service and any other obliga-
tion due from Owner under the terms of this Agreement.
Each Owner shall annually budget and appropriate
such sums from its San Joaquin Reservoir Fund as are suffi-
cient in each year to meet its share of the Reservoir
budget, together with its share of debt payments as provided
in Sections 4 and 9 hereof.
d. Payment. Following approval of the annual budget,
but not before July 1 of any year, METROPOLITAN shall mail
statements to each Owner showing that Owner's share of
approved Reservoir expenses. Each Owner shall deposit the
total of such statement with METROPOLITAN within 30 calendar
days of the date of such statement. Payment of a share of
6.3
(0
7 -1 -80
Reservoir expenses shall continue as an obligation of each
Owner even though the Reservoir or related facilities are
partially or totally out of service for any period of time
and even though any Owner does not use the Reservoir or
related facilities. In the event that an emergency mainte-
nance or repair activity or a legal liability, or both,
threatens to exhaust the contingency fund established in the
Reservoir annual budget, METROPOLITAN shall estimate
the additional funds necessary to complete the activity or
to pay the legal liability and shall calculate the addi-
tional emergency deposit of funds necessary from each Owner
in proportion to the Owners' respective shares of operation
and maintenance expenses as provided in Subsection b above.
In such event, METROPOLITAN shall convene an extraordinary
session of the Advisory Committee to confirm the additional
emergency deposit. Upon approval of the additional emer-
gency deposit by a majority vote of the Advisory Committee,
each Owner shall immediately deposit with METROPOLITAN its
share of the additional emergency deposit. METROPOLITAN
shall coordinate with Reservoir Owners, through the Advisory
Committee, the operation of the Reservoir during the time
necessary to complete emergency maintenance or repairs.
e. Maintenance of Trust Account. METROPOLITAN shall
deposit payments made to it by the Owners pursuant to this
Trust Agreement in one or more Trust Accounts separate from
6.4
0.
0
/-1-bU
METROPOLITAN's other accounts and shall account for deposits
into such Trust Account or Accounts and for expenditures
therefrom. However, METROPOLITAN may commingle, and invest
together with its own funds, payments received from Owners
for credit to the Trust Account or Accounts with METROPOLI-
TAN's own funds. METROPOLITAN may draw from such Trust
Account or Accounts for proper charges provided in this
Agreement. METROPOLITAN, to the greatest extent practic-
able, shall hold or invest all funds _so deposited to earn
interest, and the interest earned shall be credited to the
Trust Account or Accounts. Any sums remaining in the Trust
Account or Accounts at the close of the fiscal year shall be
carried over to the following fiscal year. All Reservoir
expenses shall be accounted for in the annual report re-
ferred to in Section 2c(i)(C).
f. Billing and Payment for Water. All water stored in
or delivered into San Joaquin Reservoir shall be owned by
METROPOLITAN. METROPOLITAN shall bill Municipal Water
District of Orange County ( "MWDOC") or Coastal Municipal
Water District ( "Coastal ") for water delivered from the
Reservoir depending on whether an Owner has taken delivery
of such water from a MWDOC or Coastal service connection.
Such billing, and payment thereof by MWDOC or Coastal, shall
be made in accordance with the applicable rules established
from time to time by METROPOLITAN's Board of Directors.
6.5
1(
V
MWDOC and Coastal may bill each Owner who is its member
agency or subagency for water delivered to such Owner from
Reservoir, and Owners shall pay for water so billed, in
accordance with the applicable rules that may be established
from time to time by the Board of Directors of MWDOC or
Coastal.
6.6
e:
c
SECTION 7. DEFAULT.
a. Default Defined.
Default shall mean the failure of any Owner to make
the payments required by Sections 4, 6 and 9 when due.
b. Penalty for Default.
(i) Intent. All Owners understand and agree that
the Reservoir is to be owned and used as a joint facility
and that each Owner must make timely payment of all Reser-
voir obligations to avoid unfairness to other Owners, in
particular METROPOLITAN and IRWD. The Owners understand
and agree that late payment or non - payment of Reservoir ob-
ligations may require other Owners to incur expenses or to
lose interest on their funds in order to cover such default
or both. The Owners each specifically agree in advance to
the imposition of the penalties provided herein in order to
compensate for expenses and losses incurred by reason of a
default and to provide mutual incentive to all Owners to
avoid default.
(ii) Enforcement and Use of Proceeds. The provi-
sions of this section shall be enforced by (1) IRWD with
respect to defaults in obligations under Section 4, and (2)
METROPOLITAN with respect to defaults in obligations under
Sections 6 and 9. Any penalty received by IRWD may be
retained for its own account. Any penalty received by
METROPOLITAN with respect to Section 9 may be retained by
7.1
T
I-1-UU
METROPOLITAN for its own account. Any penalty received by
METROPOLITAN with respect to Section 6 shall be credited by
METROPOLITAN toward meeting Reservoir expenses.
(iii) Penalty Rate. The amount of any default
shall be subject to a penalty charge at an annual percentage
.rate equal to 5% over the prime lending interest rate of the
Bank of America, NT &SA, at San Francisco on the date of de-
fault. Said penalty shall be computed from the date of de-
fault until the date of payment.
(iv) Waiver. Upon application of the defaulting
Owner stating reasons for late payment, the penalty charge
may be waived on any payment received within five calendar
days after it is due. Waiver shall be in the total discre-
tion of IRWD with respect to a Section 4 default and of
METROPOLITAN with respect to a Section 6 or 9 default.
The penalty shall not be waived for any payment received
more than five calendar days after it is due.
(v) Minimum Penalty. Payments received more than
five days after the date of default shall be subject to a
penalty (1) computed in accordance with Section 7b(iii)
or (2) a minimum penalty of six percent of the amount
in default, whichever is greater.
c. Reallocation of Defaults.
In the event an Owner defaults under the terms
hereof, the payment obligations under Sections 4, 6 and 9
7.2
7 -1 -80
shall be reallocated among the non - defaulting Owners in pro-
portion of each non - defaulting Owner's ownership interest at
the time of default. This reallocation and any payments
made pursuant thereto shall not be deemed a waiver of any
rights that might accrue to IRWD, METROPOLITAN or any Owner,
against the defaulting Owner. Twenty days after the date of
default IRWD or METROPOLITAN, as the case may be, may notify
the other Owners of the default and the amount due from each
of them to cover the default in accordance with this pro-
vision. Each Owner shall make payment of its share of such
default reallocation within 30 days after the date of such
notice. Reallocation and payment shall not relieve the
defaulting party of liability for the penalty provided
herein. If payment is received from the defaulting party
subsequent to reallocation among and payment by the other
Owners, such payment from the defaulting party shall be used
to reimburse the other Owners. The Owners who covered the
default shall not be entitled to share in any penalty except
as provided in Section 7b(iii) above.
d. Termination of Reservoir Use and Loss of Vote.
Twenty days after default, METROPOLITAN may termi-
nate use of the Reservoir to any defaulting Owner, including
peaking rights as provided in Section 5d(i) hereof, and the
defaulting Owner shall not be entitled to vote on the Advis-
ory Committee. Such termination and loss of vote shall not
7.3
<i (`i
relieve any Owner's obligations under this Agreement.
Termination and loss of vote shall continue until such time
as the default is cured and the penalty provided herein is
paid. In the event that METROPOLITAN is required by force
of law to provide water from the Reservoir to a defaulting
Owner, METROPOLITAN may impose a special charge in an amount
a
sufficient to offset the default. Each Owner hereby agrees
to pay such charge during a period of default.
e. Sale While in Default.
If an Owner.in default desires.to sell all or part
of its ownership interest, the amount of the default shall
be deducted from the purchase price by METROPOLITAN as
provided in Section 3d hereof.
f. Legal Remedies.
The remedies for default provided above shall in
no way restrict IRWD, METROPOLITAN or other Owners from
bringing suit or seeking other remedy to legally compel
payment from the defaulting Owner. In addition to the
amount of the default, the defaulting Owner shall be liable
for the costs and attorneys' fees of the agency or agencies
seeking collection of the default.
g. Severability.
In the event that the penalty provision set forth
in Section 7b hereof is determined by a court of competent
jurisdiction to be invalid or unenforceable, the other
provisions of Section 7 with respect to remedies for default
and all other provisions of this Trust Agreement shall
remain valid and enforceable.
7.4
Section 8. INSURANCE AND INDEMNIFICATION.
a. Public Liability Insurance. Subject to the pro-
visions of this Section 8, METROPOLITAN shall use its best
efforts to procure public liability insurance protecting all
Owners against loss or liability arising out of the owner-
ship, maintenance, and operation of the Reservoir. Ini-
tially, such insurance shall be obtained by adding all
other Owners as additional named insureds to METROPOLITAN'S
existing policy or policies which are subject to a deduct-
ible amount of $10,000,000 for any single occurrence and
liability limits of $150,000,000 for each occurrence;
provided that in the event no such insurance is available to
the upper limit hereinabove specified at premium rates
considered reasonable by METROPOLITAN, METROPOLITAN may
procure such lesser insurance as may be available at premium
rates considered reasonable by METROPOLITAN. In the future,
similar public liability insurance against risk of loss or
liability arising out of ownership, maintenance and opera-
tion of the Reservoir may be obtained by METROPOLITAN (1) by
adding all other Owners to METROPOLITAN's then existing
policies as additional named insureds, (2) by procuring
separate policy or policies covering the Reservoir, or (3)
by a combination of (1) and (2). METROPOLITAN shall keep
the Advisory Committee fully informed as to the status of
Reservoir insurance coverage. METROPOLITAN may recommend
8.1
(6
/ -1 -Ou
changes in the deductible amount, the upper limits of
coverage, the premium and the nature of policy or policies
used after receiving the recommendation of an insurance
consultant to be retained by METROPOLITAN. The consultant
shall take account of prevailing market conditions and
custom and practice with regard to insurance coverage among
water agencies. Any Reservoir insurance program shall be
implemented only after approval by a majority vote of the
Advisory Committee which shall include —the affirmative vote
of METROPOLITAN. The premium for Reservoir insurance, if
any, over and above the premium for METROPOLITAN's own
separate insurance, shall be budgeted as part of the annual
budget for operation and maintenance and shall be allocated
among and paid by the Owners, other than METROPOLITAN and
TIC. Nothing herein contained is intended nor shall be
interpreted to restrict METROPOLITAN's discretion in estab-
lishing its own insurance or risk management program for its
non - Reservoir operations or purposes.
In consideration of the mutual promises and covenants
herein contained, the other Owners hereby covenant not to
sue or otherwise make claim against METROPOLITAN, its
directors, officers, employees or agents for any error or
omission by METROPOLITAN, its directors, officers, employees
or agents, in connection with the selection of broker or
carrier and the terms, provisions, and coverage of any
8.2
/ -1 -dU
Policy or policies of public liability insurance obtained by
METROPOLITAN in performing the duties of this Paragraph
8a.
b. Defense Against Claims and Suits. METROPOLITAN
shall have the right and duty to defend any claim or action
brought against the Owners, or any of them, which arises
out of the ownership, maintenance, and operation of the
Reservoir. This right may be exercised by any insurance
carrier insuring METROPOLITAN against loss arising from such
claim or action. But if any claim or action does not name
METROPOLITAN as a defendant or cross - defendant, METROPOLITAN
may tender the defense of such claim or action to any or all
Owners so named. In consideration of the mutual promises
and covenants herein contained, the other Owners hereby
covenant not to sue or otherwise make claim aga4_nst METRO-
POLITAN, its directors, officers or employees for any error
or omission by METROPOLITAN, its directors, officers or
employees in performing the duties of this Paragraph 8b.
C. Uninsured Losses. Any loss or liability arising
out of the ownership, maintenance and operation of the
Reservoir not covered by insurance, including losses and
liabilities within the deductible range or in excess of
Policy limits of coverage, together with METROPOLITAN's
reasonable cost of defending against such loss or liabil-
ity, shall be allocated among the Owners and paid by them
8.3
as a Reservoir operation and maintenance expense according to
Section 6 hereof; except that METROPOLITAN shall pay the
total amount of all losses and expenses arising from all
occurrences in each fiscal year up to the greater of (1)
$50,000 or (2) 10% of the amount budgeted in accordance with
Section 6 hereof for Reservoir operations and maintenance
expenditures for normal maintenance, repairs and operations
for the fiscal year of the occurrence or occurrences. It is
intended that the foregoing payments by METROPOLITAN will be
measured by the year of occurrence rather than the year of
claim or the year of payment. Each Owner hereby covenants
to indemnify and hold the other Owners harmless from its
share of uninsured losses. Initially, METROPOLITAN may pay
uninsured losses from the contingency fund established in
the Reservoir annual budget, subject to the provisions for
an additional emergency deposit as provided in Section 6d
hereof. The Advisory Committee may establish reasonable
requirements for exchange of insurance certificates or
self- insurance information to cover such losses.
d. Damage to Reservoir. Damage to the Reservoir
itself shall not be covered by insurance. The Owners
mutually agree that the costs to repair damage to the
Reservoir will be allocated among Owners and paid as a
Reservoir operation and maintenance expense as provided in
Section 6 hereof, unless such damage is caused by operation
8.4
0 •
of the Reservoir outside of the requirements of Section 5b
hereof.
8.5
SECTION 9. REPAIR AND IMPROVEMENT PROJECTS.
a. Financing of Projects. The Owners mutually under-
stand and agree that the cost of certain Reservoir repair
and improvement projects can create budgetary hardships for
some Owners and that from time to time it may be necessary
or desirable to provide a method to spread project costs
across more than one fiscal year. The Owners hereby
covenant to cooperate through the Advisory Committee
to establish feasible terms to finance_ future repair and
improvement projects in accordance with the procedures
outlined herein.
b. Repair Projects. Repair projects are those which
are necessary to continue or restore the operating capa-
bilities and characteristics of the Reservoir as con-
templated and required in this Agreement. Repairs include
those steps reasonably necessary to prevent events which
will impair those operating capabilities and characteris-
tics, even though such preventative measures may result in
some enhancement of the operating capabilities or character-
istics of the Reservoir. Repair projects are subject to the
normal Reservoir budget procedure as provided in Section 6a
hereof and shall be approved by a majority vote of the
Advisory Committee as set forth in Section 2c(i) hereof.
Emergency repairs shall be paid from the contingency fund
for emergencies established in each annual budget as pro-
9.1
vided in Section 6a hereof, subject to the provisions for an
additional emergency deposit as provided in Section 6d
hereof. Upon the request of any Owner, METROPOLITAN shall
report to the Advisory Committee any feasible financing
alternative to the normal payment process or the additional
N
emergency deposit of funds process set forth in Section 6d
hereof. The Advisory Committee may approve an alternative
method to finance repair projects upon a majority vote,
including the affirmative vote of METROPOLITAN.
c. Improvement Projects. Improvement projects are
those which will result in enhancement of the operating
capabilities or characteristics of the Reservoir. Improve-
ment projects are subject to the normal Reservoir budget
approval process as provided in Section 6a hereof. However,
a unanimous vote of the Advisory Committee shall be neces-
sary to approve improvement projects under the conditions
specified in Section 2c(ii) B hereof; provided, however,
improvement projects may be approved and carried out by less
than 100% of the Owners if, and only if: (1) the Owners who
agree to participate in such improvement project shall pay
100% of the cost thereof; and (2) the project will not
detrimentally affect Reservoir use as contemplated in this
Trust Agreement or increase the cost to any non-participat-
ing Owner. All improvement projects, whether or not ap-
proved by a unanimous vote of the Advisory Committee, shall
9.2
c0 (j
be carried out or contracted for by METROPOLITAN, as Trus-
tee. The cost of approved Reservoir improvement projects
shall be allocated and paid in accordance with Section 6
hereof unless an alternative method of financing is ap-
proved. Upon the request of any Owner, METROPOLITAN shall
report to the Advisory Committee any feasibile alternative
method to finance improvement projects. The Advisory
Committee may approve an alternative method to finance an
improvement project upon a unanimous vote.
d. Payment Obligations. In the event that an alterna-
tive method to finance a repair or an improvement project is
approved, the Owners shall be responsible for payments of
the percentages of repair or improvement financing costs
shown in Table II on page 4.1. At least 30 days prior to
the due date of each payment, METROPOLITAN shall provide the
Owners shown on Table II with written notice of the amount
of each Owners share and the date when due. The method of
payment of each Owner's obligation shall be determined by
mutual agreement between METROPOLITAN and each Owner and may
include, without limitation, use of postdated checks or
transfer of "same day" money. METROPOLITAN shall not
be required to pay interest on any sums deposited with it
prior to the due date.
As shown on Table II, TIC'S capacity is not subject to
payment of a share of Reservoir repair or improvement costs.
9.3
7 -1 -80
OL
�...
Ownership interests transferred by TIC as provided in
Section 3f hereof shall become subject to the requirement of
this provision to pay a share of repair or improvement
financing costs after the date of the transfer.
9.4
/-1-OU
SECTION 10. MISCELLANEOUS.
a. Disputes. In the event of a dispute between
Owners concerning matters arising under or in connection
with this Trust Agreement, including, but not limited to,
matters pertaining to the operation of the Reservoir or the
allocation or payment of costs or expenses arising from
ownership, operation or maintenance of the Reservoir, such
Owners shall attempt to resolve their dispute by meeting and
conferring among themselves. If the - disputing Owners are
unsuccessful in resolving the dispute by means of meeting
and conferring, any Owner who is a party to the dispute may
bring the matter to the attention of the Advisory Committee.
The Advisory Committee shall promptly meet with all disput-
ing Owners and give each disputing Owner full opportunity to
discuss the matter and to present sllch documentary or other
materials and such oral testimony as it deems appropriate.
The Advisory Committee shall make written recommendation
for resolving the dispute promptly after meeting with the
disputing owners. In the event the disputing Owners fail
to accept the recommendation of the Advisory Committee
or in the event the Advisory Committee fails to make a
recommendation within a reasonable time regarding the
dispute, any of the disputing Owners may institute litiga-
tion designed to resolve the disputed matter. For purposes
of instituting litigation, the period of limitations shall
10.1
/-1-011
not be tolled during the time that the informal proceedings
to resolve the dispute provided for herein are in progress
unless all parties to the dispute otherwise agree in writ-
ing. Neither anything said in any meeting between disputing
Owners concerning the dispute, nor in any meeting between
disputing Owners and the Advisory Committee with respect to
the disputed matter, nor the written recommendation of
Advisory Committee, shall be admissible in evidence in any
subsequent proceeding arising out of _the disputed matter.
b. Delegation of Authority. Whenever any action is
to be taken or decision or determination is to be made by
METROPOLITAN as Trustee under this Trust Agreement, such
action, decision or determination shall be effective when
taken or made by METROPOLITAN's General Manager or its duly
authorized representative.
C. Successors and Assigns Obligated. This Trust
Agreement and all of its provisions shall apply to and bind
the successors and assigns of the parties hereto.
d. Notices. All written notices that are required
either expressly or by implication to be given by one party
to any other under this Trust Agreement shall be deemed to
have been given if delivered personally or enclosed in a
properly addressed envelope and deposited in a United States
Postal Service office for delivery by registered or certi-
fied mail. Unless and until METROPOLITAN is otherwise
10.2
(i
(6
notified in writing, such notices shall be addressed to the
parties as follows:
Irvine Ranch Water District
Post Office Box DI
Irvine, California 92716
The Metropolitan Water District of
Southern California
Box 54153
Los Angeles, California 90054
City of Huntington Beach
Post Office Box 190
Huntington Beach, California 92648
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Mesa Consolidated Water District
1965 Placentia Avenue
Costa Mesa, California 92627
Laguna Beach County Water District
Post Office Box 987
Laguna Beach, California 92652
South Coast County Water District
31592 West Street
South Laguna, California 92677
The Irvine Company
550 Newport Center Drive
Newport Beach, California 92663
e. Agreement Exclusive.
This Trust Agreement incorporates the full and
complete understanding of the parties. Neither any oral nor
any written understanding not incorporated herein shall vary
the terms of this Trust Agreement or be utilized for the
purpose of interpreting any provision hereof. No alteration
10.3
0:1
0
I - 1 - U .
or variation of the terms of this Trust Agreement shall be
valid or binding on any of the parties hereto unless made in
writing and signed by the parties hereto.
f. Amendments in Writing. No amendment of this Trust
Agreement shall be effective unless it shall be in writing
and duly executed by all owners.
g. Execution in Counterpart. This Trust Agreement may
be executed in counterpart and the executed signature pages
shall be attached to a single copy_ >,of this Agreement
at the time of closing. The original shall be held by
METROPOLITAN and copies provided to each party.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals by their respective corporate officers
thereunto, duly authorized as of the day and year first
above written.
10.4
!6 7 -1 -80
SAN JOAQUIN RESERVOIR TRUST AGREEMENT
Effective July 1, 1980
APPROVED AS TO FORM: IRVINE RANCH WATER DISTRICT
ALEXANDER BOWIE,
a Law Corporation
By
President
By: By
Secretary
10.5
7 -1 -80
SAN JOAQUIN RESERVOIR TRUST AGREEMENT
Effective July 1, 1980
APPROVED AS TO FORM: MESA CONSOLIDATED WATER DISTRICT
RUTAN 5 TUCKER
By
President
By Attest:
General Counsel Secretary
10.6
(0 7 -1 -80 ,
SAN JOAQUIN RESERVOIR TRUST AGREEMENT
Effective July 1, 1980
APPROVED AS TO FORM: THE METROPOLITAN WATER DISTRICT
ROBERT P. WILL, OF SOUTHERN CALIFORNIA
General Counsel
S
By
General Manager
By Attest:
Secretary
10.7
SAN JOAQUIN RESERVOIR TRUST AGREEMENT
Effective July 1, 1980
7 -1 -80
APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH
GAIL HUTTON,
City Attorney
By
By Attest:
City Clerk
10.8
C
`� • 7 -1 -80
SAN JOAQUIN RESERVOIR TRUST AGREEMENT
Effective July 1, 1980
APPROVED AS TO FORM: CITY OF NEWPORT BEACH
HUGH R. COFFIN,
City Attorney
By
By:
Attest:
City Clerk
10.9
7 -1 -80
SAN JOAQUIN RESERVOIR TRUST AGREEMENT
Effective July 1, 1980
APPROVED AS TO FORM: LAGUNA BEACH COUNTY WATER DISTRICT
RIMEL AND HELSING
N
By:
General Counsel
By
President
ATTEST:
Secretary
10.10
SAN JOAQUIN RESERVOIR TRUST AGREEMENT
Effective July 1, 1980
APPROVED AS TO FORM: SOUTH COAST COUNTY WATER DISTRICT
ROURKE & WOODRUFF
By:
General Counsel
By
President
ATTEST:
Secretary
10.11
SAN JOAQUIN RESERVOIR TRUST AGREEMENT
Effective July 1, 1980
APPROVED AS TO FORM: THE IRVINE COMPANY
DAVID L. KERRIGAN
General Counsel a
By:
7 -1 -80
By
President
ATTEST:
Secretary
10.12
EXHIBIT "A"
Parcel 1
Those portions of Blocks 97 and 98 of the Irvine's Subdivi-
sion, in the County of Orange, State of California, as per
Map recorded in Book 1, Page 88 of Miscellaneous Record -
Maps, in the Office of the County Recorder of said County,
described as follows:
Beginning at a brass disc set in concrete, set by the
Orange County Surveyor, to mark the quarter corner on the
southwesterly line of Block 91 of said Irvine's Subdivision;
thence South 50 000'00" East 2640 feet to a brass disc set
in concrete, set by said surveyor, to mark the most easterly
corner of Block 92 of said Irvine's Subdivision and comon
corner of Blocks 91, 97 and 98 of said Irvine's Subdivision;
thence South 3 023'13" East 1553.05 feet to a brass disc set
in concrete, set by the United States Coast and Geodetic
Survey, and designated as "Browning "; thence South 55 °45'30"
East 294.18 feet to the "TRUE POINT OF BEGINNING "; thence
South 40 046'20" East 197.60 feet; thence North 0 034134" East
461.17 feet; thence South 89 °24'59" West 194.00 feet; to a
point on the Southerly prolongation of the Easterly line of
Lot 8 of Tract No. 9858 as per map recorded in Book 436
pages 1 to 7 inclusive of Miscellaneous Maps, in the office
of said County Recorder; thence along said prolongation and
said easterly line North 0 "34'44" West 175.56 feet; thence
North 57 °06'03" East 45.91 feet; thence North 10 055133" East
115.32 feet; thence North 28 046'32" East 157.16 feet; thence
North 63 °28144" East 41.15 feet; thence North 21 °08'06" West
119.62 feet; thence North 0 "34144" West 70.00 feet; thence
North 58 039'50" West 76.64 feet; thence North 46 019'48" East
488.92 feet; thence North 53 136'16" East 74.00 feet; thence
North 28 014'31" East 140.12 feet; thence North 82" 08129"
East 23.00 feet; thence South 9 °41113" East 175.77 feet;
thence North 80 018'47" East 120.00 feet; thence North
9 °41113" West 171.94 feet; thence North 82 °08129" East
197.66 feet; thence South 7 "51'31" East 85.38 feet to the
beginning of a curve concave northeasterly having a radius
of 100 feet; thence Southerly, Southeasterly and Easterly
141.87 feet along said curve through an angle of 81 °17'01 ";
thence South 89 008132" East 289.10 feet; thence South
8 °00'36" East 820.76 feet; thence South 33 009' 09" East
1465.88 feet; thence South 13 025114" East 680.00 feet;
thence South 69 008120" West 270.27 feet; thence South
85 °37'08" West 222.77 feet; thence North 24 °13'10" West
437.65 feet; thence South 76 034146" West 40.00 feet;
thence South 45 042122" West 309.17 feet; thence South
11 "38'25" West 1024.86 feet; thence South 75 °55'07" West
289.80 feet; to an angle on the easterly boundary of
Tract No. 9859 as per Map recorded in Book 435, Pages 1, 2
EXHIBIT "A"
-1-
and 3 of Miscellaneous Maps; thence along said Easterly
boundary and the Easterly boundary of Tract No. 9588 as
per Map recorded in Book 400, Pages 25 to 28 inclusive of
said Miscellaneous Maps the following courses: North
22 017113" West 1261.95 feet; North 12 °29'51' West 448.09=
feet; North 22 °52'39" West 454.58 feet; North 51 020149"
West 77.21 feet; and North 15 °52'51" West 276.97 feet to
the TRUE POINT OF BEGINNING..,
PARCEL 2
• non - exclusive easement for ingress and egress over lots
• and B and portion of Lot 8 of Tract No. 9858, in the
County of Orange, State of California, as per map recorded
in Book 436 pages 1 to 7 of Miscellaneous Maps, in the
office of the County Recorder of said county, as shown on
the grant of easement recorded at Book 12848 page 1899 of
the official records of the County of Orange, California.
PARCEL 3
A non - exclusive, relocatable easement for ingress and egress
purposes in connection with the construction, maintenance
and operation of a reservoir known as the San Joaquin
Reservoir and other works connected therewith or incidental
to Grantee's operations, including the right to grade,
construct, reconstruct, maintain, inspect, improve, repair
and replace a roadway over real property, as shown on the
grant of easement recorded in Book 13640, Pages 833 through
840 of the Official Records of the County of Orange, Cali-
fornia.
-2-
EXHIBIT "A"
C0
EXHIBIT B
(Form of Deed)
RECORDING REQUESTED BY
AND RETURN TO:
THE METROPOLITAN WATER
DISTRICT OF SOUTHERN
CALIFORNIA
P.O. Box 54153
Los Angeles, CA 90054
DOCUMENTARY TRANSFER TAX
(Exempt: Chapter 1108 -
Statutes 1969)
(0
a
(Owner) (Statement or Organization)
hereby grants to THE METROPOLITAN WATER DISTRICT OF SOUTHERN
CALIFORNIA, a public corporation, in trust, subject to the
provisions of the San Joaquin Reservoir Trust Agreement
dated July 1, 1980, as it may be from time to time amended,
its undivided interest in the real property in
(percent)
the City of Irvine, County of Orange, California described
in Exhibit °A °:
DATED:
(NAME OF OWNER)
0
Attest:
EXHIBIT B
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On 1980, before me, the under-
signed, a Notary Public in and for said State, personally
appeared and ,
(name) (name)
known to me to be the and
, respectively, of the
(office)
the
(owner) (City, District, Corporation)
that executed the within instrument, and known to me
to be the persons who executed the within instrument, and
on behalf of the therein
(City, District, Corporation)
named, and acknowledged to me that such
executed the within instrument
(City, District, Corporation)
pursuant to authority of its Board of Directors.
WITNESS my hand and official seal.
Notary Public
-2-
Parcel 1
Those portions of Blocks 97 and 98 of the Irvine's Subdivi-
sion, in the County of Orange, State of California, as per
Map recorded in Book 11 Page 88 of Miscellaneous Record
Maps, in the Office of the County Recorder of said County,
described as follows:
Beginning at a brass disc set in concrete, set by the
Orange County Surveyor, to mark the quarter corner on the
southwesterly line of Block 91 of said Irvine's Subdivision;
thence South 50 000'00" East 2640 feet to a brass disc set
in concrete, set by said surveyor, to mark the most easterly
corner of Block 92 of said Irvine's Subdivision and comon
corner of Blocks 91, 97 and 98 of said Irvine's Subdivision;
thence South 3 023113" East 1553.05 feet to a brass disc set
in concrete, set by the United States Coast and Geodetic
Survey, and designated as "Browning "; thence South 55 °45'30"
East 294.18 feet to the "TRUE POINT OF BEGINNING "; thence
South 40 "46120" East 197.60 feet; thence North 0 034134" East
461.17 feet; thence South 89 °24'59" West 194.00 feet; to a
point on the Southerly prolongation of the Easterly line of
Lot 8 of Tract No. 9858 as per map recorded in Book 436
pages 1 to 7 inclusive of Miscellaneous Maps, in the office
of said County Recorder; thence along said prolongation and
said easterly line North 0 °34'44" West 175.56 feet; thence
North 57 006103" East 45.91 feet; thence North 10 °55'33" East
115.32 feet; thence North 28 046132" East 157.16 feet; thence
North 63 "28'44" East 41.15 feet; thence North 21 °08'06" West
119.62 feet; thence North 0 034144" West 70.00 feet; thence
North 58 039150" West 76.64 feet; thence North 46 °19'48" East
488.92 feet; thence North 53 036'16" East 74.00 feet; thence
North 28 014131" East 140.12 feet; thence North 820 08129"
East 23.00 feet; thence South 9 "41'13" East 175.77 feet;
thence North 80 018'47" East 120.00 feet; thence North
9 041113" West 171.94 feet; thence North 82 008129" East
197.66 feet; thence South 7 051'31" East 85.38 feet to the
beginning of a curve concave northeasterly having a radius
of 100 feet; thence Southerly, Southeasterly and Easterly
141.87 feet along said curve through an angle of 81 °17'01 ";
thence South 89 008'32" East 289.10 feet; thence South
8 °00136" East 820.76 feet; thence South 33 009' 09" East
1465.88 feet; thence South 13 025'14" East 680.00 feet;
thence South 69 008'20" West 270.27 feet; thence South
85 037108" West 222.77 feet; thence North 24 °13'10" West
437.65 feet; thence South 76 034'46" west 40.00 feet;
thence South 45 °42'22" West 309.17 feet; thence South
11 038'25" West 1024.86 feet; thence South 75 °55'07" West
289.80 feet; to an angle on the easterly boundary of
Tract No. 9859 as per Map recorded in Book 435, Pages 1, 2
-3-
and 3 of Miscellaneous Maps; thence along said Easterly
boundary and the Easterly boundary of Tract No. 9588 as
per Map recorded in Book 400, Pages 25 to 28 inclusive of
said Miscellaneous Maps the following courses: North
22 °17113" West 1261.95 feet; North 12 029151' West 448.09
feet; North 22 °52'39" West 454.58 feet; North 51 °20149"
West 77.21 feet; and North 15 °52'51" West 276.97 feet to
the TRUE POINT OF BEGINNING.
S
PARCEL 2
• non - exclusive easement for ingress and egress over lots
• and B and portion of Lot 8 of Tract No. 9858, in the
County of Orange, State of California, as per map recorded
in Book 436 pages 1 to 7 of Miscellaneous Maps, in the
office of the County Recorder of said county, as shown on
the grant of easement recorded at Book 12848 page 1899 of
the official records of the County of Orange, California.
PARCEL 3
A non - exclusive, relocatable easement for ingress and egress
purposes in connection with the construction, maintenance
and operation of a reservoir known as the San Joaquin
Reservoir and other works connected therewith or incidental
to Grantee's operations, including the right to grade,
construct, reconstruct, maintain, inspect, improve, repair
and replace a roadway over real property, as shown on the
grant of easement recorded in Book 13640, Pages 833 through
840 of the Official Records of the County of Orange, Cali-
fornia.
-4-
ACCEPTANCE
The undersigned, being the duly authorized agent
of THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA '
does hereby accept on behalf of THE METROPOLITAN WATER
DISTRICT OF SOUTHERN CALIFORNIA, the foregoing deed and the
interest in real property, conveyed therein, subject to
the terms of said deed, and consents to the recordation of
the same.
DATED:
-5-
JAhdCS NL MONTGOMERY. CONSULTMG ENO**nMRS INC
-
• 1.
17802 Sky Pa,k C.,Cle. Swte 201. Irvine. Cehbm.a 927071 (IM 979 -8733
Mr. Evan L. Griffith -6- April 29, 1980
Metropolitan plater District of Southern California
NET RESERVOIR PRODUCTION UPON LIMITED DRAWDOWN
San Joaquin Reservoir's output into the distribution system upon limited draw --
down corresponding to the program for no- remedial work, minimal risk would be
as shown in Table 3.
TABLE 3.
LIMITING DRAWDOWN PROGRAM
W.S. Elevation Net Acre -Feet Available by Drawdown During
From To _ Any Day . Any Week -.-- Any Month
470.5 438.0 137 Mid -Pt. 457 Mid -Pt. 1,374 (1)
(Phase 1) (3- 10 -30) (157 -119) Range (505 -411) Range
438.0 418.0 104 Mid -Pt. 211 Mid -Pt. 588 Mid -Pt.
(Phase 2) (3 -6 -17) (115 -90) Range (226 -187) Range (600 -575) Range
418.0 404.0 78 Mid -Pt. 157 Mid -Pt. 366 Mid -Pt.
(Phase 3) (3 -6 -17) (65 -72) Range (166 -148) Range Not Applicable
404.0 Empty 45 Mid -Pt. 91 Mid -Pt. 243 Mid -Pt.
(Phase 4) (3 -6 -17) (69 -14) Range (134 -32) Range (341 -146) Range
(1) Reflects acre -feet storage withdrawal from W.S. Elevation 468.
In the above tabulation, the acre -feet available for withdrawal for any day and
any week during the respective phases include the average draft for a mid -point
within the range and the extreme drafts possible at the upper and lower ends
of the range, except during source outage, additional flow would be available
from the East Orange County Feeder No. 2.
JUM X IKONTGOb(ERX CO • EN(3:`Iffits. INC.
17802 Sky Park imlwle 271. Irvine. Caldomu 327071 (714) 979 a773
Mr. Evan L. Griffith -7- April 29, 1980
Metropolitan Water District of Southern California
or no replenishment, or from abnormal demands with maximum replenishment. The
East Orange County Feeder No. 2 has the capability of replenishing the reservoir
up to a design maximum of 92.5 CFS, assuming no operation restrictions on this
feeder pipeline.
LIMITATIONS ON FILLING ON RESERVOIR
Reservoir filling theoretically has no adverse effect on reservoir lining stabil-
ity. Prolonged drying of the lining may cause desiccation in the clay lining. If
desiccation cracks develop, the lining course may experience increase in leakage
loss, and possible localized slough -offs.
In the past, the reservoir had periods of being empty and dry for approximately
300 days. No signs of distress nor problems had been observed during refilling
after the dry period. Therefore, it is our-feeling that as long as the asphaltic
concrete surface is intact, periods of 1 year between drawdown and refilling of
the reservoir should pose no particular problems. We believe that some localized
maintenance work may still be required in the future if the lining in the entire
reservoir had to be left dry for lengthy periods of time and especially through
.dry seasons.
Based on previous drawdown and refilling rates, we feel that the filling rate
should not exceed 10 feet per day.
A second volume report detailing participating agencies' use, and previous
stability study is being prepared and will be submitted under separate cover.
JMM appreciated the opportunity of submitting this Limiting Drawdown Program
Report to Metropolitan, and we are available to discuss its contents and related
matters at your convenience.
Respectfully submitted,
DuWayne R. Lidke, Vice President
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sheet 1 vi <�
SAN JOAQUIN RESERVOIR
Capacity Table in Acre -Feet
Elevation
Difference
Capacity
Elevation
Difference
Capacity
Feet
Acre -Feet
Acre-Feet_
Feet
Acre -Feet
Acre -Feet
370.0
0.00
0.52
0.42
,4
11.06
.1
0.42
0.52
0.42
o.$4
.5
1 -1.58
.z
0.42
1.26
,6
o.5z
12.10
.3
0.43
0.52
12.62
.4
1.69 _
,7
0.52
.5
0.43
2.12
,$
13.14
.6
0.13
2.55
.9
0.52
13.66
0.43
z•9$
373.0
0.52
14.18
.7
0.43
0.56
.$
3.41
.1
0.56
14.74
.9
0.43
3.$4
.2
15.30
0.43
,3
o.5b
15.$6
371.0
4.27
0.58
0.47
4.74
.4
16.42
.l
0.47
.5
0.56
.z
5.21
o.5b
.16.98
.3
0.47
5.6$
.6
17.54
.4
0.47
6.15
.7
0.56
18.10
.5
0.47
6.62
.$
0.57
1$.67
0.47 �
0.57
.6
7.09
.9
19.24
0'48
0.57
..7
7.57
374.0
19.$1
0'4$
0.60
.$
8.05
.1
20.41
0.4$
0.61
.9
8.53
.2
21.02
0.4$
0.61
372.0
9.01
.3
21.63
0.51
0.61
.1
9.52
.4
22.211
0.51
0.61
.2
10.03
•5
22.85
0.51
0.61
.3
10.54
.6
23. 40'
0.61
e:AR
C-11075-1
r '
C'
c
L.
(+
SAN JOAQUIN RESERVOIR
Capacity Table in Acre -Feet
Elevation Difference Capacity
Feet
Acre -Feet
Acre -Feet
.7
24.07
377.0
o.61
39.43
.8
0.74
24.68
.1
0.61
40.17
.9
0.74
25.29
•2
o.61
40.91
375.0
0.74
25.90
.3
0.65
41.65
.1
0.74
26.55
.4
0.65
42.39
.2
0.74
27.20
• 5
0.65
43.13
•3
0.75
27.85
.6
0.65
43.88
.4
0.75
28.50
.7
0.65
44.63
.5
0.75
29.15
•8
0.65
45.38
.6
0.75
29.80
.9
o.66
46.13
•7
0.75
30.46
378.0
o.66
46.88
.8
0.79
31:12
.1
0.66
47.67
.9
0.79
31.78
•2
0.66
48.46
376.o
0.79
32.44
•3
0.69
49.25
.1
0.79
33.13
.4
0.70
50.04
.2
0.79
33.83
.5
0.70
50.83
•3
0.79
34.53
.6
0.70
51.62
•4
0.79
35.23
•7
0.70
52.41
•5
0.79
35.93
•8
0.70
53.20
.6
0.79
36.63
•9
0.70
53.99
.7
0.79
37.33
379.0
0.70
54.78
.8
0.83
38.03
.1
0.70
55.61
.9
o.83
38.73
Sheet 2 of 2) ,
Elevation Difference Capacity
Feet
_ A
Acre -Feet
-0.70
-Feet
_Acre
377.0
39.43
0.74
.1
40.17
0.74
•2
40.91
0.74
.3
41.65
0.74
.4
42.39
0.74
• 5
43.13
0.75
.6
43.88
0.75
.7
44.63
0.75
•8
45.38
0.75
.9
46.13
0.75
378.0
46.88
0.79
.1
47.67
0.79
•2
48.46
0.79
•3
49.25
0.79
.4
50.04
0.79
.5
50.83
0.79
.6
51.62
0.79
•7
52.41
0.79
•8
53.20
0.79
•9
53.99
0.79
379.0
54.78
0.83
.1
55.61
o.83
c- 11075 -2
f
C.
SAN JOAQUIN RESERVOIR
Capacity Table in Acre -Feet
Elevation Difference Capacity
Feet
Acre -Feet
Acre -Feet
1.00_.-
56.44
.5
0.83
77.17
.3
1.00
57.27
.6
0.83
78.17 ,
.4
1.00
58.10
.7
0.84
79.17
.5
1.00
58.94
.8
0.$4
80.17
.6
1.00
59.78
.9
0.84
81.17
.7
1.00
60.62
382.0
0.84
82.17
.8
1.09
61.46
.1
0.84
83.26
.9
1.09
62.30
.2
0.81E
84.35
380.0
1.09
63.14
.3
0.90
85.44
.1
1.09
64.04
.4
0.90
86.53
.2
1.09
64.94
.5
0.90
87.62
.3
1.09
6 5.8cv
.6
0.90
88.71
.4
1.09
66.74
.7
0.90
89.80
.5
1.09
67.64
.8
0.91
90.89
.6
1.10
68.55
.9
0.91
91.99
.7
1.10
69.46
383.0
0.91
93.09
.8
1.18
70.37
.1
0.91
94.27
.9
1.18
71.28
.2
0.91
95.45
381.0
1.18
72.19
.3
0.99
96.63
.1
1.18
73.18
.4
0.99
97.81
.2
1.19
74.17
.5
1.00
99.00
.3
1.19
75.17
.6
1.00
100.19
.4
1.19
76.17
Sheet 3 of 23
Elevation Difference Capacity
Feet
.. -.�.�.
Acre -Feet
�-
Acre -Feet
- - - --
1.00_.-
.5
77.17
1.00
-
.6
78.17 ,
1.00
.7
79.17
1.00
.8
80.17
'
1.00
.9
81.17
1.00
382.0
82.17
1.09
.1
83.26
1.09
.2
84.35
1.09
.3
85.44
1.09
.4
86.53
1.09
.5
87.62
1.09
.6
88.71
1.09
.7
89.80
1.09
.8
90.89
1.10
.9
91.99
1.10
383.0
93.09
1.18
.1
94.27
1.18
.2
95.45
1.18
.3
96.63
1.18
.4
97.81
1.19
.5
99.00
1.19
.6
100.19
1.19
C-11075-3
C
L
SAN JOAQUIN RESERVOIR
Capacity table in Acre -Feet
Elevation Difference Capacity
Feet
Acre -Feet
Acre -Feet
Feet
1.19
_ _ --
.7
101.3$
.9
1.19
130.11
.8
1.3$
102.57
386.0
1.19
131.49
.9
1.46
103.76
.1
1.19
132.95
3$4.0
1.46
104.95
.2
1.2$
134.41
.1
1.47
106.23
,.3
1.28
135.$$
.2
1.47
107.51
.4
1.28
137.35
.3
1.47
108.79
.5
1.28
138.$2
.4
1.47
110.07
.6
1.28
140.29
.5
1.47
111.35
.7
1.28
141.76
.6
1.47
112.63
.8
1.28
143.23
.7
1.47
113.91
.9
1.28
144.70
.8
1.4?
115.19
387.0
1.28
146.17
.9
1.56
116.47
.1
1.28
147.73
3$5.0
1.56
117.75
.2
1.37
149.29
.1
1.56
119.12
.3
1.37
150.85
.2
1.56
120.49
.4
1.37
152.41
.3
1.56
121.86
.5
1.37
153.97
.4
1.56
123.23
.6
1.37.
155.53
1.56
124.60
.7
1.37
157.09
.6
1.56
125.97
.$
1.38
158.65
.7
1.56
127.35
.9
1.38
16o.21
.8
1.57
12$.73
Sheet 4 Of-23
Elevation
Difference
Capacity
Feet
Acre -Feet
Acre -Feet
.9
130.11
1.3$
386.0
131.49
1.46
.1
132.95
1.46
.2
134.41
1.47
,.3
135.$$
1.47
.4
137.35
1.47
.5
138.$2
1.47
.6
140.29
1.47
.7
141.76
1.47
.8
143.23
1.47
.9
144.70
1.4?
387.0
146.17
1.56
.1
147.73
1.56
.2
149.29
1.56
.3
150.85
1.56
.4
152.41
1.56
.5
153.97
1.56
.6
155.53
1.56
.7
157.09
1.56
.$
158.65
1.56
-
.9
16o.21
1.57
388.0
161.78
C- 11075 -4
a
C
SAN JOAQUIN RESERVOIR
Capacity Table in Acre -Feet
Elevation Difference Capacity
Feet
Acre -Feet
Acre -Feet
- - - --
1.81
-
.1
163.43
1.65
.2
165.08
1.65
.3
166.73
1.65
.4
16$.3$
1.65
.5
170.03
1.66
.6
171.69
1.66
.7
173.35
1.66
.$
175.01
1.66
.9
176.67
1.66
3$9.0
17$.33
1.75
.1
1$0.0$
1.75
.2
1$1.$3
1.75
.3
1$3.5$
1.75
.4
185.33
1.75
.5
187.08
1.75
.6
1$$.$3
1.75
.7
190.5$
1.75
.$
192.33
1.75
.9
194.08
1.75
390.0
195.83
1.81
.1
197.64
1.81
.2
199.45
Sheet 5 of 23
Elevation Difference Capacity
Feet
Acre -Feet
_
Acre -Feat
--
1.81
.3
201.26
1.$1
390.4
203.07
1.$2
.5
204.$9
1.$2
.6
206.71
l.$2
.7
20$.53
1.$2
.$
210.35
1.82
•9
212.17
1.$2
391.0
213.99
1.$5
.1
215.$4
1.$5
.2
217.69
' 1.$5
.3
219.54
1.$0
.4
221.40
1.86
.5
223.26
1.86
.6
225.12
1.$6
.?
226.98
1.$6
A
228.$4
1.$6
.9
230.70
1.66
392.0
232.56
1.89
.1
234.45
1.69
.2
236.34
1.90
.3
238.2,
1.90
.4
240.14
C- 11075 -5
c
C6
. zjneei� o oi Ki
SAID JOAQUIN RESERVOIR
Capacity Table in Acre -Feet
Elevation Difference Capacity
Feet
Acre -Feet
Acre -Feet
- -
1.90
Acre -Feet
-
.5
1.98
242.04
.7
1.90
2$4.77
.6
1.98
243.94
.8
1.90
286.75
.7
1.98
245.84
.9
1.90
288.73
.8
1.98
247.74
395.0
1.90
290.71
.9
2.01
249.64
.1
1.90
292.72
393.0
2.02
251.54
•2
1.93
294.74
.1
2.02
253.47
.3
1.93
296.76
.2
2.02
255.40
.4
1.94
298.78
.3
2.02
257.34
.5
1.94
300.8o
.4
2.02
259.28
.6
1.94
302.82
.5
2.02
261.22
.7
1.94
304.84
.6
2.02
263.16
.8
1.94
306.86
.7
2.02
265.10
.9
1.94
308.88
.8
2.02
267.04
396.0
1.94
310.90
.9
2.o6
268.98
.1
1.94
312.96
394.0
2.06
270.92
•2
1.97
315.02
.1
2.06
272.89
.3
1.98
317.08
.2
z.o6
274.87
.4
1.98
319.14
.3
2.06
276.85
.5
1.98
321.20
.4
2.06
278.83
.6
1.98
323.26
.5
2.06
280.81
.7
1.98
325.32
.6
2.06
282.79
Elevation
Difference
Capacity
Feet
Acre -Feet
Acre -Feet
-
1.98
.7
2$4.77
1.98
.8
286.75
1.98
.9
288.73
1.98
395.0
290.71
2.01
.1
292.72
2.02
•2
294.74
2.02
.3
296.76
2.02
.4
298.78
2.02
.5
300.8o
2.02
.6
302.82
2.02
.7
304.84
2.02
.8
306.86
2.02
.9
308.88
2.02
396.0
310.90
2.o6
.1
312.96
2.06
•2
315.02
2.06
.3
317.08
z.o6
.4
319.14
2.06
.5
321.20
2.06
.6
323.26
2.06
.7
325.32
2.06
.8
327.38
C- 11075 -6
f
C'.
(L'
SAN JOAQUIN RESERVOIR
Capacity Table in Acre -Feet
Elevation Difference Capacity
Feet
Acre -Feet
Acre -Feet
Feet
_. 2.06
-. �
.9
2.18
329.44
.1
2:06
376.10
397.0
2.18
331.50
.2
2.10
378.28
.1
2.1$
333.60='
.3
2.10
380.46
397.2
2..1$
335-70
�.3
2.10
382.64
2.18
337-80
.5
2.10
384.82
.4
2.18
339.90
.6
2.10
387.00
.5
2.18
342.00
.7
2.10
389.18
.6
2.1$
344.10
.8
2.10,
391.30
.7
2.19
346.20
.9
2.10
393.55
.8
2.19
34$.30
400.0
2.10
395.74
.9
2.22
350.40
.1
2.11
397.96
398.0
2.22
352.51
.2
2.14
400.18
2.22
354.65
.3
2.14
402.40
.2
2.22
356.79
.4
2.14
404.62
.3
2.22
35$.93
.5
2.14
406.84
.4
2.22
361.07
400.6
2.14
409.06
.5
2.22
363.21
.7
2.14
411.28
.6
2.22
365.35
.'8
2.14
413.50
_ .?
367.49
2.14
.9
.8
415.72
369.63
2.14
.9
401.0
371.77
417.95
2.15
399.0
373.92
Sneet / of �}
Elevation
Difference
Capacity
Feet
Acre -Feet
Acre -feet
-
2.18
.1
376.10
2.18
.2
378.28
2.1$
.3
380.46
2..1$
.4
382.64
2.18
.5
384.82
2.18
.6
387.00
2.18
.7
389.18
2.1$
.8
391.30
2.19
.9
393.55
2.19
400.0
395.74
2.22
.1
397.96
2.22
.2
400.18
2.22
.3
402.40
2.22
.4
404.62
2.22
.5
406.84
2.22
400.6
409.06
2.22
.7
411.28
2.22
.'8
413.50
2.22
.9
415.72
2.23
401.0
417.95
.2.25 -
.1
420.20
2.26
.2
422.1,.6
C- 11075 -7
' �• (� Sheet h of
c
k;ro
SAN JOAQUIN RESERVOIR
Capacity Table in Acre -Feet
Elevation Difference Capacity
Feet
Acre -Feet
Acre -Feet
_
_2_ -,
- -_. ___ -
.3
424.72
2.26
.4
426.98
2.26
.8
429.24
.5
2.26
.6
431.50
2.26
.7
433.76
2.26
.8
436.02
2.26
.9
436.26
2.26
402.0
440.54
2.29
.1
442.63
2.29
.2
445.12
2.29
.3
447.41
2.30
.4
449.71
2.30
.5
452.01
2.30
.6
454.31
2.30
.7
456.61
2.30
.8
456.91
2.30
•9
461.21
2.30
403.0
463.51
2.33
.1
465.64
2.33
.2
466.17
2:33
.3
470.50
2.33
.4
472.63
2.33
.5
475.16
Elevation Difference Capacity
Feet
Acre-Feet_
Acre-Feet_
-.
2.34^
.6
477.50
2.34
.7
479.84
2.34
.8
482.16
2.34
.9
464.52
2.34
404.0
466.86
2.37
.1
469.23
2.37
.2
491.60
2.37
.3
493.97
2.37
.4
496.34
2.37
.5
496.71
2.37
.6
501.06
2.37
.7
503.45
2.37
.8
505.82
2.36
.9
506.20
2.36.
405.0
510.56
2.41
.1
512.99
2.41
.2
515.40
2.41
.3
517.81
2.41
.4
520.22
2.41
.5
522.63
2.41
.6
525.04
2.41
.7
527.45
2.41
.8
529.80
C- 11075 -8
SAN JOAQUIN RESERVOIR
Capacity Table in Acre -Feet
Elevation Difference Capacity
Feet
Acre -Feet
Acre -Feet
- -- --
- 2:41
.9
532.27
2.41
406.0
534.68
2.44
.1
537.12
2.44
.2
539.56
2.45
.3
542.01
2.45
.4
544.46
2.45
.5
546.91
2.45
.6
549.36
2.45
.7
551.81
2.45
.8
554.26
2.45
.9
556.71
2.45
407.0
559.16
2.48
.1
561.64
2.48
.2
564.12
2.48
.3
566.60
2.48
.4
569.08
2.49
.5
571.57
2.49
.6
574.06
2.49
.7
576.55
2.49
.8
579.04
2.49
.9
581.53
2.49
408.0
584.02
2.52
.1
586.54
L
Sheet 9 of 23
Elevation Difference Capacity
Feet
- -- - -- -
Acre -Feet
Acre -Feet
2.52
•2
589.06
2.52
.3.
591.58
2.52
.4
594.10
2.52
•5
596.62
2.52
•6
599.14
2.53
•7
6ol.67
2.53
.8
604.20
2.53
.9
606.73
2.53
409.0
609.26
2.56
.1
611.82
2.56
.2
614.36
2.56
•3
616.94
2.56
.4
619.50
2.56
.5
622.o6
2.56
.6
624.62
2.56
.7
627.18
2.57
.8
629.75
2.57
•9
632-32
2.57
410.0
634.89
2.59
.1
637.4'
2.60
.2
640.08
2.6o
.3
642.68
2.6o
.4
645.28
C- 11075 -9
(0 (9
SAN JOAQUIN RESERVOIR
Capacity Table in Acre -Feet
Elevation Difference Capacity
Feet
Acre -Feet
Acre -Feet
Feet
-2.0 8
_.- -._.
.5
2.67
647.$$
.7
2.60
705.93
.6
2.68
650.4$
.$
2.60
708.61
.?
2.6$
653.o8.,
.9
2.60
711.29
410.0$
2.68
655.6$
413.0
2.60
713.97
.9
2.71
658.28
.l
2.60
716.68
411.0
2.71
660.$$
.2
2.63
719.39
.1
2.71
663.51
.3
2.63
722.10
.2
2.71
666.14
.4
2.63
724.81
.3
2.71
668.77
.5
2.63
727.52
.4
2.71
671.40
•6
2.64
730.23
.5
2.71
674.04
.7
2.64
732.94
.6
2.71
676.68
•$
2.64
735.65
.7
2.71
679.32
•9
2.64
738.36
.$
2•71
681.96
414.0
2.64
741.07
.9
2.74
684.60
• 1
2.64
743.81
•412.0
2.74
687.24
•2
2.67
746.55
.1
2.74
689.91
.3
2.67
749.29
.2
2.74
692.58
.4
2.67
752.03
.3
2.75
695.25
•5
2.67
754.7$
.4
2.75
697.92
•6
2.67
757.53
.5
2.75
700.59
.7
2.67
760.28
.6
2.75
703.26
G1;
C
Sheet 10 of 2)
Elevation
Difference
Capacity
Feet
Acre -Feet
Acre -Feet
_ .
2.67
.7
705.93
2.68
.$
708.61
2.6$
.9
711.29
2.68
413.0
713.97
2.71
.l
716.68
2.71
.2
719.39
2.71
.3
722.10
2.71
.4
724.81
2.71
.5
727.52
2.71
•6
730.23
2.71
.7
732.94
2.71
•$
735.65
2.71
•9
738.36
2•71
414.0
741.07
2.74
• 1
743.81
2.74
•2
746.55
2.74
.3
749.29
2.74
.4
752.03
2.75
•5
754.7$
2.75
•6
757.53
2.75
.7
760.28
2.75
.$
763.03
C- 11075 -10
C
�1
SAN JOAQUIN RESERVOIR
Capacity sable in Acre -Feet
Elevation Difference Capacity
Feet
Acre -Feet
Acre -Feet
Feet
_
Acre -Feet
- - - -•-
Acre -Feet -
.9
765.78
2.75
-
415.0
768.53
2.78
.1
771.31
-
2.78
•2
774.09
2.78
•3
776.87
2.78
.4
779.65
2.78
.5
782.43
2.78
.6
785.21
2.78
.7
787.99
2.79
.8
790.78
2.79
.9
793.57
2.79
416.0
756 .36
2.82
.1
799.18
2.82
.2
802.b0
2.$2
.3
804.82
2.$2
.4
807.64
2.82
.5
810.46
2.82
.6
813.28
2.82
.7
$16.10
2.82
.8
818.92
2.82
.9
2.82
821.74
417.0
2.93
824.56
.2
2.85
887.93
J1:UCl. 11 Vl /j
Elevation
Difference
Capacity
Feet
_
Acre -Feet
- - - -•-
Acre -Feet -
.1
$27.41
2.85
-
.2
830.26
2.85
•3
833.11
-
2.$6
•4
835.97
2.86
.5
838.83
2.86
.6
841.69
2.86
.7
844.55
2.86
.8
847.41
2.$ 6
•9
850.27
2.$ 0
418.0
853.13
2.89
.1
856.02
2.89
.2
858.91
2.89
.3
861.80
2.89
..4
864.69
2.89
.5
867.58
2.89
.6
870.47
2.90
.7
873.37
2.90
.8
876.27
2.90
.9
879.17
2.90
419.0
882.07
2.93
.1
885.00
2.93
.2
887.93
2.93
.3
890.86
C- 11075 -11
L
SAN JOAQUIN RESERVOIR
Capacity Table in Acre -Feet
Elevation Difference Capacity
Feet
Acre -Feet
Acre -Feet
2.93
.4
893.79
2.93
.5
896.72
2.93
.6
899.65
2.93
•7
902.58
2.93
.8
905.51
2.94
.9
908.45
2.94
420.0
911.39
3.15
.1
914.54
3.15
.2
917.69
3.15
•3
920.84
3.15
•4
923.99
3.15
.5
927.14
3.15
.6
930.29
3.16
•7
933.45
3.16
.8
936.61
3.16
.9
939.77
3.16
421.0
942.93
3.19
.1
946.12
3.19
.2
949.31
3.19
.3
952.50
3.19
.4
955.69
3.20
.5
958.89
3.20
.6
962.09
oneeL 14 pi.
Elevation Difference Capacity
Feet
Acre -Feet
Acre -Feet
3.20
.7
965.20
3.20
.8
968.49
3.20
•9
971.69
3.20
422.0
974.89
3.23.
.1
978.12
3.23
.2
981.35
3.24
.3
984.59
3.24
.4
987.83
3.24
•5
991.07
3.24
.6
994.31
3.24
•7
997.55
3.24
.8
1000.79
3 • 24
•9
1004.03
3.24
423.0
1007.27
3.27
.1
1010.54
3.28
.2
1013.82
3.28
•3
1017.10
3.28
.4
1020.38
3.28
•5
1023.66
3.28
.6
1026.94
3.28
.7
1030.22
3.28
.8
1033.50
3.28
.9
1036.78
C- 11075 -12
L
L
SAN JOAQUIN RESERVOIR
Capacity Table in Acre -Feet
Elevation Difference Capacity
Feet
Acre -Feet
Acre -Feet
.2
3 .29--
1113.70
424.0
3.40
1040.06
.3
3.32
1117.10
.1
3.40
1043.38
.4
3.32
1120.50
.2
3.40
1046.70
.5
3.32
''
.3
3.40
1050.02
.6
3.32
1127.30
.4
3.41
1053.34
..7
3.32
1130.71
.5
3.41
1056.66
.8
3.32
1134.12
.6
3.41
1059.98
.9
3.32
1137.53
.7
3.41
1063.30
427.0
3.32
1140.94
.8
3.44
1066.62
.1
3.32
1144.38
.9
3.44
1069.94
.2
3.33
1147.82
425.0
3.44
1073.27
.3
3.36
1151.26
.1
3.44
1076.63
.4
3.36
1154.70
.2
3.45
1079.99
.5
3.36
1158.15
•3
3.45
1083.35
.6
3.36
-
.4.
3.45
1o86.71
.7
3.3.6
1165.05
.5
3.45
1090.07
.8
3.36
1165.50
.6
3.45
1093.43
.9
3.36
1171.95
.7
3.45
1096.79
428.0
3.37
1175.40
.8
3.48
1100.16
.1
3.37
1178.88
.9
3.1,8
1103.53
.2
3.37
118 2.36
426.0
3.49
1106.90
.3
3.40
1185.85
.1
3.49
,1110..30
.4
3.40
1189.34
oneet i} of 4,)
Elevation Difference Capacity
Feet
Acre -Feet
Acre -Feet
.2
1113.70
3.40
.3
1117.10
3.40
.4
1120.50
3.40
.5
1123.90
3.40
.6
1127.30
3.41
..7
1130.71
3.41
.8
1134.12
3.41
.9
1137.53
3.41
427.0
1140.94
3.44
.1
1144.38
3.44
.2
1147.82
3.44
.3
1151.26
3.44
.4
1154.70
3.45
.5
1158.15
3.45
.6
1161.60
3.45
.7
1165.05
3.45
.8
1165.50
3.45
.9
1171.95
3.45
428.0
1175.40
3.48
.1
1178.88
3.1,8
.2
118 2.36
3.49
.3
1185.85
3.49
.4
1189.34
C- 11075 -13
C.,
C
L
C0
(0
SAN JOAQUIN RESERVOIR
Capacity Table in Acre -Feet
Elevation Difference Capacity
Feet
Acre -Feet
Acre -Feet
_
3.49
.5
1192.83
3.49
.6
1196.32
3.49
.7
1199.81
3.49
.8
1203.30
3.49
..9
1206.79
3.49
429.0
1210.28
3.53
.1
1213.81
3.53
.2
1217.34
3.53
.3
1220.87
3.53
.4
1224.40
3.53
.5
1227.93
3.53
.6
1231.46
3.53
•7
1234.99
3.53
.8
1238.52
3.53
.9
1242.05
3.53
430.0
1245.58
3.57
.1
1249.15
3.57
.2
1252.72
3.57
.3
1256.29
3.57
.4
1259.86
3.57
•5
1263.43
3.57
.6
1267.00
Sheet 14 of 23
Elevation Difference Capacity
Feet
Acre -Feet
Acre -Feet
3.57
.7
1270.57
3.57
.8
1274.14
3.58
.9.
1277.72
3. 58
431.0
1281.30
3.61
.1
1284.91
3.61
.2
1288.52
3.61
•3
1291.13
3.61
.4
1295.74
3.61
.5
1299.35
3.62
.6
1302.97
3.62
.7
1306.59
3.62
.$
1310.21
3.62
.9
1313.83
3.62
432.0
1317.45
3.65
.1
1321.10
3.65
.2
1324.75,
3.65
•3
1328.40
3.66
.4
1332.06
3.66
.5
1335.72
3.66
.6
1339:38
3.66
.7
1343.04
3.66
.8
1346.70
C- 11075 -14.
SAN JOAQUIN RESERVOIR
Capacity Table in Acre -Feet
Elevation Difference Capacity
Feet
Acre -Feet
Acre -Feet
3:36
.9
1350.36
3.66
-
433.0
1354.02
3.70
.1
1357.72
3.70
.2
1361.42
3.70
.3
1365.12
3.70
.4
1368.82
3.70
.5
1372.52
3.70
.6
1376.22
3.70
.7
1379.92
3.70
.8
1383.62
3.70
.9
1387.32
3.70
434.0
1391.02
3.71
.1
1394.76
3.74
.2
1398.50
3.74
.3
1402.24
3.74
.4
1405.98
3.74
.5
1409.72
3.74
.6
1413.46
3.74
.7
1417.20
3.75
.8
1420.95
3.75
.9
1424.70
3.75
435.0
1428.45
Jli c:u 1J Vi ;ej
Elevation Difference Capacity
Feet
Acre -Feet
Acre -Feet
3.78
.1
1432.23
3.78
-
.2
1 1436.01
3.78
.3
1439.79
3.78
.4
1443.57
3.79
•5
1447.36
3.79
.6
1451.15
3.79
.7
1454.94
3.79
.8
1458.73
3.79
.9
1462.52
3.79
436.0
1466.31.
3.82
.1
1470.13
3.83
.2
1473.96
3.83
.3
1477.79
3.83
.4
1481.62
3.83
.5
1485.45
3.83
.6
1489.28
3.83
.7
1493.11
3.83
.8
1496.94
3.83
.9
1500.77
3.83
437.0
1504.60
3.87
.1
-1508.47
3.87
.2
1512.34
C- 11075 -15
r
�a
L
C.
SAN JOAQUIN RESERVOIR
Capacity Table in Acre -Feet
Elevation Difference Capacity
Feet
Acre -Feet
Acre -Feet
3.67_-
.3
1516.21
3.87
.4
1520.08
3.87
.5
1523.95
3.87
.6
1527.82
3.87
.7
1531.69
3.87
.8
1535.56
3.88
.9
1539.44
3.88
438.0
1543.32
3.91
.1
1547.23
3.91
.2
1551.14
3.91
.3
1555.05
3.91
.4
1558.96
3.91
.5
1562.87
3.92
.6
1566.79
3.92
.7
1570.71
3.92
.8
1574.63
3.92
.9
1578.55
3.92
439.0
1582.47
3.95
.1
1586.42
3.96
.2
1590.38
3.96
.3
1594.34
3.96
.4
1598.30
3.96
.5
1602.26
Oilq -_t, 1V V1 •-
Elevation Difference Capacity
Feet
Acre -Feet
'Acre -Feet
3.96
.6
16o6.22
3.96
.7
1610.18
3.96
.8
.1614.14
3.96
.9
1618.10
3.96
440.0
1622.06
4.00
.1
1626.06
4.00
.2
1630.06
4.00
•3
1634.06
4.00
•4
1638.06
4.00
.5
161E2.06
4.00
.6
1646.06
4.00
.7
1650.06
4.00
.8
1654.06
4.01
.9
165.8.07
4.01
441.0
1662.08
4.04
.1
1666.12
4.04
.2
1670.16
4.04
.3
1674.20
4.05
.4
1678.25
4.05
.5
1682.30
4.05
.6
1686.35
4.05
.7
1690.40
4.05
.8
1694.45
C- 11075 -16
C- 11075 -17
sneeL
li of ty
C-
SAN JOAQUIN
RESERVOIR
Capacity
Table
in Acre -Feet
C
Elevation
Difference
Capacity
Elevation
Difference
Capacity
Feet
Acre -Feet
Acre -Feet
Acre -Feet
Acre -Feet
-
- 4.05
1698.50
_Feet
4.18
-- -
.9
4.05
.3
4.18
1797.38
442.0
1702.55
.4
1801.56
4.09
1706.64 >
4.18
.i
4.09
•5
1805.74
.2
1710.73
•6
4.18
1809.42
4.09
1714.82
_
4.18
•3
4.09
•7
1814.10
•4
1718.81
•8
4.18
1818.28
4.09
4.19
.5
. 1723.00
•9
1822.47
.b
4.09
1727.09
445.0
4.19
1826.66
4.09
1731.18
4'22
.7
4.09
•1
1830.88
.8
1735.27
•2
4.22
1835.10 .
4.10
4.22
C
.9
1739.37
•3
1839.32
.
4.10
4 23
443.0
1743.47
.4
1843.55
.1
4.13
1747.60
.5
4.23
1847.78
4.13
4.23
.2
1751.73
.6
1852.01
.3
4.13
1755.86
4.23
4.14
•7
1856.24
.4
176o.00
.8
4.23
1860.47
4.14
1764.14
4.23
.5
4.14
•9
1864.70
.6
1768.28
446.0
4.23
1868.93
.7
4.14
1772.42
4 z7
k.14
.1
1873.20
.8
1776.56
4. 27
4.14
.2
1877.47
.9
1780.70
4 z7
4.14
.3
1881.74
444.0
1784.84
4.27
4.18
.4
1886.01
'
.1
1789.02
4.27
4.18
•5
1880.28
.2
1793.20
.6
4.27
1894.55
C- 11075 -17
C
C.
C
Lj
SAN JOAQUIN RESERVOIR
Capacity Table in Acre -Feet
Elevation
Difference
Capacity
Feet
Acre -Feet
Acre -Feet
._
4.27 _
2002.84
.7
4.40
1898.82
.2
4.27
2007.24
.8
4.40
1903.09
.3
4.28
2011.64
.9
4.40
1907.37
.4
4.28
2016.04
447.0
4.41
1911.65
.5
4.31
2020.45
.1
4.41
1915.96
.6
4.31
2024.86
.2
4.41.
1920.27
4.31
2029.27
.3
4.41
1924.58
.8
4.32
2033.68
.4
4.41
1926.90
.9
4.32
2038.09
.5
4.41
1933.22
450.0
4.32
2042.50
.6
4.45
1937.54
.1
4.32
2046.95
.7
4.45
1941.86
.2
4.32
2051.40
.8
4.45
1946.18
.3
4.32
2055.85
.9
4.45
1950.50
.4
4.32
2060.30
445.0
4.45
1954.82
.5
4.36
- 2064.75
.1
4.45
1959.18
.6
4.36
2069.20
.2
4.45
1963.54
.7
4.36
2073.65
.3
4.46
1967.90
.$
4.36
2078.11
.4
4.46
1972.26
.9
4.36
2082.57
.5
4.46
1976.62
451.0
4.36
2087.03
.6
4.50
1980.98
.1
4.36
2091.53
.7
4.50
1985.34
.2
4.36
2096.03
.8
4.50
1989.70
.3
4.37
21C0.53
.9
4.50
1994.07
.4
4.37
2105.03
449.0
199$.44
Sheet 18 of 23
Elevation Difference Capacity
Feet.
_._."
Acre -Feet -
Acre -Feet
- - - --
4.40
.1
2002.84
4.40
.2
2007.24
4.40
.3
2011.64
4.40
.4
2016.04
4.41
.5
2020.45
4.41
.6
2024.86
4.41.
2029.27
4.41
.8
2033.68
4.41
.9
2038.09
4.41
450.0
2042.50
4.45
.1
2046.95
4.45
.2
2051.40
4.45
.3
2055.85
4.45
.4
2060.30
4.45
.5
- 2064.75
4.45
.6
2069.20
4.45
.7
2073.65
4.46
.$
2078.11
4.46
.9
2082.57
4.46
451.0
2087.03
4.50
.1
2091.53
4.50
.2
2096.03
4.50
.3
21C0.53
4.50
.4
2105.03
C- 11075 -18
A
C
c_
SAN JOAQUIN RESERVOIR
Capacity Table in Acre -Feet
Elevation Difference Capacity
Feet
Ahre -Feet
Acre -Feet
.7
4.50
-.
.5
4.60
2109.53
.8
4.50
2214.28
.6
4.60
2114.03
•9
4.50
2218.88
..7
4.60
2118.53
454.0
4.50
2223.48
.8
4.64
2123.03'
.1
4.50
2228.12
.9
4.64
2127.53
.2
4.51
2232.76
452.0
4.64
2132.04
.3 .
4.54
2237.40
.1
4.64
2136.58
.4
4.54
2242.04
.2
4.64
2141.12
.5
4.55
2246.68
.3
4.64
2145.67
.6
4.55
2251.32
.4
4.65
2150.22
.7
4.55
2255.97
.5
4.65
215L•77
.8
4.55
2260.62
.6
4.65
2159.32
.9
4.55
2265.27
.?
4.65
2163.87
455.0
4.55
2269.92
.8
4,69
2168.42
.1
4.55
2274.61
.9
4.69
2172.97
.2
4.55
2279.30
453.0
4.69
2177.52
•3
4.59
2283:99
.1
4.69
2182.11
.4
4.59
2288.68
.2
4.69
2186.70
•5
4.59
2293.37
.3
4.69
2191.29
.6
4.59
2298.06
.4
4.69
2195.88
.7
4.60
2302.75
.5
4.69
2200.48
.8
4.60
2307.44
.6
4.69
2205.08
4.60
Sheet 19 of 23
Elevation Difference Capacity
Feet
Acre -Feet
Acre -Feet
.7
2209.68
4.60
.8
2214.28
4.60
•9
2218.88
4.60
454.0
2223.48
4.64
.1
2228.12
4.64
.2
2232.76
4.64
.3 .
2237.40
4.64
.4
2242.04
4.64
.5
2246.68
4.64
.6
2251.32
4.65
.7
2255.97
4.65
.8
2260.62
4.65
.9
2265.27
4.65
455.0
2269.92
4,69
.1
2274.61
4.69
.2
2279.30
4.69
•3
2283:99
4.69
.4
2288.68
4.69
•5
2293.37
4.69
.6
2298.06
4.69
.7
2302.75
4.69
.8
2307.44
4.69
.9
2312.13
C- 11075 -19
C
C
C�
SAN JOAQUIN RESERVOIR
Capacity Table in Acre -Feet
Elevation Difference Capacity
Feet
Acre -Feet
Acre -Feet
4.70 -
--
456.0
2316.83
4.73
.1
2321.56
4.74
.2
2326.30
4.74
.3
2331.04
4.74
.4
2335.78
4.74
.5
2340.52
4.74
.6
2345.26
4.74
.7
2350.00
4.74
.8
2354.74
4.74
.9
2359.48
4.74
457.0
2364.22
4.78
.1
2369.00
4.78
.2
2373.78
4.78
.3
2378.56
4.78
.4
2383.34
4.79
.5
2388.13
4.79
.6
2392.92
4.79
•7
2397.71
4.79
.8
2402.50
4.79
.9
2407.29
4.79
-
458.0
2412.08
4.83
.1
.2416.91
4.83
.2
2421.74
"IIGV
Elevation Difference Capacity
Feet
Acre -Feet
Acre -Feet
-
4.83 -
--
.3
2426.57
4.83
•4
2431.40
4.83
.5
2436.23
4.83
.6
2441.06
4.84
•7
2445.90
4.84
.8
2450.74
4.84
.9
2455.55
4.84
459.0
2460.42
4.88
.1
2465.30
4.88
.2
2470.15
4.88
.3
2475.06
4.88
.4
2479.94
4.88
.5
2484.82
4.88
.6
2489.70
4.88
•7
2494.58
4.88
.8
2499.46
4.89
.9
2504.35
4.89
460.0
2509.24
4.93
.1
2514.17
4.93
.2
2519.10
4.93
-
.3
2524.03
4.93
.4
2528 .91
C- 11075 -20
�-
Sheet 21 of
23
SAN JOAO.UIN
RESERVOIR
Capacity Table
in Acre -Feet
l
Elevation
Difference
Capacity
Elevation
Differnce
Capacity
Feet
Acre -Feet
Acre -Feet
Feet
Acre -Feet
Acre -Feet
--3
- --
2533..87 -
5.03 -
- - - --
4.93
'$
2646.54
.6
-253$.$2
5.03
"
4.93
.9
2653.57
•7
2543.75
5,03..
4.93
463.0
2658.60
.8
2548•68
5.07•
4.93
,1
2663.67
.9
2553.61 -
5.07
4.93
.2
266$.74
461.0
255$.54
5.07
4.97
•3
2673.$1
.1
2563.51
5.07
4.98
.4
2678.88
.2
2568.49
5.08
4.98
.5
2683.96
.3
2573.47
5.o$
4.98
.6
2669.04
.4
257$.45
5.0$
4.96
.7
2694.12
.5
25$3 ..43
5.08
4.98
'6
2699.20
.6
2586.41
5.08
4.98
.9
2704.28
•7
2593.39
5.08
4.98
464.0
2709.36
•$
2598.37
5.12
4.98
.1
2714.48
.9
2603.35
5.12
4.98
.2
2719.60
462.0
2608.33
.5.12
5.02
.3
2724.72
.i
2613.35
5.12
5.02
.4
2729.84
.z
2618.37
5.12
5.02
.5
2734.96
.3
2623.39
5.13
5.03
.6
2740.09
.4
2628.42
5.13
5.03
'7
2745.22
.5
2633.45
5.13
5.03
.8
2750.35
.6
2636.4$
5.13
.7
5.03
2643.51
.9
5.13
2755.4$
l
C- 11075 -21
c
C4
(: oneet �z oz 23
SAN JOAQUIN RESERVOIR
Capacity Table in Acre -Feet
Elevation Difference Capacity
Feet
Acre -Feet
Acre -Feet
465.0
Acre -Feet
2760.61
5.17
.1
2765.78
5.17
.2
2770.95;
5.17
•3
2776.12
5.17
.4
2781.29
5.17 .
.5
2786.46
5.17
.6
2791.63
5.17
.7
2796.80
5.18
.8
28o1.98
5.18
.9
2807.16
5.18
466.0
2812.34
5.22
.1
2817.56
5.22
.2
2822.78
5.22
.3
2828.00
5.22
•4
2833.22
5.22
.5
2838-44
5.22
.6
2843.66
5.23
.7
2848.89
5.23
.8
2854.12
5.23
.9
2859-35
5.23
467.0
2864.58
5.27
.1
2869.85
5.27
.2
2875.12
Elevation
Difference
Capacity
Feet
Acre -Feet
Acre -Feet
-
5.27
.3
2880.39
5.27
.4
2885.66
5.27
.5
2890.93
5.27
.6
2896.20
5.27 .
•7
2901.47
5.27
.8
2906.74
5.28
.9
2912.02
5.28
468.0
2917.30
5.32
.1
2922.62
5.32
.2
2927.94
5.32
.3
2933.26
5.32
.4
2938.50
5.32
.5
2943.90
5.32
.6
2949.22
5.32
•7
2954.54
5.32
.8
2959.86
5.32
•9
2965.18
5.33
469.0
2970.51
5.37
.1
2975.88
5.37
.2
2981.25
5.37
.3
2986.62
5.37
.4
2991.99
C- 11075 -22
C
c
c_
rL
SAN JOAQUIN RESERVOIR
Capacity Table in Acre -Feet
Elevation Difference Capacity
Feet
Acre -Feet
_Acre-Feet
5.37-
.5
2997.36
5.37
.6
3002.73
5.37
.7
3oo8.10
5.37
.8
3013.47
5.37
.9
3018.84
5.37
470.0
3024.21
5.40
.1
3029.61
5.40
.2
3035.01
5.41
.3
3040.42
5 .41
.4
3045.83
5.41
.5
3051.24
Sheet 23 of 23
Elevation Difference Capacity
:Feet Acre -Feet Acre -Feet
a- 11075 -23
m
N
E
F
N
Ln
cr
N1d30 �}
o 0 ?
N co w V' N pp z
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W
4
N
W
a
W
a
W
OC
''^
z
-
_z
a c
W¢ d
0
Q
W
V
t
Z
7 c
N F
S
W
F
N
Ln
cr
N1d30 �}
o 0 ?
N co w V' N pp z
%n
0 0 0 0 0
m w V N O
V V V V 7
133! N� NO�lv,1313
N
M
/1
W
4
�ZoF
Wo
ha0
r
N
0
O
N I9GL
�
a
S
W
O
G
p
z
O
O
N
�
h
�
W
0
4
I
f
y
D
3
a
U
v
Q
W
D:
� \
\
Q
�
W
Q
In
0
�
N
tl
c
W
J
=
w
'b
W
u
$
Y
a
�
J
ix-
%n
0 0 0 0 0
m w V N O
V V V V 7
133! N� NO�lv,1313
N
M
/1
W
4
�ZoF
Wo
ha0
r
N
0
O
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�
U
Y
S
W
O
/lost
p
z
O
O
N
�
�ZZ
�
W
N
W
I
f
y
D
a
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4 F
tAJ
Lz9i Q
c a
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— = 1
9Zf' w
Y �
r G
U
O Q �z/ 1
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d
W
I/6 0
0
m 97L
its
0
° 96£
/6Z
96/
0 0
0
m rn
in In
IRWD Debt Service on
San Joaquin Reservoir
Exhibit "C"
Dec. 1
June 1
Totals
80 -81
$
257,703.64
$
73,534.96
$
331,238.60
81 -82
$
360,045.64
$
68,070.46
$
428,116.10
82 -83
$
354,451.33
$
63,040.42
$
417,491.75
83 -84
$
379,235.59
$
57,169.01
$
436,404.60
84 -85
$
373,625.51
$
50,949.14
$
424,574.65
85 -86
$
382,624.41
$
44,888.89
$
427,513.30
86 -87
$
391.517.06
$
38,249.20
$
429,766.26
87 -88
$
414,903.02
$
31,229.26
$
446,132.28
88 -89
$
422,886.86
$
23,667.38
$
446,554.24
89 -90
$
430,304.18
$
16,069.22
$
446,373.40
90 -91
$
422,635.55
$
8,185.61
$
430,821.16
91 -92
$
430,037.52
$
-0-
$
430,037.52
Totals
$4,619,970.31
$475,053.55
$5,095,023.86
Exhibit "C"
JAMES M. MONTGOMERY, CONSULTING ENGINEERS, INC.
17802 Sky Park Circle. Suite 201, Irvine, California 92714/ (714) 979 -8733
April 29, 1990
Metropolitan Water District
of Southern California
P.O. Box 54153
1111 Sunset Boulevard
Los Angeles, California 90054
Attention: Mr. Evan L. Griffith
General Manager
Subject: Limiting Drawdown Program for San Joaquin Reservoir
Gentlemen:
James M. Montgomery, Consulting Engineers, Inc. OMM) is pleased to present
herein the recommended limiting drawdown program for San Joaquin Reservoir
resulting from the operational studies of JMM and the geotechnical engineering
investigations of Wahler Associates. This work is pursuant to JMM's agreement
of December 20, 1979, with Metropolitan Water. District. It is believed to be
responsive to the consensus reached at the meeting of legal, engineering, and
managerial representatives of San Joaquin Reservoir participating agencies at
Irvine Ranch Water District on-April 11, 1980.
Experience has shown that the lining of San Joaquin Reservoir may be vulnerable
to failure in certain areas and under certain conditions in which excessive
drawdown of the reservoir water level permits excessive differential hydro-
static pressure from behind the lining to develop. In order to permit the
water level to fluctuate in a manner that would appear most advantageous to
the participating agencies in terms of available outflows, there would have
to be costly reconstruction of the reservoir lining, including the underdrainage
system. Even with a somewhat less flexible drawdown capability, Wahler Associ-
ate's estimates of necessary modifications indicated very "substantial costs.
The consensus of the meeting of the representatives of the participating
agencies was that it was not presently warranted to proceed with with such
a costly undertaking, but was preferable to base future operations upon a
limiting drawdown program which might preclude the necessity of such capital
p !? ^.!
investments. 9 + ✓t);;��„ "I r 6Z
P 1 N 3 ... Q._ -: P C B .. E N R o y %1 - N- 4 - _ a i 1. E E 4.. a
JABM AC }90NTGON= CONSULTING ENGII4EEEAS ING
17802 Sky Park Circle. Suite 201. Irvine. Cae(ornsa 927071 (714) 979 -8733
Mr. Evan L. Griffith -3- April 29, 1980
Metropolitan Water District of Southern California
WATER LEVEL DECLINE LIMITATIONS
The recommended maximum drawdown rates for the no- remedial work, minimal risk
alternative are shown in Table 1.
1,
TABLE 1
MAXIMUM RESERVOIR DRAWDOWN.RATES
W.S. Elevation Maximum Drawdown in Peet During Minimum Holding Period
From To Any Day Any Week . Any Month Days at MSL Elevation
470.5 438.0 3 10 30 10 at E1. 438.0
(Phase 1)
438.0 418.0 3 6 17 5 at El. 418.0
(Phase 2)
418.0 404.0 3 6 17 10 at El. 404.0
(Phase 3)
404.0 Empty 3 6 17 --
(Phase 4)
Figures 1,2,3 and 4 presernt graphically the detailed allowable drawdown rates
for Phases 1,2,3 and 4 respectively. Figures 5 -1 presents the overall limiting
drawdown program, comprising Phases 1 through 4. For practical purposes, a
starting point for the reservoir drawdown has been assumed at water surface
elevation 468, Mean Sea Level, which is 2.5 feet below spill way crest_ elevation
of 470.5 ft., MSL. Figure 5 -2, 5 -3, and 5 -4 show beginning water surface
elevations at MSL 458, 448 and 438 feet, respectively.
JAMES M. MONTGOMERY CONSULTING ENGIN17 ate. INC.
W
17802 Sky Par* Circe a. Sane 201. Irvine. Cali forni a 9270711.1141 979 6797
Mr. Evan L. Griffith -2- April 29, 1980
Metropolitan Water District of Southern California
LIMITING DRAWDOWN PROGRAM
The limiting drawdown program is described by Wahler Associates in its
April 15, 1980 letter to JMM as a "not-remedial work, minimal risk alternative"
which can be used by reservoir operation personnel during normal operations
or during constant drawdown, subject to definite monitoring, inspection and
evaluation procedures during and after each incremental drawdown. Wahler
Associates add that other precuationary operating measures will be defined in
their draft report. Wahler Associates, also, caution that the limiting draw-
down program is considered the extreme case for minimal risk of future failures;
that any greater rates will increase the potential for lining failures; and that
the limiting drawdown program is subject to change based on observations and
reservoir performance. Also, the limiting drawdown program is tentative and
subject to revision prior to completion of the JMM Operational Report and the
Wahler Report.
PRECAUTIONS
Wahler Associates have stressed that certain fluctuating groundwater conditions
behind the lining in certain areas could become critical to the integrity of the
reservoir lining under a too -rapid drawdown at some of the lower reservoir water
surface elevations. Therefore, it was important for this reason, as well as from
the standpoint of reversal of outflow through the lining, that the drawdown rates
be strictly observed, including the necessary holding periods following specified
maximum drawdown rates. Figures 5 -1 through Figures 5 -4 show Phase 1, limiting
drawdown program, commencing at varying water surface elevations, ranging from
elevation 468 feet to elevation 438 feet, the lower limiting elevation of Phase 1
It can be observed from these ranges or beginnings of water surface drawdowns,
that Phase 2 drawdown program may not commence until a minimum holding period of
10 days has transpired.
0
4 JAMFS M. MONTGOMERX CONSULTING ENGINEIIM INC.
17802 Sky Park Ci,Cle. S.Ite 2201. tr.me. Cantomia 92707i (714) 979 -3737
Mr. Evan L. Griffith -4- April 29, 1980
Metropolitan Water District of Southern California
Wahler Associates based their appraisals upon a thorough review of reservoir
design and construction information as well as an analysis of historic operating
experiences, including notable drawdowns. Table 2 shows these historical
drawdown data.
TABLE 2
7 —
SAN JOAQUIN RESERVOIR
HISTORICAL DRAWDOWN DATA
Pool Elevs. Drawdown Duration Rate Nature of Lining
No. Period Start /Stop Feet Days -- Ft /Day Drawdown Failures
1. 1/05/67 466 34 18 1.89 Operational Yes
1/23/67 432
2.
1/26/67-
435
19
80
0.24
Operational
No
4/15/67
416
3.
10/3/67-
416
22
42
0.52
Operational
No
11/15/67
394
4.
06/01/68-
459
71
201
0.35
Operational
No
12/18/68
388
S.
09/03/72-
464
89
106
0.84
Operational
Yes
12/18/72
375
6.
9/07/75-
468
30
166
0.18
Operational
No
2/20/76
438
7.
5/12/76-
438
20
71
0.28
Operational
No
7/22/76
418
8.
09/21/77-
468
30
23
1.30
Operational
No
10/14/77
438
r =`
9.
10/27/77-
438
62
151
0.41
Test
No
03/21/78
376
JAJAM X 2lONTGOMERY .Qa INC 17802 Sky Palk C Smte 201. Irvine. Cablomia 927071 (7 111 319-8)77
Mr. Evan L. Griffith -5- April 29, 1980
Metropolitan Water District of Southern California
Wahler Associates have also stressed that the reservoir lining subdrains must
be able to operate reliably and without restriction at all times; otherwise,
the risk of lining failure increases rapidly.
INSTRUMENTATION
Instrumentation has already been provided for the separate measuring of sub -
drainage flow from the eastern subdrains and western subdrains. Also, piezometers
are provided within the sand blanket at certain locations, but these are not
entirely accurate nor are they as extensive as might be desired. Provisions
should be made in the trust agreement to permit future improvement of the
instrumentation system when appropriate.'
DISCHARGE CAPABILITY OF THE RESERVOIR
The maximum design discharge of the reservoir outlet facility is 160 cfs. This
design discharge capability is based on hydraulic parameters, which are subject
to variation under actual operating conditions. MWD attempts to maintain a
consistent hydraulic gradient on water surface elevation and the downstream
hydraulic head. It is possible with valving to control the discharge to less
than its maximum for a given water surface and downstream hydraulic head:.
It can be observed from Table 3, Limiting Drawdown Program, that net drawdown
of 3 ft /day in the upper water surface elevations of the reservoir, Phase 1, a
net average withdrawal of 137 AF (68.5 CFS) when coupled with the design maximum
inlet - outlet flows from the EOCF #2 pipeline (92.5 CFS) closely approximates the
outlet work facility maximum discharge capability of 160 CFS.
REPLENISHMENT CAPABILITY OF THE RESERVOVR
The maximum reservoir drawdown rates as shown in Table 1 are withdrawal demands
made upon the reservoir which exceed the capability of the reservoir inlet system
to replenish withdrawn water on a daily basis resulting in an accumulative decrease
in reservoir storage. These conditions may result from normal demands with limited
� 121a
June 10, 1980
JAMES M. MONTGOMERY, CONSULTING ENGINEERS, INC.
17802 Sky Park Circle, Suite 201, Irvine, California 92714/ (714) 979 -8733
Rutan & Tucker, Esq.
Attorney at Law
P.O. Box 1976
Santa Ana, California 92702
Attention: Mr. Arthur Kidman, Esq., Counsel for
Mesa Consolidated Water District
Subject: San Joaquin Reservoir Limiting Drawdown Program
Gentlemen:
Pursuant to the request of the Metropolitan Water District of Southern California,
we are transmitting herewith, the following supplemental data to James M. Montgomery,
Consulting Engineers' report of April 29, 1980, entitled "Limiting Drawdown Program
for San Joaquin Reservoir ":
1). San Joaquin Reservoir Depth -Area- Capacity Curve.
2). San Joaquin Reservoir Capacity Tables in Acre -Feet.
The aforementioned Depth- Area - Capacity Curve and the Capacity Table reflect available
reservoir storage at all water surface elevations from spillway (Elevation 470.5
feet) to empty (Elevation 370.0 feet).
If there are any questions or comments please call at your convenience.
Very truly yours,
�,. v.�. to
DuWayne R. Lidke
/vM
P L A N N I N G ... R E S E A R C H ... E N V I R 0 N M E N T A L E N G I N E E R I N G
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COMPROMISE SETTLEMENT AND MUTUAL RELEASE AGREEMENT
THIS AGREEMENT is made and entered into effective the
30th day of June, 1980, by and between:
IRVINE RANCH WATER DISTRICT, ( "IRWD"
herein) organized and existing pursuant
to the California Water District Law
(Water Code § §34000 et sec.);
COASTAL MUNICIPAL WATER DISTRICT
( "COASTAL" herein) organized and exist-
ing pursuant to the Municipal Water
District Act of 1911 (Water Code § 971000
et sec.),
MUNICIPAL WATER DISTRICT OF ORANGE
COUNTY, ( "MWDOC" herein), formerly the
Orange County Municipal Water District
organized and existing pursuant to
the Municipal Water District Act of 1911
• (Water Code § 971000 et seg.);
THE METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA, ( "METROPOLITAN"
herein), organized and existing pursuant
to the Metropolitan Water District Act
( Stats. 1969, Ch. 209, as amended);
CITY OF HUNTINGTON BEACH (- HUNTINGTON
BEACH" herein) a municipal corporation
of the State of California;
CITY OF NEWPORT BEACH ( "NEWPORT" herein)
a municipal corporation of the State of
California;
MESA CONSOLIDATED WATER DISTRICT ( "MESA"
herein) formerly the COSTA MESA COUNTY
WATER DISTRICT, organized and existing
pursuant to the provisions of the Costa
Mesa Merger Law (Water Code § §33200 et
seg. and the County Water District Law
(Water Code § §30000 et seg.);
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LAGUNA BEACH COUNTY WATER DISTRICT,
( "LAGUNA" herein), organized and exist-
ing pursuant to the County Water Dis-
trict Law of the State of California
(Water Code § §30000 et
SOUTH COAST COUNTY WATER DISTRICT,
( "SOUTH COAST" herein), organized and
existing pursuant to the County Water
District Law of the State of California
(Water Code § §30000 et se q.);
THE IRVINE COMPANY, ( "TIC" herein), a
Michigan corporation, a successor in
interest to The Irvine Company of West
Virginia;
JAMES M. MONTGOMERY, CONSULTING ENGI-
NEERS, INC., ( "MONTGOMERY" herein), a
California corporation;
and
• W. A. WAHLER AND ASSOCIATES, ( "WAHLER"
herein), a California corporation doing
business in the State of California.
L
R E C I T A L S:
A. IRWD has heretofore constructed the San Joaquin
Reservoir and certain pipeline facilities and appurtenances
connecting such facility to the facilities of METROPOLITAN.
Said facilities of IRWD are hereinafter referred to collec-
tively as "the Reservoir ", and located within the boundaries
described in Exhibit "A" hereto, which is incorporated by
this reference. Title to the Reservoir site was transferred
from TIC to IRWD by a Deed recorded at Book 7545 and Pages
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621 -624 of the official records of Orange County, reserving
to TIC the perpetual right to use up to 100 acre feet of
storage in the Reservoir.
B. IRWD and some of the other parties hereto have
previously entered into various agreements with respect
to the Reservoir, which agreements are hereinafter referred
to as the "Basic Reservoir Agreements" and which are more
specifically described in Exhibit "B" hereto, which is
incorporated by this reference.
C. Various disputes between the parties hereto have
arisen concerning their respective rights under the Basic
Reservoir Agreements and the design, construction and
• operation of the Reservoir.
D. On or about April 8,, 1975, IRWD initiated cer-
tain litigation entitled Irvine Ranch Water District vs.
Metropolitan Water District of Southern California, et
al., Orange County Superior Court No. 22 70 83, concerning
the Reservoir and the Basic Reservoir Agreements, naming
as defendants MESA, MWDOC, METROPOLITAN, COASTAL, LAGUNA,
SOUTH COAST, and HUNTINGTON BEACH. TRI- CITIES MUNICIPAL
WATER DISTRICT was also named a party defendant and TRI -
CITIES filed a cross complaint in the action. The TRI -
CITIES cross complaint was dismissed on April 15, 1976 and
TRI - CITIES was dismissed from all complaints and cross
• complaints on April 20, 1976.
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• •
E. Various cross complaints stemming from the above
i
litigation have been filed by and against some of the
parties hereto, which cross complaints are more specifi-
cally described in Exhibit "C" hereto, and by this reference
incorporated herein.
F. The parties hereto have caused engineering studies
to be made as a foundation to negotiating a compromise and
settlement of their respective claims and have negotiated
such compromise and settlement and have agreed to mutually
release each other from any and all of their respective
rights, duties, claims and obligations arising from the
foregoing facts.
G. Pursuant to a separate agreement MESA is willing ,
to dismiss its cross complaint against MONTGOMERY and
WAHLER.
A G R E E M E N T S:
In consideration of the promises and covenants herein-
after set forth, the parties to this Agreement do hereby
agree as follows:
1. PRIOR AND CONCURRENT AGREEMENTS.
This Agreement supersedes and extinguishes the Memoran-
dum of Settlement Principles dated October 1, 1979. The
parties hereby mutually rescind and cancel the Basic Reser-
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voir Agreements, referenced in Exhibit "B ". Simultaneously
with execution of this Agreement, those of the parties who
will become Owners of the Reservoir under the "San Joaquin
Reservoir Trust Agreement" shall execute said Trust Agree-
ment which shall provide for ownership and operation of the
Reservoir in the future.
2. TRANSFER OF RESERVOIR OWNERSHIP.
A. Ownership Interests.
Simultaneously with the execution of this Agree-
ment, IRWD will transfer undivided percentage ownership
interests in the Reservoir to those parties hereto desiring
• storage capacity (collectively "Owners" herein). A form of
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Deed to effect such transfer is attached hereto, marked
Exhibit "D ", and by this reference incorporated herein.
Upon delivery of such Deed, each Reservoir Owner shall
execute the San Joaquin Reservoir Trust Agreement which,
inter alia, shall provide for the transfer of the Reservoir
title to METROPOLITAN in trust. The ownership interest and
storage capacity of each agency shall be as listed in Table
I, below:
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9M.
•
TABLE I
Capacity
Allocation
Percentage
Agency Name
(Acre Feet)
Ownership
Irvine Ranch
Water District
1,461
47.90%
Mesa Consolidated
Water District
583
19.118
Citv of
Huntington Beach
400
13.11%
Metropolitan
300
9.84%
Laguna Beach
.
County Water District
156
5.128
The Irvine Company
64
2.10%
South Coast
•
County Water District
50
1.648
City of
Newport Beach
36
1.18%
TOTAL
3,050
100.00%
9M.
• . 6 /30/80
• B. Initial Purchase Payment.
Simultaneously with execution of this agreement,
with the exception of METROPOLITAN, TIC, and NEWPORT,
i
Reservoir Owners will make a purchase payment or receive
refunds for Reservoir ownership as shown in Table II below.
The purchase payments and refunds are based upon a calcula-
tion of each agency's share of IRWD's Reservoir Capital and
other expenditures since the inception of the Reservoir
to June 30, 1980.
•
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TABLE II
Capacity
Purchase
Subject
Buy -in
Payment or
Name of Agency
to Buy -in
Percentage
(Refund)
•
Irvine Ranch
Water District
1,461
55.13%
($630,017.01)
Mesa Consolidated
Water District
583
22.00%
$661,280.84
Huntington Beach
400
15.09%
$185,332.77
Metropolitan
Water District
--
--
$ 0
Laguna Beach
County Water District
156
5.898
($143,891.12)
The Irvine Company
--
--
$ 0
South Coast
County Water District
50
1.89%
($72,705.48)
Newport Beach
--
--
$ 0
TOTAL
2,650
100.08
$ 0
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METROPOLITAN's ownership interest in the Reservoir
will be obtained without cash contribution in consideration
of the following:
(i) Settlement of the litigation.
(ii) METROPOLITAN's past expenses in operating the
Reservoir.
(iii) METROPOLITAN's commitment to operate and
maintain the Reservoir for the benefit of
participants in the Reservoir.
(iv) A new ownership and operating agreement.
The capacity of TIC and its assignee, NEWPORT BEACH, was
• fully paid for in kind at the time of Reservoir construction
•
and, therefore, is not subject to purchase payment.
C. Repurchase of Reservoir Fill -Water
METROPOLITAN shall repurchase from MWDOC and
COASTAL and they shall repurchase from Owners the water
purchased by the Owners to initially fill the Reservoir.
The price of such repurchase is equal to the original
purchase price. The Owners of water in the Reservoir, the
amount owned and the repurchase prices are tabulated
below:
NO
•
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Water Purchased
(acre feet) Price
Through MWDOC:
IRWD 1,400 $46,200
MESA 600 19,800
HUNTINGTON BEACH 400 13,200
Total 2,400 $79,200
Through COASTAL:
LAGUNA 100 $ 3,300
TIC 96 3,168
SOUTH COAST 50 1,650
• IRWD (from TCMWD) 50 1,650
NEWPORT 4 132
Total 300 9,900
GRAND TOTAL 2,700 $89,100
METROPOLITAN shall, by means of credits in the next
water bills presented to MWDOC and COASTAL after the effec-
tive date of this agreement, pay the purchase price set
forth above. MWDOC and COASTAL shall, in the next water
bill presented to the agencies listed above following
receipt of such METROPOLITAN water bill, pass through such
• credits to the agencies listed above.
•
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D. Future Debt Service Payments to IRWD.
In accordance with the San Joaquin Reservoir Trust
Agreement, with the exception of TIC, Reservoir Owners,
including METROPOLITAN, shall pay a proportionate share of
future debt service on the bonds previously issued by IRWD
to build the Reservoir.
E. Allocation of Engineering Costs.
METROPOLITAN has entered into agreements with
MONTGOMERY and WAHLER for the performance of engineering
services designed to assess the condition and operating
capability of the Reservoir. METROPOLITAN shall charge the
Owners for, and the Owners shall pay, their share of the
• total billings paid by METROPOLITAN to MONTGOMERY and WAHLER
as a Reservoir Operation and Maintenance expense as provided
in Section 6 of the San Joaquin Reservoir Trust Agreement.
3. DISMISSAL OF ACTIONS.
All rights and obligations of the parties to this
Agreement are subject to the dismissal of the following
action and cross actions. IRWD will dismiss with prejudice
the complaint in Irvine Ranch Water District v. Metropolitan
Water District of Southern California, etc., et al., Orange
County Superior Court Case No. 22 70 83, as to all defen-
dants. Each of the cross complainants listed in Exhibit "C"
shall concurrently dismiss with prejudice any and all
. cross complaints filed in the same action with respect to
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all cross defendants. Each of the parties shall bear
their own costs in said actions. Forms of Dismissals are
attached hereto, marked Exhibits E -1 through E -6, and by
this reference incorporated herein.
4. MUTUAL RELEASE.
The parties hereto agree to release and forever dis-
charge each other, their officers, servants, agents, employ-
ees, predecessors, successors and assigns from any and all
liability, manner of actions, causes of action, suits,
claims and demands of any nature whatsoever, in law or in
equity, which they ever had, now have, or which they or
• their successors might hereafter have, accruing on or before
the date of this Agreement, in any way related to the above-
described litigation or to the facts set forth in the reci-
tals above.
. The parties hereto understand that Section 1542 of the
Civil Code of the State of California is as follows:
Section 1542 [certain claims not affected by
a general release.] A general release does not
extend to claims which the creditor does not know
or suspect to exist in his favor at the time of
executing the release, which if known by him must
have materially affected his settlement with the
debtor.
The parties hereto hereby specifically waive the provisions
of Civil Code Section 1542.
•
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5. CLOSING PROCEDURE.
The attorneys for each party shall meet in the offices
of Rutan & Tucker, 401 Civic Center Drive, Santa Ana, and
there to simultaneously deliver all documents and money
needed and to formally close this transaction. Prior to the
closing date, the parties hereto shall have deposited with
their respective attorneys fully executed documents and
moneys as specified below.
a. A certified resolution in substantially
the form attached hereto, marked Exhibit "F ",
and by this reference incorporated herein,
• authorizing execution of documents, and
payment of moneys as specified herein;
b. This Agreement;
C. A Deed from IRWD to the Reservoir Owners
transfering undivided percentage ownership
interest in the Reservoir as specified
herein (see Exhibit "D "); and deed accep-
tances from each Owner of the property rights
transfered by the IRWD deed;
d. Deeds from each Owner to METROPOLITAN, in
trust;
1 •-12-
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e. The San Joaquin Reservoir Trust Agreement as
provided herein, including METROPOLITAN's
acceptance of the Reservoir title in trust;
f. Checks or drafts for the purchase payments or
refunds; and
g. Executed dismissal documents (see Exhibits
E -1 through E -6).
Upon delivery of all documents executed to the satis-
faction of the attorneys for each of the parties, the deeds
referred to in subparagraphs c and d above shall be re-
corded, the dismissals shall be filed, and the moneys pro-
vided for herein shall be exchanged.
• This Agreement may be executed in counterpart and the
executed signature pages shall be attached to a single copy
of this Agreement at the time of closing. The original
shall be held by METROPOLITAN and copies provided to each
•
party.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals by their respective corporate officers
thereunto, duly authorized as of the day and year first
above written. I
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•
COMPROMISE SETTLEMENT AND MUTUAL RELEASE
AGREEMENT Effective June 30, 1980 Pertaining
to the San Joaquin Reservoir
APPROVED AS TO FORM: IRVINE RANCH WATER DISTRICT
ALEXANDER BOWIE,
a Law Corporation
0
By: Attest:
General Counsel
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0
•
COMPROMISE SETTLEMENT AND MUTUAL RELEASE
AGREEMENT Effective June 30, 1980 Pertaining
to the San Joaquin Reservoir
APPROVED AS TO FORM: MESA CONSOLIDATED WATER DISTRICT
RUTAN & TUCKER
m
BY:
General Counsel Attest:
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COMPROMISE SETTLEMENT AND MUTUAL RELEASE
AGREEMENT Effective June 30, 1980 Pertaining
to the San Joaquin Reservoir
APPROVED AS TO FORM: COASTAL MUNICIPAL WATER DISTRICT
RIMEL & HELSING
By:
General Counsel
•
•
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ATTEST:
•
COMPROMISE SETTLEMENT AND MUTUAL RELEASE
AGREEMENT Effective June 30, 1980 Pertaining
to the San Joaquin Reservoir
APPROVED AS TO FORM:
RUSSELL G. BEHRENS,
a Professional Corporation
By:
General Counsel
•
•
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MUNICIPAL WATER DISTRICT OF
ORANGE COUNTY
'
ATTEST:
•
COMPROMISE SETTLEMENT AND MUTUAL RELEASE
AGREEMENT Effective June 30, 1980 Pertaining
to the San Joaquin Reservoir
APPROVED AS TO FORM:
ROBERT P. WILL,
General Counsel
By:
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THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
By
General Manager
Attest:
Executive Secretary
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•
F- IL
•
COMPROMISE SETTLEMENT AND MUTUAL RELEASE
AGREEMENT Effective June 30, 1980 Pertaining
to the San Joaquin Reservoir
APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH
GAIL HUTTON,
City Attorney
By:
1]
•
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ATTEST:
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0
0
COMPROMISE SETTLEMENT AND MUTUAL RELEASE
AGREEMENT Effective June 30, 1980 Pertaining
to the San Joaquin Reservoir
APPROVED AS TO FORM: CITY OF NEWPORT BEACH
HUGH R. COFFIN,
City Attorney
By:
I
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0
ATTEST:
•
•
0
COMPROMISE SETTLEMENT AND MUTUAL RELEASE
AGREEMENT Effective June 30, 1980 Pertaining
to the San Joaquin Reservoir
APPROVED AS TO FORM:
RIMEL AND HELSING
By:
General Counsel
•
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LAGUNA BEACH COUNTY WATER DISTRICT
0
ATTEST:
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a
•
•
COMPROMISE SETTLEMENT AND MUTUAL RELEASE
AGREEMENT Effective June 30, 1980 Pertaining
to the San Joaquin Reservoir
APPROVED AS TO FORM: _SOUTH COAST COUNTY WATER DISTRICT
ROURKE & WOODRUFF
By:
General Counsel
u
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ATTEST:
a
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COMPROMISE SETTLEMENT AND MUTUAL RELEASE
AGREEMENT Effective June 30, 1980 Pertaining
to the San Joaquin Reservoir
APPROVED AS TO FORM: THE IRVINE COMPANY
DAVID L. KERRIGAN
General Counsel
By:
•
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ATTEST:
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•
COMPROMISE SETTLEMENT AND MUTUAL RELEASE
AGREEMENT Effective June 30, 1980 Pertaining
to the San Joaquin Reservoir
APPROVED AS TO FORM: JAMES M. MONTGOMERY CONSULTING
WILSON, ELSER, EDELMAN & DICKER . ENGINEERS, INC.
By:
•
•
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•
•
COMPROMISE SETTLEMENT AND MUTUAL RELEASE
AGREEMENT Effective June 30, 1980 Pertaining
to the San Joaquin Reservoir
APPROVED AS TO FORM: W. A. WAHLER AND ASSOCIATES
SEVERSON, WERSON & BERKE
By:
•
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• EXHIBIT "A"
Parcel 1
Those portions of Blocks 97 and 98 of the Irvine's Subdivi-
sion, in the County of Orange, State of California, as per
Map recorded in Book 1, Page 88 of Miscellaneous Record
Maps, in the Office of the County Recorder of said County,
described as follows:
Beginning at a brass disc set in concrete, set by the
Orange County Surveyor, to mark the quarter corner on the
southwesterly line of Block 91 of said Irvine's Subdivision;
thence South 50 000100" East 2640 feet to a brass disc set
in concrete, set by said surveyor, to mark the most easterly
corner of Block 92 of said Irvine's Subdivision and comon
corner of Blocks 91, 97 and 98 of said Irvine's Subdivision;
thence South 3 023'13" East 1553.05 feet to a brass disc set
in concrete, set by the United States Coast and Geodetic
Survey, and designated as "Browning "; thence South 55 °45'30"
East 294.18 feet to the "TRUE POINT OF BEGINNING "; thence
South 40 146'20" East 197.60 feet; thence North 0 034134" East
461.17 feet; thence South 89 °24'59" West 194.00 feet; to a
point on the Southerly prolongation of the Easterly line of
Lot 8 of Tract No. 9858 as per map recorded in Book 436
pages 1 to 7 inclusive of Miscellaneous Maps, in the office
EXHIBIT "A"
-1-
of said County Recorder; thence along said prolongation and
•
said easterly line North 0 134'44" West 175.56 feet; thence
North 57 006103" Ea -.t 45.91 feet; thence North 10 155'33" East
115.32 feet; thence North 28 °46'32" East 157.16 feet; thence
North 63 028144" East 41.15 feet; thence North 21 108'06" West
119.62 feet; thence North 0 034'44" West 70.f.0 feet; thence
North 58 039150" West 76.64 feet; thence North 46 119'48" East
488.92 feet; thence North 53 °36116" East 74.00 feet; thence
North 28 014'31" East 140.12 feet; thence North 82° 08'29"
East 23.00 feet; thence South 9 °41113" East 175.77 feet;
thence North 80 018'47" East 120.00 feet; thence North
9 041113" West 171.94 feet; thence North 82 108'29" East
197.66 feet; thence South 7 °51131" East 85.38 feet to the
beginning of a curve concave northeasterly having a radius
of 100 feet; thence Southerly, Southeasterly and Easterly
141.87 feet along said curve through an angle of 81 °17'01 ";
thence South 89 °08'32" East 289.10 feet; thence South
8 000136" East 820.76 feet; thence South 33 °09' 09" East
1465.88 feet; thence South 13 025'14" East 680.00 feet;
thence South 69 °08'20" West 270.27 feet; thence South
85 °37108" West 222.77 feet; thence North 24 113'10" West
437.65 feet; thence South 76 134'46" West 40.00 feet;
thence South. 45 042'22" West 309.17 feet; thence South
11 038125" West 1024.86 feet; thence South 75 055'07" West
289.80 feet; to an angle on the easterly boundary of
Tract No. 9859 as per Map recorded in Book 435, Pages 1, 2
•
EXHIBIT "A"
-1-
0
E
and 3 of Miscellaneous Maps; thence along said Easterly
boundary and the Easterly boundary of Tract No. 9588 as
per Map recorded in Book 400, Pages 25 to 28 inclusive of
said Miscellaneous Maps the following courses: North
22 °17'13" West 1261.95 feet; North 12 029151' West 448.09
feet; North 22 °52139" West 454.58 feet; North 51 °20'49"
West 77.21 feet; and North 15 °52'51" West 276.97 feet to
the TRUE POINT OF BEGINNING.
PARCEL 2
• non - exclusive easement for ingress and egress over lots
• and B and portion of Lot 8 of Tract No. 9858, in the
County of Orange, State of California, as per map recorded
in Book 436 pages 1 to 7 of Miscellaneous Maps, in the
office of the County Recorder of said county, as shown on
the grant of easement recorded at Book 12848 page 1899 of
the official records of the County of Orange, California.
PARCEL 3
• A non - exclusive, relocatable easement for ingress and egress
purposes in connection with the construction, maintenance
and operation of'a reservoir known as the San Joaquin
Reservoir and other works connected therewith or incidental
to Grantee's operations, including the right to grade,
construct, reconstruct, maintain, inspect, improve, repair
and replace a roadway over real property, as shown on the
grant of easement recorded in Book 13640, Pages 833 through
840 of the Official Records of the County of Orange, Cali-
fornia.
•
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EXHIBIT "A"
0
Document No.
0 0
BASIC RESERVOIR AGREEMENTS
Document
1. Agreement for Construction, Maintenance and
Operation of Reservoir dated April 4, 1962,
between Metropolitan Water District of
Southern California ( "MET "), Orange County
Municipal Water District ( "OCMWD "), and
Coastal Municipal Water District ( "CMWD ")
(known as the "Reservoir Agreement ").
2. Agreement dated April 4, 1962, between
OCMWD, CMWD and Irvine Ranch Water District
( "IRWD ") (known as the "Supplemental Reser-
voir Agreement ").
3. Agreement dated August 15, 1962, between
IRWD and The Irvine Company ( "TIC ").
4. Reservoir Lease Agreement dated October 19,
• 1962, between IRWD and Costa Mesa.
5. Addendum Agreement dated October 19, 1962,
between Costa Mesa, IRWD, OCMWD and CMWD.
6. Reservoir Lease Agreement dated August 7,
1963, between Huntington Beach, IRWD, OCMWD,
and CMWD.
7. Addendum Agreement dated August 7, 1963,
between Huntington Beach, IRWD, OCMWD, and
CMWD.
8. Addendum Agreement dated September 30, 1963,
between TIC, IRWD, OCMWD and CMWD.
9. Amendment to Supplemental Reservoir Agree-
ment ( "Amendment Agreement ") dated November
22, 1963, between OCMWD, CMWD, IRWD, Costa
Mesa and Huntington Beach.
10. Addendum Agreement dated February 6, 1964,
between TIC, IRWD, OCMWD, CMWD, Costa Mesa
and Huntington Beach.
11. Reservoir Capacity Assignment and Sublease
• dated September 10, 1964, between CMWD,
EXHIBIT "B"
0
0 0
Laguna Beach County Water District ( "LBCWD "),
South Coast County Water District ( "SCCWD ")
and Tri- Cities Municipal Water District
( "Tri- Cities ").
12. Resolution of IRWD dated October 7, 1964,
consenting to Reservoir Capacity Assignment
and Sublease dated September 10, 1964.
13. Reservoir Lease Agreement dated October 8,
1964, between IRWD and CMWD.
14. Addendum Agreement to Reservoir Lease
Agreement dated October 8, 1964, between
IRWD, OCMWD, CMWD, Costa Mesa and Huntington
Beach.
15. Addendum Agreement dated April 5, 1965,
between City of Newport Beach, The Irvine
Company, IRWD, OCMWD, CMWD, Costa Mesa and
Huntington Beach.
16. Amendment to the Supplemental Reservoir
• Agreement between OCMWD, CMWD and IRWD
dated June 8, 1966.
•
17. First Amendment to Agreement for Construc-
tion, Maintenance and Operat;on of a Reser-
voir near the East Orange County Feeder No.
2 of the Metropolitan Water District of
Southern California between MET, OCMWD and
CMWD dated June 29, 1966.
-2-
EXHIBIT "B"
0
r]
CROSS COMPLAINTS
0
filed in Orange County
Case No. 22- 70 -83,
Irvine Ranch Water District
v. Metropolitan Water District
of Southern California, et al.
Cross Complaint
MUNICIPAL WATER DISTRICT OF ORANGE COUNTY
vs.
(8 -1 -75)
IRVINE RANCH WATER DISTRICT
Cross Complaint
COSTA MESA COUNTY WATER DISTRICT vs.
(8 -8 -75)
IRVINE RANCH WATER DISTRICT
METROPOLITAN WATER DISTRICT OF SOUTHERN
CALIFORNIA
JAMES M. MONTGOMERY CONSULTING ENGINEERS,
INC.
SOIL ENGINEERS, INC.
SOIL MECHANICS AND FOUNDATION ENGINEERS,
INC.
W. A. WAHLER AND ASSOCIATES
DOES ONE THROUGH FIVE d /b /a W. A. WAHLER
AND
•
ASSOCIATES
Cross Complaint
-wiMES M. MONGTOMERY CONSULTING ENGINEERS,
(2- 10 -76)
INC. vs.
METROPOLITAN WATER DISTRICT OF SOUTHERN
CALIFORNIA
Cross Complaint THE METROPOLITAN WATER DISTRICT OF
(1 -4 -79) SOUTHERN CALIFORNIA vs.
IRVINE RANCH WATER DISTRICT
MUNICIPAL WATER DISTRICT OF ORANGE COUNTY
COASTAL MUNICIPAL WATER DISTRICT
JAMES M MONTGOMERY CONSULTING ENGINEERS, INC.
SOIL MECHANICS AND FOUNDATION ENGINEERS, INC.
W. A. WAHLER AND ASSOCIATES
Cross Complaint COASTAL MUNICIPAL WATER DISTRICT vs.
(6- 25 -79)
IRVINE RANCH WATER DISTRICT
MUNICIPAL WATER DISTRICT OF ORANGE COUNTY
Amendment to COASTAL MUNICIPAL WATER DISTRICT vs.
Cross Complaint
• (7- 18 -79) IRVINE RANCH WATER DISTRICT
METROPOLITAN WATER DISTRICT OF SOUTHERN
CALIFORNIA (MWDOC deleted as defendant)
EXHIBIT "C"
•
•
RECORDING REQUESIOD BY
AND RETURN TO:
IRVINE RANCH WATER DISTRICT
P.O. Box DI
Irvine, California 92716
DOCUMENTARY TRANSFER TAX
(Exempt: Rev. & Tax. Code 511922)
RECORDING FEES
(Exempt: Govt. Code §27383)
•
IRVINE RANCH WATER DISTRICT, a California Water Dis-
trict, hereby grants to each of the parties listed below the
undivided interest shown opposite its name in the real prop-
erty in the City of Irvine, County of Orange, which is de-
scribed in Exhibit "A" attached hereto:
Undivided
Grantee Interest
IRVINE RANCH WATER DISTRICT 47.90%
MESA CONSOLIDATED WATER DISTRICT 19.11%
M
CITY OF HUNTINGTON BEACH 13.11%
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA 9.84%
LAGUNA BEACH COUNTY WATER DISTRICT 5.12%
THE IRVINE COMPANY 2.10%
SOUTH COAST COUNTY WATER DISTRICT 1.64%
CITY OF NEWPORT BEACH 1.18%
DATED: IRVINE RANCH WATER DISTRICT
Attest:
• EXHIBIT D
0
Parcel 1
Those portions of Blocks 97 and 98 of the Irvine's Subdivi-
sion, in the County of Orange, State of California, as per
Map recorded in Book 1, Page 88 of Miscellaneous Record
Maps, in the Office of the County Recorder of said County,
described as follows:
-2-
Beginning at a brass disc set in concrete, set by the
Orange County Surveyor, to mark the quarter corner on the
southwesterly line of Block 91 of said Irvine's Subdivision;
thence South 50 °00100" East 2640 feet to a brass disc set
in concrete, set by said surveyor, to mark the most easterly
corner of Block 92 of said Irvine's Subdivision and comon
corner of Blocks 91, 97 and 98 of said Irvine's Subdivision;
thence South 3 123'13" East 1553.05 feet to a brass disc set
in concrete, set by the United States Coast and Geodetic
Survey, and designated as "Browning "; thence South 55 045'30"
East 294.18 feet to the "TRUE POINT OF BEGINNING "; thence
South 40 146'20" East 197.60 feet; thence North 0 134'34" East
461.17 feet; thence South 89 024159" West 194.00 feet; to a
point on the Southerly prolongation of the Easterly line of
Lot 8 of Tract No. 9858 as per map recorded in Book 436
pages 1 to 7 inclusive of Miscellaneous Maps, in the office
•
of said County Recorder; thence along said prolongation and
said easterly line North 0 034144" West 175.56 feet; thence
North 57 006103" East 45.91 feet; thence North 10 055133" East
115.32 feet; thence North 28 046132" East 157.16 feet; thence
North 63 128144" East 41.15 feet; thence North 21 008 06" West
119.62 feet; thence North 0 °34'44" West 70.00 feet; thence
North 58 039150" West 76.64 feet; thence North 46 019'48" East
488.92 feet; thence North 53 036116" East 74.00 feet; thence
North 28 °14'31" East 140.12 feet; thence North 82° 08'29"
East 23.00 feet; thence South 9 041113" East 175.77 feet;
thence North 80 018147" East 120.00 feet; thence North
9 041113" West 171.94 feet; thence North 82 °08'29" East
197.66 feet; thence South 7 °51131" East 85.38 feet to the
beginning of a curve concave northeasterly having a radius
of 100 feet; thence Southerly, Southeasterly and Easterly
141.87 feet along said curve through an angle of 81 °17'01 ";
thence South 89 °08132" East 289.10 feet; thence South
8 100'36" East 820.76 feet; thence South 33 °09' 09" East
1465.88 feet; thence South 13 025114" East 680.00 feet;
thence South 69 °08'20" West 270.27 feet; thence South
85 037'08" West 222.77 feet; thence North 24 °13'10" West
437.65 feet; thence South 76 034'46" West 40.00 feet;
thence South 45 042'22" West 309.17 feet; thence South
11 °38'25" West 1024.86 feet; thence South 75 °55'07" West
289.80 feet; to an angle on the easterly boundary of
•
Tract No. 9859 as per Map recorded in Book 435, Pages 1, 2
-2-
n
u
9 0
and 3 of Miscellaneous Maps; thence along said Easterly
boundary and the Easterly boundary of Tract No. 9588 as
per Map recorded in Book 400, Pages 25 to 28 inclusive of
said Miscellaneous Maps the following courses: North
22 017113" West 1261.95 feet; North 12 °29'51' West 448.09
feet; North 22 °52'39" West 454.58 feet; North 51 °20'49"
West 77.21 feet; and North 15 052'51" West 276.97 feet to
the TRUE POINT OF BEGINNING.
PARCEL 2
• non - exclusive easement for ingress and egress over lots
• and B and portion of Lot 8 of Tract No. 9858, in the
County of Orange, State of California, as per map recorded
in Book 436 pages 1 to 7 of Miscellaneous Maps, in the
office of the County Recorder of said county, as shown on
the grant of easement recorded at Book 12848 page 1899 of
the official records of the County of Orange, California.
PARCEL 3
• A non - exclusive, relocatable easement for ingress and egress
purposes in connection with the construction, maintenance
and operation of -a reservoir known as the San Joaquin
Reservoir and other works connected therewith or incidental
to Grantee's operations, including the right to grade,
construct, reconstruct, maintain, inspect, improve, repair
and replace a roadway over real property, as shown on the
grant of easement recorded in Book 13640, Pages 833 through
840 of the Official Records of the County of Orange, Cali-
fornia.
n
-3-
0
• •
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On 1980, before me, the under-
signed, a Notary Public in and for said State, personally
appeared and ,
(name) (name)
known to me to be the _ and
(office)
respectively, of the IRVINE RANCH
(office)
WATER DISTRICT, the District that executed the within
instrument, and known to me to be the persons who executed
the within instrument, and on behalf of the District therein
named, and acknowledged to me that such District executed
the within instrument pursuant to authority of its Board of
Directors.
• WITNESS my hand and official seal.
n
U
-4-
Notary Public
0
ACCEPTANCE
The undersigned, being
IRVINE RANCH WATER DISTRICT,
IRVINE RANCH WATER DISTRIC
interest in real property
the terms of said deed, and
the same.
DATED:
LJ
•
the duly authorized agent of
does hereby accept on behalf of
T, the foregoing deed and the
conveyed therein, subject to
consents to the recordation of
-5-
11
ACCEPTANCE
The undersigned, being the duly authorized agent of
MESA CONSOLIDATED WATER DISTRICT, does hereby accept on
behalf of MESA CONSOLIDATED WATER DISTRICT, the foregoing
deed and the interest in real property conveyed therein,
subject to the terms of said deed, and consents to the
recordation of the same.
DATED:
•
U
-6-
9
0
ACCEPTANCE
i
The undersigned, being the duly authorized
CITY OF HUNTINGTON BEACH, does hereby accept on
CITY OF HUNTINGTON BEACH, the foregoing deed and
est in real property conveyed therein, subject to
of said deed, and consents to the recordation of
DATED:
•
•
-7-
agent of
behalf of
the inter -
the terms
the same.
E
0
ACCEPTANCE
lJ
The undersigned, being the duly authorized agent of THE
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, does
hereby accept on behalf of THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA, the foregoing deed and the interest
in real property conveyed therein, subject to the terms of
said deed, and consents to the recordation of the same.
DATED:
•
•
Q�
E
0
ACCEPTANCE
0
The undersigned, being the duly authorized agent of
LAGUNA BEACH COUNTY WATER DISTRICT, does hereby accept on
behalf of LAGUNA BEACH COUNTY WATER DISTRICT, the foregoing
deed and the interest in real property conveyed therein,
subject to the terms of said deed, and consents to the
recordation of the same.
DATED:
•
•
ERM
E
0
ACCEPTANCE
0
The undersigned, being the duly authorized agent of
SOUTH COAST COUNTY WATER DISTRICT, does hereby accept on
behalf of SOUTH COAST COUNTY WATER DISTRICT, the foregoing
deed and the interest in real property conveyed therein,
subject to the terms of said deed, and consents to the
recordation of the same.
DATED:
•
•
-10-
0 0
0
ACCEPTANCE
The undersigned, being the duly authorized agent of
THE IRVINE COMPANY, does hereby accept on behalf of THE
IRVINE COMPANY, the foregoing deed and the interest in real
property conveyed therein, subject to the terms of said
deed, and consents to the recordation of the same.
DATED:
C,
J
-11-
0 0
F, -I
L
ACCEPTANCE
The undersigned, being the duly authorized agent of
CITY OF NEWPORT BEACH, does hereby accept on behalf of
CITY OF NEWPORT BEACH, the foregoing deed and the interest
in real property conveyed therein, subject to the terms of
said deed, and consents to the recordation of the same.
DATED:
•
•
-12-
EXHIBIT E -1
RUTAN & TUCKER
'H. RODGB.; is %+ +Ldd Telephone Noonomeyfs)
HOMER L. McCORMICK
ARTHUR G. KIDMAN
ROBERT S. BOWER
&-01 Civic Center Drive West
Santa Ana, California 92702
(714) 835 -2200
COSTA MESA COUNTY WATER
Attorney(s) for ... DISTRICT ................ •..........
Plaintiff($):
Space *for Use of Caun Clerk only
SUPERIOR ... , . COURT OF CALIFORNIA, COUNTY OF.... ORANGE
(SUPERIOR, MUNICIPAL, or JUSTICE)
700 Civic Center Drive West, Santa Ana, California
................................... ...............................
(Name of Municipal or Justice Court District or of branch court, it any)
IRVINE RANCH WATER DISTRICT, CASE NUMBER 227083
a California Water District,` -
METROPOLITAN WATER DISTRICT
Defendant(s):OF SOUTHERN CALIFORNIA, etc
et al.
Title)
REQUEST FOR DISMISSAL
TYPE OF ACTION
Personal Injury, Property Damage and Wrongful Death:
O Motor Vehicle (Other
Domestic Relations F1 Eminent Domain
Other: (Specify) ... S.. ...ee .........elow ...................
TO THE CLERK: Please dismiss this action as follows: (Check applicable boxes.)
t. g With prejudice Without prejudice
2. ❑ Entire action [ Complaint only Petition only Cross - complaint only
11 Other: (Specify)'
• Complaint for Injury to Real Property, Breach of Contract, Declaratory
Relief, Inverse Condemnation Injury Resulting From Dangerous Condition
After Knowledge Thereof,. Injury Resulting From Dangerous Condition Due
to Act or Omission of an Employee, Negligent Misrepresentation, Trespass,
Breach of Covenant. LEXADID R B E 0
•
WI
Dated
'If dismissal requested is of specified parties only, of specified
causes of action only or of specified cross- complaints only, so
state and identity the parties, Causes of action or. cross- complaints
to be dismissed.
AC
By-
Plaintiff, IRVINE RANCH —
Attorney($) for ............... - ..........
WATER DIS'PF22CT ��
(Type or print attorney(s) name(s))
TO THE CLERK: Consent to the above dismissal is hereby given."
Dated: ...............................................
"When a cross- complaint (or Response (Marriage) seeking affirma- Attorney(s) for .............. ...............................
live relief) is on file, the attorneys) for the cross - complainant -
(respondent) must sign this consent when required by CCP
581(p, (2) or (5).
(Type or print attorney(s) name(s))
(To be completed by clerk)
❑ Dismissal entered as requested on ............................................... ...............................
❑ Dismissal entered on ....... ............................... as to only
.................. ...............................
❑ Dismissal not entered as requested for the following reason(s), and attorney(s) notified on .... ...............................
Dated... .................
d
Clerk
Deputy
_ Form Adopted by Rule 982 of CCP 581, etc.;
c The Judicial Council of California REQUEST FOR DISMISSAL Cal. Rules of Court,
Revised Effective July 1, 1972 Rule 1233
RUTA:`3 & TUCKER •
H. RODGE.�m.I&WaJ%m Telephone No. of Anomay(s)
HOMER L. McCORMICK
ARTHUR G. KIDMAN
•ROBERT S. BOWER
401 Civic Center Drive West
Santa Ana, CA 92702
(714) 835 -2200
EXHIBIT E -2
Attorney!;) for PQ� mz IC9SA COUNTY WATER
..................
•
space 6eiow for Use of Court b:erx Only
SUPERIOR , .. , . , . COURT OF CALIFORNIA, COUNTY OF... ORA QGE
(SUPERIOR, MUNICIPAL, or JUSTICEI
700 Civic Center Drive West, Santa Ana, California
................................... ...............................
(Name of Municipal or Justice Court District or of branch court, if any)
Plartift(s): IRVINE R,�,NCH WATER DISTRICm f CASE NUMBER 227083
a California Water District,
Defendant(s): v= .TROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA, etc
et al.
REQUEST FOR DISMISSAL
TYPE OF ACTION
L-I, Personal Injury, Property Damage and Wrongful Death:
❑ Motor Vehicle ® Other
F-11 Domestic Relations El Eminent Domain
[-] Other: (specify) .....S.ee.. be.lour .................
TO THE CLERK: Please dismiss this action as follows: (Check applicable boxes.)
1. ?With prejudice [] Without prejudice
2. M. Entire action [] Complaint only ❑ Petition only E;< Cross- complaint only
Z] Other: (Specify)-
• Cross complaint for Indemnity filed by MUNICIPAL WATER DISTRICT
OF ORANGE COUNTY. Se
RUSSELL G. BEHRENS
A Professional Corporation
Dated: ............................................ . By
'If dismissal requested is of specified y, Cross - Complainant, : 1 1 AL
q p parties only, specified Attom s) for.......... .........
causes of action only or of specified cross - complaints only , so WATEY DISTRICT OF ORANGE COUNNTY
state and identify the parties, causes of action or cross - complaints
to be dismissed.
(Type or print attorney(s) namtl
C
TO THE CLERK: Consent to the above dismissal is hereby given."
Dated
"When a cross- comolaint (or Response (Marriage) seeking affirma-
tive relief) is an file, the attorney(s) for the cross- complainant
(respondent) must sign this consent when required by CCP
581(1), (2) or (5).
Attorney(s) for .............. ...............................
(Type or print attorney(s) narri
(To be completed by clerk)
• Dismissal entered as requested on ................. ...............................
• Dismissal entered on ...... ............................... as to only .................. ...............................
❑ Dismissal not entered as requested for the following reason(s), and attorney(s) notified on .... ...............................
Dated................ ...............................
Clerk
Deputy
Form Adopted by Rule 982 of CCP 581, etc.;
The Judicial Council at California REQUEST FOR DISMISSAL Ca:. Flutes of Cou. ,
-- Revised Ff•g ^•we Joly 1, 1972 Rr, :e 1233
• . EXHI °IT E -3
RUTAN & TUCKER
H. RODGHR1. No. of Anomey(0
HOMER L. McCORMICK
•ARTHUR G. KIDM -AN
ROBERT S. BOWER
401 Civic Center Drive West
Santa Ana, California 92702
(714) 835 -2200
COSTA MESA COUNTY WATER
Attorney(s) for. DIST.RICT . ..... .
Space aew+ for Uae of court clerk Only
... , 1 .
SUPERIOR • , . COURT OF CALIFORNIA, COUNTY OF...... O��i9GE , , . , ,
(SUPERIOR, MUNICIPAL, or JUSTICE)
700 Civic Center Drive West, Santa Ana, California
............................. ...............................
(Name of Municipal or Justice Court District or of branch court, it any)
Ptaintlff(sl: IRVINE RANCH WATER DISTRICT, I CASE NUMBER 22702°,
a California Water District,
oetendant(s); METROPOLITAN WATER DISTRICT,
OF SOUTHERN CALIFORNIA, etc.
et al..
REQUEST FOR DISMISSAL
TYPE OF ACTION
Personal Injury, Property Damage and Wrongful Death:
❑ Motor vehicle 74-1 Other
Q Domestic Relations ('J Eminent Domain
[j other: (Specify) .... See below.
...................
TO THE CLERK: Please dismiss this action as follows: (Check applicable boxes.)
1. Z�cWith prejudice ❑ Without prejudice
2. `n, Entire action Complaint only (] Petition only Cross - complaint only
C] Other: (Specify)'
• Cross - Complaint for Breach of Contract, Breach of Covenant, Fraud,
Negligent Misrepresentat'on, Rescission and Restitution, Money
Had and Received, Constructive Eviction, Negligence, Inverse
Condemnation and Declaratory Relief. (Filed by COSTA MESA COUNTY
WATER DISTRICT) RUTAN 5 TUCKER
Dated: ......... _ ...
....... ............................... By
— dross- ZomTnan w SSA
'If dismissal requested is of specified parties only, of specified Attorney(s) for ........
causes of action only or of specified cross - complaints only, 5o COUNTYYdA'itER •bISTRICT
state and identify the parties, causes of action or cross - complaints _
to be dismissed.
(Type or print attorney(s) name(s))
TO THE CLERK: Consent to the above dismissal is hereby given,"
Dated
"When a cross - complaint (or Response (Marriage) seeking affirma-
tive relief) is on fife, the attorney(s) for the crass - complainant
(respondent) must sign this consent when required by CCP
581(1), (2) or (5).
Attorney(s) for .......... :..................................
(Type or print attorneys) name(s))
(To be compieted by clerk)
❑ Dismissal entered as requested on .................................................... ...............................
❑ Dismissal entered on ........ .............................as to only .................. ...............................
❑ Dismissal not entered as requested for the following reason(s), and attofney(s) notified on .... ..............................
•
Dated..............................
J
Form Adopted by Rule 982 of
Z The Judicial Council of California
Revised Effective July 1, 1972
6a
By
REQUEST FOR DISMISSAL
clerk
Deputy
CCP 581, etc,;
Cal. Rules of Court,
Rule 1233
RUTAN & TUCKER
R. RbOGER HOWELL
Name, Aecress end Telephone N Atorney(s)
HOMER L. MCCOPJKICK
ARTHUR G. KIDLNAN
ROBERT S. BOWER
l01 Civic Center Drive West
anta Ana, California 92702
(714) 835 -2200
ATTORNEY BAR
EXHIBIT E -4
_
....... .... I ............................
Attorney(s) tar .COST- MESA COUN ^X. WA'X'ER,,,_„
T
rRTrT
space for use of Court Ger% only
... StiPE IOR.. , . , . COURT OF CALIFORNIA, COUNTY OF... QR NrE.......
(SUPERIOR, MUNICIPAL, or JUSTICE)
(Name of Municipal or Justice Court District or of branch court, if any)
Pialntiff(s): IRVINE RANCH WATER DISTRICT, I CASE NUMBER 227083
a California Water District,
Defendant(s): METROPOLITAN WATER DISTRICT
OF SOUTHER CALIFOPaNIA, etc.,
et al.
REQUEST FOR DISMISSAL
TYPE OF ACTION
0 Personal Injury, Property Damage and Wrongful Death:
❑ Motor Vehicle ® Other
❑ Domestic Relations [1 Eminent Domain
❑ Other: (Specify) ... S.ie e . j e. IOW ...................
TO THE CLERK: Please dismiss this action as follows: (Check applicable boxes.)
1. T With prejudice ❑ Without prejudice
2. ❑ Entire action ❑ Complaint only ❑ Petition only Cross - complaint only
Other: (Specify)'
• Cross Complaint for Indemnity and Declaratory Relief (filed by
JAMES M. MONTGOMERY, COP ^.LILTING ENGINEERS, INC.)
WILSON, ELSER, EDELMAN & DICRER
Dated: ...............................................
'If dismissal requested is of specified Cress ..Comp ainant,
p parties only, of specified Attorney(5) for ............... ... .. ...... ..... .... ..
causes of action only or of specified cross - complaints only, so MONTGOMERY, CONSULTING ENGINEERS, INC.
state and identify the parties, causes of action or cross -complaints
to be dismissed.
(Type or print attorney(s) name(s))
TO THE CLERK: Consent to the above dismissal is hereby given."
Dated
"When a cross - complaint (or Response (Marriage) seeking affirma-
tive rellet) is on file, the attorney(s) for the cross- complainant
(respondent) must sign this consent when required by CCP
581(1), (2) or (5).
Attorney( s)f or............ .. ...............................
(Type or print attorney(s) name(s))
(To be completed by clerk)
• Dismissal entered as requested on .................................................... ...............................
• Dismissal entered on ........ ...:.........................as to only .................. ...............................
t] Dismissal not entered as requested for the following reason(s), and attorney(s) notified on .... ...............................
P
N
e ' Date' ................. .............
N... ............
Clerk
Deputy
Form Adopted by Rule 982 of CCP 581, etc.;
CThe Judicial Council of California REQUEST FOR DISMISSAL Cal. Rules of Court,
Revised Effective July 1, 1972 Rule 1233
EXHIBIT E -5
RUTAN & TUCKER
Name, r_dress and Telephone N Attorney(s)
H. RODGER HOWELL
HOMER L. MCCORMICK
ARTHUR G. KIDMAN
VOBERT S. BOWER
X401 Civic Canter Drive West
Santa Ana, California 92702
744iaZ ,5 L)01 ..................... for CQSTA,MESA,COUNT , W1�`?'Eij.DZ$ �RiCT
soacala for Use of Court Clerk Only
SUPER IOR......... COURT OF CALIFORNIA, COUNTY OF... Q.R;N.GZ.........
(SUPERIOR, MUNICIPAL, or JUSTICE)
700 Civic Center Drive West, Santa Ana, California,.,.
.....................I.... .. ...............I...........
(Name at Municipal or Justice Court District or of branch court, If any)
Plaintiff(s): IRVI`7E RANCH WATER DISTRICT I CASE NUMBER 227083
a California Water District
Defendant(s):METROPOLITAN WATER, DISTRICT
OF SOUTHERN CALIFORNIA, etc.
et al.
REQUEST FOR DISMISSAL
TYPE OF ACTION
❑ Personal Injury, Property Damage and Wrongful Death:
F1 Motor Vehicle :9 Other
Domestic Relations .��....�� Eminent Domain
�] Other: (specify) .see, b21ow ....................
TO THE CLERK: Please dismiss this action as follows: (Check applicable boxes.)
1. :g With prejudice j] Without prejudice
2. (] Entire action Complaint only Petition only TX Cross - complaint only
a Other: (Specify)'
•Cross complaint for Indemnity, Declaratory Relief, Breach of Contract,
Negligence, and Inverse Condemnation (filed by THE METROPOLITAN WATER
DISTRICT OF SOUTHERN CALIFGRNIA)
Dated
'If dismissal requested is of specified parties only, of specified
causes of action only or of specified cross - complaints only, so
state and identity the parties, causes of action or cross - complaints
to be dismissed.
ROBERT P. WILL, General Counsel
By:
CT055 Comp dlnant, 1.
Attorney(s) for.
METROPOLITAN WATER DISTRICT OF SO. CAL.
TO THE CLERK: Consent to the above dismissal is hereby given."
Dated
"When a cross - complaint (or Response (Marriage) seeking affirms.
five relief) is on file, the attorney($) for the cross- complainant
(respondent) must sign this consent when required by CCP
581(1), (2) or (5),
(Type or print attorneys) name(s))
Attorney(s) for ............... ...............................
(Type or print attorney(s) name(s))
(To be completed by clerk)
❑ Dismissal entered as requested on ................................ ...............................
....................
Dismissal entered on ....... ............................... as to only .................. ...............................
V Dismissal not entered as requested for the following reason(s), and attorney(s) notified on .... ...............................
O,
Clark
m
' Dated ................ ............................... By ,Deputy
N
0
Form Adopted by Rule 982 of CCP 581, etc.;
The Judicial Council of California REQUEST FOR DISMISSAL Cal. Rules of Court,
Revised Effective July 1, 1972 Rule 1233
RUTA,t & TUCRER
H. RODG'RP. k Fy'be]yeiephcrie No. Attorneylkl
HOMER L. MCCORMICX
ARTHUR G. KIDMA`I
•ROBERT S. BOWER
401 Civic Center Drive West
Santa Ara, California 92702
(714) 835 -2200
EXHIBIT E -6
Space 00. for Uae al Court Clerk only
COSTA MESA COUNTY WATER
Attorney(s) for ... DISTRICT ................. I......
Plaintiff(s):
SJ?ERIOR.... , .... COURT OF CALIFORNIA, COUNTY OF..... GRANGE .. , , _ .
(SUPERIOR, MUNICIPAL, or JUSTICE)
700 Civic Center Drive West, Santa Ana, California
................................... I........I ....................
.
(Name of Municipal or Justice Court District or of branch court, if any)
IRVINE RANCH WATER DISTRICTI CASE NUMBER 227083
,
a California Water District,
Defendant(s): METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA, etc.
et al.
REQUEST FOR DISMISSAL
TYPE OF ACTION
❑ Personal Injury, Property Damage and Wrongful Death:
Cj Motor Vehicle u Other
❑ Domestic Relations Eminent Domain
❑ Other: (Specify) ..... See ...e_!ow.......... I......
TO THE CLERK: Please dismiss this action as follows: (Check applicable boxes.)
1. Q With prejudice ❑ Without prejudice
2. C] Entire action ❑ Complaint only ❑ Petition only ® Cross - complaint only
5 Other: (Specify)'
• Cross - Complaint for Indemnity; Declaratory Relief; Breach of
Contract, Damages; Unjust. Enrichment (filed by COASTAL MUNICIPAL
WATER DISTRICT)
Dated
'If dismissal requested is of specified parties only, of specified
causes df action drily or of specified cross- complaints only, sa
state and identity the parties, causes of action or cross - complaints
to be dismissed.
RIMEL AND HELSING
By:
Cross— OmD ainanz,
Attorne (s�> for .................. ..
ML'N�CIPAL rrJATER DISTRI CT � ..
(Type or print attorney(s) narit
TO THE CLERK: Consent to the above dismissal is hereby given.**
Dated: ............................................
"When a cross - complaint (or Response (Marriage) seeking affirma- Attorney(s) for ............... ... ...........................
tive relief) is on tile, the anomey(s) for the cross- complainant
(respondent) must sign this consent when required by CCP
581(1), (2) or (5).
(Type or print attorneys) name(s))
(To be completed by clerk)
❑ Dismissal entered as requested on ................................ ...............................
........................................
❑ Dismissal entered on ........ .............................as to only
.................. ...............................
❑ Dismissal not entered as requested for the following reason(s), and attorneys) notified on .... ...............................
• . Clerk
Dated................ ...............................
a
Deputy
s Form Adopted by Rule 982 of CCP 581, etc,;
The Judicial Council of California REQUEST FOR DISMISSAL Cal. Rules of Court,
Revised Effective July 1, 1972 Rule 123'
i •
0 RESOLUTION NO.
RESOLUTION OF
OF
WHEREAS, the of
(governing body)
has reviewed the documents
(entity)
involved in settling various disputes related to the San
Joaquin Reservoir;
NOW, THEREFORE, the
(governing body)
of DOES HEREBY RESOLVE, DETERMINE
(entity)
AND ORDER as follows:
Section 1. That _
(name)
• ___ acting on behalf of
(title)
is hereby authorized to:
(entity)
A. Execute the Compromise Settlement and Mutual
Release Agreement. (all parties)
B. Execute the San Joaquin Reservoir Trust Agreement.
(all parties except Montgomery, Wahler, Coastal and
MWDOC)
Section 2. That the
(title)
of _ is authorized to deposit
(entity)
with a check in the
name of counsel
amount of $ payable to the Irvine
Exhibit "F"
Page 1
• Ranch Water District for the initial Reservoir purchase
payment. (Mesa and Huntington Beach only)
•
or for IRWD
That the of the
Irvine Ranch Water District is authorized to deposit with
its counsel, Alexander Bowie, checks in the amounts of
$39,254.13 and $143,891.12 payable respectively to the
Laguna Beach County Water District and South Coast County
Water District.
Section 3. That
(name)
is hereby authorized to:
e
A. Accept a ;.ed from the Irvine Ranch Water District
on behalf of and its
(entity)
evidencing an ownership
(governing b(3dy)
interest of % of the San Joaquin
Reservoir. (all except Montgomery, Wahler, Coastal and
MWDOC).
B. Execute a deed on behalf of
(entity)
transferring its percentage ownership interest in
the Reservoir to the Metropolitan Water District of
Southern California, to be held in trust subject to
the San Joaquin Reservoir Trust Agreement. (same
parties as A.)
Exhibit "F"
Page 2
U
0 0
or for Metropolitan
C. Accept deeds from the Reservoir owners, to be held
in trust subject to the San Joaquin Reservoir Trust
Agreement.
D. Execute a dismissal with prejudice of
's complaint (cross - complaint) entitled
Orange County
Superior Court Case No. 227083. (IRWD, MESA, Metro-
politan, Coastal, Montgomery and MWDOC only)
ADOPTED, SIGNED AND APPROVED this day of
. 1980.
Officer
Entity
Officer
Entity
Certification page to be attached
Exhibit "F"
Page 3