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HomeMy WebLinkAboutThe Irvine Company - 1980-05-27 REQUEST FOR CITY COUNCIL ACTION Date November 2, 1992 Submitted to: honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Louis F. Sandoval, Public Works Director-7k Subject: Resolution Urging Metropolitan Water District to Resolve Operational Problems With San Joaquin Reservoir Consistent with Council Policy? [x] Yes [ ) New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,�llternati�e Aron;/�itachments: �l ' ®- A Statement of Issueyy_� Q CIT CY LFAk In conjunction with the other owners of the San Joaquin Reservoir, the City has been asked to urge the Metropolitan Water District to expeditiously resolve the reservoir's serious operational problems. Recommendation Pass and adopt Resolution No. 8 . Analysis The San Joaquin-Res.er_v_oir (SJR) is a 3, 050 acre feet (994 million gallons) treated water reservoir located in Newport Beach. It is owned jointly by the City of Huntington Beach, City of Newport Beach, Irvine Ranch ,--Water District, Mesa Consolidated Water District, Laguna Beach County Water District, South Coast Water District, and the Metropolitan Water District. It supplies water for approximately 400,000 consumers, including Huntington Beach. The water quality often does not meet certain health standards and the reservoir is closed frequently, disrupting the reliability of the water supply. A major capital improvement is necessary for the reservoir to continue as a usable water source. On February 20, 1990, the City, as a member of the San Joaquin Reservoir Advisory Committee, adopted a Memorandum of Understanding (MOU) with the Metropolitan Water District (MWD) to provide funding for the necessary improvements at a cost of $2 .28. million (HB share of $17 million total cost) . Through subsequent negotiations the funding method was modified to allow the City to,.transfer capacity rights to MWD in exchange for financing the improvements. The agreement was approved by Council on June 5, 1991. Request for Council Action November 2, 1992 Page 2 The Metropolitan Water District (MWD) is responsible for the operation of the facility and compliance with established water quality standards. They are the lead agency in the improvement project. Public hearings on the draft environmental impact report are being held to address the proposed alternatives to improve the water quality in the reservoir. This draft EIR will be considered by the MWD Board of Directors at its November 10 meeting. The other owners are in support of the improvement project and also are urging MWD to move ahead. Although MWD is doing the right things, the owners feel that MWD is taking much more time to complete the process than is deemed necessary. Funding Source None required. Initial financing has been provided through the exchange of certain capacity rights that should have no negative impact on the City's actual water allocations. Alternative Actions 1. Do not approve the resolution, and direct staff on how to proceed. By doing so, the City would not be supporting the agreement that was made in June, 1991, nor the other owners. 2 . Do not approve the resolution, and consider relinquishing the City's participation in both the improvement project and the ownership of the reservoir. This alternative would require the replacement of the SJR capacity with a local seventy two million gallon reservoir to be constructed by the City at a cost of approximately $75 million. Attachments Resolution No. of the City of Huntington Beach urging the Metropolitan Water District of Southern California to Resolve Problems Associated with the San Joaquin Reservoir. LFS:JRR/LD RESOLUTION NO. 6438 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH URGING THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA TO RESOLVE PROBLEMS ASSOCIATED WITH THE SAN JOAQUIN RESERVOIR WHEREAS, the water consumers served by the City of Huntington Beach depend on high quality, reliable water supply from the Metropolitan Water District of Southern California to support the environmental and economic vitality of the area; and Many water users in Huntington Beach are served by the San Joaquin Reservoir; and The San Joaquin Reservoir stores treated water which is delivered to approximately 400, 000 consumers in Coastal Orange County, including those who reside and do business in Huntington Beach; and The City of Huntington Beach also depends on the San Joaquin Reservoir for providing its citizens with approximately 30 days emergency storage; and The San Joaquin Reservoir must now be frequently closed due to continuing water quality problems; and These closures have a significant impact on the overall reliability and quality of the Orange County Coastal Community' s water supply; and The San Joaquin Reservoir ' s current operational constraints will make it impossible for its operators to meet future federal and state water quality standards which are expected to be more stringent; and 9/29/92 : 357 : sg -1- The residential, business and environmental users of water within the service area of the San Joaquin Reservoir demand a reliable, high-quality water supply, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows : 1 . The Metropolitan Water District of Southern California is hereby urged to expeditiously resolve the serious operational problems associated with the San Joaquin Reservoir in a manner which best serves the needs of all Orange County Coastal Community consumers . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day Of November 1992.. Mayor ATTEST: APPROVED AS TO FORM: 71 City Clerk 6�7C11 City Attorney REVIEWED AND APPROVED: I ITIATED AN PP VED: City Administraor Direct r o t f Public Works . 9/29/92 :357 : sg -2- Res. No. 6438 STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 2nd day of November - , 19 92 by .the following vote: AYES: Councilmembers: 12gbitai=lle, Moulton-Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: Councilmembers: None ABSENT: Councilmembers: None City Clerk and ex-officio Perk of the City Council of the City of Huntington Beach, California REQUEST FOR CITY COUNCIL ACTION Date June 3 , 1991 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City AdministratorvA Prepared by: Louis F. Sandoval, Director of Public Works imr; Subject: SAN JOAQUIN RESERVOIR MEMORANDUM OF UNDERSTANDING Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Statement of Issue: •;f<` _,, --;A4C1'fl _,1 Rl� The agencies owning the San Joaquin Reservoir (SJR) , of which the City is one, have agreed through a Memorandum of Understanding to provide funding for the necessary water quality improvements to the reservoir. An agreement must now be approved for the project to continue. Recommendations: Authorize the Mayor and City Clerk to execute the attached agreements relating to the San Joaquin Reservoir. Analysis: The San Joaquin Reservoir (SJR) is a vital part of the City° s water supply. SJR is a 3 , 050 acre foot, open reservoir located in the Big Canyon area of Newport Beach. It is owned in various percentages by Irvine Ranch Water District, Mesa Consolidated Water District, South Coast Water District, Metropolitan Water District, The Irvine Company, and the -cities of Newport Beach, Laguna Beach, and Huntington Beach. The San Joaquin Reservoir Advisory Committee, the presiding body of this consortium, is comprised of representatives from each of these agencies, all of whom have agreed upon and, with the exception of Huntington Beach, have approved the attached agreement. In order to meet federal and state water quality requirements, the reservoir must be modified. The most cost effective method is to cover the reservoir. Metropolitan Water District (MWD) , as the operator of SJR and the owner of all water in the reservoir, is the lead agency in this project. r PIO 5/85 San Joaquin Reservoir MOU June 3, 1991 The total cost for covering the reservoir and making certain circulation improvements is estimated at $17, 000, 000. All of the owners considered the options of selling fifty percent (50%) of their capacity rights to MWD at an appropriate value, or retaining their capacity rights and paying the related percentage of the improvement costs. Initially, in a Memorandum of Understanding approved by the City Council on February 20, 1990, the City decided to retain its current 13 . 11% (400 acre feet) , at a cost of $2 , 228,700, which would be due July 1, 1991. Since that time, several things have occurred: The actual agreement was written; concepts regarding the operation of the reservoir were re-evaluated; and the EIR for the project was adopted by MWD. These have caused the City staff to conclude that the conclusions set forth in the MOU of February 20, 1990, were no longer appropriate based on this new information. Staff now believes that the City should finance its share of the necessary improvements to the reservoir by selling a portion (178 acre-feet) of its existing 400 acre-feet of ownership to MWD at the rate of $6, 996.98 per acre foot, or $1,245, 500. The reasons for this are: 1) The City will receive the same basic benefits from the reservoir as it does now. 2) The City's share of the annual operations and maintenance costs will also be reduced 45% ($45, 000 per year) . 3) A payment by the City of $2 , 228,700 as stipulated in the MOU of February 20, 1990, will not be required. 4) The City owns title only to the reservoir structure and not the water stored in the reservoir. MWD owns the water in the reservoir and thus, as Trustee and Operator of the reservoir, controls the outflow an agency may receive in accordance with existing agreements. This has been the case since the City entered into the 1980 Trust Agreement for SJR. Funding Source: Not Applicable. Alternative Actions: 1) Do not approve the agreement and direct staff on how to proceed. 2) Revise the agreement. This will require renegotiating with all members of the SJR Advisory Committee. The certified EIR Page 2 San Joaquin Reservoir MOU June 3, 1991 for the project will expire. This will require formulation and adoption of a new, controversial EIR. 3) Release all interest in SJR, and direct funds to an equivalent capacity (72, 338, 922 million gallons) City owned and operated reservoir at an estimated capital construction cost of $28, 000, 000. LFS:JRR:bb Page 3 ! TO BILLIE KAYE BAZAL FROM DA ` J] FOR YOUR INFO [ ] NOTE AND RETURN �[( ] PLEASE HANDLE [ ] NOTE AND FILE [ ] PLEASE ANSWER [ ] NOTE AND CIRCULATE [ .] PLEASE SEE ME [ ] PREPARE FOR MY SIGNATURE [ ] INITIAL AND RETURN [ ] FOR YOUR REVIEW AND a MiENTS [ ] PER YOUR REQUEST [ ] FOR YOUR SIGNATURE COMMENTS: all, �CC, , f IM M RAM11 NTF.R NNW III11111 RAN H WITEI1 DISIRICl P.O.Box 6025. 18802 Bardeen Ave..Irvine,CA92716-6025.(714)476-7500 July 29 , 1991 RECEIVED DEPT. OF PUBLIC WORKS AUG 01 1991 ` WATER DIVISION HUNTINGTON BEACH, Cr • To: San Joaquin Reservoir Advisory Committee SUBJECT: SALE OF CAPACITY AND SECOND AMENDATORY AGREEMENT TO THE SAN JOAQUIN RESERVOIR G Enclosed for your files is an executed copy of the Sale of Capacity Agreement and Second Amenda'=ory Agreement for the San Joaquin Reservoir. If you have any questions regarding this matter, please feel free to contact me. Sinc re y, d Ron 1 ur Gen a Manager Enclosure i I Huntington Beach 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 the City of Huntington Beach (hereinafter referred to as "Huntington 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. Metropolitan and Huntington Beach desire to implement certain of their respective obligations toward each other as provided for in the MOU. OPERATIVE AGREEMENTS Section 1 Huntington Beach permanently transfers to Metropolitan 178 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 400 acre-feet to 222 acre-feet. Section 2 As compensation for said transfer of 178 acre-feet of capacity, Huntington Beach shall be entitled to $1,245,500 (rounded to nearest hundredth) computed by multiplying 178 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, Huntington 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, t Huntington Beach is responsible for $1, 245, 500 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 ptLrty. 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 execute& by its duly authorized officials on the date hereinabove first written. The Metropolitan Water District of Southern California By Approved as to Form: Fred Vendig Gene Couns By Jarlath Oley nior Deputy General Cou el ATTEST: CI HUNTINGTON BEACH City Clerk b/S/91 By Mayor REVIEWED:.-AND APPROVED: APPROVED AS TO FORM: Cit Administrator CJity Attorney SECOND AMENDATORY AGREEMENT TO SAN JOAQUIN RESERVOIR TRUST AGREEMENT THIS SECOND AMENDATORY AGREEMENT, TO THE SAN JOAOUIN RESERVOIR TRUST AGREEMENT effective July 1, 1980, hereinafter referred to as "Second Amendment," is made and entered into as of the first day of October, 1990 , by and between IRVINE RANCH WATER DISTRICT (B'IRWD" 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 (11HUNTINGTON 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 seq. ) and the County Water District Law (Water Code 30000 et sect. ) 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 seg. ) ; SOUTH COAST WATER DISTRICT (tOSOUTH COAST" herein) , organized and existing pursuant to the County Water District Law of the State of California, (Water Code 6 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. 1 RECITAL 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. OPERATIVE AGREEMENTS SECTION 1 Section ld 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 is mot changed. 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% 2 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 j (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 500 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 deteiftnined 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. 3 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) , 5-e(-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 Sa. 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 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. 4 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 1000 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 J 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 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. 5 Table II Ownership Interest Future Debt Name of Agency Subject to Future Debt Percentage Irvine Ranch Water District 1,411 47. 84,% Mesa Consolidated Water District 583 19.76% Huntington Beach 400 13 .56% Metropolitan Water* District 300 10. 17% .Laguna Beach County Water, District 156 5. 29% South Coast County Water District 50 1. 69% Newport Beach m 50 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 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 6 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. Amendment 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 7 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 Emergency * Regulatory Storage Agency Storage Capacity In Reserve IRWD 261 AF 525 AF Mesa Consolidated 107 AF 217 AF City of Huntington Beach 73 AF 149 AF Metropolitan 1, 555 AF 0 AF Laguna Beach 29 AF 58 AF South Coast 9 AF 19 AF Newport Beach 16 AF 32 AF Total 2, 050 AF 1, 000 AF * Above elevation 423 ; 67. 21% 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. 8 (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, 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 cir8umstances, 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. 9 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 f 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. 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 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. f. 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 that 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. m (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 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 plojects 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 i 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 eac�i 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. S$CTION 10 Section 10d of the Trust Agreement is amended to read as follows: d. Notices All written notices thtLt 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 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 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Approved as to form: By B FRED VENDIG . Gen al Co ns l By By Jarlath Oley Senior Deputy Gene 1 Couesel IRVINE RANCH WATER DISTRICT By By APPROVED AS TO FORMot � CIT;q..Qk5�HUNTINGT�O ,EACH GAIL HUTTON CITY ATT E By Mayor By Dcputy C y Attorn BY City Clerk CITY OF NEWPORT BEACH By By MESA CONSOLIDATED WATER DISTRICT By By 17 LAGUNA BEACH COUNTY WATER DISTRICT By By SOUTH COAST WATER DISTRICT By By THE IRVINE COMPANY By By 18 EXHIBIT F MAINTENANCE COST -SHARING OBLIGATION YEARS IRWD MESA H/B L/B S/C N/B TOTAL MWO TOTAL LOCAL OWNERS A % A % A % A % A % A % A % A % A % 1990/91 1411 47.26 583 19.52 400 13.40 156 5.22 50 1 .67 86 2 .88 2686 89.95 300 10 .05 2986*100 1991 /92 1367 44 .84 565 18.53 386 12.63 151 4 .95 48 1 .57 83 2 .73 2600 85 .25 450**14 .75 3050 100 1992/93 1289 42.26 532 17.44 364 11 .93 142 4 .66 45 1 .48 78 2 .55 2450 80.33 600 19.67 3050 100 1993/94 1210 39.68 500 16.39 342 11 . 21 133 4 .36 42 1 .38 73 2.39 2300 75.41 750 24. 59 3050 100 1994/95 1131 37. 08 467 15 .31 320 10. 49 125 4. 10 39 1 .28 68 2. 23 2150 70.49 900 29. 51 3050 100 1995/96 1052 34 . 50 434 14 .23 298 9.75 116 3.80 37 1 .22 63 2. 07 2000 65 . 57 1050 34.43 3050 100 1996/97 972 31 .87 402 13. 18 275 9.02 108 3.54 35 1 . 15 58 1 .90 1850 60.66 1200 39.34 3050 100 i 1997/98 894 29.31 370 12. 13 252 8.26 99 3.25 32 1 .05 53 1 .74 1700 55 .74 1350 44.26 3050 100 1998/99 815 26.72 , 33.7 11 .05 230 7.54 90 2.95 29 .95 49 1 .61 1550 50.82 1500 49. 18 3050 100 1999/fwd 786 25 .77 324 10.63 222 7.28 87 2. 85 28 .92 48 1 .57 1495 49.02 1555 50 .98 3050 100 Legend: IRWD = Irvine Ranch Water District MESA = Mesa Consolidated Water District H/B = Huntington Beach, City of L/B = Laguna Beach County Water District S/C = South Coast County Water District 4 N/B = Newport Beach , City .of MWD = Metropolitan Water, District of Southern California *Under the Agreement preceding the second amendment , the Irvine Company ( T . I .C. ) had 64 acre- feet of capacity and was not obiigated for any operation and maintenance (0&M) costs . Therefore, the total I acre- feet of capacity taken into consideration in calculating the percentage for 0&M costs in 1990/91 was 2, 986 acre- feet , Total acre- feet of capacity in the reservoir for operational use is 3, 050 acre- feet . i **Under the second amendment , Metropolitan purchased a total of 150 acre- feet from the local owners and `! T . I . C. Sixty- four acre- feet of the 150 acre- feet of capacity was purchased by MUD from T . I . C. MUD ? assumed all associated voting rights plus maintenance cost obligation including for the 64 acre- feet of T . I . C. capacity which was not previously subjected to maintenance cost sharing. I EXIIIBII G CAPACITY UIME RSl I I P Capacity Ownership Capacity Transferred Capacity Transfer Capacity Ownership Prior to 7/l/91 to I•let for Cap. Imp. to Met for Casio Out After 7/1/91 Acre Ft t Acre Ft Payment Acre Ft PaymollL_ Acre Ft Z Irvine Rancn Water District 1,411 46.26 625 $4.373,100 N/A N/A 786 25.17 I.1esa Consolidated Water District 583 19.12 259 1 ,812,200 N/A N/A 324 10.63 City of Huntington Beach 400 13.11 178 1 ,245,500 N/A N/A 222 7.28 Metropolitan Water District of Southern California 300 9.84 N/A -U- N/A N/A 1,555 50.98 Lak3una Beach County Water District 156 5.11 69 482,800 N/A N/A 87 2.85 South Coast Water District 50 1 .64 22 153,900 N/A N/A 28 .92 City of Newport Beach 8G 2.82 38 9 265,000 N/A N/A 48 1.57 The Irvine Company 64 2.10 -0- -0- 64 $ 424,900 -0- '00 Total 3& 100.00 1 191 18,333,400 04 1 424,00 3 050 100.00 I•lotes (1) The Irvine Company sells 100% of its capacity for cash out; each other Local Owner transfers 44.3% of its capacity to Metropolitan in lieu of a capital improvement payment. (2) The Local Owners capital improvement cost totals $8,333,400, which is 49.02% of the capital improvement cost, and is allocated to the Local Owners based upon their capacity ownership after the transfer date. The price per acre foot for purposes of the capital improvement project is $6,996.98 (t8,333,400 divided by 1 ,191 acre feet) , not $6,640 as stated in the MOU. 1 (3) The price per acre foot for the cash out participant is $6,640 as established in the HOU. i 0846D EXHIBIT H SAN JOAQUIN RESERVOIR - COVER Alternative D - Influent Pipeline L•avout 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. Storacre Canac ity Potable water reservoir 3 , 000 AF Cover Size Gross Surface area 2 , 610, 000 ft2 Thickness 45 Mils Anchor curb elevation E1. 471 Chafer Recruirements Width, along side slopes average--53 feet Bottom elevation E1. 4_60 Chafer area 463 , 000 3=t2 Thickness 36 Mils Added influent Pirina Material RCP/Gasketed Joints Inside diameter 60 inches Length 3, 800 feet Estimated Costs 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 EXHIBIT I SAN JOA UIN 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%) 261 525 (52 . 54%) Mesa 583 (19 . 12%) 288 j 295 324 (10. 63%) ---107 217 (21. 71%) H.B. 400 (13 . 11%) 198 202 222 ( 7 .28%) 73 149 (14 . 86%) MWD 300 ( 9 . 84%) 148 152 0 0 0 0 0 L. B. 156 ( 5. 11%) 77 79 87 ( 2. 85%) 29 58 (5 . 81%) S.C. 50 ( 1. 64%) 25 25 28 ( . 92%) 9 19 (1. 84%) N.B. 86 ( 2. 82%) 42 44 48 ( 1.57%) 16 32 (3 . 24%) T. I. C. 64 ( 2. 10%} 32 32 0 0 0 0 0 TOTAL 3050 (100. 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. a iPD W.ATEi� DIVISION r , IJ`�0 [WIN 1; 1 CITY OF ` t`` `t ` ` ` HUNTINGTON aE"ACH 11 . 11 1 Ii.ITEH DISTRICT P.O. Box D-I • 18802 Bardeen Ave. Irvine, CA 92716-6025 (714)476-7500 March 12, 1990 Mr. Carl Boronkay Metropolitan Water District of Southern California 1111 Sunset Boulevard Los Angeles, CA 90054 Dear Mr. Boronkay: 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 a 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, :l Ronald E. Young Chairman, San Joaquin Res rvoir Advisory Committee REY/DF:vjw 0772D i 1 , 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 , ' JCA/1651 7/17/89 MEMORANDUM 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 , 332 , 800. 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 , 332 , 8.00 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 -1- criteria whereby Metropolitan will operate the Reservoir and the relationship of the utilization of Metropolitan's 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 , 332 , 800 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 to 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 2 . 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 -2- 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 continue 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. Section 3 . Contribution of Local Owners to Capital 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. Section 4. Debt Service Responsibilities Unchanged. Notwithstanding the above-described transfer, the Local Owners (except for The Irvine Company) agree to continue to pay their proportionate shares of the debt service under -3- JCA/1651 02/22/90 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. Section 7. Understanding Relative to Operation. As required by the Trust Agreement, Metropolitan will operate the reservoir continuously within the "Mode C" drawdown criteria established by a report prepared by James M. Montgomery Consulting Engineers in 1977 (the "Operating Criteria" as defined in the Trust Agreement) . Such "Mode C11 includes criteria for peak month, peak week and peak day withdrawals. It is the intent of the Local Owners that the -4- JCA/1651 02/22/90 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 By By CITY OF HUNTINGTON BEACH By By -5- JCA/1651 02/22/90 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 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. resident Lcgal Counsel !Rt',D�., Sacre,ary CITY OF HUNTINGTON BEACH By By -5- 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 By By APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH By D �`y BY �a, City Attorney(�c&,1*1 � ATTEST: By By _7 msGw City Clerk -5- CITY OF NEWPORT BEACH By _b By •City Clerk 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- CITY OF NEWPORT BEACH By By MESA CONSOLIDATED WATER DISTRICT By (�2- �oj (�,Av Pr ti 6nt of the Board BY UL Allyn District Secretary LAGUNA BEACH COUNTY WATER DISTRICT By By SOUTH COAST WATER DISTRICT By By THE IRVINE COMPANY By By -6- 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- CITY OF NEWPORT BEACH By By MESA CONSOLIDATED WATER DISTRICT By By LAGUNA BEACH COUNTY WATER DISTRICT By By SOUTH COAST WA ER DISTRICT B By THE IRVZE COMPANY By By -6- 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 IRVI COMPANY By Gar H. H nt, n or ice Pr sident By Peter Ze ghau�ssi ant Secretar ��, p —6— EXHIBIT A 0771D PROPOSED CAPACITY OWNERSIP FOR CAPITAL I14PROVEMENTS OF SAN JOAQUIN RESERVOIR Capacity Ownership Capacity Sale Without Capital Net Cash Capacity Ownership Prior to 7/1/91 Huntington Beach Improvement Rec^ived After 7/1/91 Acre Ft % Acre Ft $'s rec'd. Pent (Paid) Acre Ft % Irvine Ranch Water District 1,411 46.26 745 $ 4,946,900 $ 3,712,800 $ 1,234,100 666 21.84 Mesa Consolidated Water District 583 19.12 307 2,033,500 1,533,500 500,000 276 9.05 City of Huntington Beach(1) 400 13.11 -0- -0- 2,228,700 (2,228,700) 400 13.11 Metropolitan Water District of Southern California 300 9.84 N/A N/A 8,666,600 N/A 1,555 50.98 Laguna Beach County Water District 156 5.11 71 471,500 474,300 (2,700) 85 2.79 South Coast Water District 50 1.64 25 166,000 139,400 26,600 25 .82 City of Newport Beach 86 2.82 43 285,500 239,700 45,800 43 1.41 The Irvine Company 64 2.10 64 425,000 -0- 424,900 -0- 0.00 Total 3 Or 122.600 LZ.55 (2) 8 333 400 (3) 7 000 - _3 050 0�0,•00 (1) Huntington Beach retains 100% of its current capacity and is obligated to pay 13.11%, or $2,228,700 of the capital improvement cost. (2) South Coast and Newport Beach sell. 50% of their current capacity; Laguna Beach sell 45.5% of its current capacity; TIC sells 100% of its current capacity; IRWD and Mesa sell 50% of their current capacity plus an additional 55 acre feet spread between them based upon their pre 7/1/91 ownership capacity. (3) Local Owners capital improvement contribution totals $8,333,400 (49.02%) and is allocated to each local owner based upon their capacity ownership after 7/1/91. EXHIBIT B MAINTENANCE COST-SHARING OBLIGATION RELATED TO TRANSFERRED CAPACITY Opacity Ownership/0 & M Obligation MWD OTHERS Fiscal Year AF % AF % 1987-BB 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 1994-1995 900 29.51 2,150 70.49 1995-1996 1 ,050 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 50.82 1999-Forward 1 ,555 50.98 1 ,495 49.02 EXHIBIT C SAN JOAQUIN 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 El . 471 Chafer Requirements Width, along side slope Average 53 feet Bottom elevation El . 460 Chafer area 463,000 ft2 Thickness 36 Mils Added Influent Piping Material RCP/Gasketed 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 EXHIBIT D SAN JOAQUIN RESERVOIR LOCAL AND EMERGENCY STORAGE ALLOCATION 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 ( 18.60%) 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 2.10%) 32 _ 32 0 _Q 0 0 0 TOTAL 3D5Q (10�) Q1�. (IQQ,QQ�> 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. 0696D pp— t: COPY METROPOZITAN WATER OISTR/CT Of SOUTHERN CALIfORNIA `APR Office o/the General Manages RECEIVED Mr. Ronald E. Young WATER DIVISION Chairman, San Joaquin Reservoir Advisory Committee APR 93 19G0 Irvine Ranch Water District P.O. Box D-I Irvine, California 92716-6025 CITY OF HUNTINGTON BEACH Dear Mr. Young: Memorandum of Understanding We have received the original copy of -the Memorandum of Understanding (MOU) as executed by the Local Owners of the San Joaquin Reservoir (SJR) , which was transmitted with your letter dated March 12 , 1990. A member of our legal staff is currently reviewing the MOU and is preparing the draft amendment to the Trust Agreement. We are expediting our activities and are still planning to meet our objective of an executed amendment by July 1, 1990. We expect to forward the draft of the amended agreement to the Local Owners by May 1990. We will provide you with a timetable for the capital improvements as soon as practical. However, until the SJR Environmental Impact Report (EIR), process is completed, Metropolitan will be unable to establish a schedule for the proposed work. The SJR Trust Agreement Administrator, Ronald Wheeler, will keep you apprised on the amendment process and finalization of the EIR. If you or any Local Owners have questions on this matter, please call Mr. Wheeler at (213) 250-6593. Very truly your Carl oro ay General Manager WTL/e im cc: All Local Owners lilt Sansel Boole; rd, Los Angeles, California v9aiLng address: Box 54153, Los Angeles, California 90054 - Telephone 12131 250-6000 5 , REQUEST FOR CITY COUNCIL ACTION Date February 2 0, 1990 Submitted to: Honorable Mayor and City Council. � r_y Submitted by: Paul E. Cook, City Administrato �: Prepared b Louis F. Sandoval Director of Public taorks _ > p Y -<M,M Subject: San Joaquin Reservoir Memorandum of Under 0"I)BY--GITY 66UCCIL c` 19-A Consistent with Council Policy? 1A Yes j ) New Policy or Exceptio ---Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: r,.. STATEMENT OF ISSUE 1 The agencies owning the San Joaquin Reservoir ( SJR) , have agreed upon a Memorandum of Understanding to provide funding for the necessary water quality improvements to the reservoir. -� Huntington Beach, . as owners of 13 .11% of the reservoir must pay our percentage of the costs of this project. RECOMMENDATION Approve and adopt the Memorandum of Understanding as presented. ANALYSIS The San Joaquin Reservoir (SJR) is a vital part of the City' s water supply. SJR is a 3 , 050 acre foot open reservoir located in Newport Beach. It is owned in various percentages by Irvine Ranch Water District, Mesa Consolidated Water District, South Coast Water District, Metropolitan Water District, The Irvine Company and the cities of Newport Beach, Laguna Beach and Huntington Beach. The San Joaquin Reservoir Advisory Committee is comprised of representatives from each of these agencies, all of whom have agreed upon, and, with the exception of Huntington Beach, signed the proposed MOU. In order to meet federal and state water quality requirements, the reservoir must be modified. The most cost effective method is to cover the reservoir. Metropolitan Water District (MWD) , is the operator of SJR, and the lead agency in the project. The total cost for covering the reservoir, and making certain circulation improvements, is estimated at $17, 000,000, or $6, 640 per acre foot. All of the owners were presented with the options of selling fifty percent ( 50%) of their capacity rights, or retaining their capacity rights and paying the related percentage of the improvement costs. Huntington Beach is not in a position to reduce our capacity allocation. In the proposed MOU , the City will retain their current 13 . 11% ( 400 acre feet) , at a cost of I^ $2 ,228, 700 , which will be due July 1, 1991 . `'' Ain F/RF � D Request for Council Action February 20 , 1990 Page 2 The financial benefit of this project will be a significant decrease in the operations and maintenance expense of the reservoir over the next fifteen to twenty years. The attached staff report provides more detailed information on the project. FUNDING SOURCE Funds will be allocated through the combined use of existing reserve funds and the normal budget process. Long term financing is also a possibility and is currently under study. ALTERNATIVE ACTIONS Do not approve MOU and direct staff on how to proceed. Revise the MOU to decrease the cost and water allotment by selling one half or more of our capacity rights . This alternative will require renegotiating with all members of the SJR Advisory Committee. Release all interest in SJR, and direct funds to an equivalent capacity ( 130 , 340 , 000 gallons ) City owned and operated reservoir at an estimated capital construction cost of more than $34, 000 , 000 . ATTTACHMENTS 1 . Proposed Memorandum of Understanding. 2. Summary of the San Joaquin Reservoir issue. LFS:JRR/LD THE SAN JOAQUIN RESERVOIR The San Joaquin Reservoir (SJR) is a 3, 050 acre foot open water storage facility located in Newport Beach. The reservoir is jointly owned by several local water agencies and The Irvine Company. The San Joaquin Reservoir Trust Agreement, put in to effect in 1980, identifies the ownership capacities and establishes operating procedures. The Metropolitan Water District of Southern California (MWD) was designated as Trustee for the owners, and also conducts operations and maintenance for the reservoir for the benefit of the owners ., The San Joaquin Reservoir Advisory Committee was established to monitor the activities of MWD as trustee, and provide advice and approval on policy matters related to the reservoir. The water piped into the reservoir is finished, meaning that it has been treated with chloramines and is of drinking quality as it enters. Additional chlorine is added to the water as it is discharged into the distribution lines, which go directly to the consumers. In this open environment, the water quality is quickly degraded. Over the past several years, SJR has been plagued with many water quality problems, including frogs , algae, dust, bird droppings. Additionally, disinfection with chloramines (chlorine and ammonia) has contributed to the formation of trihalomethanes (THM' s) , a potential carcinogen. Huntington Beach and Mesa Consolidated Water District have also experienced high levels of turbidity (cloudy color) , and chlorine odor in the reservoir water. As an open reservoir, the quality of the water entering the reservoir cannot be maintained to the level required by the State Office of Health Services' (OHS ) standards. The OHS has monitored the existing and potential problems with this type of reservoir, and has instructed the owners to take the steps necessary to insure adherence to the stringent water quality standards established by the State and Federal regulators. Of the several alternatives available to comply with the OHS' s request, covering the reservoir, and making certain circulation improvements is the most cost effective solution. The cost would be approximately $17,000 , 000 for the project. The only other alternative which would allow continued use of the reservoir, is construction of a treatment plant at the outflow. The cost of this project would be a capital investment of over $100, 000, 000, and a substantial increase in annual operating costs. e San Joaquin Reservoir Page Z Over the past three years, the Advisory Committee has been working toward an agreement to provide financing for the reservoir project. The best proposal resulted in each agency being given the opportunity to either transfer 50% of their ownership capacity to MWD, or to pay their share of the construction costs according to the ownership percentages at a cost of $6,640 per acre foot. Huntington Beach, with 13.11% (400 acre feet) , of the reservoir, is unique among the owners in their use of SJR. The City frequently uses the reservoir to meet peak demands on the water system. The other agencies have either alternative water storage facilities, or own a much higher percentage of the capacity then they require. Agencies such as Newport Beach, Laguna Beach and South Coast Water District, own very small percentages of the reservoir and seldom use it. Due to our dependence on SJR as a water supply, it was determined that Huntington Beach is not in the position to sell half of its capacity in the reservoir. The investment into the cover and circulation improvements will be beneficial from both a water quality and financial viewpoint. The City will receive a reliable supply of high quality water, and a decrease in the annual operations and maintenance costs. In an analysis prepared by Boyle Engineering, the alternative water projects such as drilling additional wells, and building larger reservoirs, have a signficantly higher capital cost per acre foot of supply. Increased operational costs would also be expected. Additional information on San Joaquin Reservoir, including the Boyle analysis and the draft Environmental Impact Report is available from the Water Division. 4 U'.s WAT FRX CAF The Metropolitan Water District ®f Southern California Office of the General Manager .� December 4. 1986 San Joaquin Reservoir Parcels 1004-23-30 and 31. and Parcels 1004-24-7 and 1004-25-1 Ms. Alicia M. Wentworth City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention Ms . Connie A. Brockway Deputy San Joaquin Reservoir Trust Agreement Pursuant to your letter dated November 26. 1986. requesting copies of documents pertaining to the San Joaquin Reservoir Trust Agreement, transmitted for your records are duplicate copies of the recorded and unrecorded documents pertaining to this transaction, which were forwarded to the City of Huntington Beach in our letter dated November 12, 1985 . Very, r-uly yours. William :`Vag a Assistant Dir c r Right of WAy ,,,_n Land Division JSA/emm Encl. 1111 Sunset Boulevard,Los Angeles,Calif. Mailing address:Box 54153,Los Angeles,Calif.90054 ^ Telephone:(213)250-6000 NOV 12 1985 San Joaquin Reservoir Parcels 1004-23-30 and 31 , 1004-24-7 , and 1004-25-1 City of Huntington Beach Post Office Box 190 Huntington Beach, CA 92648 Gentlemen: Transmittal of Deeds Reference is made to Metropolitan Water District ' s letter dated September 7, 1984 , whereby the procedure to correct a discrepancy in the legal description of the existing access road to the San Joaquin Reservoir was explained. Subsequently, documents were prepared and executed by the applicable agencies involved in this transaction, and recorded in the Official Records of the Orange County Recorder on August 28, 1985. Enclosed for your records are original recorded and unrecorded documents and related copies pertaining to this transaction, as shown on the attached exhibit . This concludes the necessary action to rectify the above-mentioned discrepancy. Thank you for your cooperation in this matter. Very truly yours , William E. Vazzana Assistant Director Right of Way and Land Division JSA/dm Encls . bcc: R. , D. Twomey G. F. Ivey 11B TYPE OF RECORDING DOCUMENT FROM TO INFORMATION A. Original Quitclaim Deed 1004-23-30, The Metropolitan Water City of Huntington Beach August 28, 1985 1004-24-7, 1004-25-1 District of Southern #85-323187 California, in trust B. Copies Quitclaim Deed 1004-23-30, City of Huntington Beach Irvine Ranch Water Dist. August 28, 1985 1004-24-7, 1004-25-1 #85-323195 *Grant Deed 1004-23-30 and 31, Irvine Ranch Water Dist, City of Huntington Beach August 28, 1985 1004-24-7, 1004-25-1 #85-323204 Grant Deed 1004-23-30 and 31, City of Huntington Beach The Metropolitan Water August 28, 1985 1004-24-7, 1004-25-1 District of Southern #85-323206 California, in trust C. Unrecorded Quitclaim Deed 1004-23-30, City of Huntington Beach The Irvine Company 1004-24-7, 1004-25-1 *Only one grant deed required and recorded, since it shows individual interest ownership of each agency as grantee. Original recorded document to Irvine Ranch Water District. ,4. T g5._3231 ,S 7 Recorded at the Request Of RECORDED IN OFFICIAL RECORDS THE METROPOLITAN WATER DISTRICT OF ORANGE COUNTY, CALIFORNIA OF SOUTHERN CALIFORNIA, IN TRUST .g 2-5 AM AUG 7 8 '85 When Recorded Mail to THE METROPOLITAN WATER DISTRICT / RECORDER OF SOUTHERN CALIFORNIA Post Office Box 54153 Los Angeles, California 90054 EXEM P-M DOCUMENTARY TRANSFER TAX $ NONE C 8 f (Exempt-Chapter 1108-Statute 1969) ���� QUITCLAIM DEED � Q 1004-23-30 1004-24-7 1004-25-1 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, =; a public corporation, in trust, does hereby Quitclaim to CITY OF HUNTINGTON BEACH, a municipal corporation,. all :; `. rights granted to said Metropolitan Water District of Southern � California, a public corporation, in trust, in the Grant � •-= j Deed recorded July 3 , 1980 , in Book 13656 , page 40, Official r" Records of Orange County, California. C SEP 17 1984 Dated: THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, in Trust, Carl Boronkay General Manager By Assistant General'.,Manager JSA/bl +1 a Authorized by San Joaquin Reservoir Trust Agreement, as amended, dated July 1, 1980 , and MWD Board of Director' s Minute Item 34052 , dated January 12 , 1982 . t - 85--323187 STATE OF CALIFORNIA ) SS . COUNTY Los Angeles On this 17th day of September in the year 1984 , before me, William E. Vazzana a Notary Public, personally appeared R. W. BALCERZAK, personally known to me to be the person who executed this instrument as Assistant General Manager of The Metropolitan Water District of Southern California, a public corporation, in trust, and acknowledged to me that The Metropolitan Water District of Southern California, in trust, executed it. WITNESS my hand and official seal. •r OFFICIAL7CAL1FCR%HA WILLIAM E V 2 {ti -'i" NOTARY PUBLIC -(Seal) > ��� LOS AN;FLFS �I My 1S in87 a 1 _:- - Signature _- Notary Public in and for said State r t. 85--32318 7 ACCEPTANCE The undersigned, being the duly authorized agent of CITY OF HUNTINGTON BEACH, does hereby accept on behalf of CITY OF HUNTINGTON BEACH, Quitclaim Deed 1004-23-30, 1004-24-7 , and 1004-25-1 from THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation, in trust, and consents to the recordation of the same. DATED• AUG 1 /� TEST: City Cler r� fX1E' MPTzt C8 �y'y j Recorded at the Request of THE METROPOLITAN WATER DISTRICT RECORDED IN OFFICIAL RECORDS OF SOUTHERN CALIFORNIA, IN TRUST OF ORANGE COUNTY, CALIFORNIA When Recorded Mail to '9 25 AM AUG 2 S '85 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA `�``'� y� COUNTY Post Office Box 54153 RECORDER Los Angeles , California 90054 DOCUMENTARY TRANSFER TAX $ NONE (Exempt-Chapter 1108-Statute 1969) QUITCLAIM DEED 1004-23-30 Q 1004-24-7 1004-25-1 a� CITY OF HUNTINGTON BEACH, a municipal corporation, does hereby Quitclaim to IRVINE RANCH WATER DISTRICT, a California Water District, all rights granted to City of Huntington Beach, a municipal corporation, in the o Grant Deed recorded July 3 , 1980 , in Book 13656 , page 12 , Official Records of Orange County, California. UDated :,4 `��� ��� C_ OF HUNTI N BE CH o _ T U :J O Atte c�rr t R� JSA/bl Authorized by San Joaquin Reservoir Trust Agreement, as amended, dated July 1, 1980 ^ v Ta rpRti�: Ivy n- t 1 STATE OF CALIFORNIA ) ss: 85 -32319� COUNTY OF ORANGE ) On this �y day of 190�y , before me, a Notary Public in and for said County and State, personally appeared 7Ar+ 'k , known to me to be the Mayor and �'d.tiL1A ,t�}, WRA,+wbitkl , known to me to be the City Clerk of the City of Huntington Beach, the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on b if of said municipal corporation and acknowledged FItCi 5nicipa corporation executed the same. CCNN!E A . BROCKWA NOTARY PUBLIC - CALIFC%NIA , a r PR I OFFICE IN ORANGE c COUNTY MY COMMISSION EXPIRES OCT 10 1985 r 85--32319 5 t ACCEPTANCE The undersigned, being a duly authorized agent of IRVINE RANCH WATER DISTRICT, does hereby accept on behalf of IRVINE RANCH WATER DISTRICT, Quitclaim Deed 1004-23-30 , 1004-24-7 and 1004-25-1 from CITY OF HUNTINGTON BEACH, and consents to the recordation of the same. AUG 1 19w#5 Dated: B Y Lti2 FORMEu OJT > n i JAN.23.1951 mot~ 85-323 04 .EX(E�M�PT L Recorded at the Request of •�. ' " f �� � THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, In Trust RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA When Recorded Mail to THE METROPOLITAN WATER DISTRICT `9 25 AM AUG Z 3 85 OF SOUTHERN CALIFORNIA Q COUNTY Post Office Box 54153 ECORDER Las Angeles , California 90054 DOCUMENTARY TRANSFER TAX $ NONE (Exempt-Chapter ,1108-Statute 1969) GRANT DEED 1004-23-30 & 31 1004-24-7 Q 1004-25-1 IRVINE RANCH WATER DISTRICT, a California Water a District, hereby grants to each Grantee listed below the =� undivided percentage interest shown opposite the Grantee ' s name in the real property in the City of Irvine, County of Orange, State of California, which is described in Exhibit r o "A" attached hereto : r Undivided Grantee Interest o ^, v > IRVINE RANCH WATER DISTRICT 47. 90% MESA CONSOLIDATED WATER DISTRICT 19 . 11% 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% JA=04 Grant Deed -2- DATED: IRVINE RANCH WATER DISTRICT By ATTEST : JSA/bl Authorized by San Joaquin Reservoir Trust Agreement, as amended, dated July 1 , 1980 . g5--323204 EXHIBIT "A" Parcel 1 1004-25-1 Those portions of Blocks 97 and 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 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 S 50° 00 ' 00" E 2 , 640 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 co=non corner of Blocks 91, 97, and 98 of said Irvine' s Subdivision; thence S 3° 23 ' 13" E 1, 553 . 05 feet to a brass disc set in concrete, set .by the United States Coast and Geodetic Survey, and designated as "Browning" ; thence S 550 45 ' 30" E 294. 13 feet to the TRUE POINT OF BEGINNING; thence S 400 46 ' 20" E 197. 60 feet; thence N 00 34 ' 34" E 461.17 feet; thence S 89° 24 ' 59" W 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 N 0° 34 ' 44" W 175 . 56 feet; thence N 570 06 ' 03" E 45 . 91 feet; thence N 100 55 ' 33" E 115 . 32 feet; thence 11 280 46 ' 32" E 157. 16 feet; thence N 630 28 ' 44" E 41. 15 feet; thence N 21° 08 ' 06" W 119 . 62 feet; thence N 00 34 ' 44" W 70 . 00 feet; thence N 58° 39 ' 50" W 76 . 64 feet; thence N 460 19 ' 48" E 488 . 92 feet; thence N 530 36 ' 16" E 74 . 00 feet; thence N 280 14 ' 31" E 140 . 12 feet; thence N 82° 08 ' 29" E 23 : 00 feet; thence S 90 41 ' 13" E 175 . 77 feet; thence N 80° 18 ' 47" E 120 . 00 feet; thence N 9 ° 41 ' 13" W 171. 94 feet; thence 11 820 08 ' 29" E 197. 66 feet; thence S 70 51 ' 31" E an `\� 85 . 38 feet to the beginning of a curve concave north- easterly having a radius of 100 feet; thence southerly, o^` southeasterly, and easterly 141. 87 feet along said curve _ cp through an angle of 810 17 ' 01" ; thence S 89 ° 08 ' 32" E Q � 289 . 10 feet; thence S 80 00 ' 36" E 820 . 76 feet; thence S 330 09 ' 09" E 1, 465 . 88 feet; thence S 13° 25 ' 14" E �� 630 . 00 feet; thence S 69° 08 ' 20" W 270 . 27 feet; thence S5--323204 Exhibit "A" 1004-25-1 -2- S 850 37 ' 08" W 222 .77 feet; thence N 240 13 ' 10" W 437 . 65 feet; thence S 760 34 ' 46" W 40 . 00 feet; thence S 450 42 ' 22" W 309 . 17 feet; thence S 110 38 ' 25" W 1, 024.86 feet; thence S 750 55 ' 07" W 289 .80 feet to an angle on the easterly boundary of 'Tract No. 9859 as per Map recorded in Book 435, pages 1, 2 , 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 : N 220 17 ' 13" W 1, 261.95 feet; N 120 29 ' 51" W 488 . 09 feet; N 220 52 ' 39" W 454.58 feet; N 510 20 ' 49" W 77 .21 feet; and N 150 52 ' 51" W 276 . 97 feet to the True Point of Beginning. Parcel 2 1004-24-7 A nonexclusive easement for ingress and egress over Lots A and B and a 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 in Book 12848 , page 1899, of the Official Records of the County of Orange, California. Parcel 3 1004-23-30 A nonexclusive, relocatable easement for ingress and egress over a strip of land 30 feet wide in Blocks 91 and 98 of Irvine ' s Subdivision, in the City of Irvine, and in the unincorporated territory of the County of Orange, c State of California, as shown on map recorded in Book 1, > page 88 , of Miscellaneous Maps in the office of the Recorder c� of said County, said strip of land 30 feet wide, lying �C- 15 feet, measured at right angles or radially, on each side 0 of the following described center line: N¢ GS In the following center line description all c curves are tangent 'to the straight lines which they join: 85- 323204 Exhibit "A" 1004-23-30 -3- Commencing at the southeasterly terminus of that certain course in the center line of Hillside Drive shown as having a bearing and distance of S 34' 01 ' 12" E 148 .14 feet on map of Tract No. 8787, recorded in Book 367, pages 28, 29, and 30, of Miscellaneous Maps in the office of said County Recorder; thence N 340 00 ' 37" W, along said certain course mentioned above, 148 . 14 feet to the northwesterly terminus thereof and the TRUE POINT OF BEGINNING; thence N 520 44 ' 01" E 429 . 75 feet; thence S 42' 32 ' 47" E 50 .15 feet to the beginning of a curve concave northeasterly and having a radius of 45 feet; thence southeasterly, along said curve, through a central angle of 220 15 ' 0011 , an arc distance of 17 .48 feet; thence S 640 47 ' 47" E 45 .37 feet to the beginning of a curve concave southwesterly and having a radius of 100 feet; thence southeasterly, along said curve through a, central angle of 481 15 ' 0011 , an arc distance of 84.21 feet; thence S 160 32 ' 47" E 65 . 73 feet to the beginning of a curve concave northeasterly and having a radius of 150 feet; thence southeasterly, along said curve, through a central angle of 390 15 ' 0011 , an arc distance of 102 .76 feet; thence S 550 47 ' 47" E 135 . 09 feet to the beginning of a curve concave southwesterly and having a radius of 200 feet; thence southeasterly, along said curve, through a central angle of 80 15 ' 0011 , an arc distance of 28 .80 feet; thence S .470 32 ' 47" E 109 . 99 feet to the beginning of a curve concave southwesterly and having a radius of 200 feet; thence southeasterly, along said curve, through a central angle of 320 39 ' 1911 , an arc distance of 113 . 99 feet; thence S 140 53 ' 28" E 350 .81 feet to a point on that certain course mentioned as having a bearing and distance of S 420 06 ' 54" W 560 .44 feet in Parcel C of those certain strips of land conveyed to The Irvine Ranch Water District by deed recorded in Book 6860, page 91, of Official Records in the office of said County Recorder, said point being distant thereon N 420 06 ' 54" E 75 .45 feet from the south- westerly terminus thereof; thence S 14° 53 ' 28" E 116 .86 feet; thence S 150 18 ' 57" E 316 .33 feet to the beginning of a curve concave northeasterly and having a radius of 300 feet; thence southeasterly, along said curve through a central c angle of 110 36 ' 4211 , an arc distance of 60 .80 feet; thence LU S 260 55 ' 39" E 101 . 12 feet to the beginning of a curve cc concave southwesterly and having a radius of 300 feet; r thence southeasterly, along said curve through a central oz -. angle of 10 351 3911 , an arc distance of 8 .35 feet; thence p C-.2 S 250 20 ' 00" E 123 .52 feet to the beginning of a curve concave northeasterly and having a radius of 300 feet; thence south- o easterly along said curve through a central angle of 120 02 ' 5711 , �5--323A'2004 Exhibit "A" 1004-23-30 -4- an arc distance of 63 . 09 feet; thence S 37' 22 ' 57" E 66 .32 feet to the beginning of a curve concave southwesterly and having a radius of 300 feet; thence southeasterly, along said curve through a central angle of 27' 271 1411 , an arc distance of 143 .75 feet; thence S 90 55 ' 43" E 280 . 62 feet to the beginning of a curve concave northeasterly and having a radius of 300 feet; thence southeasterly along said curve through a central angle of 250 23 ' 5911 , an arc distance of 132 . 99 feet; thence S 350 1.9 ' 42" E 97 . 05 feet to a point on that certain course having a bearing and distance of N 28° 14 ' 31" E 140 . 12 feet in the Deed from the Irvine Company to . Irvine Ranch Water District for the San Joaquin Reservoir Property, recorded June 4, 1965, in Book 7545, page 621, of Official Records in the office of said County Recorder, said poing being distant thereon N 280 47 ' 42" E 55 . 98 feet from the southwesterly terminus thereof. The sidelines of said 30-foot-wide strip of land shall be prolonged or shortened so as to terminate northwesterly in the easterly line of said Tract No. 8787 and so as to terminate southeasterly in that certain course mentioned above as having a bearing and distance of N 28' 141 31" E 140 .12 feet. Containing 1 .78 acres, more or less . Parcel 4 1004-23-31 A nonexclusive easement for ingress and egress over a parcel of land in Lot 1 of Tract No . 8787, ' in the City of Newport Beach, County of Orange, State of California, as shown on map recorded in Book 367, pages 28, 29, and 30 , of Miscellaneous Maps, in the office of the Recorder of the County of Orange, said parcel of land being all that portion of said Lot l lying northeasterly of a line which is parallel or concentric with and distant 15 feet southwesterly, measured at right angles or radially, from the following described t traverse line: Commencing at the southeasterly terminus of that Q certain course in the center line of Hillside Drive shown as FCC= having a bearing and distance of S 34' 01 ' 12" E 148 .14 feet o¢ on map of Tract No . 878.7, recorded in Book 367, pages 28 , 85- 323204 Exhibit "A" 1004-23-31 -5- 29, and 30, of Miscellaneous Maps in the office of said County Recorder; thence N 340 00 ' 37" W, along said certain course mentioned above, 148 .14 feet to the northwesterly terminus thereof and the TRUE POINT OF BEGINNING; thence N 520 44' 01" E 429 . 75 feet; thence S 420 321 49" E 50 .15 feet to the beginning of a curve concave northeasterly and having a radius of 45 feet; thence southeasterly, along said curve, through a central angle of 220 15 ' 0011 , an arc distance of 17.48 feet; thence S 640 47 ' 49" E 45 .37 feet to the beginning of a curve concave southwesterly and having a radius of 100 feet; thence southeasterly, along said curve through a central angle of 480 15 ' 0011 , an arc distance of 84.21 feet; thence S 160 32 ' 49" E 65.72 feet to the beginning of a curve concave northeasterly and having a radius of 150 feet; thence southeasterly, along said curve, through a central angle of 391 15 ' 0011 , an arc distance of 102 .76 feet; thence S 550 47 ' 49" E 135 .08 feet to the beginning of a curve concave southwesterly and having a radius of 200 feet; thence southeasterly, along said curve, through a central angle of 80 15 ' 0011 , an arc distance of 28 .80 feet; thence S 470 32 ' 49" E 101.86 feet to the beginning of a curve concave southwesterly and having a radius of 200 feet; thence southeasterly, along said curve, through a central angle of 340 49 ' 1811 , an arc distance of 121.55 feet; thence S 120 43 ' 31" E 355 . 63 feet to a point on that certain course mentioned as having a bearing and distance of S 420 06 ' 54" W 560 .44 feet in Parcel C of those certain strips of land conveyed to The Irvine Ranch Water District by deed recorded in Book 6860, page 91, of Official Records in the office of said County Recorder, said point being distant thereon N 420 06 ' 54" E 87 .81 feet from the south- westerly terminus thereof; thence S 420 06 ' 54" W 117 . 60 feet; thence S 260 28 ' 28" E 1, 015 .19 feet to the beginning of a curve concave northeasterly and having a radius of 400 feet; I\ thence southeasterly along said curve through a central rn angle of 360 33 ' 2511 , an arc distance of 255 .22 feet; thence S 639 01 ' 53" E 204.94 feet; thence S 90 40 ' 13" E Q 20 . 05 feet to the point of ending. CC Containing 0 . 03 acre, more or less. c Dated: August 24 , 198-4 85- 323204 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On April 22 , 1985 , before me , the under- signed, a Notary Public in and for said State, personally appeared Peer A. Swan and Betty J. Wheeler, personally known to me to be the President and Secretary, respectively, of the IRVINE RANCH WATER DISTRICT, the District that 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. Notary Public ,t.. OFFICIAL SEAL '• ~ MILDRED P KLADDE I°c �•^ NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires JUL 1, 1985 r 8 7--323204 , ACCEPTANCE The undersigned, being the duly authorized agent of CITY OF HUNTINGTON BEACH, does hereby accept on behalf of CITY OF HUNTINGTON BEACH, Grant Deed 1004-23-30 and 31 , 1004-24-7, and 1004-25-1, from Irvine Ranch Water District, a California Water District, and consents to the recordation of the same . AUG 1 19�G DATED: M or ATTE T: City Clerk tv DQr" Recorded at the Request of THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, IN TRUST =EXEMPTWhen Recorded Mail to THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Post Office Box 54153 RECORDED IN OFFICIAL RECORDS Los Angeles, California 90054 OF ORANGE COUNTY, CALIFORNIA DOCUMENTARY TRANSFER TAX $ NONE -9 25 AM AUG 2 8 '85 (Exempt-Chapter 1108-Statute 1967) - GRANT DEED p 1004-23-30 & 31 Q 1004-24-7 s. 1004-25-1 CITY OF HUNTINGTON BEACH, a municipal corporation, hereby grants to THE METROPOLITAN WATER DISTRICT OF SOUTHERN c CALIFORNIA, a public corporation, in trust, subject to the 4-1 provisions of the San Joaquin Reservoir Trust Agreement - o dated July 1, 1980 , as it may be from time to time amended, P,_.; its undivided 13 . 11 percent interest in the real property --' in the City of Irvine, County of Orange, State of California, Y �-•'�j described in attached Exhibit "A" . G Ci yY Dated: TT` ' 7 �� G"' N CH By A ,'; ! CLERK JSA/lh Authorized by San Joaquin Reservoir Trust Agreement, as amended, dated Jul � _yy_,1 1980 Sc `V+� . STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) 85--323206 On this A? day of A1141-4-,—, 19 cE�� , before me, a Notary Public in and for said County and State, personally appeared 17;v,k I61,0/1y , known to me to be the Mayor and q,4 j(4q /it uy urd,� known to me to be the City Clerk of the City of Huntington Beach, the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged o me a ch al corporation executed the same. OFFICIAL SEAL N �", CONN,E A . BRv-KWAY NO'ARY PUoL;C - CALIFORNIA \� PRINCIPAL OFFICE IN ORANGE COUNTY ? My COMMISSION EXPIRES OCT 10 7985 323200 EXHIBIT "A" Parcel 1 1004-25-1 Those portions of Blocks 97 and 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 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 S 50' 00 ' 00" E ' 2, 640 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 common corner of Blocks 91, 97 , and 98 of said Irvine ' s Subdivision; thence S 3° 23 ' 13" E 1, 553 . 05 feet to a brass disc set in concrete, set by the United States Coast and Geodetic Survey, and designated as "Browning" ; thence S 550 45 ' 30" E 294 . 18 feet to the TRUE POINT OF BEGINNING; thence S 400 46 ' 20" E 197. 60 feet; thence N. 0" 34 ' 34" E 461. 17 feet; thence S 89' 24 ' 59" W 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 N 0° 34 ' 44" W 175. 56 feet; thence N 570 06 ' 03" E 45 . 91 feet; thence N 100 55 ' 33" E 115 . 32 feet; thence N 230 46 ' 32" E 157. 16 feet; thence N 630 28 ' 44" E 41 . 15 feet; thence N 21' 08 ' 06" W 119 . 62 feet; thence N 00 34 ' 44" W 70 . 00 feet; thence N 580 39 ' 50" W 76 . 64 feet; thence N 460 19 ' 48" E 488 . 92 feet; thence N 530 36 ' 16" E 74 . 00 feet; thence N 28' 14 ' 31" E 140 . 12 feet; thence N 820 08 ' 29" E 23 . 00 feet; thence S 90 41 ' 13" E 175 . 77 feet; thence N 300 18 ' 47" E 120 . 00 feet; thence N 90 41 ' 13" W 171. 94 feet; thence N 820 08 ' 29" E 197 . 66 feet; thence S 7° 51 ' 31" E n 85 . 38 feet to the beginning of a curve concave north- easterly having a radius of 100 feet; thence southerly, ac southeasterly, and easterly 141 . 37 feet along said curve a �- , ` through an angle of 81' 17 ' 01" ; thence S 891 08 ' 32" E z - 289 .10 feet; thence S 80 00 ' 36" E 820 . 76 feet; thence S 330 09 ' 09" E 1, 465. 83 feet; thence S 130 25 ' 14" E a. 7,LO 680 . 00 feet; thence S 690 08 ' 20" W 270. 27 feet; thence N W (�X O �5--3232®6 Exhibit "A" 1004-25-1 -2- S 850 37 ' 08" W 222 .77 feet; thence N 24° 13 ' 10" W 437 . 65 feet; thence S 760 34 ' 46" W 40 . 00 feet; thence S 45° 42 ' 22" W 309 .17 feet; thence S 110 38 ' 25" W 1, 024.86 feet; thence S 750 55 ' 07" W 289 .80 feet to an angle on the easterly boundary of Tract No. 9859 as per Map recorded in Book 435, pages 1, 2, 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 : N 220 17 ' 13" W 1, 261. 95 feet; N 120 29 ' 51" W 488 . 09 feet; N 22° 52 ' 39" W 454. 58 feet; N 51' 20 ' 49" W 77 .21 feet; and N 150 52 ' 51" W 276 . 97 feet to the True Point of Beginning: Parcel 2 1004-24-7 A nonexclusive easement for ingress and egress over Lots A and B and a 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 in Book 12848 , page 1899 , of the Official Records of the County of Orange, California. Parcel 3 1004-23-30 A nonexclusive, relocatable easement for ingress and egress over a strip of land 30 feet wide in Blocks 91 and 98 of Irvine ' s Subdivision, in the City of Irvine, and in the unincorporated territory of the County of Orange, v State of California, as shown on map recorded in Book 1, g page 88, of Miscellaneous Maps in the office of the Recorder 0.0 of said County, said strip of land 30 feet wide, lying 15 feet, measured at right angles or radially, on each side 0 of the following described center line: In the following center line description all c� curves are tangent to the straight lines which they join: 85--3232®6 Exhibit "A" 1004-23-30 -3- Commencing at the southeasterly terminus of that certain course in the center line of Hillside Drive shown as having a bearing and distance of S 34' 01 ' 12" E 148 .14 feet on map of Tract No. 8787, recorded in Book 367, pages 28 , 29, and 30 , of Miscellaneous Maps in the office of said County Recorder; thence N 340 00 ' 37" W, along said certain course mentioned above, 148 .14 feet to the northwesterly terminus thereof and the TRUE POINT OF BEGINNING; thence N 520 44 ' 01" E 429 . 75 feet; thence S 42' 32 ' 47" E 50 .15 feet to the beginning of a curve concave northeasterly and having a radius of 45 feet; thence southeasterly, along said curve, through a central angle of 221 15 ' 0011 , an arc distance of 17 .48 feet; thence S 640 47 ' 47" E 45 .37 feet to the beginning of a curve concave southwesterly and having a radius of 100 feet; thence southeasterly, along said curve through a central angle of 480 15 ' 0011 , an arc distance of 84.21 feet; thence S 160 32 ' 47" E 65 .73 feet to the beginning of a curve concave northeasterly and having a radius of 150 feet; thence southeasterly, along said curve, through a central angle of 390 15 ' '00" , an arc distance of 102 .76 feet; thence S 550 47 ' 47" E 135 . 09 feet to the beginning of a curve concave southwesterly and having a radius of 200 feet; thence southeasterly, along said curve, through a central angle of 80 15 ' 0011 , an arc distance of 28 .80 feet; thence S 470 32 ' 47" E 109 . 99 feet to the beginning of a curve concave southwesterly and having a radius of 200 feet; thence southeasterly, along said curve, through a central angle of 320 39 ' 1911 , an arc distance of 113 .99 feet; thence S 140 53 ' 28" E 350 . 81 feet to a point on that certain course mentioned as having a bearing and distance of S 420 06 ' 54" W 560 .44 feet in Parcel C of those certain strips of land conveyed to The Irvine Ranch Water District by deed recorded in Book 6860 , page 91, of Official Records in the office of said County Recorder, said point being distant thereon N 420 06 ' 54" E 75 .45 feet from the south- westerly terminus thereof; thence' S 14° 53 ' 28" E 116 .86 feet; thence S 15° 18 ' 57" E 316 .33 feet to the beginning of a curve concave northeasterly and having a radius of 300 feet; thence southeasterly, along said curve through a central angle of 11' 36 ' 4211 , an arc distance of 60 .80 feet; thence S 260 55 ' 39" E 101. 12 feet to the beginning of a curve concave southwesterly and having a radius of 300 feet; cc thence southeasterly, along said curve through a central zv angle of 10 35 ' 3911 , an arc distance of 8 .35 feet; thence S 25' 20 ' 00" E 123 .52 feet to the beginning of a curve concave northeasterly and having a radius of 300 feet; thence south- easterly along said curve through a central angle of 12' 02 ' 57" , g5--323206 Exhibit "A" 1004-23-30 -4- an arc distance of 63 . 09 feet; thence S 37' 22 ' 57" E 66 .32 feet to the beginning of a curve concave southwesterly and having a radius of 300 feet; thence southeasterly, along said curve through a central angle of 270 27 ' 1411, an arc distance of 143 . 75 feet; thence S 91 55 ' 43" E 280 . 62 feet to the beginning of a curve concave northeasterly and having a radius of 300 feet; thence southeasterly along said curve through a central angle of 250 23 ' 5911 , an arc distance of 132 . 99 feet; thence S 350 19 ' 42" E 97 . 05 feet to a point on that certain course having a bearing and distance of N 28° 14 ' 31" E 140 .12 feet in the Deed from the Irvine Company to Irvine Ranch Water District for the San Joaquin Reservoir Property, recorded June 4, 1965, in Book 7545 , page 621, of Official Records in the office of said County Recorder, said poing being distant thereon N 280 47 ' 42" E 55 . 98 feet from the southwesterly terminus thereof. The sidelines of said 30-foot-wide .strip of land shall be prolonged or shortened so as to terminate northwesterly in the easterly line of said Tract No. 8787 and so as to terminate southeasterly in that certain course mentioned above as having a bearing and distance of N 280 14 ' 31" E 140 . 12 feet. Containing 1 .78 acres, more or less . Parcel 4 1004-23-31 A nonexclusive easement for ingress and egress over a parcel of land in Lot 1 of Tract No. 8787; , in the City of Newport Beach, County of Orange, State of California, as shown on map recorded in Book 367, . pages 28, 29, and 30, of Miscellaneous Maps, in the office of the Recorder of the County of Orange, said parcel of land being all that portion of said Lot 1 lying northeasterly of a line which is parallel or concentric with and distant 15 feet southwesterly, measured at right angles or radially, from the following described traverse line: z �. Commencing at the southeasterly terminus of that � � Q certain course in the center line of Hillside Drive shown as FCC= having a bearing and distance of S 340 01 ' 12" E 148 .14 feet ac on map of Tract No . 8787, recorded in Book 367, pages 28, 55_3232U6 Exhibit ."A" 1004-23-31 -5- 29, and 30, of Miscellaneous Maps in the office of said County Recorder; thence N 34° 00 ' 37" W, along said certain course mentioned above, 148 .14 feet to the northwesterly terminus thereof and the TRUE POINT OF BEGINNING; thence N 520 44 ' 01" E 429 . 75 feet thence S 42° 321 49" E 50 .15 feet to the beginning of a curve concave northeasterly and having a radius of 45 feet; thence southeasterly, along said curve, through a central angle of 220 , 151 0011 , an arc distance of 17 .48' feet; thence S 640 47 ' 49" E 45 .37 feet to the beginning of a curve concave southwesterly and having a radius of 100 feet; thence southeasterly, along said curve through a central angle of 480 15 ' 0011 , an arc distance of 84.21 feet; thence S 160 32 ' 49" E 65 . 72 feet to the beginning of a curve concave northeasterly and having a radius of 150 feet; thence southeasterly, along said curve, through a central angle of 390 15 ' 0011 , an arc distance of 102 .76 feet; thence S 550 47 ' 49" E 135 . 08 feet to the beginning of a curve concave southwesterly and having a radius of 200 feet; thence southeasterly, along said curve, through a central angle of 80 15 ' 0011 , an arc distance of 28 .80 feet; thence S 470, 321 49" E 101 .86 feet to the beginning of a curve concave southwesterly and having a radius of 200 feet; thence southeasterly, along said curve, through a central angle of 340 49 ' 1811 , an arc distance of 121. 55 feet; thence S 120 43 ' 31" E 355 . 63 feet to a point on that certain course mentioned as having a bearing and distance of S 420 06 ' 54" W 560 .44. feet in Parcel C of those certain strips of land conveyed to The Irvine Ranch Water District by deed recorded in Book 6860, page 91, of Official Records in the office of said County Recorder, said point being distant thereon N 420 06 ' 54" E 87 .81 feet from the south- westerly terminus thereof; thence S 42° 061. 54" W 117 .60 feet; thence S 260 28 ' 28" E 1, 015 .19 feet to the beginning of a curve concave northeasterly and having a radius of 400 feet; thence southeasterly along said curve through a central CL rn angle of 360 33 ' 2511 , an arc distance of 255 .22 feet; o �, � thence S 63° 01 ' 53" E 204. 94 feet; thence S 90 40 ' 13" E P c 20 . 05 feet to the point of ending. �. Q Containing 0 . 03 acre, more or less . 0 Dated: August 24 , 1984 85--323206 ACCEPTANCE The undersigned, being the duly authorized agent of THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, does hereby accent on behalf of THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, in trust, Grant Deed 1004-23-30 and 31, 1004-24-7 and 1004-25-1 from CITY OF HUNTINGTON BEACH, a municipal corporation, and consents to the recordation of the same . DATED AUK ? 1485 Carl Boronkav Generai Manager --- ATTEST: By Assistant Genera ! Manager 1� Executive Secret y/ Recorded at the Request of f THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, In Trust When Recorded Mail to THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Post Office Box 54153 Los Angeles , California 90054 DOCUMENTARY TRANSFER TAX $ NONE (Exempt-Chapter 1108-Statute 1969) QUITCLAIM DEED Q 1004-23-30 1004-24-7 ct 1004-25-1 a � CITY OF HUNTINGTON BEACH, a municipal corporation, hereby Quitclaims to THE IRVINE COMPANY, a Michigan corporation, c ;. Consent to Assignment recorded July 3 , 1980 , in Book 13656 , L page 24 , of Official Records of Orange County. c v � � Dated /v�, l �V/ 7 7 R TY 0_ HU INGTO B H v BY i JSA/bl ICITY CLERK Authorized by San Joaquin Reservoir Trust Agreement, as amended, dated July 1, 1980 . T% L C�� STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On this day of ee) 07 19 , before me, a Notary Publ' in and for said County and State, personally appeared _75A c , known to me to be the Mayor and (a')..'�ti d , known to me to be the City Clerk of the City of Huntington Beach, the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. �• _ OFFICIAL SEAL CONNiE A . BRCCKWAY fy NOTARY PUEUC • C)=LIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY j MY COMMISSION EXPIRES OCT 10 1985 e 4 ACCEPTANCE The undersigned , being a duly authorized agent of THE IRVINE COMPANY, does hereby accept on behalf of THE IRVINE COMPANY, Quitclaim Deed 1004-23-30 , 1004-24-7 , 1004-25-1 from CITY OF HUNTINGTON BEACH, and consents to the recording of the same . AUG �--- Dated: ' By 4 �/ PPP{ 4 i 1T 1-HF TINBEACH �a 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK 6 V November 26, 1986 The Metropolitan Water District of Southern California Box 54153 Los Angeles, California 90054 Attn: H. J. Dearing Principal Real Estate Representative I would appreciate it very much if you would forward copies of the executed documents relative to the San Joaquin Reservoir Trust Agreement as mentioned in the attached letter from your Agency dated February 21, 1985. Thank you very much. ALICIA M. WENTWORTH, CITY CLERK By: Connie A. Brockway, Deputy AMW:cb enc. a 1 Telephone:714536-5227 The Metropolitan Water District of Southern California February 21 , 1985 San Joaquin Reservoir Parcels •1004-23-30 and 31 , 1004--24-7, and 1004-25-1 Ms . Alicia Wentworth City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Ms . Wentworth : San Joaquin Reservoir Trust Agreement In response -Co your letters dated November 21 , 1984 and January 24 , 1985 , reaardina the documents pertaining to realignment of the access road to San Joaquin Reservoir , which were executed by the City of Huntington Beach and transmitted to Metropolitan Water District for recordation , please be advised that when all of the documents have been received from the eight agencies , the documents will be recorded. When the recorded documents are returned to this office, Metropolitan will distribute the documents to the respective agencies . Currently, we are waiting for the executed documents from The Irvine Company and Irvine Ranch Water District . Very truly yours FI. J ; Dearing Principal Real testate Representative JSAJdm 1111 Sunse;Boulevard. Los.Angeles,Calif. Mailing address:Box 54153,Los Angeles,Caiii.90054 Teiephone: (211 250-6000 t /Q jAN_WA1ER 0!f y� J N HRRN(�F O ex 4 y The Metropolitan Water District of Southern California office of the General Manager February '2,;, 1985 San Joaquin Reservoir Parcels 1004-23-30 and 31, 1004--24-7, and 1004-25-1 Ms. Alicia Wentworth City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Ms . Wentworth: San Joaquin Reservoir Trust Agreement In. response to your letters dated November 21, 1984 and January 24 , 1985, regarding the documents pertaining to realignment of the access road to San Joaquin Reservoir, which were executed by the City of Huntington Beach and transmitted to Metropolitan Water District for recordation, please be advised that when all of the documents have been received from the eight agencies, the documents will be recorded. When the recorded documents are returned to this office, Metropolitan will distribute the documents to the respective agencies . Currently, we are waiting for the executed documents from The Irvine Company and Irvine Ranch Water District. Very truly yogrs, . fir ' ZZJ Dearing Pri*ipal Real Estate Representative JSAJdm 1111 Sunset Boulevard,Los Angeles,Calif. ^ Mailing address:Box 54153,Los Angeles,Calif.90054 - Telephone:(213)250-6000 �. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 24, 1985 The Metropolitan Water District of Southern California P. 0. Box 54153 Los Angeles, CA 90054 Attn: George Atwood, MWD Attorney Re: Access Road to San Joaquin Reservoir The City Council of the City of Huntington Beach, at its regular meeting held November 19, 1984, approved the road realignment to the existing access road to the San Joaquin Reservoir. On November 21 , 1985, we forwarded the executed documents to your agency (see attached letter). We would appreciate it if you would inform us as to when we may expect to receive our copies from your office. Alicia M. Wentworth City Clerk AMW:CB:bt Enclosure (Tolophonu: 714.536-5227) CITY OF HU, R, �} EACP - 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK November 21 , 1984 The Metropolitan Water District of Southern California P. 0. Box 54153 Los Angeles, CA 90054 Attn: George Atwood, MWD Attorney The City Council of the City of Huntington Beach, at its regular meeting held November 19, 1984, approved the road realignment to the existing access road to the San Joaquin Reservoir. Enclosed .are the duly executed documents as follows: Exhibit A: Acceptance of Quitclaim Deed from MWD; Exhibit B: Quitclaim Deed to Irvine Ranch Water District; Exhibit E: Quitclaim Deed to Irvine Company; Exhibit G: Acceptance of Grant Deed from Irvine Ranch Water District; Exhibit H: Grant Deed to MWD. When the set of documents are completed by MWD (recording) and dated, please return a set to the City of Huntington Beach to my attention. Alicia M. Wentworth City Clerk AMW:bt . Enclosures (Telephone: 71 A-536-5227) REQUEST FOR CITY COUNCIL ACTION Date —November 8 , 1984 Submitted to: Honorable Mayor and City Council DV CI (J Submitted by: Charles W. Thompson , City Administr Bpr "T`1.9g�' Prepared by: Paul E . Cook, Director of Public wo k c'i"C G�` Subject: Access Road to San Joaquin Reservoir Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE : The Metropolitan Water District advises that a discrepancy was recently found in the legal description of the existing access road to the San Joaquin Reservoir . Also, it is necessary to acquire 0.03 acres for realignment of the .access road to Ford Road. RECOMMENDATION: Approve road realignment and authorize Mayor and City Clerk to execute necessary documents as follows : Exhibit A:. Acceptance of Quitclaim Deed from MWD; Exhibit B: Quiteclaim Deed to Irvine Ranch Water District ; Exhibit C and D : Not applicable ; Exhibit E : Quitclaim Deed to Irvine Company; Exhibit F : Not applicable : Exhibit G : Acceptance of Grant Deed from Irvine Ranch Water District , and ; Exhibit H : Grant Deed to MWD. ANALYSIS : The City of Huntington Beach owns 13 .11% of the Reservoir , with the balance owned by seven governmental entities . MWD, under a Trust Agreement operates and maintains the reservoir on behalf of the eight owners . Documents to be executed will correct a discrepancy in the access road legal description and accomplish realignment of the access to Ford Road. FUNDING SOURCE : None required. CWT: PEC :EAE : ek Attachments ( 6) P10 4/81 RECEIVED, VRTrP MVISION poQOPN W41Fq O,f r S E P 2 1 1984 rNERN_(AFF CITY OF HUNTINGTON J3EACH The Metropolitan Water District of Southern California Office of the General Manager September 7, 1984 San Joaquin Reservoir Trust Agreement San Joaquin Reservoir Parcels 1004-23-30 and 31 1004-24-7 and 1004-25-1 City of Huntington Beach Post Office Box 190 Huntington Beach, CA 92648 Attention Water Department Gentlemen: Realignment of Access Easement On July 1, 1980, eight agencies consisting of Irvine Water District (IRWD) ; The Metropolitan Water District of Southern California (MWD) ; City of Huntington Beach (Huntington Beach); City of Newport Beach (Newport Beach) ; Mesa Consolidated Water District (Mesa) ; Laguna Beach County Water District (Laguna Beach) ; South Coast County Water District (South Coast) ; and The Irvine Company (TIC) entered into an agreement for the operation and maintenance of the San Joaquin Reservoir and its related facilities (Reservoir) , known as San Joaquin Reservoir Trust Agreement (Trust Agreement) . Subsequently, a discrepancy was noted in the legal description of the existing access road to Reservoir. It was also necessary to acquire more land in developing the realignment of the access easement from Ford Road, whicr1 -,"as accomplished by MWD. The Trust Agreement provides for MWD to act as Trustee (MWD in Trust) in the operation and maintenance of Reservoir; however, any activity pertaining to the acquisition or disposal of real property must be approved by each of the eight agencies. MWD acquired 0. 03 acre from Harbor View Knoll Community Association adjacent to Ford Road. For this land, and the other land involved in the realignment of the access road to be legally included as Trust property within the Trust Agreement, they must be deeded to and accepted by each of the eight agencies. 1111 Sunset Boulevard,Los Angeles,Calif./Mailing address:Boa 54153,Los Angeles,Calif.90054/Telephone:(213)250-6000 The Metropolitan Water District of Southern California City of Huntington Beach -2- September 7, 1984 In accordance with the terms of the Trust Agreement, it was necessary to commence a reversal of real property rights, in proportionate shares, from MWD in trust and each of the parties to the Trust Agreement to TIC, then reacquire by deeds the access easement, reservoir, and related facilites in proportionate shares from TIC and each of the parties to the Trust Agreement to MWD in trust. Attached is a copy of MWD' s Right of Way Maps 1004-23, 24, and 25 delineating in yellow the reservoir and access easements. The following procedure is necessary to complete this transactions 1. Quitclaim all rights relating to Reservoir from MWD in trust to the eight agencies, with acceptances. (Copies shown as Exhibit "A" . ) 2. Quitclaim all rights relating to Reservoir from the eight agencies to IRWD, with acceptances. (Copies shown as Exhibit "B" . ) 3. Quitclaim all rights relating to Reservoir from IRWD to TIC, with acceptance. (Copy shown as Exhibit "C" . ) 4. Quitclaim all rights acquired from Harbor View Knoll Community Association by MWD, and convey those same rights to TIC by permanent road ease- ment deed from Harbor View Knoll Community Association. (Copies shown as Exhibit "D" . ) 5. Quitclaim Consent to Assignment for ingress and egress purposes from eight agencies to TIC, with acceptances. (Copies shown as Exhibit "E" . ) 6. Grant Deed with description of Reservoir and new easements from TIC to IRWD, with acceptance. (Copy shown as Exhibit "F" . ) 7. Grant Deed with description of Reservoir and new easements from IRWD to eight agencies, with acceptances. (Copies shown: as Exhibit "G" . ) 8. Grant Deed with description of Reservoir and new easements from eight agencies to MWD in trust, with acceptances. (Copies shown as Exhibit H" . ) r The Metropolitan Water District of Southern California City of Huntington Beach -3- September 7, 1984 Exhibits A through H, which are copies of all documents that will be executed to complete this transaction, are to be retained by you for your records. The enclosed original deeds are to be executed, acknowledged, and returned to this headquarters for further processing. Also enclosed are "Acceptance" certificates to be executed and returned to this headquarters. When these certificates have been received from the eight agencies, they will be attached to the appropriate deeds or documents for recording. MWD in trust, will consolidate all documents and hand-carry them to the Orange County Recorder for recording in proper priority. After recordation and receipt of the documents, distribution of each original will be made to the appropriate grantee and copies will be mailed to all other agencies. Original counterparts of this letter with deeds and/or documents, as applicable, were mailed to all eight agencies. Thank you for your cooperation in this matter. Very truly yours, Carl Boronkay General Manager B V" Y Assistant Genera , Manager JSA/lgb Encls. "The Metropolitan Water District"of •Southern California, a public corporation, in. trust,, "is authorized to _ " insert the date on said "Acceptance" certificate, which date will be either the date of the deed or any subsequent date, and is further. authorized to attach said "Acceptance certificate to the deed and record same. " Further, it would be appreciated if each agency would send to Metropolitan .Water District, in trust, a. copy of the resolution for record purposes. R E C E I EI" fin./n,TrP n!VIS!0N S t P 2 1984 CITY Of HUNTINGTON BEACH f ACCEPTANCE The undersigned, being the duly authorized agent of CITY OF HUNTINGTON BEACH, does hereby accept on behalf of CITY OF HUNTINGTON BEACH, Quitclaim Deed 1004-23-30 , 1004-24-7 , and 1004-25-1 from THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation, in trust, and consents to the recordation of the same. DATED: TEST: City C1er b Recorded at the Request of THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, IN TRUST - ____�._._______ ......_.......� ._ . .- - -waw•� -<•° When Recorded Mail to THE METROPOLITAN WATER DISTRICT / OF SOUTHERN CALIFORNIA Post Office Box 54153 Los Angeles , California 90054 DOCUMENTARY TRANSFER TAX $ NONE (Exempt-Chapter 1108-Statute 1969) QUITCLAIM DEED v 1004-23-30 o p 1004-24-7 1004-25-1 vt v u, CITY OF HUNTINGTON BEACH, a municipal corporation, does hereby Quitclaim to IRVINE RANCH WATER ' DISTRICT, a California Water District, all rights granted to City of Huntington Beach, a municipal corporation, in the Grant Deed recorded July 3, 1980 , in Book 13656 , page 12, G4<.; Official Records of Orange County, California. 'J r:" Dated:,//� Y C OF HUNTI_ N BE CH G ^~ v v O r. g;.. n IJ Atte CIT L _ k JSA/bl Authorized by San Joaquin Reservoir Trust Agreement, as amended, dated July 1, 1980 ? A C. 10 FOB' o T1; �Y1111 Recorded at the Request of �.�YY •_.,._, ...._.,__._. THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, In Trust When Recorded Mail to THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Post Office Box 54153 Los Angeles, California 90054 DOCUMENTARY TRANSFER TAX $ NONE (Exempt-Chapter 1108-Statute 1969) QUITCLAIM DEED c.3 S 1004-23-30 c� 1004-24-7 1004-25-1 CITY OF HUNTINGTON BEACH, a municipal corporation, hereby Quitclaims to THE IRVINE COMPANY , a Michigan corporation, a Consent to Assignment recorded July 3 , 1980 , in Book 13656 , CV page 24 , of Official T:ecords of Orange County. o Dated ` TY OF HU INGTO B H AM y � By i CITY CLERK JSA/bl Authorized by San Joaquin Reservoir Trust Agreement, as amended, dated July 1 , 1980 . x b .....................v+ .......,:_ ,'..,:.. r,:' :,.,..a..,-..r, ti r,.,. ' ..vix i::..1 .<..�.-t-, "i ar..st• "l qu.F.: w'iA.S,... r_Y, TbX i ACCEPTANCE The undersigned, being the duly authorized agent of CITY OF HUNTINGTON BEACH; does hereby accept on behalf of CITY OF HUNTINGTON BEACH, Grant Deed 1004-23-30 and 31, 1004-24-7, and 1004-25-1, from Irvine Ranch Water District, a California Water District, and consents to the recordation of the same . DATED: M or ATTE T: City Clerk C. . �•t't�.rpe'� y w r t •t 5 k i,r;�1 I r. Recorded at the Request of THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, IN TRUST When Recorded Mail to THE METROPOLITAN WATER DISTRICT f / OF SOUTHERN CALIFORNIA Post Office Box 54153 Los Angeles, California 90054 DOCUMENTARY TRANSFER TAX $ NONE (Exempt-Chapter 1108-Statute 19691, GRANT DEED - 1004-23-30 & 31 p 1004-24-7 1004-25-1 CITY OF HUNTINGTON BEACH, a municipal corporation, hereby grants to THE METROPOLITAN WATER DISTRICT OF SOUTHERN z; 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 13 . 11 percent interest in the real property in the City of Irvine Count of Orange, State of California Y Y g � described in attached Exhibit "A" . ry rS f J ,�,��,g� Dated:A6&22 5 / y,�yCH 7ByW- A1' , f"-' CITY CLERK JSA/lh Authorized by San Joaquin Reservoir Trust Agreement, as amended, dated July 1, 1980 EXHIBIT "A" Parcel 1 1004-25-1 Those portions of Blocks 97 and 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 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 S 500 00 ' 0011 E 2, 640 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 common corner of Blocks 91, 97, and 98 of said Irvine ' s Subsivision; thence S 30 231 13t1 E 1, 553 . 05 feet to a brass disc set in concrete, set by the United States Coast Guard and Geodetic Survey, and designated as "Browning" ; thence S 550 45 ' 3011 E 294.18 feet to the TRUE POINT OF BEGINNING; thence S 400 46 ' 2011 E 197 . 60 feet; thence N 00 34 ' 3491 E 461. 17 feet; thence S 890 241 5911 W 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 N 00 341 4411 W 175. 56 feet; thence N 570 061 0311 E 45 . 91 feet; thence N 10" 55 ' 331' E 115 .32 feet; thence N 280 461 3211 E 157 .16 feet; thence N 630 28 ' 4411 E 41 . 15 feet; thence N 21' 08 ' 06t1 W 119 . 62 feet; thence N 00 331 4411 W 70 . 00 feet; thence N 580 39 ' 501' W 76 .64 feet; thence N 460 191 4811 E 488 . 92 feet; thence N 530 361 161' E 74.00 feet; thence N 28' 141 3111 E 140 . 12 feet; thence N 820 081 2911 E 23 . 00 feet; thence S 90 411 13t1 E 175 .77 feet; thence N 800 181 4711 E 120 . 00 feet; thence N 9° 41 ' 1311 W � 171 . 94 feet; thence N 82° 081 2911 E 197 . 66 feet; thence, S 7° 511 3111 E 85 .38 feet to the beginning of a curve concave northeasterly having a radius of 100 feet; thence southerly, c�V"� southeasterly, and easterly 141.87 feet along said curve Z through an angle of 810 171 0111 ; thence S 890 08 ' 3211 E C4 289 . 10 feet; thence S 80 001 3611 E 820 . 76 feet; thence S 330 091 0911 E 1,465 .88 feet; thence S 13° 251 1411 E 680 . 00 feet; thence S 690 081 2011 W 270 .27 feet; thence C1: Exhibit "A" 1004-25-1 -2- S 850 37 ' 08" W 222 .77 feet; thence N 24' 13 ' 10" W 437 .65 feet; thence S 760 34 ' 46" W 40 . 00 feet; thence S 450- 42 ' 22" W 309 .17 feet; thence S 111 38 ' 25" W 1, 024. 86 feet; thence S 750 55 ' 07" W 289 .80 feet to an angle on the easterly boundary of Tract No . 9859 as per Map recorded in Book 435, pages 1, 2, 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 : N 22' 17 ' 13" W 1, 261 .95 feet; N 120 29 ' 51" W 488 . 09 feet; N 22° 52 ' 39" W 454 .58 feet; N 510 20 ' 49" W 77 .21 feet; and N 15' 52 ' 51" W 276 . 97 feet to the True Point of Beginning. Parcel 2 1004-24-7 A nonexclusive easement for ingress and egress over Lots A and B and a 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 in Book 12848, page 1899 , of the Official Records of the County of Orange, California. Parcel 3 1004-23-30 A nonexclusive, relocatable easement for ingress and egress over a strip of land 30 feet wide in Blocks 91 and 98 of Irvine' s Subdivision, in the City of Irvine, and in the unincorporated territory of the County of Orange, n State of California, as shown on map recorded in Book 1, page 88 , of Miscellaneous Maps in the office of the Recorder of said County, said strip of land 30 feet wide, lying `2=-' ry` 15 feet, measured at right angles or radially, on each side of the following described center line: LC"2 In the following center line description all curves are tangent to the straight lines which they join: Exhibit "A" 1004-23-30 -3- Commencing at the southeasterly terminus of that certain course in the center line of Hillside Drive shown as having a bearing and distance of S 340 011 1211 E 148 .14 feet on map of Tract No. 8787, recorded in Book 367, pages 28, 29, and 30, of Miscellaneous Maps in the office of said County Recorder; thence N 340 001 3711 W, along said certain course mentioned above, 148 . 14 feet to the northwesterly terminus thereof and the TRUE POINT OF BEGINNING; thence N 520 441 0111 E 429 . 75 feet; thence S 420 32 ' 4711 E 50 . 15 feet to the beginning of a curve concave northeasterly and having a radius of 45 feet; thence southeasterly, along said curve, through a central angle of 220 151 0011 , an arc distance of 17 .48 feet; thence S 640 471 4711 E 45 .37 feet to the beginning of a curve concave southwesterly and having a radius of 100 feet; thence southeasterly, along said curve through a central angle of 48° 151 00f1 , an arc distance of 84.21 feet; thence S 160 321 4711 E 65 . 73 feet to the beginning of a curve concave northeasterly and having a radius of 150 feet; thence southeasterly, along said curve, through a central angle of 390 15 ' 00t1 , an arc distance of 102 .76 feet; thence S 550 471 4711 E 135 . 09 feet to the beginning of a curve concave southwesterly and having a radius of 200 feet; thence southeasterly, along said curve, through a central angle of 80 15 ' 00" , an arc distance of 28 .80 feet; thence S 470 321 4711 E 109 . 99 feet to the beginning of a curve concave southwesterly and having a radius of 200 feet; thence southeasterly, along said curve, through a central angle of 320 391 19t1 , an arc distance of 113 . 99 feet; thence S 140 531 2811 E 350 . 81 feet to a point on that certain course mentioned as having a bearing and distance of S 420 06 ' 5411 W 560 .44 feet in Parcel C of those certain strips of land conveyed to The Irvine Ranch Water District by deed recorded in Book 6860, page 91, of Official Records in the office of said County Recorder, said point being distant thereon N 420 061 5411 E 75 .45 feet from the south- westerly terminus thereof; thence' S 140 53 ' 2811 E 116 .86 feet; thence S 150 181 5711 E 316 .33 feet to the beginning of a curve concave northeasterly and having a radius of 300 feet; thence southeasterly, along said curve through a central angle of 110 361 4211 , an arc distance of 60 .80 feet; thence S 260 551 3911 E 101 . 12 feet to the beginning of a curve 0 � concave southwesterly and having a radius of 300 feet; thence southeasterly, along said curve through a central Z -1t, angle of 10 351 3911 , an arc distance of 8 .35 feet; thence h � I S 25° 20 ' 00" E 123 . 52 feet to the beginning of a curve concave northeasterly and having a radius of 300 feet; thence south- northeasterly easterly along said. curve through a central angle of 12° 02 ' 57" , Exhibit "A" 1004-23-30 -4- an arc distance of 63 . 09 feet; thence S 370 22 ' 57" E 66.32 feet to the beginning of a curve concave southwesterly and having a radius of 300 feet; thence southeasterly, along said curve through a central angle of 270 27 ' 1411 , an arc distance of 143 . 75 feet; thence S 90 55 ' 43" E 280 . 62 feet to the beginning of a curve concave northeasterly and having a radius of 300 feet; thence southeasterly along said curve through a central angle of 250 23 ' 5911 , an arc distance of 132 . 99 feet; thence S 350 19 ' 42" E 97 . 05 feet to a point on that certain course having a bearing and distance of N 28' 14' 311' E 140. 12 feet in the Deed from the Irvine Company to Irvine Ranch Water District for the San Joaquin Reservoir Property, recorded June 4, 1965, in Book 7545, page 621, of Official Records in the office of said County Recorder, said poing being distant thereon N 280 47 ' 42" E 55 . 98 feet from the southwesterly terminus thereof. The sidelines of said 30-foot-wide strip of land shall be prolonged or shortened so as to terminate northwesterly in the easterly line of said Tract No . 8787 and so as to terminate southeasterly in that certain course mentioned above as having a bearing and distance of N 28' 14' 31" E 140 . 12 feet. Containing 1 .78 acres , more or less . Parcel 4 1004-23-31 A nonexclusive easement for ingress and egress over a parcel of land in Lot 1 of Tract No. 8787, ' in the City of Newport Beach, County of Orange, State of California, as shown on map recorded in Book 367, pages 28, 29, and 30, of Miscellaneous Maps, in the office of the Recorder of the County of Orange, said parcel of land being all that portion of said Lot 1 lying northeasterly of a line which is parallel or concentric with and distant 15 feet southwesterly, measured �3 at right angles or radially, from the following described Ya traverse line: Commencing at the southeasterly terminus of that yC"� Q certain course in the center line of Hillside Drive shown as � + having a bearing and distance of S 340 01 ' 12" E 148 . 14 feet �- p recorded in Book 367, pages 26, on ma of Tract No . 8787, Exhibit "A" 1004-23-31 -5- 29 , and 30, of Miscellaneous Maps in the office of said County Recorder; thence N 34' 001. 37" W, along said certain course mentioned above, 148 .14 feet to the northwesterly terminus thereof and the TRUE POINT OF BEGINNING; thence N 520 44' 01" E 429 . 75 feet; thence S 42' 32 ' 49" E 50 .15 feet to the beginning of a curve concave northeasterly and having a radius of 45 feet; thence southeasterly, along said curve, through a central angle of 220 15 ' 0011 , an arc distance of 17 .48 feet; thence S 640 47 ' 4911 E 45 .37 feet to the beginning of a curve concave southwesterly and having a radius of 100 feet; thence southeasterly, along said curve through a central angle of 480 15 ' 0011 , an arc distance of 84.21 feet; thence S 160 32 ' 49" E 65 . 72 feet to the beginning of a curve concave northeasterly and having a radius of 150 feet; thence southeasterly, along said curve, through a central angle of 390 15 ' 0011, an arc distance of 102 .76 feet; thence S 550 47 ' 49" E 135 .08 feet to the beginning of a curve concave southwesterly and having a radius of 200 feet; thence southeasterly, along said curve, through a central angle of 80 15 ' 0011 , an arc distance of 28 .80 feet; thence S 470 32 ' 49" E 101 .86 feet to the beginning of a curve concave southwesterly and having a radius of 200 feet; thence southeasterly, along said curve, through a central angle of 340 49 ' 1811 , an arc distance of 121 .55 feet; thence S 12o 43 ' 31" E 355 . 63 feet to a point on that certain course mentioned as having a bearing and distance of S 420 06 ' 54" W 560 .44 feet in Parcel C of those certain strips of land conveyed to The Irvine Ranch Water District by deed recorded in Book 6860, page 91, of Official Records in the office of said County Recorder, said point being distant thereon N 420 06 ' 54" E 87 .81 feet from the south- westerly terminus thereof; thence S 420 061. 54" W 117 .60 feet; thence S 260 28 ' 28" E 1 , 015 .19 feet to the beginning of a curve concave northeasterly and having a radius of 400 feet; thence southeasterly along said curve through a central angle of 36' 33 "25" , an arc distance of 255 .22 feet; thence S 630 01 5311 E 204. 94 feet; thence S 9 401 13 E 20 . 05 feet to the point of ending. Containing 0. 03 acre, more or less . Dated. August 24 , 1984 REQUEST FOR CITY C UNC1 ACTT Date November 8 , 1984 Submitted to Honorable Mayor and City Council y' y 1 ROVED BY CITY COUNCIL Submitted b Charles W. Thompson ,, Cit Administrate Prepared by: Paul E . Cook, Director ofPublic work �'s —` � --19....w• Subject: Access Road to San Joa uin Reservoirr4 � q L-�s-- CPr ,,UK Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE : . The Metropolitan Water District advises that a discrepancy was recently found in the legal description of the existing access road to the San Joaquin Reservoir . Also , it is necessary to acquire 0 . 03 acres for realignment of the access road to Ford Road . RECOMMENDATION: Approve road realignment and authorize Mayor and City Clerk to execute necessary documents as follows : Exhibit A: Acceptance of Quitclaim Deed from MWD ; Exhibit B: Quiteclaim Deed to Irvine Ranch Water District ; Exhibit C and D : Not applicable ; Exhibit E : Quitclaim Deed , to Irvine Company ; . Exhibit F: . Not applicable : Exhibit G : Acceptance of Grant Deed from Irvine Ranch itiate District , and ; Exhibit H : Grant Deed to MWD. ANALYSIS : The City of Huntington Beach owns 13 . 11% of the Reservoir , with the balance owned by seven governmental. entities . MWD, under a Trust Agreement operates and maintains the reservoir on behalf of the e" ht owners . Documents to be executed will correct a discrepancy in the access road legal description and accomplish realignment of the access to Ford Road . FUNDING SOURCE : None required . CWT: PEG :ENE :ek Attachments ( 6 ) V„A77R DIVI'!ON CITY OF HUNTINGTON 3EACH The Metropolitan Water District of Southern California September 7, 1984 San Joaquin Reservoir Trust Agrec7!ment San Joaquin Reservoir Parcels 1004-23-30 and 31 1004-24-7 and 1004-25-1 City of Huntington Beach Post Office Box 190 Huntington Beach, CA 92648 Attention Water Department Gentlemen: - Realignment of Access . Easement On July 1 , 1980 , eight agencies consisting of Irvine Water District (IRWD) ; The Metropolitan Water District of Southern California (MWD) ; City of Huntington Beach (Huntington Beach) ; City of .Newport Beach (Newport Beach) ; Mesa Consolidated Water District (Mesa) ; Laguna Beach. County Water District (Laguna Beach) ; South Coast County Water District (South Coast) ; and The Irvine Company (TIC) .entered into an agreement for the operation and maintenance of the San Joaquin Reservoir and its related facilities (Reservoir) , known as San .Joaquin Reservoir Trust Agreement (Trust Agreement) . Subsequently, a discrepancy was noted in the legal description of the existing access road to Reservoir. It was also necessary to acquire more land in developing the realignment of the access easement from Ford Road, Whic�i -ras accomplished by MWD. The Trust Agreement provides for MWD to act as Trustee (MWD in Trust) in the operation and maintenance of Reservoir; however, any activity pertaining to the acquisition or disposal of real property must be approved by each of the eight agencies. MWD acquired 0. 03 acre from Harbor View_ Knoll . Community Association adjacent to Ford Road. For this land, .� and the other land involved in the realignment of the access road to be legally included as Trust property within=the Trust Agreement, they must be deeded to and accepted by each of the eight agencies. 1111 Sunset Boulevard,.Los Angeles,Cali;.;Mailing address: Box 54153,Los Angeles,Calif.90054%Telephone: i213i 250-6000 The Metropolitan Water District of Southern California City of Huntington Beach -2- September 7 , 1984 In accordance with the terms of the Trust' Agreement, it was necessary to commence a reversal of real property rights, in proportionate shares, from MWD in trust and each of the parties to the Trust Agreement to TIC, then reacquire by deeds the access easement, reservoir, and related facilites in proportionate shares from TIC and each of the parties to the Trust Agreement to MWD in trust. Attached is a copy of MWD' s Right of Way Maps 1004-,:.3, 24, and 25 delineating in yellow the reservoir and access easements. The following procedure is necessary to complete this transaction: 1. Quitclaim all rights relating to Reservoir from MWD in trust to the eight agencies, with acceptances . (Copies shown as Exhibit "A" . ) 2. Quitclaim all rights relating to Reservoir from the eight agencies to IRWD, with acceptances. (Copies shown as Exhibit "B" . ) 3. Quitclaim all rights relating to Reservoir from IRWD to .TIC, with acceptance. (Copy shown as Exhibit "C" . ) 4. Quitclaim all rights acquired from Harbor View Knoll Community Associc ,.ion by MWD; and convey those. same rights to TIC by permanent road ease- ment deed from Harbor View Knoll Community Association. (Copies shown as Exhibit "D" . ) 5. Quitclaim Consent to Assignment for ingress and egress purposes from eight agencies to TIC, with acceptances. (Copies shown as Exhibit "E" . ) 6. Grant Deed with description of Reservoir and new easements from TIC to IRWD, with acceptance. .(Copy shown as Exhibit "F" . ) 7. Grant Deed with description of Reservoir and new easements from IRWD to eight agencies , with acceptances. (Copies shown as Exhibit "G" . ) 8 . Grant Deed with description of Reservoir and new easements from eight agencies to MWD in trust, with acceptances. (Copies shown as 3 Exhibit "H" . ) '�_ the Metropolitan Water District of Southern California City of Huntington Beach -3- September 7, 1984 Exhibits A through H, which are copies of all documents that will be executed to complete this transaction, are to be retained by you for your records. The enclosed original deeds are to be executed, acknowledged, and returned to this headquarters for further processing. Also enclosed are "Acceptance" certificates to be executed and returned to this headquarters . When these certificates have been received from the eight agencies, they will be attached to the appropriate deeds or documents for recording. MWD in trust, will consolidate all documents and hand-carry them to the Orange County Recorder for recording in proper priority. After recordation and receipt of the documents,, distribution of each .orig.inal will be made to the appropriate grantee and copies will be mailed to all other agencies. original counterparts of .,this letter with deeds and/or documents, as applicable, were mailed to all eight agencies. Thank you for your cooperation in this matter. Very.,_truly yours, Carl Boronkay "'General Manager n By Assistant Genera Manager . JSA/lgb Encls. > 1 "The Metropolitan Water District of -Southern California, a public corporation, in trust, is authorized to _ insert the date on said "Acceptance" certificate, which date will be either the date of the deed or any subsequent date , and is further authorized to attach said "Acceptance" certificate to the deed and record same. " Further, it would be appreciated if each agency would send to Metropolitan Water District, in trust, a copy of the resolution for record purposes. RECEIVED \nor. r�R nV,S!ON 1984 e cirY OF , 1 HUNTINGTON BEACH Recorded at the Request of THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, IN TRUST When Recorded Mail to THE METROPOLITAN WATER DISTRICT OF. SOUTHERN CALIFORNIA Post Office .Box 54153.. . Los , Angeles, California 90054 DOCUMENTARY TRANSFER TAX $ NONE (Exempt-Chapter ll08-Statute. 196.9.) GRANT DEED 1004-23-30. & :31.. . a a 100.4-24-7 1004-25-1 CITY OF HUNTINGTON BEACH, a municipal corporation, 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 92 P M dated July 1, 1980, as it may be- from time to time amended, I its undivided 13 . 11 percent interest in the real property ' y in the City of Irvine, County. of Orange, State. of California, described in attached Exhibit -"A" . PL4 +; Dated: CITY OF HUNT INGTON- BEACH By Attest: JSA/lh Authorized by San Joaquin Reservoir Trust Agreement, as amended, . dated July� 1, 1980 City l�tt� � ' 1 EXHIBIT "A" Parcel 1 ' 1004-25-1 Those ,portions of Blocks 97 and 98 of the Irvine ' s Subdivision, in -the County of Orange, State of Caiiiornia, 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 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 S 500 ,001 00" E 2,640 feet to a brass disc set in concrete, set by said surveyor, to mark the most easterly corner of Block 92 of said Irv=.ne ' s Subdivision and common corner of Blocks 91, 97, and 98 . of said Irvine' s Subsivision; thence S 30 231. 1311 E 1, 553 . 05 feet to a brass disc set in concrete, set by the United States Coast Guard and Geodetic Survey, and designated as "Browning" ; thence S 550 45 ' 30" E 294. 18 feet to the TRUE POINT OF BEGINNING; thence S 400 46 ' 20" E 197 . 60_ feet; thence N 00 34 ' 34" E 461 . 17 .1feet' thence S 8901, 241 ,5911 W 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 coun ylRecorder; thence 'aiong said. prolongation and said y line N 00 34' 44" W. 175 .56 feet; thence N 570 06' 03" Z 45 . 91 feet; thence N 10° 55 ' 33" E 115 .32. feet; thence N 280 46 ' 32" E 157. 16 feet; thence N 630 28 ' 44" E 41 .15 feet; thence N 210 081 . 06" W 119 .62 feet; thence N 00 33 ' 44" W 70 . 00 feet; thence''N 580 39 ' 50" W 76 . 64 feet thence N 460 19 ' 481! E 488 . 92 feet; thence N 531 36 ' 16" E 74 .00 feet; thence N 280 14 ' 31"' E 140 .12 feet; thence . N 820 08 ' 29" E 23 . 00 feet; .thence S 90 41 ' 13" E 175 .77 feet; thence N 800 18 ' 47" E 12.0:00 : feet; thence N 9° 41 ' 13" W 171 . 94 feet; thence °N 82'0 0;8' 29" E 197,.66 feet; thence S 70 51 ' 31" E 85 3'8 feet to .the . beginning of a curve concave N northeasterly having a radius of 100= feet; .. thence: southerly, (La southeasterly, and easterly 141.87 feet along said curve through an angle of. 8.1° :.17 '',,. 01" ; . .thence S 890 08 ' 32" E 289 . 10 , feet; thence ,S 8° 00 ': 36'.' .E. _820 .76 feet; thence a c� S 330 091. 09" Z l,465 88 . feet.;, thence S 130 25 ' 14" E w Q 680 . 00: feet; thence S 69° 08 ':;'" 20" W 270.27 feet; thence o . 1 V' .Exhibit "A" 1004-25-1 -2- S 850 37 ' 08" W 222-. 77 feet;- thence. N. 240 13 ',: 1Gt'_ W...437. 65 feet; thence S 76 34 .. .. ' 46" W� 4 0 .00 feet; thence S 450 42' 22" W 309 .17 feet.; thence S 11°. ;3.8.' 25" .W 1, 024.86 feet;.., .thence .. S-75° 55 ' 07" W 289 .80 "feet to an . angle on the easterly boundary_ of Tract No. 985.9. as per. Map. recorded__ in Book 435, pages 1, 2 , and 3 of Miscellaneous Maps; thence along said easterly boundary and the easterly boundary of Tract N.o. , 9588 as per map recorded in 'Book` 400,' 'pages 25 to 28'. inclusive, of said Miscellaneous Maps:, the following cours_es.: _:, N 220 17 ' 13" W 1,261 .95' feet;" N 1-2°­29 ' 51" W '488 .09 feet; N 22`52 ' 39" W 454.58, .feet;-.. N 510 20 ' 491' W 77.:21 .feet; and N 15' 52 ' 51" W 276 .'97' feet to the true- Point of Beginning. Parcel" 2 1004-24=7_ A nonexclusive easement for ingress and egress over Lots A and B and a portion of Lot 8 of Tract No. 9858 , in the County of Orange, State of California, as per map recorded in Book 436, pages l .to 7,, of iNliscellaneous. Maps, in the office of the County Recorder of said County, as shown on the grant of -easement recorded in Book 12848, page 1899, of the Official Records of the County of Orange, California. Parcel 3 1004-23-30 A nonexclusive, relocatable easement for ingress and egress over a 'strip of land 30 feet wide in Blocks 91 and 98 of Irvine ' s Subdivision, in.:the City of Irvine, and in the unincorporated territory of..the County of Orange, State of- California, as shown on map recorded in Book 1, $ page 88, of Miscellaneous Maps in the office of the Recorder of said County, said strip of land 30 feet wide, lying 15 feet, measured at right angles. or radially, on each side o�'. of the following described center line. 05 0.� In the following center line description all p`= curves are tangent to the straight lines which they ,oin: Exhibit "A" 1004-23-30 -3- Commencing at the" southeasterly terminus of that certain course. in the center line of Hillside Drive shown as having a bearing and distance of S 340 01 ' 12" E 148 . 14 feet on map= of Tract No . 8787, recorded in Book 367, pages 28, 29, and 30, of Miscellaneous Maps in the office of said County Recorder; thence N 340 00 ' 37" W, along said certain course mentioned above, 148 . 14 feet to the northwesterly terminus thereof and the TRUE POINT OF BEGINNING; thence N 520 44 ' 0111 ,E 429 . 75 feet; thence S 42° 32 ' 47" E 50 . 15 feet to the beginning of a curve concave northeasterly and having a radius of 45 feet; thence southeasterly, along said curve, through a central angle of..220 15 ' 0011 , an arc distance of . . 17.48 feet; thence S 640 471 '47" E 45 .37 feet to the beginning . .of . a curve. concave southwesterly and having a radius of 100. feet; thence southeasterly, along said curve through a central angle of 481 15 ' 0011 , an arc distance of 84.21 feet; thence S 160 32 ' 47" E 65 . 73 'feet to the beginning of a curve concave northeasterly and having a radius of 150 feet; thence southeasterly, along .said curve, through a central -angle of 390 15 ' 0011 , an arc distance of 10276 feet; thence S . 550 471.' 47" E 135 . 09 :feet to the beginning of a curve ' concave southwesterly and having a radius of 200` feet.; thence southeasterly,- along said curve, through °a'central angle .of 80 15 ' 0011 , an arc distance of 28 .80 feet; thence S 470 32 ' 47" E . 109 . 99 feet to the beginning' o`f ''a curve concave southwesterly and having a radius of 200 feet; thence southeasterly, along said curve, through a central angle of 320 39 ' 1911 , an arc distance of 113 .99 feet; thence S 140 . 531 28" E 350,81 feet to a point on that certain course mentioned as having a bearing and distance. of S 420 06 ' 54" W 560 .44 feet in Parcel C of those certain strips of land conveyed to The Irvine Ranch Water District by deed: recorded; in Book 6860, page 91, of Official Records in the office of said County Recorder, said point being distant thereon N 420 06 ' 54" E 75 .45 feet from the south- westerly terminus thereof; thence S 14° . 53 ' 28" E 116 .86 feet; thence S. 15° 18 ' 5711 -E .316 .33 feet to the beginning of a curve; cohcave northeasterly and having a radius of 300 feet; thence southeasterly, along said curve through a central. Q angle of 110' ;36 '- 4211 , an arc distance of 60 .80 feet; thence w S 26° 55 ' 39" E. 101 .12 feet to the beginning of a curve concave southwesterly and having a radius of 300 feet; thence southeasterly, along said curve. through a central -� angle of 10 35 ' 39", an are distance of 8 .35 feet; thence S 250 20 ' 00" E123 . 52 feeti'to the beginning of a curve concave 1 northeasterly and having a radius of 300 feet; thence south- easterly along said curve through a central angle of 12° 02 ' 57" , / 9 Exhibit "A" 1004-23-30 -4- an arc -distance of 63 . 09 feet; thence S 370 22 ' 57" E 66 .32 feet to the beginning of a curve .concave , southwesterly and having a radius of. 30.0 feet; thence southeasterly, along said, curve through.. a. central angle. of 27' 27' -:1411 , an arc distance of . 143 . 75 feet; thence S 90 55 ' 43" E, 280. 62 feet to the beginning of a` curve concave northeasterly and having a .radius of300 feet; thence southeasterly along said curve through a central angle of 250 23 ' 5911 , an arc distance of 132 . 99 feet; thence S 350 19 ' 42" E. 97.. 05 feet-.. to a point on that certain course having a, bearing and distance of N 28°. 14,' 31" ,E 140,:12 feet in the: Deed from the .Irvine.:.Company to Irvine ,Ranch, Water District .for. the:. San Joaquin Reservoir Property, recorded: June. 4, 1965, . in Book 7545,;:page.•. 621,,.,.o-f .Official Records, ; n, the office - of•.maid County Re.corder- , sa d poing..being distant thereon N. 280. 4:7 42" E 55 . 98 feet-,from the. southwesterly terminus thereof. , The 'sidelines of.,•said 30.7.foot-wide strip of band shall be prolonged or shortened so as:,to terminate-. northwesterly in the easterly line of said Tract..No,. .8787 and so , as,, to terminate southeasterly in that' certain, course. menti.oned above as. having_. a bearing, and:,,distance::, of -N.: 28°, 1411! 31", E . 140 .12 feet. • s Containing.. 1 .78 a,cres..,•�.mor.e or less Patcel 4.;. 1004-23-31 A nonexclusive easement-.! for ingress.. .and: egress` over. a- parcel of land in Lot I .o:f. Tract- No.. 8787 , ' in the City of Newport Beach, County of-. Orange, State of California, as shown on map recorded in_ Book 367., ..pages 28 29.,. and 3.0 of Miscellaneous- Maps,- in the- office of .the Recorder., of...the. County of Orange, said-parcel of :Tand being all that portion of said Lot 1-lying northeasterly of aline which is. parallel or concentric with and distant .15 feet southwesterly,,, measured at right angles:. or radially, from.�the following described traverse line. � CO o , Commencing at the southeasterly terminus of that �• Ci� certain course in the center line of Hillsi Drive shown as 1de havinga bearing and distance. ofS 34° Oi 'k 367, pages 28,12" E 148 .14 feet Q¢ on map of Tract No. 8787, recorded in Boo O Exhibit "A" 1004-23-31 -5- 29, and 30, of Miscellaneous Maps in the office of said County Recorder; thence N 341 00 ' 37" W, along said certain course mentioned above, 148 . 14 feet to the northwesterly terminus thereof and the TRUE POINT OF BEGINNING; thence N 520 44 ' 01" E 429 .75 feet; thence S 426 32 ' 49" E 50 .15 feet. to the beginning of a curve concave northeasterly and having a radius of 45 feet; thence southeasterly, along said curve, through a central angle of 220 15 ' 0011 , an arc distance of 17.48 feet; thence S 640 47 ' 49" E 45 .37 feet to the beginning of a curve concave southwesterly and having a , radius of 100 feet; thence southeasterly, along said curve through a central angle of .48° 15 ' 00" , an arc distance of 84.21 feet; thence S 160 321' '49" ' E 65 . 72 feet to the beginning of a curve concave northeasterly and having a radius of 150 feet; thence southeasterly, along said curve, through a central angle of 39° 15 ' 00" an arc distance of 102 .76 feet; thence S 550 47 ' 49" E 135 . 08 feet to the beginning of a curve concave southwesterly and having a radius of 200 feet; thence southeasterly, along said curve, through a central angle of 80 15 ' 0011 , an arc distance of 28 .80 feet; thence S 470 32 ' 49" - E 101 .86 feet to the beginning of a curve S, southwesterly and .having a radius of 200 feet; thence southeasterly, along said curve, through a central angle of. 340 49 ' 1811 , an arc distance of 121. 55 feet; thence S 120 43 ' 31" E 355 .63 feet to a point on that certain course mentioned as having a bearing and distance of S 42° 06 ' 54" W 560 .44 feet in Parcel C of those certain strips of land conveyed to The Irvine Ranch Water District by deed recorded .in Book 6860, page 91, of Official Records in the office of said County Recorder, said point being distant thereon N .420 06 ' 54" E 87 .81 feet from the south- westerly terminus thereof; thence S 420 061. 54" W 117 .60 feet; thence S 260 28 ' 28" E 1, 015 .19 feet to the beginning of a curve concave northeasterly and having a radius of 400 feet; ,a �, thence southeasterly along said curve through a central rn angle of 360 33 ' 2511 , an arc distance of 255 .22 feet; thence S 630 011- 53" E 204. 94 feet; thence S 90 40 ' 13" E 4 20.05 feet to the point of ending. ¢ Containing 0 . 03 acre, more or less . Dated: August 24 , 1984 so G I� ACC,EPTANCE. . .. . _ The undersi ned bei;i g g the duly "authorized agent of CITY 'OF HUNTINGTON BEACH;, does hereby.`accep.t on behalf cf CITY- .OF" HUNTINGTON. BEACH, Grant_: Deed 1.004-23-30 and 31 1004-24-7 , and 1004-25-1 , from, Irvine;. Ranch Water. District, a" Cali€orn a Water District:, . and consents to. I the. recoraation` of the same . DATED: %A r Recorded ..at the Request of THE METROPOLITAN WATER DISTRICT , OF SOUTHERN CALIFORNIA, In Trust When Recorded Mail to THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Post Office Box 54153 Los Angeles , California 90054 DOCUMENTARY TRANSFER TAX $ NONE (Exempt-Chapter 1108-Statute 1969) QUITCLAIM DEED vx q 1004-23-30 1004-24-7 1004-25-1 al: , a � CITY Or HUNTINGTON BEACH, a municipal corporation, hereby Quitclaims to THE IRVINE COMPANY , a Michigan corporation, ;Q w Consent to Assignment recorded July 3, 1980 , in Book 13656, tP, ,.... 0 page 24 , of Official Records of Orange County. v o Dated CITY OF HUNTINGTON BEACH By By JSA j b1 Authorized by San Joaquin Reservoir Trust Agreement, as amended, dated July 1 , 1980 . s l OIL tl Recorded- at the Request of THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, IN TRUST When Recorded Mail to THE METROPOLITAN WATER DISTRICT: OF SOUTHERN :CALIFORNIA Post Office Box 54153 Los Angeles, California 90054 DOCUMENTARY TRANSFER TAX $ NONE (Exempt-Chapter 1108-Statute '196,9) - . QUITCUAIM DEED n 1.00A4 ,24_=..7 CITY OF •HUNTINGTON-•..BEACH,' a"municj-Pal cz corporation, ' does hereby Qu te-laim to.= IRVINE RANCH J47ATER , z DISTRICT, a California Water' Distric-t, ---all rights-:grant d::to M --: City of Huntington Beach, a °mun elpa corporation, in;_:ahe c> Grant Deed` recorded July 3 1980 in Book . 13.656 ,. Official Records of Orange- County, �Ca1ifornia. Dated:, C!TY OF HUNTINGTON ."BEACH . By Attest: JSA/bl. Authorized by $an. Joaquin Reservoir Trust Agreement, as amended-,` dated July 1, 1980 I ' r ACCEPTANCE The undersigned, being the duly authorized agent of CITY OF HUNTINGTON BEACH, does hereby accept on behalf of CITY OF HUNTINGTON BEACH, Quitclaim Deed 1004-23-30 , 1004-24-7 , and 1004-25-1 from THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation, in trust, and consents to the recordation of the same. DATL�i Mayor DATE ATTEST: City Cierk rn w g• 1-15 iG TO Bi_AC Fi The Metropolitan Water District ®f Southern California Nov 12 1985 Office of the General Manager San Joaquin Reservoir Parcels 1004-23-30 and 31, 1004-24-7, and 1004-25-1 City of Huntington Beach Post Office Box 190 Huntington Beach, CA 92648 Gentlemen: Transmittal of Deeds Reference is made to Metropolitan Water District ' s letter dated September 7, 1984, whereby the procedure to correct a discrepancy in the legal description of the existing access road to the San Joaquin Reservoir was explained. Subsequently, documents were prepared and executed by the applicable agencies involved in this transaction, and recorded in the Official Records of the Orange County Recorder on August 28 , 1985. Enclosed for your records are original recorded and unrecorded documents and related copies pertaining to this transaction, as shown on the attached exhibit . This concludes the necessary action to rectify the above-mentioned discrepancy. Thank you for your cooperation in this matter . Very truly yours , Wi 1ism E. V" a Assistant Dike t r Right of Way is Land Division JSA/dm Encls. 1 111 Sunset Boulevard,Los Angeles,Calif. Mailing address:Box 54153,Los Angeles,Calif.90054 ° Telephone:(213)250-6000 xB TYPE OF { - RECORDING DOCUMENT FROM 04' TO INFORMATION A. Original Quitclaim Deed 1004-23-30, The Metropolitan Water City of Huntington Beach August 28, 1985 1004-24-7, 1004-25-1 District of Southern #85-323187 California, in trust B. Copies Quitclaim Deed 1004-23-30, City of Huntington Beach Irvine Ranch Water Dist. August 28, 1985 1004-24-7, 1004-25-1 #85-323195 *Grant Deed 1004-23-30 and 31, Irvine Ranch Water Dist. City of Huntington Beach August 28, 1985 1004-24-7, 1004-25-1 #85-323204 Grant Deed 1004-23-30 and 31, City of Huntington Beach The Metropolitan Water August 28, 1985 1004-24-7, 1004-25-1 District of Southern #85-323206 California, in trust C. Unrecorded Quitclaim Deed 1004-23-30, City of Huntington Beach The Irvine Company 1004-24-7, 1004-25-1 *Only one grant deed required and recorded, since it shows individual interest ownership of each agency as grantee. Original recorded document to Irvine Ranch Water District. A FqO The Metropolitan Water District of Southern Calif�r�L9"�:� s, Office of the General Manager `�`'> JUL 2 0 1981 See attached list for addressees Gentlemen: 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. , Very truly yo , `Evan L. r'' f '; Enclosure General M ag r GFI:ct cc: Mr. Richard Hilde, Chairman (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. 0. 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. 0. 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. 0. Box 190 Huntington Beach, California 92648 FIRST AMENDATORY AGREEMENT TO SAN JOAQUIN RESERVOIR TRUST AGREEMENT THIS FIRST AMENDATORY AGREEMENT TO THE SAN JOAQUIN 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 ("MESA" herein) , organized and existing pursuant to the provisions of the Costa Mesa Merger Law (Water Code S 33200 et seq. ) and the County Water District Law (Water Code S 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 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 -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. t • -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 13.56% 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% A -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. a -5- 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. FIRST AMENDATORY AGREEMENT TO SAN JOAQUIN RESERVOIR TRUST AGREEMENT Effective July 1, 1980 APPROVED AS TO FORM: IRVINE RANCH WATE D STRICT ALEXANDER BOWIE, _ a Law Corporation By Pres ' en t By �. By Secretary FIRST AMENDATORY AGREEMENT TO SAN JOAQUIN RESERVOIR TRUST AGREEMENT Effective July 1, 1980 APPROVED AS TO FORM: MESA CONSOLIDATED WATER DISTRICT RUTAN & TUCKER By ,/ President BY General Counsel Attest: Secrets FIRST AMENDATORY AGREEMENT TO SAN JOAQUIN RESERVOIR TRUST AGREEMENT Effective July 1, 1980 APPROVED AS TO FORM: THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFOR Carl Boronkay, General Counsel �! J7 B Genera Ma ifigger s, By 4Deputy ne ouns 1 Attest: ` Secretary G 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 Mayor By Attest: City Clerk • FIRST AMENDATORY AGREEMENT TO SAN JOAQUIN RESERVOIR TRUST AGREEMENT Effective July 1, 1980 APPROVED AS TO FORM: CITY OF NEWPORT BEACH Hugh R. Coffin, City Attorney B 9� ayc r By Attest: ' ' c< City ClJrk r FIRST AMENDATORY AGREEMENT TO SAN JOAQUIN RESERVOIR TRUST AGREEMENT Effective July 1, 1980 APPrROVED AS TO FORM: LAGUNA BEACH COUNTY WATER DISTRICT RI ND HELSING By �— Pr dent By mineral 711�1� Attest:1�1-1, ,,,/,7/6�?- e ary FIRST AMENDATORY AGREEMENT TO SAN JOAQUIN RESERVOIR TRUST AGREEMENT Effective July 1, 1980 APPROVED AS TO FORM: SOUTH COAST COUNTY WATER DISTRICT ROURKE } WOODRUFF By , fesident By t Genera ounse Attest: ' r.A�j, [-`/ / j_ Secretary r FIRST AMENDATORY AGREEMENT TO SAN JOAQUIN RESERVOIR TRUST AGREEMENT Effective July 1, 1980 APPROVED AS TO FORM: THFh.IRVINE COMPANY David L. Kerrigan General Counsel B re i 7e. Attest: Secretary IN E C pM�9 INCORPORATED SEPT. 22, 1976 Z A� Po�Q. A N COR RE VEST FOR CITY COUNCIL ACTION' Date June 3 , 1981. IL Submitted to: Honorable Mayor and City Council By CITY COLtI �Submitted by: Charles Thompson, City Administrator ......----- Prepared by: Paul E. Cook, Director of Public Work - caTYCL Subject: First Amendment to San Joaquin Reservoir Trust Agreement Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: Statement of Issue Amendment proposed to relieve City. of Newport Beach and the Irvine Company of participation of future debt service obligation , Recommendation: Approve and authorize ,Mayor to execute the amendment . Analysis : The amendment corrects an error in the trust agreement . Prior to settle- ment of the litigation, the City of Newport Beach and the Irvine Company had purchased storage capacity in the San Joaquin Reservoir. This was in contrast to the other members who, at that time , were leasing reservoir capacity. Consequently, when the other agencies became owners , they were required to pay a proportionate share of IRWD bond debt retirement . The amendment relieves the City of Newport Beach and the Irvine Company of future debt service payments since they were already owners , free and clear of IRWD' s bond debt. This is in accordance with the settlement principles memorandum approved by the City on October 2S , 1979 . Funding Source : None Attachments : Amendment FITZ PEC :EAE: lw P10 4/81 The Metropolitan Mato- District of Southern California May 28, 1981 Offl(e of the C�enrnl ?,1,�na[ter See attached list for addressees Gentlemen : San Joaquin Reservoir Trust Agreement Discussions in the San Joaquin Reservoir Advisory Committee have resulted in agreement that each of the parti- cipants to the San Joaquin Reservoir Trust Agreement would present to their respective legislative bodies a recommenda- tion that the agreement be amended to relieve Newport Beach of participation in the future debt service obligation of Irvine Ranch Water District. Such a recommendation was presented to the Board of Directors of the Metropolitan t,,Iater District at its meeting of May 121 1981 . At that meeting, I was authorized to execute an amendment to the Trust Agreement that would accomplish the above-mentioned objective and redistribute the future debt service obligation among all owners other than The Irvine Company or Newport Beach , with the effective date of such amendment to be the effective date of the Trust Agreement, July 1 , 1980 . I have executed the amendment on behalf of the District. Enclosed is one counterpart of the amendment. for your files and the original execution page for your agency. Please execute the original execution page and return �' t to Mr.. Gilbert F. Ivey of my staff, together with a certified copy of evidence of the action of your legislative body aut -,orizing your execution of this amendment. Upon recei -)t of all the documents , we will integrate ..the execution pages , attaci. the 1"Ill Sunscf BOILdevard, Los nnq�;ck s,Caht.l Wading addre; Umx 54153, Loy�1n�,cl�s, C if '1(1;15 7 l l?I �s� Pit lct top('b' 11 1„1;('1 �-!1>�ilCl �>� ,SOU��II'lll �_ lilf(Jf(lld See attached list for addressees -2- May 28, 1981 evidences of authority , and will keep the original as part of our records . We will .,send each of you a copy of the fully executed amendment for yr files . Very truly yours , �EVanAL.� if 1 t General Nlanae FV: ct Enclosures ' cc : Mr. Richard Hilde , Chairman (SJRAC) Irvine Ranch Water District P . O: Box D-I Irvine , California 92716 Mr. Henry (Hank) Panion Vice Chairman (SJRAC) (Mesa Consolidated Water District) 436 Swarthmore Lane Costa Mesa, California 92626 Mr. Joseph T. Devlin Utilities Director Utilities Department - Water City of Newport Beach 3300 Newport Boulevard Newport . Beach, California 92663 Mr. Ed Elevatorski L/ Water Superintendent City of Huntington Beach P . O. Box 190 Huntington Beach, California 92648 VIH 1°pl°`Y OF HUN T"INGTON BEACH ','+li►t) Mf>IN 51 (iFf:1 CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 1.9, 1981 Metropolitan Water District of Southern California 11. Q. Box 54153 l_os Angeles, CA 90054 Attn: Evan L. Griffith, General Manager Re: San Joaquin Reservoir Trust Agreement The City" Council of the City of Huntington Beach at its regular meeting held Monday, June 15, 1981 approved and authorized execution of the First Amendment to the San Joaquin Reservoir Trust Agreement. We have enclosed the original execution page together with a Statement of Action of the City Council . Please return a fully executed copy to the Office of the City Clerk. Alicia M. Wentworth City Clerk AMW:CB:js Enclosure cc: Ed Elevatorski - Dept of Public Works (Telephone:714-536-5227) STATEMENT OF THE ACTION OF THE CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, June 15, 1981 Ma or Finlev called the regular meeting of the City Council of the City of Huntington Beach to order at 7: 0 P.M. Present: MacAllister, Thomas, -Pattinson, Finley, Bailey, Mandic, Kelly Absent: None *,r*******�***,r,a,r**,r**•*+*rr+**,t�**rr,►,r**trrr*,►,try+re,t***a**,t*rr+�t*,rtrr*+r,r«rr*,t,r*��tr*�r+trrtr�+e�a*trt CONSENT CALENDAR - (ITEM APPROVED) On motion by MacAllister, second Pattinson, the following items were approved, as recommended, by the following roll call vote: AYES: MacAllister, Thomas, Pattinson, Finley, Bailey Mandic, Kelly NOES: None ABSTAIN None FIRST AMENDMENT TO SAN JOAQUIN RESERVOIR TRUST AGREEMENT - Approved and authorized execution of a First Amendatory Agreement to the San Joaquin Reservoir Trust. Agreement between the City and Irvine Ranch Water District, MWD, City of Newport Beach, Mesa Consolidated Water District, Laguna Beach County Water-District and the South Coast County Water District to relieve the City of Newport Beach and the Irvine Company of participation of future debt service obligation. Mayor Finley adjourned the regular meeting of the City Council of the City of Huntington Beach at 12: — to Monday, June 29, 1981 . at 6:30 P.M. in the. Council Chamber, Civic Center, Huntington eac , ATTEST: Alicia .M: Wentworth ' City Clerk and ex-officio Clerk of the City .Council of the City Alicia--M. Wentworth of Huntington beach, California City Cleo' STATE OF CALIFORNIA RmthFinley County of Orange Mayor City of Huntington Beach I, ALICIA M. WENTWORTH, the duly elected and qualified.City. Clerk of the City of Huntington Beath`. California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the.City Council of said City at their. regular meeting held, on the -15th day of June 19 81 WITNESS my hand and seal of the said City of Huntington Beach.this the 19th day of June 1981 licia M. Wentworth City Clerk and.ex-officio Eferk . of the City Council of the City of Huntington;Beach, California BY oi-� MAIM eputy 12/78 Fin 'IGK:10-5-79 SAN JOAQUIN RESERVOIR MEMORANDUM OF SETTLEMENT PRINCIPLES 1 . INTRODUCTION: This Memorandum, dated October 1 , 1979 for convenience, outlines principles for a settlement of the San Joaquin Reservoir litigation. The parties to the litigation have executed a stipulation extending by six months the legal deadline to commence a trial . The purpose of this time extension is to permit opportunity to implement this pro- posal for settlement of the litigation and for the future ownership and operations of the Reservoir. This Memorandum summarizes the principles in concept to accomplish the settlement and to establish a new framework for the future of the San Joaquin Reservoir. 2 . TRANSFER OF O6VNERSHIP TO PARTICIPANTS : A. Ownership Percentage. IRWD will sell, and the other parties will buy, undivided percentage ownership in the entire Reservoir prop- erty in proportion to the storage capacities shown in Table I . Such storage capacity shall be available for use by each owner for regulatory and emergency purposes . The un- divided percentage ownership interest and the storage capacity of each party are listed below: TABLE I Capacity Allocation Percentage Agency Name (Acre Feet) Ownership Irvine Ranch Water District 1, 330 43 .6% Mesa Consolidated Water District 530 17.4% City of Huntington Beach 400 13.1% Metropolitan 300 9 .8% Laguna Beach County Water District 209 6 .9% South Coast County Water District 181 5 .9% The Irvine Company * 60 2.0% City of Newport Beach * 40 1 . 3% TOTAL 3 , 050, 100.0% * Since TIC and Newport Beach capacity was fully paid for in kind at the time of Reservoir construction, their capacity is not subject to buy-in or future shares of IRWD' s San Joaquin Reservior annual bond debt retirement. TIC and Newport Beach may freely exchange their capacity between themselves as they alone agree. Percentage ownership in the Reservoir may be sold to other public agencies, whether or not the buyer is an owner in the Reservoir at present. Any owner desiring to sell percentage ownership shall notify Metropolitan and the other owners of the amount of capacity to be offered for sale. -2- C All capacity so offered for sale will be held in a common pool from which any buyer may purchase . Any owner that becomes aware of a potential buyer shall notify Metropolitan and the other owners of the identity of such buyer. The proceeds from any sale will be divided 'among the owners in the pool in proportion to the amount of their capacity in the pool at the time of the sale. Participants in the pool will remain responsible for all payments provided for in the Trust Agreement for so long as the capacity remains unsold. All sales from the pool shall be subject to the following conditions. ( i) The buyer shall hold the capacity repre- sented by such ownership interest subject to the same terms , conditions, obligations and liabil- ities as it was held by participants in the pool . No new burdens will be imposed upon Metropolitan as a result of the sale. The capacity and owner- ship rights of owners not participating in the sale will not be altered as a result of the sale. ( ii) The sale notwithstanding, the partici- pants in the pool immediately prior to the time of the sale ( except TIC and Newport Beach) will remain obligated to IRWD for payment of a share of IRWD ' s San Joaquin Reservoir annual bond- debt retirement ( see paragraph 2D ) in proportion to their capacity in the pool before the sale , if the` -3- buyer defaults on any such payments. IRWD in its sole discretion may release the selling agencies from this obligation if IRWD is satisfied with the credit worthiness of the buyer. ( iii) The sale notwithstanding, the partici- pants in the pool immediately prior to the time of the sale will remain obligated to Metropolitan, and to all other owners to pay a share of Reser- voir expenses ( see paragraphs 3E and 5B ) in proportion to their capacity in the pool before the sale if the buyer defaults on any payment. If 100% of the owners are satisfied with the credit worthiness of the buyer and so agree, the Seller may be released from this obligation. ( iv) Metropolitan shall act as escrow holder for the purchase price and documents transferring ownership percentage and shall be entitled to de- duct from a defaulting pool participant' s share of such purchase price an amount equal to any default as provided in Section 3F . B. Metropolitan Acquisition. Metropolitan' s share of Reservoir ownership will be obtained without cash contribution, except as provided in paragraphs 2D and 2E, in consideration of the following: ( i ) Settlement of the litigation. -4- ( ii ) Metropolitan' s past expenses in operat- ing the Reservoir. ( iii ) Metropolitan' s commitment to operate and maintain the Reservoir for the benefit of partici- pants in the Reservoir. ( iv) A new ownership and operating agree- ment. All water in the Reservoir shall become the property of Metropolitan. Metropolitan shall pay to Coastal Municipal Water District and to Municipal Water District of Orange County, and they in turn shall pay to the other Reservoir participants , a sum equal to the original cost to the participants to purchase water to fill initially the reser- voir with water. C. Other Agency Acquisitions . Participants in the Reservoir, other than Metro- politan, will "buy-in" (or receive refunds) for Reservoir ownership as shown in Exhibit "A" attached hereto and by this reference incorporated herein. Exhibit "A" is based upon a calculation of each agency ' s share, as shown in Table II , of IRWD' s Reservoir capital and other expenditures since inception of the Reservoir. This calculation is intended to place each participant in the same position it would have held if ownership in the Reservoir had been purchased when the Reservoir originated. Credit against the buy-in will be made by IRWD for rents paid on leases or subleases in the -5- Reservoir. . Any such computation will take into considera- tion debt service payments heretofore paid by IRWD. The Bond Reserve Fund from bond proceeds will be used propor- tionately to fund the last payment or payments. Interest earned will be distributed annually by IRWD in the pro- portions shown in Table II . Refunds will be made by IRWD to any participant whose rental payments have exceeded this formula buy-in price. In recognition of the fact that they own capacity free and clear at the present, the City of Newport Beach and The Irvine Company shall be allocated their ownership percentages without buy-in cost. The respective shares of the owners for buy-in purposes only are summarized on the following table: TABLE II Capacity Buy-in Name of Agency Subject to Buy-in Percentage Irvine Ranch Water District 1, 330 50 .2% Mesa Consolidated Water District 530 20 .0% Huntington Beach 400 15 .1% Metropolitan Water District -- -- Laguna Beach County Water District 209 7 .9% South Coast County Water District 181 6 .8% The Irvine Company -- -- Newport Beach -- -- 2 ,650 100% -6- D. Future Debt Payments . Each Reservoir owner, including Metropolitan, will annually deposit with IRWD a share, as shown in Table III , of IRWD ' s San Joaquin Reservoir annual bond debt retirement. The Trust Agreement will specify the dates for such deposits and will provide that IRWD will, for the benefit of the depositing owner, deposit all such sums to interest for the period of time held. These future debt payment obligations are set forth in Exhibit "B" . Since The Irvine Company, and through it the City of Newport Beach, holds capacity in the Reservoir free and clear of IRWD' s bond debt, TIC and Newport Beach shall not be subject to this requirement but shall be subject to other Reservoir expenses in proportion to ownership percentage. The respective shares of the owners for the payment of IRWD' s San Joaquin Reservoir annual bond debt retirement are summarized on the following table: TABLE III Capacity Subject Future Debt Name of Agency to Future Debt Percentage Irvine Ranch Water District 1,330 45.1% Mesa Consolidated Water District 530 18 .0% Huntington Beach 400 13 .5% Metropolitan Water District 300 10 . 2% -7- Laguna Beach County Water District 209 7 .1% South Coast County Water District 181 6 .1% The Irvine Company -- -- Newport Beach -- -- 2,950 100% 3 . OPERATING TRUST: A. Creation of Trust. The present Reservoir operating agreements will be mutually terminated by the parties thereto. Each owner will transfer its title to the Reservoir to Metropolitan " in trust subject to the San Joaquin Reservoir Trust Agreement" . The Trust Agreement will provide that Metropolitan will operate and maintain the Reservoir for the benefit of all the owners to meet their regulatory and emergency require- ments. For future Metropolitan pricing purposes , an owner' s regulatory or "peaking" needs which are satisfied from the Reservoir shall be deemed to have been met from storage within that owner' s system. Specific operating criteria setting forth the requirements of each owner , will be specified in the Trust Agreement. Subject to the terms of the Trust Agreement, Metropolitan will have full authority to operate, maintain, and improve the Reservoir. -8- B. Advisory Committee. The Trust Agreement will establish a San Joaquin Reservoir Advisory Committee which will be composed of a representative from each owner . Each representative will have voting power equivalent to the percentage owner- ship of the agency represented. C. Authority of Committee. The San Joaquin Reservoir Advisory Committee shall have the following powers under the Trust Agreement. Such powers may be exercised only upon the affirmative vote of a majority of owners representing in excess of 50% of the total ownership interests. (i) Approval of an annual audit of Metro- politan ' s Reservoir activity. ( ii) Approval of an annual budget, including all capital and operation and maintenance expendi- tures. ( iii ) Prior approval of any capital expendi- tures not specified in the annual budget . ( iv) Amendment of non-fundamental provisions of the Trust Agreement. Amendment of fundamental provisions shall require 100% consent of the owners . The Trust Agreement will identify the provisions which are fundamental. -9- (v) Consultation with Metropolitan at least quarterly concerning operation, maintenance, repair or improvement of the Reservoir. D. Authority of Metropolitan. Subject to the foregoing general powers of over- sight to be exercised by the San Joaquin Reservoir. Advisory Committee , Metropolitan shall have complete authority to decide all matters pertaining to the operations , main- tenance, repair, replacement, modification or improvement of the Reservoir and shall have full discretion to exercise its powers in accordance with the terms of the Trust Agreement without prior consent of the Advisory Committee or any owner . The Trust Agreement will provide unrestricted discretion to Metropolitan to operate -the Reservoir to protect public health and safety in the event of a catas- trophe involving the Reservoir itself. E. Reservoir Expenses. All operations , maintenance , and improvement costs , shall be allocated among the owners in accordance with their percentage ownership interests shown in Table I . The affirmative vote of at least a majority of owners repre- senting at least 50% of the total ownership interests shall be required to approve such expenditures. The Trust Agreement will provide covenants that each owner shall establish a San Joaquin Reservoir Fund in its -10- annual budget and shall appropriate from water and water related revenues to such Fund sums sufficient in each year to meet the owner' s share of the Reservoir budget together with its share of debt payment as provided in paragraph 2D or its share of modification or improvement costs as pro- vided in paragraph 6B , or both. F. Default. Metropolitan may terminate use of the Reservoir to any owner that fails or refuses to pay its share of expenses approved in accordance with the Trust Agreement or its share of debt payments as specified in paragraph 2D. In the event that Metropolitan is required by force of law to provide water from the Reservoir to a defaulting party, Metropolitan may impose a special charge upon the defaulting party in an amount sufficient to offset the default. Each owner will agree in advance to pay such charge during a period of default. If an owner in default desires to sell its Reservoir ownership percentage , the amount of the default shall be deducted from the purchase price and paid to Metropolitan or to IRWD, as the case may be, as provided in Section 2A( iv) hereof . The sum to be collected by any of the foregoing methods shall include , in addition to the amount of the default, the costs and attorneys' fees of the agency or agencies seeking collection of the default. The remedies for default provided above shall in no way restrict -11- Metropolitan or the other participants from bringing suit or seeking other remedy to legally compel payment from the defaulting party. In the event of default, the expenses and/or debt service payments shall be reallocated among the remaining non-defaulting owners in proportion to the shares shown in Table I or Table III , as the case may be , as though the capacity in default did not exist. All such contributions to cover defaults shall be reimbursed when the default is paid by or on behalf of the defaulting owner. 4 . EMERGENCY OPERATION : The Trust Agreement will contain covenants from all of the parties to mutual aid in the event of the water shortage emergency within any one or more of the owner agencies . Each agency will agree to operate its system to minimize demands on the San Joaquin Reservoir so that the agencies experiencing emergency can draw on the Reservoir. The Trust Agreement will establish specific Reservoir operating cri- teria to be implemented by Metropolitan in the event of an outage in the East Orange County Feeder #2. To the maximum possible extent under the circumstances, Metropolitan will operate the Reservoir, and Metropolitan 's other facilities related to the Reservoir, to permit water to be delivered to any agency with a water shortage emergency. -12- 5. RESERVOIR MODIFICATION OR IMPROVEMENT: A. Reservoir Studies. Metropolitan will engage the services of outside consulting engineers (probably Montgomery and Wahler) to: ( 1 ) determine criteria for operating the reservior to meet the capacity requirements , both regulatory and emergency, of the owners including the method and manner by which water from the Reservoir will be delivered to each owner ; ( 2 ) evaluate the advisability and cost of modification or improvement work and do preliminary design to stabilize Reservoir side slopes so that the Reservoir can be operated in accordance with the operating criteria; (3 ) study the methods and costs of correcting water quality problems experienced in the Reservoir. The cost of this engineering work will be included in the cost of the Reservoir modifica- tion or improvement work to be allocated among the parties in accordance with Section 5B below . Execution of this memorandum shall not constitute present ,consent to any future modification or improvement work recommended in the engineering studies. Actual modification or improvement work will be commenced only after execution of the Trust Agreement by all the parties. The Trust Agreement shall include the operating criteria, the proposed modifications or improvements and estimated costs of such .modifications or improvements . -13- B . Construction and Financing . After execution of the Trust Agreement and ap- proval by the State Division of Safety of Dams , Metropolitan will undertake final design and construction of the modifi- cation or improvement work . While the Reservoir is being modified or improved as herein provided , Metropolitan, Coastal , and MWDOC shall. not impose a peaking or minimum flow charge against any owner to the extent that peaking demands otherwise would be satisfied , or a minimum flow charge would be avoided, by use of the Reservoir. If as a result of the modification or improvement work the capacity of the Reservoir is reduced, the reduction will be shared on a pro rata basis by all owners in accordance with the ownership percentages set forth in Table 1 . To the extent legally permissible Metropolitan shall finance all such work but shall be reimbursed by the owners in accordance with the ownership percentage set forth in Table I in at least twenty equal annual installments to cover debt service, including necessary related reserve requirements , commencing one year after execution of the Trust Agreement and based upon the cost estimates contained in the studies provided for in paragraph 5A. The amount of the annual installments shall be adjusted when the actual cost of the modification and improvement work , including the interest rate paid by Metropolitan on the funds issue used to finance such work, is known. -14- 6. CLOSING PROCEDURE : It is anticipated that a Settlement Agreement will be executed which will provide for dismissal of all the suits and counter suits . In addition, the Settlement Agreement will provide for termination of all existing capacity lease and sublease agreements , construction agree- ments, and operation agreements relating to the Reservoir. It will also provide for transfer of ownership from IRWD to the new owners and incorporate the Trust Agreement. The parties will simultaneously execute the Trust Agreement. IRWD will provide evidence of clear title to the entire Reservoir property and appurtenances. All documents trans- ferring title from IRWD to the other participants, and from the other participants to Metropolitan, will be executed and all buy-in money (or refunds ) and water purchase money will be paid simultaneously with execution of the Settlement Agreement and the Trust Agreement. 7. OFFER OF COMPROMISE: This memorandum and all of its provisions are part of the negotiations for a compromise settlement of the San Joaquin Reservoir litigation and shall not constitute an admission of any party as to any matter. Any party may object under Evidence Code §1152 to the admissability as evidence of any portion of this memorandum. S . EXECUTION: By execution of this Memorandum, each party evidences its agreement in principle to the concepts set forth herein. Each party hereby covenants to negotiate in good faith with -15- the other parties to implement these principles for settle- ment, but no party is bound by execution of this Memorandum to execute any implementing documents or to settle the litigation. APPROVED AS TO PORM: . Alexander E3owie, IRVINE RANCH WATER DISTRICT A Lav,* Corporation Legal Co r� el • IRW President Lt z- B .� .. ..-... NOV 19 1973 Secretary ATTEST: CITv HUNTINGTON BEACH 01 Alicia M. blentworth, City Clerk Don MacAllister, Mayor THE METROPOLITAN WATER DISTRICT 1 OF SOUTHERN CALIFORNIA APFROVLD AS TO FORM ROC CRT P. WILL / GC]i -AL C 9NS , f� / J i er _ v'PIDIG i+ l DEPUTY GEacRAL COUNSEL Gener 1 Ma age MESA CONSOLIDATED WATER DISTRICT (formerly COSTA MESA COUNTY WATER DISTRICT) 2zz -16- LAGUNA BEACH COUNTY WATER DISTRICT G SOUTH COAS COUNTY WATER DISTRICT CO STAL MUNICIPAL WATER DISTRICT MUNICIPAL WATER DISTRICT OF ORANG COUNTY ol CITY OF NEWPORT BEACH APPROVED AS T0. EORM �. Date: �(�' r -- — C 1TY 1ATT gy :,::� -- CI CLERK T IRVINE COMPA Y ' � S i —17— SAN JOAQUIN RESERVOIR "Buy-In" Settlement as of June 30, 1978 Amount for "Buy-In" or Amount to be Refunded Mesa Consolidated $510 , 000 . 00 City of Huntington Beach $ 82, 000 . 00 South Coast County Water District ($ 71, 936 . 00) -Laguna Beach County Water District ($156 , 750 . 00) EXHIBIT "A" RESERVOIR LEASE AGREEMENT WHEREAS, the Irvine Ranch Water District (hereinafter -- sometimes referred to as "Irvine" ) is a public district duly organized and existing under and by virtue of the California Water District Law,, Division 13 of the Water Code of the State of California; and WHEREAS., the City of Huntington Beach (hereinafter sometimes referred to as "Huntington Beach" ) is a municipal corporation organized under the laws of the State of California; and WHEREAS, both Irvine and Huntington Beach have need for water storage facilities; and WHEREAS, Irvine has power to acquire, plan., construct, maintain, improve, operate and keep in repair the necessary works for the production, storage, transmission and distribution of water for irrigation, domestic, industrial and municipal pur- poses, and any drainage or reclamation works connected therewith or incidental thereto, and further may for a valuable considera- tion lease, sell or contract for the sale of any property of Irvine whenever it may be necessary, advisable or for the best interests of Irvine; and WHEREAS, Huntington Beach has the power to establish and operate public works for supplying its inhabitants with water, and may purchase, lease., receive, hold and enjoy real and personal property, and control and dispose of it for the cornmon benefit; and WHEREAS., Irvine will construct and cause to be main- tained a water storage facility, to wit: a reservoir, having a capacity of 3036 acre feet; and WHEREAS, the construction of said reservoir will pro- vide Irvine with water storage capacity in an amount in excess of its estimated present needs; and WHEREAS, the lease of a portion of such excess capacity to Huntington Beach will result in mutual benefit to Irvine and to Huntington Beach and is in the best interests of Irvine; and WHEREAS, it is the present intent of the parties that the term of this agreement is a reasonable term and one in which it is estimated said excess water storage capacity will not be required by Irvine for use within the boundaries of Irvine; and WHEREAS, the term of this agreement is recognized by both parties to be the maximum term for which a lease of such excess capacity can legally be made; and WHEREAS, the water storage capacity requirements of Irvine after the expiration of said term are unknown; and WHEREAS, it is in the best interests of both parties that Irvine lease excess capacity to Huntington Beach as long after the original term as said capacity is not needed by Irvine for use within the boundaries of Irvine, and WHEREAS, Irvine has adopted a policy in favor of the continuation of the leasing of such excess capacity to Hunting- ton Beach so long as such excess capacity exists; 2. NOW., THEREFORE, the Irvine Ranch Water District and Huntington Beach, for and in consideration of the mutual promises and agreements hereinafter stated and the performance thereof, and for other valuable and adequate consideration, do promise and agree, for and on behalf of themselves and their successors in interest, as follows: Section 1. OwnershiR of Reservoir. The reservoir will be owned by Irvine during and after the term of this agree- ment unless changed by further agreement. Section 2. Capacity Rights in the Reservoir. During said term, Huntington Beach shall be entitled to 400 acre feet of storage capacity in said reservoir, said amount being in excess of the estimated needs of Irvine. Should additional storage capacity become available for lease during the term of this agreement., Irvine agrees that Huntington Beach and other agencies who originally contracted for storage capacity in said reservoir prior to its completion, shall be entitled to a preferential right to acquire such additional storage in the proportion that each agency' s storage capacity bears to the total capacity of the reservoir. Section 3. Construction. Irvine shall acquire and con- struct said reservoir by November 30, 1964, provided, however, that the time for completion may be extended to the extent that Irvine is prevented from completing the said construction by war, act of God, and/or any other cause beyond their control. Said reservoir may be acquired or constructed as a unit or In 3. parts at the discretion of Irvine., provided the contracted storage is provided for. Said reservoir shall be acquired and constructed in accordance with plans and specifications prepared at the discretion of Irvine, to the satisfaction of Irvine, and at the sole expense of Irvine. Huntington Beach expressly agrees that the decisions of Irvine as to the plans and specifications for said reservoir, the form of contract to be entered into for the construction of same, and the manner of letting said contract shall be final and conclusive. Irvine expressly agrees that Huntington Beach shall be under no obligation whatsoever for amounts payable for engineering or designing of said reservoir or for actual construction thereof. Section 4. Financial Requirements. The reservoir shall be acquired, constructed and caused to be maintained at the sole expense of Irvine. In order to compensate Irvine for the amount of capacity in said reservoir allotted to Hunting- ton Beach, pursuant to Section 2 hereof, said Huntington Beach agrees to pay Irvine a total of $2,810,000 in the following manner: (a) For the first 10 year period, the sum of $100., 000.00 per year; (b ) For the second 10 year period, the sum of $95,000.00 per year; (c ) For the next 7 year period, the sum of $90,000.00 per year. (d) For the remaining years of the term of this lease., the sum of $10,000.00 per year. 4. Said payments may be made in two equal installments, the first of which is due and payable 90 days after notice from Irvine as provided in Section 10 hereof, and the second of which is due and payable 6 months after the first payment. Section 5. Use of Reservoir by Others. Huntington Beach expressly agrees not to sell, assign, grant., lease or convey to any other person, corporation, municipal corporation, public agency., or any other group or organization any rights created by or arising out of this agreement without the prior written consent of Irvine, which consent must be by means of a resolution of the Board of Directors. Nothing herein contained shall prohibit or limit the right of Irvine to contract with other public agencies for the use by such agencies of any other storage capacity in excess of Irvine ' s present needs, provided that no such agreements shall interfere with or obstruct the rights and obligations of the parties to this Agreement. Irvine will file a written statement with Huntington Beach not later than the date upon which water will be delivered into said reservoir. Said statement will contain a list of agencies having capacity rights in said reservoir, together with the amount of water which each agency is entitled to store and the charge therefor. Said statement will be revised as changes in storage rights occur. Section 6. Maintenance, Operation and R I e2air. The maintenance, operation and repair of the reservoir shall be performed by The Metropolitan Water District of Southern 5. California, a metropolitan water district formed under the Metropolitan Water District Act of the State of California, pursuant to two (2 ) agreements dated April 4, 1962, the first of which was entered into by The Metropolitan Water District of Southern California, and Orange County Municipal Water District and Coastal Municipal Water District, both of which are municipal water districts formed under the Municipal Water District Act of 1911, designated Exhibit "A",, attached hereto; and the second of which was entered into by said Orange County Municipal Water District, said Coastal Municipal Water District and Irvine, designated Exhibit "B", attached hereto. Huntington Beach shall not be obligated to contribute toward the cost of said maintenance,, operation,, repair or replacement of facilities. Huntington Beach, by its execution of this agreement, represents that it has the right to have water delivered into said reservoir through the water transportation facility, to wit(,. that certain water transmission line to be constructed and to be known as the "East Orange County Feeder No. 2" . Huntington Beach agrees to become a party to said agreement above referred to and designated Exhibit "B", which addendum shall specify Huntington Beach' s rights and duties with respect to delivery of water into said reservoir and withdrawal of water from said reservoir on behalf of Huntington Beach. Section 7. Provision for Capacity Only. By this agreement, Irvine agrees to provide Huntington Beach with water storage capacity only. Irvine shall not be responsible for the delivery of water into or withdrawal of water from the reservoir 6. by or for Huntington Beach, Irvine shall not impede, obstruct or hinder Huntington Beach in Huntington Beach' s use of its capacity in the reservoir, Section 8, Effective Date. This agreement shall be valid and binding as of the date of execution hereof. Section 9. Term of Agreement. This agreement shall continue for fifty (5Q) years from the date of execution; pro- vided, however, that at the end of said fifty (50) years, Irvine shall re-examine its water storage needs. In order to further its policy favoring the continuation of the leasing of such storage capacity to Huntington Beach,, such re-examination shall be evidenced by a written report. In the event that such report shows that Irvine ha's surplus storage capacity, and in the event that Irvine determines that it would be in the best interest of Irvine to lease all or a portion of the excess capacity, Huntington Beach shall have the right of first refusal to a portion of the excess capacity which is available for • leasing. Huntington Beach's right shall extend to one-third of such capacity available for leasing, or 400 acre feet, whichever is less. Section 10. Time of Payment. Payments required to be made by Huntington Beach to Irvine pursuant to Section 4 hereof shall be made as follows: (a) Upon the completion of the reservoir and of the water transportation facilities leading to the reservoir, Irvine shall give written notice to Huntington Beach, which notice 7. shall state that said reservoir and trans- portation facilities have been completed, tested and accepted, and demand the first semi-annual payment as provided in said Section 4. Huntington Beach shall make its first semi-annual payment no later than ninety (90) days after receipt of said notice. (b) In all years in which this agreement is in effect subsequent to the year in which demand is first made to Huntington Beach by Irvine, Huntington Beach shall pay to Irvine the sum required to be paid under said Section 4 hereof, which payment shall be made no later than ninety (90) days after the anniversary date of the receipt of the written notice referred to in subsection (a) above. (c ) The second semi-annual payment required under said Section 4 hereof shall be due and payable six (6) months after the first such semi-annual payment is due and payable. Section 11. Noticed Addresses of Districts. All notices called for by this agreement shall be deemed to have been given to the respective party when deposited in the United States mail, postage prepaid and addressed to such district at the address hereinbelow set forth,, with an allowance of 48 hours for delivery. To Irvine at: Post Office Box 37 Tustin, California 8. To Huntington Beach: Civic Center Huntington Beach, California Section 12. Binding Effect. The provisions of this agreement shall inure to the benefit of and be binding upon each of the parties and their successors and assigns. IN WITNESS WHEREOF., each party has caused this instrument to be executed by its respective officials theretofore duly authorized by the legislative bodies thereof this '7:LA day of 1963. IRVINE RANCH WATER DISTRICT By President - Attest: Secretary CITY OF HUNTINGTON BEACH By May Attest: C�Z -R-'VT--D FOP, FORM C it, lerk - --- ------- CI1 Y A"TTf3at EY 9. Y. REQUEST FOR CITY COUNCIL ACTION J Paul E Cook Public Works . Submitted.by Department Date Prepared June 12 , 19 80 Backup Material Attached Q Yes F] No Subject SETTLEMENT OF SAN JOAQUIN RESERVOIR LITIGATION City Administrator's Comments p APPROVED;Y CITY CO Approve as Recommended CITY CLER Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: STATEMENT OF ISSUE : Since 1972 , litigation has been pending regarding withholding of lease payments for an anticipatory breach of a lease with the Irvine Ranch Water District , for the ability to take water from the San 'Joaquin Reser- S' voir at a required flow rate. On October 1 , 1979 , the Council approved a Memorandum of Settlement Principles . During the last six months , the Settlement and Trust Agreements were drafted . It is requested that the City Council approve execution of these Agreements and payment to Irvine Ranch Water District in the amount of $ 185 , 332 . 77: RECOMMENDATION : Adopt the attached resolution authorizing execution of the Settlement Agreement and the Trust Agreement for future operation of the reservoir. ANALYSIS : Originally , the City leased from the Irvine Ranch Water District 400 acre feet ( 130 million gallons ) in the San Joaquin Reservoir to be taken at the flow of 15 cubic feet per second (CFS ) , to supplement the water the City receives from . the Metropolitan Water District and its own underground wells , in an emergency situation . In 1972 , during a dewatering of the reservoir for maintenance purposes , slope failure of the reservoir sides was experienced . There were similar failures experienced later , which indicated that the City would not be able _to withdraw the water from the reservoir when needed. Therefore , the City , — in anticipation of the breach of the reservoir lease, began to withhold lease payments to IRWD . The result was the litigation which now is attem- pting to be resolved . Pio sna V s -SAN JOAQUIN RESERVOIR LI'iiGATION -2- `',here are two settlement documents . The Compromise Settlement and Mutual .elease Agreement is to settle and dismiss the various litigation between the several agencies . The San Joaquin Trust Agreement transfers each agency' s reservoir ownership percentage to MWD in trust, for future oper- ation of the San Joaquin Reservoir. The Trust Agreement delineates oper- . ation procedures in both normal and emergency situations . Since 1972 , the City has not made its lease payments to the Irvine Ranch Water District. Withheld lease payments now total $613 , 333. The settle- ment is financially advantageous to the City in that the buy-in cost of $82 ,000 plus debt service payments for FY 1978/79 of. $51 , 769 . 32 and FY 79/80 of $50 , 772 . 24 total $184 , 546 . 56 . This will be paid from the with- held lease payments resulting in a gain to the City in the amount of $428 , 726 . 44 . Each agency has also been requested to share in a proportionate part of the past insurance cost. This was the cost to add each agency on IRWD' s policies as additional insureds . For the FY 1978/79 , the cost for the City was $634 . 41 and for FY 1979/80 , the cost was $151 . 80 for a total of $786. 21, thus making the total settlement amount $185, 332 . 77 . The Council , on October 1 , 1979 , executed the Memorandum of Settlement Principles authorizing a settlement figure of $172 ,107 . 69 . However , this figure was based on MWD being a reservoir owner in FY .1978/79 to the pre- sent and, therefore, sharing in the debt service. In fact, MWD will not become an owner until July 1, 1980 , when these agreements are executed. 'herefore, each agency has had to absorb that portion of MWD' s debt service on a pro-.rata basis . Our share of the annual future debt service to 1991/92 would be considerably less than our annual lease payments of $95 , 000 . Total future deb, service payments would be $779 ,935 . 93 , as compared to future lease payments total- ing $1 , 803 , 334. In addition to paying the annual debt service, the City will also be responsible for paying its share , 13. 390 of the annual oper- ation-maintenance expenses estimated at $35 , 000/year. FUNDING SOURCE : The payment of $185 ,332 . 77 to the Irvine Ranch Water District will be paid from the withheld lease payments , leaving a balance of $428 ,000 . 23. ALTERNATIVES : Reject settlement and continue litigation . PC :EE : CM/pj Attachment RESOLUTION NO . 4881 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO THE SAN JOAQUIN RESERVOIR SETTLEMENT WHEREAS', the City Council of the City of Huntington. Beach has reviewed the documents involved in settling various dis- putes related to the San Joaquin Reservoir, and The City Council has satisfied itself that the proposed settlement is in the best interests of the City of Huntington Beach, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve, determine and order as follows: SECTION 1. That the Mayor and City Clerk of the City of Huntington Beach are hereby authorized to: (a) Execute. the Compromise .Settlement and Mutual Release Agreement. ( b) Execute the San Joaquin Reservoir Trust Agreement. ,SECTION 2. That the Finance Director of the City of Huntington Beach is authorized to furnish the City Attorney a check in, the amount of One Hundred Eighty-five Thousand Three Hundred Thirty-two and 77/100ths Dollars ($185 ,332. 77 ) , payable to the IRVINE RANCH WATER DISTRICT, representing the initial reservoir purchase payment. SECTION 3. That the Mayor and City Clerk of the City of Huntington Beach are authorized to: (a) Accept a deed from the Irvine Ranch Water District on behalf of the City of Huntington Beach and its City Council, evidencing an ownership interest of 13 .11 percent of the San Joaquin Reservoiro (b) Execute a deed on behalf of the City of Huntington Beach CM: ahb 6/10/80 1 . r , 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 A g-reemen t. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of June , 1980. e Mayor ATTEST: APPROVED AS TO FORM, rcit.9 CIeek ZhA City ttorne;; REVIEWED AND APPROVED: INITIATED AND APPRO',: 1 1) 00 t` J Ci y Administrator Director of Public 'corks 2. Re, No. 4881 STATE OF CALIFORNIA ) COt!NTY OF ORANGE CITY OF liuNT INGTON BEACH ) I, -ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of- the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 16th day of June 19 80 by the following vote: AYES: Councilmen: Pattinson, Finley, Bailey, Mandic, Kelly NOES: Councilmen: Thomas ABSENT: Councilmen: MacAllister 10 City Clerk and ex-officio Clerk l / of the City Council of the City of Huntington Beach, California fHE IAORECOJNG INSTRUMENT IS A CORREf.- COPY CAE THE ORIGINAL ON HE IN THIS of'; )i. ATTEST Ciq, Clel and Ex-or%-ici Gerk of the City of the City of HimiInton a6, U. RESOLUTION NO . 4881 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ' HUNTINGTON BEACH RELATING TO THE SAN JOAQUIN RESERVOIR SETTLEMENT WHEREAS, the City Council of the City of Huntington Beach has reviewed the documents involved in settling various dis- putes related to the San Joaquin Reservoir; and The City Council has satisfied itself that the proposed settlement is in the best interests of the City of Huntington Beach. NOW, THEREFORE, the City Council of the City .of Huntington Beach does hereby resolve, determine and order as follows: SECTION 1. That the Mayor and City Clerk of the City of Huntington Beach are hereby authorized to: (a) Execute the Compromise Settlement and Mutual Release Agreement. (b) Execute the San Joaquin Reservoir Trust Agreement. SECTION 20 That the Finance Director of the City of Huntington Beach is authorized to furnish the City Attorney a check in the amount of One Hundred Eighty-five Thousand Three Hundred Thirty-two and 77/100ths Dollars ($185 ,332.77) , payable to the IRVINE RANCH WATER DISTRICT, representing the initial reservoir purchase payment . SECTION 3. That the Mayor and City Clerk of the City of Huntington Beach are authorized to: (a) Accept a deed from the Irvine Ranch Water District on behalf of the City of Huntington Beach and its City Council, evidencing an ownership interest of 13 .11 percent of the San Joaquin Reservoir. (b) Execute a deed on behalf of the City of Huntington Beach CM: Ahb 6/10/80 1e 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. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of ,Tune , 1980. Mayor ATTEST: APPROVED AS TO FORM: ICit.9 Cle k City ttorney REVIEWED AND APPROVED: INITIATED AND APPROVED 00 Ci y Administrator Director of Public Works 2. Rep No. 4881 :)'1'A'1*1i OF CALIFORNIA ) cowry OF ORANGE ) as: trry OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 16th day of June , 19 80 by the following vote: AYES: Councilmen: Pattinson, Finley, Bailey, Mandic, Kelly NOES: Councilmen: Thomas ABSENT: Councilmen: MacAllister o � City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California THE FOREGOING INSTRUMENT IS A CORK' COPY OF THE ORIGINAL ON I II.E IN THIS G. �x-_ __ D /' ....� ._..._. _._.__...19 ATTE c �c City Cleik and Exwafficio Clerk of the City Cc;,.;:c.1'' of the City of Hunti:";ton &'adl, Cal. �i RESOLUTION NO. 4881 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO THE SAN JOAQUIN . RESERVOIR SETTLEMENT WHEREAS , the City Council of the City of Huntington Beach has reviewed the documents involved in settling various dis- putes related to the San Joaquin Reservoir; and The City Council has satisfied itself that the proposed settlement is in the best interests of the City of Huntington Beach, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve, determine and order as follows: SECTION 1. That the Mayor and City Clerk of the City of Huntington Beach, are hereby authorized to: (a) Execute the Compromise Settlement and Mutual Release Agreement. (b) Execute the San Joaquin Reservoir Trust Agreement. SECTION 2. That the Finance Director of the City of Huntington Beach is authorized to furnish the City Attorney a check in the amount of One Hundred Eighty-five Thousand Three Hundred Thirty-two and 77/100ths Dollars ($185 ,332.77 ) , payable to the IRVINE RANCH WATER DISTRICT, representing the initial reservoir purchase payment. SECTION 3• That the Mayor and City Clerk of the City of Huntington Beach are authorized to: (a) Accept a deed from the Irvine Ranch Water District on behalf of the City of Huntington Beach and its City Council, evidencing an ownership interest of 13 .11 percent of the San Joaquin Reservoir. ( b) Execute a deed on behalf of the City of Huntington Beach CM: ahb 6/10/80 1 . tran;3ferring its percentage ownership interest in the reservoir to tYie Metropolitan Water District of Southern California to be tiel 3 in trust subject to the San Joaquin Reservoir Trust Agreement., PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof .held on the 16th day of June 1980. Mayor ATTEST: APPROVED AS TO FORM: -titj CIeek Z,tA City tt—or ney REVIEWED AND APPROVED: INITIATED AND APPROVED Ci y Administrator Director of Public Works 2. Remo No. 4881 OF CALIFORNIA ) COMM OF ORANGE ) so: r CITY OF HUNfINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting ,thereof held on the 16th day of June 19 80 by the following vote: AYES: Councilmen: Pattinson, Finley, Bailey, Mandic, Kelly NOES: Councilmen: Thomas ABSENT: Councilmen: MacAllister City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 1 HE FOREGOING INSTRUMENT IS A CORRE' COPY OF THE ORIGINAL ON FILE IN THIS OF i. . City Clerk and Ex-t,vflh zra Cfcdx cf tie city C01.:71 04 the City of Huntington �Uch, Cad. RESOLUTION NO . 4881 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO THE SAN JOAQUIN RESERVOIR SETTLEMENT WHEREAS , the City Council of the City of Huntington Beach has reviewed the documents involved in settling various dis- putes related to the San Joaquin Reservoir; and The City Council has satisfied itself that the proposed settlement is in the best interests of the City of Huntington Beach, NOW, THEREFORE, the City Council of the City of Huntington i Beach does hereby resolve, determine and order as follows,: SECTION 1 . That the Mayor and City Clerk of the City of Huntington Beach are hereby authorized to: (a) Execute the Compromise Settlement and Mutual Release Agreement. ( b). ' Execute the San Joaquin Reservoir Trust Agreement. SECTION 2.. That the Finance Director of the City of Huntington Beach is authorized to furnish the City Attorney a check in the amount of One Hundred Eighty-five Thousand Three Hundred Thirty-two and 77/100ths Dollars ($185 ,332. 77 ) , payable to the IRVINE RANCH WATER DISTRICT, representing the initial reservoir purchase ..payment. I SECTION 3. That the Mayor and City Clerk of the City of Huntington . Beach are authorized to: (a) Accept a deed from the Irvine Ranch Water District on behalf of the City of Huntington Beach and its City Council., evidencing an ownership interest of 13 .11 percent of the San Joaquin Reservoir. ( b) Execute a deed on behalf of the City of Huntington Beach CM: ahb 6/lo/8o i , tr-irisPerriag its percentage ownership interest in the reservoir to tiie Metropolitan Water District of Southern California to be in trust subject to the San Joaquin Reservoir Trust A g reeinen t. PASSED AND ADOPTED by the City Council of the City of .Huntington Beach at a regular meeting thereof held on the 16th day of June , 1980. o Mayor ATTEST: APPROVED AS TO FORM: its Clete t*A, City ttorney REVIEWED AND APPROVED: INITIATED AND APPROVED Ci y Administrator Director of Public Works 2. Re, No. 4881 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council o€' said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at .a regular meeting thereof held on the 16th day of June 19 80 , by the following vote: AYES: Councilmen: Pattinson, Finley, Bailey, Mandic, Kelly NOES: Councilmen: Thomas ABSENT: Councilmen: MacAllister City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California I'HE FOREGOING INSTRUMENT IS A CORREC1 COPY OF THE ORIGINAL ON FILE IN THIS OFFICE 2 ..?.-----__..__.._...... ATTEST............. .. .._...._.._........ . City Cletk and Ex-af�i�cio Cleik of the City Counci' of the City of Huntington &ach, U. 6/30/. 80 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 §§71000 et seq. ) , 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 §§71000 et sea. ) ; 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 seq. and the County Water District Law (Water Code §§30000 et seq. ) ; 6/30/80 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 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 seg. ) ; 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 businessin the State of California. 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 -2- 6/30/80 621-624 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. -3- E. Various cross complaints stemming from the above 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- -4- 6/30/80 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 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: -5- 6/30/80 TABLE I Capacity Allocation Percentage Agency Name (Acre Feet) Ownershio 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 South Coast County Water District 50 1. 64% City of Newport Beach 36 1.18% TOTAL 3, 050 100. 00% -6- 6J30j80 B. Initial Purchase Payment. Simultaneously with execution of this agreement, with the exception of METROPOLITAN, TIC , and NEWPORT, 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 . 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. 89% ($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. 0% $ 0 -7- 6/30/80 METROPOLITAN' s ownershiv 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 Reservair 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 ..iot 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: -8- 6/30/80 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. -9- 6/30/80 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 MOaNTGOMERY 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 TruFst 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 -10- 6/30/80 ;?l cross defendants. each of the parties shall bear their own costs in said actions. Forms of Dismissals are at-ached hereto., marked Exhibits E-1 through E-6, and by thi :, 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 tha 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. -11- 6/30/90 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; -12- 6/30/80 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 9. Executed dismissal documents (see Exhibits E-1 through E-6 ) . Upon delivery of all documents executed to the satis- taction 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. -13- 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 By By : Attest: r:.;v � ,/.�� General Cq_dn0•e;Y r' 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 By General Counsel Attest: � i COMPROMISE SETTLEMENT AND MUTUAL RELEASE AGREEMENT Effective June 30 , 1980 Pertaining to the San Joaquin Reservoir APPROVED AS TO FORM. THE METROPOLITAN WATER DISTRICT ROBERT P. WILL, OF SOUTHERN CALIFORNIA General Counsel 7 By Genera,.l' a' na,g,6 r By• eu Attest: 'Executive Secretary l 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 v By Mayor By ATTEST: City Clerk 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 / By ATTEST COMPROMISE SETTLEMENT. AND MUTUAL RELEASE AGREEMENT Effective June 30 , 1980 Pertaining to the San Joaquin Reservoir APPROVED AS TO FORM: LAGUNA BEACH COUNTY WATER DISTRICT RIMEL AND HELSING By By : ` er unsel ATTEST: 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 President B*General /Counsel ATTEST: Secretary Pro-Tem 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 B BY / - 1,41 11 ATTEST: r COMPROMISE SETTLEMENT AVD MUTUAL RELEASE AGREEME,NT Effective June 30, 1980 Pertaining to the San Joaquin Reservoir APPROVED AS TO FORM : COASTAL MLNLICIPAL WATER DISTRICT RIMEL & HELSING By Gener a �rse1 -16- COMPROMISE SETTLEMENT AND MUTUAL RELEASE AGREEMENT Effective June 30 , 1980. Pertaining to the San Joaquin Reservoir APPROVED AS TO FORM: MUNICIPAL WATER DISTRICT OF RUSSELL G. BEHRENS, ORANGE COUNTY a Professional Corporation r ; B By: General Counsel ATTEST: o/ su/ ou COMPROMISE SETTLEMENT AND Uni R.r:rEAS,: AGRLE LENT Ei=ective June 30 , 9930 Pertaining t0 she San. 'JCa(7u ,,i Reservoir APPROVED AS TO FORM : JAMES M . CONS E TING J LLSQII , ELSGR EDELiA 7 DICKER ENGINEERS , 7NT C . By ------ Tst�? •v j -24- COMPROMISE SETTLEMENT AND MUTUAL RELEASE AGREEMENT Ef-fective June 30 , 1980 Pertaining to the San Joaquin Reservoir APPROVED AS TO FORM: W. A. WAHLER AND ASSOCIATES SEVERSON , WERSON BERRE By By -25 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 50000' 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 cocoon corner of Blocks 91, 97 and 98 of said Irvine' s Subdivision; thence South 3*23113" 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 40146120" East 197 .60 feet; thence North 003413411 East 461.17 feet; thence South 89024159" 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 0034144" West 175 .56 feet; thence North 57*06103" East 45.91 feet; thence North 10*55133" East 115. 32 feet; thence North 28046132" East 157. 16 feet; thence North 63*28144" East 41.15 feet; thence North 21008' 06" West 119 . 62 feet; thence North 0034' 44" West 70. 00 feet; thenca North 58°39 ' 50" West 76.64 feet; thence North 46119148" East 438 .92 feet; thence North 53*36116" East 74 . 00 feet; thence North 28014131" East 140 .12 feet; thence North 820 08' 29" East 23 .00 feet; thence South 9*41113" East 175 .77 feet; thence North 80018 ' 47" East 120 . 00 feet; thence North 9' 41 ' 13" West 171 . 94 feet; thence North 82'08 ' 29" East 197.66 feet; thence South 70 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 89008132" East 289 . 10 feet; thence South 8000136" East 820 . 76 feet; thence South 33009 ' 09" East 1465 . 88 feet; thence South 13025114" East 680 . 00 feet; thence South 69008 ' 20" West 270 . 27 feet; thence South 85037108" West 222 . 77 feet; thence North 24013 ' 10" West 437 . 65 feet; thence South 76034146" West 40 . 00 feet; thence South 45042 ' 22" West 309 . 17 feet; thence South 11*38125" 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 22017 ' 13" West 1261 .95 feet; North 12129151 ' West 448 . 09 feet; North 22052 ' 39" West 454 . 58 feet; North 51 "20149" West 77.21 feet; and North 15152 ' 51" West 276. 97 feet to the TRUE POINT OF BEGINNING. PARCEL 2 A non-exclusive easement for ingress and egress over lots A 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" BASIC RESERVOIR AGREEMENTS Document No. 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 4 Ct 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 . Adcl."!ndum Agreement dated October 19 , 1962, betd,ieen 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" Laguna Beach County Water District ("LBCWD11 ) ., 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 IRVID, 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 operation 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" CROSS COMPLAINTS 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. (8-3-75) 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 JAMES 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 REQUESTED BY AND RETURN TO: IRVINE RANCH WATER DISTRICT P.O. Box DI Irvine, California 92716 D�;CU'rIENTARY 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. 900 MESA CONSOLIDATED WATER DISTRICT 19.11% 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 By Attest: EXHIBIT D RECORDING REQUESTED BY AND RETURN TO: IRVINE RANCH WATER DISTRICT P.O. Box DI Irvine, California 92716 DOCUMENTARY TRANSFER TAX (Exempt: Rev. & Tax. Code §11922) (No Consideration for The Irvine Company Transfer) RECORDING FEES (Exempt: Govt. Code §27383) GRANT DEED IRVINE RANCH WATER DISTRICT, a California Water Dis- trict , hereby grants to each Grantee listed below the undivided percentage interest shown opposite the Grantee' s name in the real property in the City of Irvine, County of Orange, which is described in Exhibit "A" attached hereto: Undivided Grantee Interest IRVINE RANCH WATER DISTRICT 47 . 90% MESA CONSOLIDATED WATER DISTRICT 19 .11% 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 By Attest: ,'� ACKNOWLEDGMENT STATE OF CALIFORNIA } ss . COUNTY OF ORANGE ) On 1980, before me, the under- signed, av Notary Public in and for said State, personally appeared w.,g, ( � -and (name) (name) known to me to be the V and (office) respectively, of the IRVINE RANCH (offi-ce) 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 . OFFICIAL SEAL s, BETTY J. WHEELER ; i���Ct -^� �'� � ✓" NOTARY PUSUC • CALIFORNIA ' NOtary�-Public ORANGE COUNTY "i`R My comm. expires SEP 11, 1931 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 southwesteriv line of Block 91 of" said Irvine ' s Subdivision; thence South 50°00 ' 00" East 2640 feet. to a brass disc set in concrete, set by said surveyor, to nark the most easterly corner of Block 92 of said Irvine ' s Subdivision and cocoon corner of Blocks 91 , 97 and 98 of said =rvine ' s Subdivision; thence South 3` 23 ' 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° 46' 20" East 197 . 60 feet , thence North 0" 34 ' 34" 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 . 9838 as per map recorded. in Book 436 pages 1 to 7 inclusive of Miscellaneous Naps, in the office of said County Recorder; thence along said prolongation and said easterly line North 0034' 44" 'West 175 . 56 feet ; thence North 57°06 ' 03" East 45 . 91 feet ; thence North 10° 35 ' 33" East 115 . 32 feet ; thence North 28° 46 ' 32" East 157 . 16 feet , thence North 63029 ' 44" East 41 . 15. feet , thence North 21"08 ' 06" West 119 . 62 feet ; thence North 0° 34 ' 44". West 70 . 00 feet , thence :North 58° 39 ' 30" West 76 . 64 feet ; thence North- 46° 19 ' 48" East 488 . 92 feet ; thence North 53' 36 ' 16" East 74 . 00 feet , thence North 28" 14 ' 31'' East 140 . 12 feet ; thence North 82° 08 ' 29" East 23 . 00 feet ; thence South 9'41 ' 13" East 175 . 77 feet ; . thence North 80° 18 ' 47 East 120 . 00 feet ; thence North 9 ° 41 ' 13 " West 171 . 94 feet ; thence North 82° 08 ' 29 " East 197 . 66 feet ; thence South 7° 51 ' 31" East 85 . 38 feet to the heginning . 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° 00 ' 36 " East 82.0 . 76 feet ; thence South .33 ° 09 ' 09 " East 1465 . 88 feet ; thence South 13 ° 25 ' 14" 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° 13 ' 10" West 437 . 65 feet ; thence South 76° 34 ' 46" West 40 . 00 feet , thence South 45 °42 ' 22" West 309 . 17 feet , thence South 11° 38 ' 25" West 1024 . 86 feet; thence South 75°5510711 : West 289 . 80 feet ; to an angle on the easterly boundary of Tract No. 9859 as per Map recorded Book 435 , Pages 1 , 2 EXHIBIT "A" -1- 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" 'Test 1261 . 95 feet; North 12° 29 ' Sl ' West 448 . 09 feet ; North 22 * 32 ' 39 " West 454 . 58 feet ; North 31 * 20 ' 49 " West 77 . 21 feet ; and North 15° 52 ' 51" West 276 . 97 feet to the TRUE POI�iT OF BEGINNING. PARCEL 2 A non-exclusive easement for ingress and egress over lots A and B and portion of Lot 8 of Tract No . 9838 , 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 1.899 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, za .ntenance and oaeration 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, re_cair and replace a roadway over real- property, as Shown an the grant of easement recorded in Book 13640, Pages 333 through 840 of the Official Records of the County of Orange, Cali- -2- EXHIBIT "A" ACCEPTANCE The undersigned, being the duly authorized agent of IRVINE RANCH WATER DISTRICT, does hereby accept on behalf of IRVINE RANCH 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: 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: �uNE. .?7) 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: .JCtn2 27 lq";.G General anag / ATTEST: Executive SecY-etary/ ACCEPTANCE The undersigned, being the duly authorized agent of CITY OF HUNTINGTON BEACH, does hereby accept on behalf of CITY OF HUNTINGTON BEACH, the foregoing. deed and the inter- est in real property conveyed therein, subject to the terms of said deed, and consents to the recordation of the same. DATED: d Mayor ATTEST City Clerk 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: July 1, 1980 ACCEPTANCE .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: ACCEPTANCE 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: June 27, 1980 President ACCEPTANCE The undersigned, being the duly authorized agent of THE IRVINE COMPANY , does hereby accept on behalf of THE IRVINE COMPANY, the foregoing deedi and the interest in real property conveyed therein , subject to the terms of said deed , and consents to the recordation of the same . . DATED: v 1 -li- CONSENT TO ASSIGNMENT THE IRVINE COMPANY, a Michigan corporation , hereby consents to the assignment and grant of that certain Easement granted to the Irvine Ranch Water District for ingress and egress purposes , which Grant of Easement is dated the 18th day of June, 1980 , and recorded on the 19th day of June , 1980 , in Book 13640 , Pages 833-840 , Official Records , County of Orange , California , to each Grantee listed below in the un- divided percentage interest shown opposite the Grantee ' s name: Undivided Grantee Interest IRVINE RANCH WATER DISTRICT 45 . 34% MESA CONSOLIDATED WATER DISTRICT 17 . 38% CITY OF HUNTINGTON BEACH 13 . 11% THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA 9 . 84% SOUTH COAST COUNTY WATER DISTRICT 5 . 93% LAGUNA BEACH COUNTY WATER DISTRICT 5 . 12% THE IRVINE COMPANY 2 . 10% CITY OF NEWPORT BEACH 1. 18% Dated: ���,;; THE IRVINE COMPANY , ,. = a Michigan corporation ' President y Secretary/A sistant Secretary STATE OF CALIFORNIA ) ' ) SS ' .b COUNTY OF ORANGE ) On JUN 2 6 1980 , 19 before me , the undersigned, a Notary Public in and for said State, per- sonally appeared l }ram c. Kr yy,C­7- , known to me to be the President, and �.�;,�,�e known to me to be the Secretary of the corporation that executed the within instru- ment , and known to me to be the persons who executed the with- in instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed with within instrument pursuant to its by-laws or a resolution of its board of directors . WITNESS my. hand and cfficial ,seal . SH.2?O�,d OTANGE COUNTY �i 'v4Y r_llm;?i!_.S.,,0d EYPi7,r_S ,CT. 22. E82 ems--�—_•—.�—s .---__ ,------e EXHIBIT E-1 RUT AN & T". CKE.R H. RODE LL Telephone No.of Attorney(s) Space 3e1ow for Uae of Court Clerk only HOMEY. L. McCOIRIMICK ARTHUR G. FIDMAN . ROBERT S . BOWER 101 Civic Center Drive West Santa Ana , California 92702 (714) 833-2200 'OSTA MESA COUNTY WATER Attorney(s) for ...D.I,S t RICT. .. . .. ... ... . .. . .. . ..... ... . . . . . ..PERIOR . . . . . .COURT OF CALIFORNIA, COUNTY OF. . . . OrRAi TGE. . . . . . . . ( UPER10R, MUNICIPAL, or JUSTICE) 700 Civic Center Drive West, Santa Ana, California . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Name of Municipal or.Justice Court District or of branch court, if any) Plaintiff(s): IRVINE RANCH WATER DISTRICT, CASE NUMBER 227083 a California Water District, PE- QUEST FOR DISMISSAL M2 ROPOLITAN WATER DISTRICT TYPE OF .+CT1CN Defendant(s): Or SOUTHERN CALIFORNIA, etc.. ❑ Personal injury, Property Damage and Wrongful Death: et -a Motor vehicle O—Other 17 Domestic Relations f7 Eminent Domain (� Other. (Specify) . . .See... . .below .. ... . ...... ... ..... . .. .. (Abbreviated Title) TO THE CLERK: Please dismiss this action as follows: (Check applicable boxes.) 1. L7 With prejudice 7 Without prejudice 2. Entire action [ Complaint only Petition only Cross-complaint only 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. ALEXANDER BOWIE By: Dated: ... . . .. . ... .................. ... ... .. ....... ... Plaintiff IRJINE RANCH 'If dismissal requested is of specified parties only, of specified Attorney(s) for... . . . . . . . ... . .. . . . . . . .` . . .. ............. .. causes of action only or of specified cross-complaints only, so WATER DISTRICT 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- Attorney(s) for. ... . .. . .. .. ............ .. . ..... ....... ... tive relief) is on file, the attorney(s) for the cross-complainant (respondent) must sign this consent when required by CCP 581(1), (2) or (5). (Type or print attorney(s) name(s)j (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 . . .. . . . . . . . . . . .. . . .. .. . .. . .. .... ... Clerk Dated.. . .. . . . .. . ...... ..... . ... ........ . .. . ... ...... By Deputy -o 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 _ EXHIBIT E-2 RU T AIW & T"U" T,GE ^. F. RO +�ryy �d Telephone No. of Attorney(s) Space 9aiow for Use of court Clark Only HOMER L. V'ICCOREIICK ROBER S. B; ER 401 Civic- Center Drive West Santa Aa, CA 92702 (714) 53:5-2200 W� `1ASA COUNTY WATER y Attornes) 4cr t 'I . . . . . . . . . . . .. .. . . . . .. . .. . .. . .. . . .SUPERIOR . . . . . . .CO'.�RT O C=>LJIFO�PNIA, COUNTY OF.. ... . .. .E (SUPERIOR, MUNICIPAL, or JUSTICE) 700 Civic Center Drive West, Santa Ana, California . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Name of Municipal or Justice Court District or of branch court,if any) Plaintiff(s): i_;,INE RANCH WATER D I Sr:'RI CT, CASE NUMBER 227083 a California Water District, BEQUEST FOR DISMISS.it TYPE OF ACTION Defendant(s): , .rn ❑ Personal !njurr, Property Damage and 'Wrongful Daath: , 7 ROPOLITAN WATER DISTRIC.;. OF SOUTHERN CALIFOP=A, etc. ❑ Motor Vehicle s Other ❑ Domestic Relations ❑ Eminent Domain et al. ❑ other: (Specify) . . .. .See. .be.ow. .. .. .... . ... .. . . (Abbreviated Title) TO THE CLE-RK: Please dismiss this action as foilows: (Check applicable boxes.) 1. With prejudice [] Without prejudice 2. ❑ Entire action ❑ Complaint only ❑ Petition only dross-cot:lplaint only Other: (Specify)* Cross complaint for Indemnity filed by MUNICIPAL . WATER DISTRICT OF ORANGE COUNTY. RUSSELL G. BEHRENS A Professional Corporation. Dated: .. .. . ...... . . . ..... . ............ ................ By : Cross-Ccmz.iainanE, 'KUN A - 'If dismissal requested is of specified parties only, of specified Attorneys) for . . . . . . . ti,� . ..... . . . causes of action only or of specified cross-complaints only, so WATER DISTRICT OF OP�NGE COUiv1Y state and identi'y the parties, causes of action or cross-complaints to be dismissed. (Type or print attr_rney(s) narle(5)) TO THE CLERK: Consent to the above dismissal is hereby given.— Dated: . . .. ... .......... .... .... .... ........ . .. . ...... —When a cross-compiaint (or Response (Marriage) seeking affirma- Attorney(s) for. . . .. ... ..... ... .................... .......... tive retief) is on file, the attorney(s) for the crass-complainant (respondent) must sign this consent when required by CCP 581(1), (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 . . . . . . . . ...... . . . ... .. . .. ... . . . . ... Clerk Dated.. .. . . .. ..................... ..... .... ......... By Deputy .a Form Adopted by Rule 982 of CCP 561, etc.; The Judicial Council of California REQUEST FOR DlShfliSSr1L Cal. Rules of Court, Rpvis5d Ef!eCtive Jt w 1. 19'2 Rule 1 233 EX ?IBIT E-3 Rs T-1-N I& TUCKER _• Space aeiow for Use of Court Clerk Oniy{T�3F3��aiep�one No. of Attorneys) Ff02 ER McCORMICK ROBER= S. BOWER 401 C"vic Center Drive West Santa Ana, California 927, 02 (7 .=) ;35-2200 COSTA MESA COUNTY WATER Attoraea(s) `or . .DISTRICT............. . .............. . . . . . . .SUPERIOR . . .COURT OF CALIFORNIA, COUN•f"f oF. . . . . .ORANIGE. . . . . . (StiPERiOR, MUNICIPAL, or JUSTICE) 700 Civic Center Drive West, Santa Ana, California . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. . . . . . (Name of Municipal or Justice Court District or of branch court,if any) Ptainttff(s): 172VINE RANCH WATER DISTRICT, CASE NUMBER 227083 a California Water District, PELZUES I_ FOR DISMISSAL TYPE OF ACTION Defandanz:s):METROPOLITAN WATER DISTRICT; ❑ 'Personal injury, Propeml Damage and Wrongful Death: OF SOUTHERN CALIFORNIA, etc. ❑ Motor Vehicle Ff, Other et al. , ❑ Domestic Relations [� Eminent Domain ❑ Other: (Specify) .....See,. ..... . w................. (Abbreviated Title) TO THE CLERK: Please dismiss this action as follows: (Check applicabie boxes.) 1. k7,c With prejudice ❑ Without prejudice 2. ❑ Entire action ❑ Complaint only ❑ Petition only 1 Cross-complaint only Other: (Specify)' Cross-Con-ilai.nt for Breach of Contract, Breach of Covenant, Fraud, Negligent- Misrepresentation, Rescission and Restitution, Money Had and Received, Constructive Eviction, Negligence, Inverse Condemnation and Declaratory Relief. (Filed by COSTA MESA COUNTY WI=.ER DISTRICT) RUTAN & TUCKER Dated: ............................................... By: 'lf dismssal reauested is of specified _ y( Cross—Complainant,, :�i�� i SSA p parties only, of specified Attorney(s)s) for COUNTY— �,.�•�, .. ...... causes*of ac:ion only or of specified cross-complaints only, so COUNTY NA_ A ITS I� ICT state and identify the parties, causes of action or cross-complaints to be dismissed. (Type or print attorney(s) name(s)) TO THE CLE-RK: 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 attorney(s) for the cross-complainant (respondent) must sign this consent when required by CCP ad1(1), (2) or (5). (Type or print attorney(s) name(s)) (To be completed by clerk) ® Dismissal entered as requested on ................. .................................................................. Q Dismissal entered on .....................................as to only ... ... ...... .. ....... ............................ IE Dismissal not entered as requested for the following reason(s), and attoi ney(s) notified on .... .. . ........ . ... ........... . . . . Clerk Dated............................ ................... By _ Deputy c Form Adopted by Rule 982 of CCP 581,etc.; The Judicial Council of CaliforniaLf REQUEST FOR DISMISSAL CaL Rules of Court, Revised Effective July 1, 1972 Rule 1233 RUT ALN & TU CIYIE R -.-�T EXHIBIT E- H, RODG R o :b-LL , me..�tzrass and Telephone No. of Anorney(s) Space Below for Use of Court Clerk Only HOMER L. McC: 11ML I CK ARTHUR G. ROBERT S. 01 Ci_J C Drive West -antes A�7a, California 92702 (714) 835-2200 ATTORNEY BA,R 3. . .. ... . . . .. . .. . . . ..... . . ... .. .. .. .. fr T l SA (�(�UN T v, Attorne'I(S) fi�:r .4v"�.-,i S-9=L I YVyLy L.F... F?1.rt'1. ......I 1 :SUPERIOR. . . . . .COURT OF CALIFORNIA, COUNTY OF. . . . . . . . . . . . (SUPERIOR, MUNICIPAL, or JUSTICE) 700. Civic. .,�enter ,Drive ,West,, (Name of Municipal or Justice Court Cistrict or of branch court, it any) Plaintiff(s): IR v!NE RANCH WATER DISTRICT, CASE NUMBER 227083 a Ca'_ifornia Water District, REQUSST FOR DISMISSAL TYPE OF ACTION ( ' METROPOLITAN WATER DISTRICT � Personal In urr, Property Daman and Wrongful Death: Dependant s,: 1 p / 9 g OF SOUTHER CALIFORNIA, etc. , ❑ Motor Vehicle- g Other et al. Domestic Reiations Eninent Domain Other: (Specify) ... ................ (Abbreviated Title) TO THE CLERK: Tease dismiss this action as follows: (Check applicable bores.) 1. xj With prejudice F� Without prejudice 2. ❑ Entire action Complaint only Petition only Cross-complaint only Other:. (Specify)' Cross Cc :plaint for Inde=ity and Declaratory Relief (filed by JA.MES M. MONTGOMERY, CONSULTING ENGINEERS , INC. ) WILSON, ELSER, EDEL111AN & DICKER Dated: .... ............................ .............. Cross-Compainan �-v.� 5 *If dismissal requesated is of specified parties only, of specified Attorney(s) for.. . . ....I. .. .... . .. . ........ ...... causes of action only or of specified cross-complaints only, so MONTGOM.ERY, 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 affirms- Attorney(s) for. . ... ............. .......................... .. tive relief) is on file, the attorney(s) for the cross-complainant (respondent) must sign this consent when required by CCP 581(1), (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 ...... ................. .......................... p Dismissal not entered as requested for the following reason(s), and attorney(s) notified on . . .. ............................... Clerk Q 'Date'. . .................. ........................... By Deputy N m Form Adopted by Rule 982 of CCP 581, etc.; nn The Judicial Council of California REQUEST FOR DISMISSAL Cal. Rules of Court, V Revised Effective July 1, 1972 Rule 1233 EXHIBIT E-S RUTAN & 'rare,A�Cress and Telephone No.of Attorney(s) Space Below for Use of count Clark Only H. RODGER .C'Z4FLL H01AER L. MCCORMICX ARTHUR C. XIDMAN -ZOBEERT S. Bf ER 401 Civic Center Drive West Santa Ana, California 92702 7R . . . . ... . ... . . . . .. ... .. . . . .. ... . . ... . .. . Attorney(s) for =rS", .?�S� COUN^Y, ;;�a.'?' .P S F.I Ci' S ?FRIOR . . . . . . . . . . . . . .COURT OF CaALiF0RHI A, COUHTY OF. . . -'+'lG . . . . . . . . . (5 PER-10R, MUNICIPAL, or JUSTICE) 700 Civic Center_ Drive West, Santa Ana., Califo,n_a . . . . . . . . . . . . . . . . . . . . . . (Name of Municipal or Justice Court District or of branch court,if any) Plaintiff(s): I1Z7,1INE RANCH WATER DISTRICT CASE NUMBER 227083 a California Water District REQUEST FOR DISVdISSAL TYPE OF ACTION Defendant(s):ME=ROPOLITAN WATER DISTRICT L7 Personal Injury, Property Damage and 'Wrongful Death: OF SOUTHERN CALIFORL IA, etc. F1 Motor Vehicle Lr,Other et all . Domestic Relations Eminent Domain (� Other: (Specify) .S'�-?.be "—..cw. .................... (Abbreviated Title) TO THE CLERK: R'.•ease dismiss this action as follows: (Check applicable boxes.) 1. :g With prejudice F-1 Without prejudice 2. 7 Entire action 17 Complaint only Petition only X Cross-cornplaint only Other: (Specify)` -'ross ccTnraint for Indemnity, Declaratory Relief, Breach of Contract, Negligence, and Inverse Condemnation (filed by THE METROPOLITAIN WATER DISTRICT OF SOUTHERMN CALIFORNIA) ROBERT P. WILL, General Counsel Dated: ................................ .............. By Cross Com�Iainant, THE If dismissal requested is of specified parties only, of specified Attorney(s) for. .. ....... . .. . ..-.. ........ ....... ........... causes of action only or of specified cross-complaints only, so METROPOLITAtN WATER DISTRICT OF SO. CAL•. 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-commaint (or Response (Marriage) seeking affirma- Attorney(s) for. . .. ... .. .. ..... . ......... ... ............ tive relief) is on file, the attorney(s) for the cross-complainant (respondent) must sign this consent when required by CCP 581(1), (2) or (5). (Type or print attorney(s) name(s)) (To be completed by clerk) p Dismissal entered as requested on .. .. ............. ..................... .... ......................................... Dismissalentered on . ....................................asto only ... ... ... ..... .................. ......... ... ..... l7 Dismissal not entered as requested for the following reason(s), and attorney(s) notified on . . .. ............. ........... ...... . m Ciark 'Dated. . ........... .... ..... ... . .................. ... By Deputy N m L6 Form Adopted by Rule 982 of CCP 581, etc.; 11 The Judicial Council of California REQUEST FOR DISMISSAL Cal. Rules of Court, Revised Effective July 1, 1972 Rule 1233 EXHIBIT E-6 RUTc'N & TUCKER r �' LLT. 1ephone No. of Attorney(5) Space 8aiow for Use of Court Cleric Cniy H, RvD_vaT,�7 r- H_0 9 HOMER L, r_ COP-HICK ARTHUR G. KILDIN1AIN ROBERT S, BOWER 401 Civic Center Drive West Santa Ana, California 92702 (714) 831=-2200 COSTA MESA COUNTY WATER Attorney(s) fcr . .-:I'STRICT. . . . ... .. ... . I. ...... . .. .. .. ST.'PERI0R C::URT fiF C.�Li OR'dIA CUU;�aTY 0=. . . . .0 A�NG . . . . . . . (SUPERIOR, MUNICIPAL, or JUSTICE) 700 Civic Center Drive West, Santa Ana, Califor:�ia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (*tame of Municipal or Justice Court District or of branch court, if any) Plaintiff(s): L �m r, CASE NUMBER 2?_7063 INE RAI�TCTI WATER DISTRICT, a California Water District, REQUEST FOR DISMISSAL TYPE OF ACTION Defendant{s): "E7 ROPOLITAN WATER DISTRICT F71 Personal Injury, Property Damage and Wrongful Death: OF SOUTHERN CALIFORNIA, etc. 7 Motor vehicle Other et a1. Domestic Relations i Eminent Domain Other: (Specify) . ....See�Q,loW .... ... ....... .. .. (Abbreviated Title) TO THE CLERK: Please dismiss this action as follows: (Check applicable boxes.) 1. Q With prejudice 7 Without prejudice 2. ❑ Entire action Complaint only ❑ Petition only Cross-complaint only Other: (Specify)* Cross-Com;alaint for Indemnity; Declaratory Relief ; Breach of Contract , Damages ; Unjust Enrichment (filed by COASTAL MUNICIPAL WATER DISTRICT) RI-MEL AND HE SING By : Dated: .. . . ... ....... ..... .......... ......... .......... Cross- om- ainant, C0.A6T77, 'If dismissal requested is of specified parties only, of specified Attornev(s for . .. . . . . . . . . . causes of action cniy or of specified cross-complaints only, so MUNICIPAL WATER DISTRICT' state and identify the parties, causes of action or cross-complaints. to be dismissed. (Type or print attorneys) name(s)) TO THE CLERK: Consent to the above dismissal is hereby given." Dated: . . . . . .. ..... ....... . ............ .. ....... ... ... "When a cross-compiaint (or Response (Marriage) seeking affirma- Attorney(s) for. . . .. . . ........ . .. . ...... ... ... ............ ... live relief) is on file, the attorney(s) for the cross-complainant (respondent) must sign this consent when required by COP 581(1), (2) or (5). (Type or print attornev(s) name(s)) (To be completed by clerk) ❑ Dismissal entered as requested on .. ... ... ... ..... . .. . ........ . .. . ... .. ... .. . ... ... ........ ............. ... .......... ❑ Dismissal entered on . .... ... ......... ... ... ... ...........as to only . . . .. . .. . ..... . . . ..... . .... ... ...... .. .. .. . ... . . . ❑ Dismissal hot entered as requested for the following reason(s), and attorney(s) notified on . . . . ... .... .. . .. . . . .. . . .. . .. . .. . . . . Clerk Dated. . .. . ..... ...... ............ .... ......... .. ... . By Deputy C ,O Form Adopted by Rule 982 of COP 581, etc.; The Judicial Council of California REQUEST FOR DISMISSAL Cal. Pules of Court, Revised Effective July 1, 1972 R'fio 1?3:? - 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 i Ranch Water District for the initial Reservoir purchase na gent. (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 $3 , 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 : -- (title) i A. Accept a deed from the Irvine Ranch Water District on behalf of and its (entity) evidencing an ownership (governing body) 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 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 is 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 a - RESOLUTION NO. 1980-30 RESOLUTION OF THE BOARD OF DIRECTORS OF IRVINE RANCH WATER DISTRICT APPROVING SETTLEMENT OF THE SAN JOAQUIN RESERVOIR LITIGATION AND AUTHORIZING THE TRANSFER OF OWNERSHIP INTERESTS IN THE RESERVOIR TO OTHER PARTIES WHEREAS, the Board of Directors of the Irvine Ranch Water District (IRWD) has reviewed the documents dated 5/27/80 which are involved in settling the San Joaquin Reservoir litigation; and WHEREAS, it is the desire of the Board of Directors of IRWD to terminate this litigation and establish joint ownership of the Reservoir with other parties in accordance with the proposed Compromise Settlement and Mutual Release Agreement and San Joaquin Reservoir Trust Agreement. NOW, THEREFORE, the Board of Directors of IRWD Does Hereby Resolve, Determine And Order as follows : Section 1. That the officers of IRWD are hereby authorized to: - A. Execute the Compromise Settlement and Mutual Release Agreement. B. Execute the San Joaquin Reservoir Trust Agreement. C. Execute a deed on behalf of 1XWD transferring undivided percentage ownership interests. in the San Joaquin Reservoir in substantially similar form as set forth on Exhibit "A" hereto. D. Execute a deed on behalf of IRWD 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. Section 2. That the Treasurer of the Irvine Ranch Water .District is authorized to deposit with its counsel , Alexander Bowie, checks in the amounts of $143, 891. 12 and $72, 705. 48 payable respectively to the Laguna Beach County Water District and South Coast County Water District on the date set for closing the settlement transaction. Section 3 . That Alexander Bowie, legal counsel to IRWD, is hereby authorized to: A. On the date set for closing the settlement transaction accept checks on behalf of IRWD in the amount of $661, 290. 84 from Mesa Consolidated Water District and the amount of $185 , 332. 77 from the City of Huntington Beach. B. Execute adismissal with prejudice of. IRWD ' s complaint entitled Irvine Ranch Water District vs . Metropolitan Water District of Southern California, et al. , Orange County Superior Court Case No. 227083. ADOPTED, SIGNED AND APPROVED this 23rd day of June , 1980 . Pr sident Irvine Ranch Water District and of the Board of Directors thereof AF^ROVED AS TO FORM: ATTEST: ,^•,!EAXANDER BOWIE A Law CGcrpo-,atloCT - Lc,ml Counsef • IRWD ey,...?T : .. Secretary Irvine Ranch Water District and of the Board of Directors thereof RECORDING REQUESTED. 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 527383) IRVINE RANCH WATER DISTRICT, a California Water Dis- trict , hereby grants to each Grantee listen below the undivided percentage interest shown opposite the Grantees ' name in the real property in the City of Irvine , County of Orange, which is described in Exhibit "A" attached hereto: • Undivided - - Grantee In to est . IRVINE RANCH WATER DISTRICT 47 . 90%- MESA CONSOLIDATED WATER DISTRICT 1.9 ..110 . CIT`.I OF HUNTINGTON .BEACH 13 . 110 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNA 9 . 840 SOUTH COAST COUNTY WATER; DISTRICT 1. 54-0 LAGUNA BEACH COtNTY .WATER DISTRICT 5. 12% THE IRVINE COMPANY - 2 . 10% a CITY OF NE"VTPORT BEACH DATED IRVINE RANCH WATER DISTRICT By • Attest: Exhibit "A" to Resolution No. 198G-30 STATE OF CALIFORNIA ) } SS COUNTY OF ORANGE ) I , Arthur C. Korn, Secretary of the Board. of Directors of Irvine Ranch Water District, do hereby certify that the fore- going Resolution was duly adopted by the Board of Directors of said District at a regular meeting of said Board held on the 23rd day of June 1980 , and that is was so adopted by the following vote: AYES : DIRECTORS : Clark , Reinhardt, Auerbach , Swan, Quigley NOES : , DIRECTORS : None ABSTAIN: DIRECTORS : None ABSENT : DIRECTORS: None Secretary of IRVIN RANCH WATER DISTRICT and of t e Board of Directors thereof (SEAL) STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) I , Arthur C. Korn, Secretary of the Board of Directors of Irvine Ranch Water District, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 1980-30 of said Board, and that the same has not been amended or repealed. Dated: , Secretary of IRVINE INCH WATER DISTRICT and of the Board of Directors thereof (SEAL) RESOLUTION NO. 896 RESOLUTION OF THE BOARD OF DIRECTORS OF MESA CONSOLIDATED WATER DISTRICT RE EXECUTION OF SAN' JOAQUIN RESERVOIR SETTLEMENT DOCUMENTS AND SUPERSEDING RESOLUTION NO. 894 . WHEREAS , the Board of Directors of MESA CONSOLIDATED WATER DISTRICT (formerly Costa Mesa County Water District) ("MCWD" ) has reviewed the documents involved in settling various disputes related to the San Joaquin Reservoir and by Resolution No. 894 authorized execution of the necessary settlement documents and the initial Reservoir purchase payment; and WHEREAS , subsequent to adoption of Resolution No. 894 South Coast County Water District ("SCCWD" ) determined to reduce its ownership capacity in the San Joaquin Reservoir from 181 acre feet to 50 acre feet; and WHEREAS , the Irvine Ranch Water District ("IRWD" ) has proposed that the reductions in capacity by SCCWD and Laguna Beach County Water District ("LBCWD" ) , totalling 18.4 acre feet, be allocated between IRP7D and MCWD in the same propor- tion that the capacities of IRWD and MCWD were previously reduced to accommodate increases by SCCWD and LBCWD; and WHEREAS , after careful deliberation this Board has determined to accept the IRWD proposal to reallocate 184 acre feet of capacity; NOW, THEREFORE, the Board of Directors of MESA CONSO- LIDATED WATER DISTRICT DOES HEREBY RESOLVE , DETERMINE AND ORDER as follows: Section I. That Resolution No. 894 is hereby super- seded. Section 2. That the President and Secretary , acting on behalf of MESA CONSOLIDATED WATER DISTRICT are hereby authorized to : A. Execute the Compromise Settlement and Mutual Release Agreement. B. Execute the San Joaquin Reservoir Trust Agreement. Section 3. That the District Officers of MESA CONSO- LIDATED WATER DISTRICT are authorized to prepare , execute and deposit with the District Legal Counsel a check in the amount of $661, 280. 84 payable to the Irvine Ranch Water District for the initial Reservoir. purchase payment. Section 4. That the General. Manager is hereby autho- rized to : A. Accept a deed from IRWD on behalf of MESA CONSO- LIDATED WATER DISTRICT evidencing an ownership interest of 19 . 110 of the San Joaquin Reservoir. B. Execute a deed on behalf of MESA CONSOLIDATED WATER DISTRICT transferring its ownership interest in the Reservoir to The Metropolitan 2 Water District . of Southern California, to be held in trust subject to the San Joaquin Reservoir Trust Agreement. Section 5 . That the District Legal Counsel is hereby authorized . to execute a dismissal with prejudice of COSTA MESA COUNTY WATER DISTRICT ' s Cross Complaint in Irvine Ranch Water District v. Metropolitan Water District, Orange County Superior Court Case No. 227083 . ADOPTED, SIGNED AND APPROVED this 26th day of June, 1980 . Presi nt of t e oard f'� Directors , MESA CONSOLIDATED WATER DISTRICT ATTEST: J I HEREBY CERTIFY that the attached copy of Resolution No. 896 is full, true and correct copy of . the Resolution as it appears in the official records of the Board of Directors of the MESA CONSOLIDATED WATER DISTRICT. n DATE: June 27 , 1980 Karl K mp Assistant General Manager and Assistant Secretary MESA CONSOLIDATED WATER DISTRICT (SEAL) RESOLUTION 7812 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA RELATED TO SETTLEMENT OF LITIGATION ENTITLED "IRVINE RANCH WATER DISTRICT V. METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA ET AL. " A. WHEREAS , there is presently pending in the Superior Court for the County of Orange litigation under the caption of Irvine Ranch Water District v. Metropolitan Water District of Southern California et al. , Case . No. 227083 , hereinafter referred to as "Litigation" , involving San Joaquin Reservoir, and B. WHEREAS , the parties to the Litigation are willing to settle their dispute and to join with other parties in providing for the future ownership, operation and maintenance and improvement of the Reservoir, and C. WHEREAS, the accomplishment of the foregoing requires performance of numerous acts on behalf of The Metropolitan Water District of Southern. California, hereinafter called "Metropolitan" , NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Metropolitan that: 1. The General Manager be authorized to execute on behalf- of Metropolitan a Compromise Settlement and Mutual Release Agreement related to the Litigation to be effective as of June .30 , 1980 , the agreement to be approved as to form ,by the General Counsel . 2 . The General. Manager be authorized to execute on behalf of Metropolitan the San Joaquin Reservoir Trust Agreement to. be effective as of July 1, 1980 , the Trust Agreement tc be approved as to form by the General Counsel. ` . 3 That, contingent on execution of the Compromise Settlement and Mutual Release Agreement and the San Joaquin Reservoir Trust Agreement, the General Counsel be authorized to execute a request for dismissal with prejudice of Metropolitan' s cross-complaint filed in the Litigation and to cause the request to be filed with the court upon receipt of evidence. of execution by the other parties to the Litigation who have heretofore E -2- filed a complaint or cross-complaint of requests for dismissal with prejudice of such complaint. or cross complaints pending in the Litigation. 4 . That the General Manager be authorized to accept on behalf of Metropolitan a deed from the Irvine Ranch Water District granting to Metropolitan an ownership interest of 9'. 84 percent of the San Joaquin Reservoir. 5 . That the General Manager be authorized to transfer Metropolitan' s interest in the Reservoir to Metropolitan to be held in trust subject to the San Joaquin Reservoir Trust Agreement. 6. That the General Manager be authorized to accept on behalf of Metropolitan a deed from each party to the San Joaquin Reservoir Trust Agreement transferring to Metropolitan that party' s interest in the Reservoir to be held in trust by Metropolitan subject to the San Joaquin. Reservoir Trust Agreement. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the Board of Directors of The Metropolitan Water District of Southern California held the loth day of June, 1980, and I further certify that the foregoing is a full, true, and correct copy of said resolution. Executive Secretary The Metropolitan Water District of Southern California t RESOLUTION NO . 4881 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO THE SAN JOAQUIN RESERVOIR SETTLEMENT WHEREAS , the City Council of the City of Huntington Beach has reviewed the documents involved- in settling various dis- putes related to the San Joaquin Reservoir; and The City Council has satisfied itself that the proposed settlement is in the best interests of the City of Huntington Beach., NOW , THEREFORE, the City Council of the City of Huntington Beach does hereby resolve, determine and order as follows: SECTION 1 . That the Mayor and City Clerk of the City of Huntington Beach are hereby authorized to: (a) Execute the Compromise Settlement and '�[utual Release Agreement. ( b) Execute the San Joaquin Reservoir Trust Agreement. SECTION 2. That the Finance Director of the City of Huntington Beach is authorized to furnish the City Attorney a --heck in the amount of One Hundred Eighty-five Thousand Three Hundred Thirty-two and 77/100ths Dollars ( $135 ,332 . 77 ) , . payable to the IRVINE RANCH WATER DISTRICT , representing the initial reservoir purchase payment . SECTION 3• That the Mayor and City Clerk of the City of Huntington Beach are authorized to: ( a) Accept a deed from the Irvine Ranch Water District on behalf of the City of Huntington Beach and its City Council , evidencing an ownership interest of 13 .11 percent of the San. Joaquin Reservoir. (b) Execute a deed on behalf of the City of Huntington Beach CM: ahb 6/10/80 1 . 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. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of June 1980 . 0 Mayor ATTEST: APPROVED AS TO FORM: Cle k City Vttorney 11 REVIEWED AND APPROVED: INITIATED AND APPROVED Ci y Administrator Director of Public Works 2 . Res. No. 4881 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH } I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 16th day of June 19 80 by the following vote: AYES: Councilmen: Pattinson, Finley, Bailey, :4andic, Kelly NOES: Councilmen: Thomas ABSENT: Councilmen: MacAllister City Clerk and ex-officio Clerk of the City Council" of the City. of Huntington Beach, .California The foregoing instrument is a correct copy of the origin?l o file in this o; ui,,a Cj v ;ay... Attest J10 CItY Carr;anc Ct. offfc:ci�i i�i t�t -- U. un,-, of the Clty of Hiu,nt;notc„ : Cal. Deputy 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 AGREEPZENT 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 eNecute the same on behalf of the City of Newport Beach.. ADOPTED this 23rd day of June, 1980 . l/ Maid= ATTEST: City Clerk kv 6/19/80 CF. IfIEV As A TRUE AND CORRECT COPY j 1 � RESOLUTION NO. 325 21 A RESOLUTION OF THE BOARD OF DIRECTORS OF LAGUNA BEACH COUNTY 'RATER DISTRICT OF ORANGE COUNTY, 3' CALIFORNIA AUTHORIZING EXECUTION .OF CONTRACT 4 ; DOCUMENTS PERTAINING TO SAN JOAQUIN . RESERVOIR 5 $ WHEREAS, The Board of Directors of LAGUNA BEACH COUNTY" 7 WATER DISTRICT of Orange County., California has reviewed the 81 documents involved in settling various disputes relating to 91 the San Joaquin Reservoir; 10� NOW THEREFORE, The Board of Directors of the LAGUNA illl BEACH COUNTY WATER DISTRICT of Orange County, California does 121 hereby RESOLVE, DETERMINE and ORDER as follows : 1 13 Section 1 : That Richard Jahraus, President, and 141 Joseph R. Sweany, Secretary, acting on hehalf of LAGUNA BEACH 15 � COUNTY WATER DISTRICT of Orange County, California are hereby 16 authorized to: 17 A. Execute the Compromise Settlement- and Mutual 13 Release Agreement. 191 B. Execute the. San Joaquin Reservoir Trust Agreement. f 20 C. Execute a deed on behalf of LAG MA BEACH COUNTY 211 WATER DISTRICT transferring its percentage ownership interest 221 in the reservoir to the METROPOLITAN . ; ATER DISTRICT of 23I Southern California, to be held in trustksubject, to the 241 San Joaquin Reservoir Trust Agreement. 25 Section 2 : That Joseph R. Sweany, Secretary, acting 26 � on behalf of LAGUNA BEACH COUNTY WATER .DISTRICT is ,hereby 27 authorized to: 28 ], A. Accept a deed from the IRVINE RANCH WATER DISTRICT 2 on behalf of LAGUNA BEACH COUNTY WATER DISTRICT and its Board 3 of Directors , evidencing an ownership interest of 5.12 percent of 41 the San Joaquin Reservoir. 5 B. Accept a check from the IRVINE RANCH WATER DISTRICT 6 payable to LAGUNA BEACH COUNTY WATER DISTRICT in the sum of 7 $143 , 891.12. g � Section 3 : That :the foregoing authorizations are 91 subject to the prior approval by Jack J. Rimel of the firm i 10 of Rimel and Helsing Incorporated, General Counsel for 11 LAGUNA BEACH COUNTY WATER DISTRICT as to the form and content 12 of the Compromise . Settlement and Mutual Release Agreement, the 13 San Joaquin Reservoir Trust Agreement, and the deeds transferring 14 reservoir ownership as hereinabove mentioned. 15 16 ADOPTED, SIGNED AND APPROVED this day of � l 17 1980 . 18 Preside 20 21I ATTEST: 2211 23 SecretaryIX 24 25 26 27 i 28 { i �� -2- C E R T I F I C A T 1 O N I , JOSEP R. S:vEANY, Secretary of the LAGUNA BEACE COUNTY WATER DIS';'RICT; 0-7 Orange County, California, do hereby certify that the foregoing Resolution No. 325 was duly adopted at a regular meeting of the Board of Directors of said District, held on the 3rd day of June 1980 by the following vote of members of the Board: AYES :• Directors Jahraus , Zitnik, Scherer, Shidler . NOES : None ABSENT: Hastie and I further certify that Richard Jahraus , as President, and. JOSEPH R. SWEANY, as Secretary, signed and approved said Resolution on the ;,.._ day of June , 19 80 .!District Seal) Secretary Of the LAGUNA BEACH COUNTY .WATER DISTRICT STAT OF CAL I FORNIA ) } ss. County of Orange } I , JOSEPH R. SWEANY, Secretary of the LAGUNA BEACH COUNTY WATER DISTRICT, of Orange County, California, do hereby certify that the foregoing is a full, true and clear copy of. Resolution No. 325 , passed ^and adopted by the Board of Directors of said District at a y o'l regular meeting thereof held on June 3 , 1980 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said District thi- ;) day of June , 19 8( (District Seal) Sew' y of said Distric� . RESOLUTION NO. 24-79/80 1 A RESOLUTION OF THE BOARD OF DIRECTORS OF SOUTH 2 COAST COUNTY WATER DISTRICT APPROVING THE COMPROMISE SETTLEMENT AND MUTUAL RELEASE AGREEME,lT AND THE 3 TRUST AGREEMENT PERTAINING TO THE SAN JOAQUIN RESERVOIR AND AUTHORIZING ACTIGiJS RELATED THERETO 4 WHEREAS, the Board of Directors of SOUth Coast County Water District i 5 ' has reviewed the documents involved in settling various disputes related i 6 to the San Joaquin Reservoir. i 7 NOW, THEREFORE, the Board of Directors of South Coast County 'dater f� 8 � . District does hereby RESOLVE, DETERMI"1E and ORDER as follows : 9 I Section 1: That Resolution- No. 19-79/80 be repealed in its entirety. 10 j Section 2: That the President and Secretary of the Board of Directors 11 ,f acting on behalf of South Coast County Water District, are hereby author- 12 ized to: 13 A. Execute the Compromise Settlement and Mutual Release Agreement. 14 ; B. Execute the San Joaquin Reservoir Trust Agreement. IS C. Accept a deed from the Irvine Ranch Itiater District on behalf 16 ( of South Coast County slater District evidencing an ownership interest I 17 % of 1.14 of the San Joaquin Reservoir. I I 18 ! D. Execute a deed on behalf of South Coast County '.dater District 19 transferring its percentage* cwnership interest in the Reservoir to the I 20 Metropolitan Water District of Southern California , to be held in trust 21 j subject to the San Joaquin Reservoir Trust Agreement. 22 Section 3: The final form of all documents set forth in Section 23 2 above shall be in a form as approved by the D.istrict' s General Counsel .. 24 PASSED AND ADOPTED at a regular meeting of the Board of Directors 25 of South Coast County eater District this 17th day of June, 1980. i 26 _ 27 Norman Anderson, President 28 41TTE 1,00000,00,0,0�e 29 tliller, Secret 30 31 32 11 f CEP.TI FI CAT TON I, iv4`iil0,`!v C. MILLER, Secretary of t e SOUTH COAST COli`1T'r' SI, TER DISTRICT, Orange County , California , do hereby certify that the foregoing Resolution 1',!o. 24-79/84ias duly adopted at a regular meeting of the Governing Board of said District, held on the 17th day of June 19 80 by the - T of i ow i ng vote o „ambers of the Board: AYES: Directors : ANDERSON, CROWL, BUSWELL, LAWRENCE, LEEK NO'ES: Di rectors: None ABSEi`iT: Directors: EDWARDS, BROOKS ASSTAM: Di rectors : None and I further certify that P. N. Anderson , as President, and Raymond C_ Miller, as Secretary, signed and approved said ResQl utior� on the 17th day of June _ 19 80 100T ary or the Joard ; Directors COAST COUi`�i! IvIATER DISTRICT (District- Seal } STATE OF CAL IFOR;�IIA) ) ss. COUNTY OF ORANGE ) I , Raymond C. Miller, Secretary of the SOUTH COAST COUNTY WATER DISTRICT, of Orange County, California, do hereby certify that the foregoing is a full , true, and clear copy of Resolution No.24-79/80, passed and adopted by the Governing Board cf said District in a regular meeting thereof held cn 17th day of June 19 80 (Seal ) zv S retary of said Qi r i c t UNANIMOUS CONSENT IN LIEU OF SPECIAL -',viLETI1%,G OF THE EXECUTIVE COMMITTEE OF THE IRVINE COMPANY, A MICHIGAN CORPORATION The undersigned, being all of the members of the Executive Committee of The Irvine Company, a Michigan corporation, do hereby evidence their unanimous consent (pursuant to Section 525 of the Michigan Business Corporation Act) to the following as and for the duly authorized and proper action of the Executive_ Committee of said Corporation: WHEREAS, the Board of Directors, by Resolution adopted August 9, 1977, did authorize the President of the Corporation, upon approval either before or after such designation by the Executive Committee, to delegate in writing to other officers. and subordinate officers of the Corporation the authority to ` - execute and deliver, for and on.behalf of the Corporation, documents binding the Corporation. i 1 NOW, THEREFORE, BE IT RESOLVED, that those officers designated on the attached schedules are hereby authorized to execute those documents described on said schedules , which schedules consist of 22 pages . Dated: August 10, 1977 � J A . Alfred Taub an Donald L. Bren Peter C.-Kremer I nUMORLZATIO1 70 E;}(EC IEi CORPORATE 1)0CUiEMt9 I'a 3 of 5 COMMUNITY 01•:Vl;t•QPM1"N' T Jude 1, 1.980 toe IN011 eer Willette Robinson T}it Ie Roche SCiles Sir-cock C;r�c:or D:::•Jacigr. ir, pro Bir.Bldr/ Assoc.L'ir. ons n Assoc.Dir Directo I'^scription Krcme_ 'Nielsen J. Assoc.Dir President Sr. V.P. Marketing.! Services, Mgmt, EscrowSvc.Admia.Sves Svcs.Dir. Planning (Engines gldt. �e s ("ity,, County, Community Association X Pagements related to 'Tracts approved h,t'wf?nt and Tentative Tracts) ,rinI¢d to Tracts Approved for Develop- X 'trnintive Tracts Agreements (excludes Agreements X tt, ►'esidential Lot Leases) •rmeryt.Q /Entry Permits • •X '.� x nQAlvnment of Leasehblds X x X : x r N••tice of Default X X I? City, County, Developer Commitments X Community Association X irr rind related Documents X '�rooments X f Agreements with City, County X e1 X t Irvine Commitment- to Public A;encies X ted by: Approved: Ve,i,r ma11 s s -- er Co ICreae President r Vice P esident f Community Development Division plies to single family. residential transactions. Developer commitmentp must be aigned by the President of TIC, _^ i r y i 1 RESOLUTION NO. 679 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF COASTAL MUNICIPAL WATER DISTRICT OF ORANGE COUNTY, CALIFORNIA 3 AUTHORIZING EXECUTION OF CONTRACT DOCUMENTS PERTAINING TO SAN JOAQUIN RESERVOIR. 4 5 WHEREAS, The Board of Directors of COASTAL MUNICIPAL 6 WATER DISTRICT of Orange County, California has renewed the 7 documents- involved in settling the various disputes related to 8 the San Joaquin Reservoir. 9i NOW - THEREFORE , the Board of Directors of COASTAL MUNICIPAL I 10 WATER DISTRICT of Orange County, California does hereby RESOLVE, 11 DETERMINE, and ORDER as follows : 12 Section 1: That. James W. Decker, President, and 13 Fred W. Gilbert, Secretary, acting on behalf of COASTAL MUNICIPAL 14 WATER DISTRICT of Orange County, California are hereby authorized 15 to execute the Compromise Settlement and Mutual Release _Agreement. 16 Section 2 : That Jack J. Rimel, of the law firm 17I of Rimel and Helsing, Incorporated, legal counsel for COASTAL 1S MUNICIPAL WATER DISTRICT is hereby authorized to execute a 19 ( Dismissal of Prejudice of the Cross-Complaint and amendments 20 '`Ithereto filed by COASTAL MUNICIPAL WATER DISTRICT entitled 21ii "Cross Complaint for indemnity , declaratory relief , breach of i 22icontract, damages , unjust enrichment , and amendments to said 23 Cross-Complaint , an Orange County Superior Court Case No. 227083 . 24 Section 3 : That authorization to execute the said 25documents above mentioned is subject to prior approval by Jack 2611. Rimel of the law firm of Rimel and Helsing, Incorporated, 27 i general counsel for COASTAL MUNICIPAL WATER DISTRICT, of the form 2811and content of the Compromise Settlement and Mutual Release �I i 'I it 1 Agreement, and the said cross-complaint and amendments thereto. 2I ADOPTED, SIGNED, AND APPROVED this 12th day of 3 JLme 1980 . 4 � t President -� 7 � 8 � ATTEST: —� 9 � 10 +, - rf Secretary 12 � 13 14 15 � g 1711 18 19 20 j 21 i 22 23 i 24 I j i i 26 27 fj 28 i i C E R I T F I C A T I O N I � 'Fred W. Gilbert , Secretary of the COASTAL MUNICIPAL (WATER DISTRICT, of Orange County, California, do hereby certify that the foregoing Resolution No. 679 was adopted at a regular meeting of the Board of Directors of said District , held on the 12th day of June 1980 , by the following vote of members of the Board: AYES : Directors J. W. Decker, J. Killefer, W. T. McM_zray, W. K. Patrick D. C. Simpson NOES : Directors ABSENT : Directors N�I`TE and I further certify that J. W. Decker as President, and rrpri T.j C 11,Prs- as Secretary, signed and approved said Resolution on the 12rh day of June 1980 41 (District Seal) Secretary of COASTAL MUI eCIPAL WATER DISTRICT STATE OF CALIFORNIA) ss . County of Orange ) I , V-rp,; T,,I; Secretary of COASTAL MUNICIPAL WATER DISTRICT, of Orange County, California, do hereby certify that the foregoing is a full , true and clear copy of Resolution No. 679 passed and adopted by the Board of Directors of said District at a regular meeting thereof held on the 12th day of June r 19 80 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said District this 12th day of Ju-ae (District Seal) S retary of COASTAL MU)NICIPAL WATER DIS T RTCT tr RESOLUTION NO. 1041 RESOLUTION OF MUNICIPAL WATER DISTRICT OF ORANGE COUNTY WHEREAS , the Board of Directors of Municipal Water District of Orange County , has reviewed the documents involved in settling various disputes -related to the San Joaquin Reservoir; NOW, THEREFORE , the Board of Directors of Municipal Water District of Orange Count, DOES HEREBY .RESOLVE, DETER- MINE AND ORDER as follows : Section 1 . That Glenn Allen, President , and Dennis E . MacLain , Secretary, acting on behalf of Municipal Water District of Orange County , is hereby authorized to : A. Execute the Compromise Settlement and Mutual Release Agreements substantially in the form presented. Section 2 . That Russell G. Behrens , of Russell G. Behrens , A Professional Corporation , attorney , is hereby authorized to : A. Execute a dismissal with prejudice of Municipal Water District of Orange County ' s cross-complaint entitled Cross Complaint for Indemnification , Municipal Water District of Orange County, a municipal water district , cross-complainant- , vs. Irvine Ranch Water District District , a California water district, Orange County Superior Court Case No. . 227083 . ADOPTED, SIGNED AND APPROVED THIS 28th day of May , 1980 . Page 1 of 2 i AYES Directors Allen , Clark , Griffith , Price and Witt . NOES None ABSENT None President ATTEST : Secretary Page 2 of 2 1 STATE OF CALIFORNIA ) SS . 2 COUNTY OF ORANGE ) 3 4 I , DENNIS E . MacLAIN, do hereby certify and declare 51 that I am the Secretary of the Board of Directors of Municipal 6I1 Water District of Orange County and make this certificate in that I 7I� capacity. I further certify and declare that on the 28th day 81; of May 1980 , at a regular meeting of the Board i! 91 of Directors of Municipal Water District of Orange County, i 10 ' held at the office of the District , Resolution No. 1041 of I llt; the Board of Directors of said District was. duly and regularly i 121 passed and adopted , and that the foregoing is a full , true 131 and correct copy of said resolution. 14 ;� Dated this 30th day of June 1980 . 15 16 17 1811 Secretary of the Board of I� Directors of Municipal Water � 19i District of Orange County. 20 21 22 23 24 Ij I 25 26 'I 27 28 II SAN JOAQUIN RESERVOIR TRUST AGREEMENT 7-1-80 SAN JOAQUIN RESERVOIR TRUST AGREEMENT CONTENTS Section Page Parties & Recitals iv §1 ESTABLISHMENT OF TRUST ( 4 pages) 1.1 a. Duration 1 .1 b. Transfer to Trustee 1 .1 c . Owners as Beneficiaries 1.2 d. Ownership Percentage 1.2 e. TIC/Newport Ownership 1 .3 f. Metropolitan Ownership 1.4 §2 ADVISORY COMMITTEE (6 pages) 2.1 a. Establishment and Membership 2.1 b. Purpose 2 .1 c. Powers 2. 2 d. Authority of Metropolitan 2.6 §3 TRANSFER OF OWNERSHIP ( 5 pages) 3.1 a. Annual Common Sales Pool 3.1 b. Responsibility for Payments 3.2 c. Terms of Sale and Sale Procedures 3 . 2 d. Proceeds of Sale and Reduction of 3 . 3 Interest e. Conditions of Sale 3. 4 f. Transfer of The Irvine Company Interest 3 . 5 §4 FUTURE IRWD DEBT PAYMENTS ( 2 pages) 4.1 §5 OPERATING CRITERIA FOR SAN JOAQUIN RESERVOIR (12 pages) 5.1 a. Agency Storage Rights 5.1 b. Operating Criteria 5.1 C. Authority of Metropolitan 5. 2 d. Normal Operations 5 . 3 e. Demand Emergency Operations 5. 6 f. Source Emergency Operations 5.8 g. Reservoir Maintenance and Repair 5.11 . i 7-1-80 Page §6 RESERVOIR EXPENSES (6 pages) 6.1 a. Allocation and Annual Reservoir Budget 6.1 b. Calculation of Expenses 6. 2 C. Owner' s Budget Obligation 6. 3 d . Payment 6. 3 e. Maintenance of Trust Account 6.4 f. Billing and Payment for Water 6. 5 §7 DEFAULT (4 pages) 7.1 a. Default Defined 7.1 b. Penalty for Default 7.1 C. Reallocation of Defaults 7. 2 d. Termination of Reservoir Use and Loss of Vote 7. 3 e. Sale While in Default 7. 4 f. Legal Remedies 7.4 g. Severability 7.4 §8 INSURANCE AND INDEMNIFICATION (5 pages) 8.1 a. Public Liability Insurance 8.1 b. Defense Against Claims and Suits 8. 3 C. Uninsured Losses 8. 3 d . Damage to Reservoir 8.4 §9 REPAIR AND IMPROVEMENT PROJECTS ( 4 pages) 9.1 a. Financing of Projects 9.1 b. Repair Projects 9.1 C. Improvement Projects 9. 2 d. Payment Obligations 9. 3 §10 MISCELLANEOUS (12 pages; including signatures) 10.1 a. Disputes 10 .1 b. Delegation of Authority 10. 2 c . Successors and Assigns Obligated 10. 2 d. Notices 102 e. Agreement Exclusive 103 f. Amendments in Writing 10. 4 g. Execution in Counterpart 10 . 4 ii 7-1-80 TABLES Page TABLE I (Ownership Interests) 1.3 TABLE II (IRWD Debt Allocation) 4 .1 TABLE III (Regulatory Storage Capacity) 5.4 TABLE IV (Expense Allocation) 6. 2 iii J -1-ttU SAN JOAQUIN RESERVOIR TRUST AGREEMENT THIS AGREEMENT is made and entered into effective the lst 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 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 ( "MESA" herein) organized and existing pursuant to the provisions of 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 of the State of California (Water Code 9§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 §§3000.0 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 7-1-80 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 /-.L-U V 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 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 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 7-1-80 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 /-1-6V 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 representative and 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 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 500 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 i-i-au 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 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 aF; 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 /-1-25U 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 'gable 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 Emergency as provided in Sections 5d(v) and 5e ( v ) hereof. F. Approve alternative methods to fin- ance Reservoir improvement projects as provided in Section 9c hereof. d. Authority of METROPOLITAN. Except for those powers reserved 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 of 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 1-1-dU 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 shall 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 7-1-80 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 48. 93% Mesa Consolidated Water District 583 19. 520 Huntington Beach 400 13 . 400 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 acre feet 100 . 000% 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 7-1-80 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. 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 7-1-80 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 7-1-80 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 . 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 require- ments , consistent with the Operating Criteria, prudent operating principles , and with federal and state water quality, health, and safety standards. 5 . 2 7-1-80 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 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 TABLE III *Regulatory Storage Agency Capacity IRWD 722 of Mesa Consolidated 288 of 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 438; 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 7-1-SO 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- 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 7-1-80 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) EmergencVStorage 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 7-1-80 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 7-1-80 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 7-1-ttU 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 7-1-80 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 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 7-1-80 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 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 characteristics 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 rout-ine 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 7-i-8u 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 7-1-80 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 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 budg-et 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 7-1-80 transferred to any other Owner as provided in Section 3f hereof. TABLE IV Ownership Percentage Interest Subject Expense Agency Name to Share of Expenses Allocation Irvine Ranch Water District 1,461 48. 93% Mesa Consolidated Water District 583 19. 52% City of Huntington Beach 400 13. 39% Metropolitan 300 10 . 050 Laguna Beach County Water District 156 5. 22% The Irvine Company --- South Coast County Water District 50 1. 67% City of Newport Beach 36 1. 21% TOTAL 2 ,986 100. 000 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- TAW 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 7-1-80 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- 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 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 ;_-he 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 7-1-80 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 7-1-80 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 7-1-80 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 f:he 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 r 7-1-80 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 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 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 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 7-1-80 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 against 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 7-1-80 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 ) 100 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 itse-lf 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 7-1-80 of the Reservoir outside of the requirements of Section 5b hereof. 8 . 5 7-1-80 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 J-1-t5U 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 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 7-1-80 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 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 7-1-80 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 such 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 7-1-80 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 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 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 SAN JOAQUIN RESERVOIR TRUST AGREEMENT Effective July_ l , 1980 APPROVED AS TO FORM: IRVINE RANCH WATER DISTRICT ALEXANDER BOWIE, a Law Corporation By President By: By /r �, Secretary SAN JOAQUIN RESERVOIR TRUST AGREEMENT Effective July 1 , 1980 APPROVED AS TO FORM: MESA CONSOLIDATED WATER DISTRICT RUTAN & TUCKER By Lp7st) i�e t Attest: General Counsel Sej retary ` 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 BY Genera-�r�1a� ge By Attest : rc• , . Secretary I SAN JOAQUIN RESERVOIR TRUST AGREEMENT Effective July 1 , 1980 APPROVED AS TO FORM; CITY OF HUNTINGTON BEACH GAIL HUTTON, City Attorney By Mayor iABy Attest: 0�' City Clerk SAN JOAQUIN RESERVOIR TRUST AGREEMENT Effective July 1 , 1980 APPROVED AS TO FORM: CITY OF NEWPORT BEACH HUGH R. COFFIN, City Attorney By 9- By : 'J Attest: City Clerk SAN JOAQUIN RESERVOIR TRUST AGREEMENT Effective July 1 , 1980 APPROVED AS TO FORM: LAGUNA BEACH COUNTY WATER DISTRICT RIMEL AND iELS.ING By 21 Vr#Xident By ' GenderifiNjounse ATTEST- Se re ry SAN JOAQUIN .RESERVOIR TRUST AGREEMENT Effective July 1, 19.80 APPROVED .AS TO FORM: SOUTH COAST COUNTY WATER DISTRICT. ROURKE & WOODRUFF Y _ President By*Generallco-unsel ATTEST Secretary pro-Tem SAIN JOAQUIN RESERVOIR TRUST AGREEMENT Effective July 1 , 1980 APPROVED AS TO FORM: THE IRVINE COMPANY DAVID L. KERRIGAN General Counsel y P es ent By ATTEST : Secretary 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 50000100" 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 3023113" 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 40046120" East 197.60 feet; thence North 0134134" East 461. 17 feet; thence South 89024' 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 0034144" West 175 .56 feet; thence North 57006103" East 45.91 feet; thence North 10055133" East 115. 32 feet; thence North 28046' 32" East 157. 16 feet; thence North 63028144" East 41. 15 feet; thence North 21008106" West 119.62 feet; thence North 0034144" West 70. 00 feet; thence North 58039' 50" West 76. 64 feet; thence North 46019148" East 488.92 feet; thence North 53036116" East 74. 00 feet; thence North 2801413111 East 140. 12 feet; thence North 820 08129" East 23.00 feet; thence South 9041113" East 175.77 feet; thence North 80018147" East 120 . 00 feet; thence North 9* 41113" West 171 . 94 feet; thence North 82008129" East 197.66 feet; thence South 7051 ' 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 81017101" ; thence South 89008132" East 289 . 10 feet; thence South 8000136" East 820 . 76 feet; thence South 33009 ' 09" East 1465. 88 feet; thence South 13025114" East 680 . 00 feet; thence South 69008120" West 270 . 27 feet; thence South 85037108" West 222 . 77 feet; thence North 24013110" West 437 . 65 feet; thence South 76034146" West 40 . 00 feet; thence South 45042 ' 22" West 309 . 17 feet; thence South 11038125" West 1024.86 feet; thence South 75055107" 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*17113" West 1261 .95 feet; North 12°29' 51 ' West 448 . 09 feet; North 22052139" West 454 . 58 feet; North 51020149" West 77. 21 feet; and North 15052' 51" West 276.97 feet to the TRUE POINT OF BEGINNING. PARCEL 2 A non-exclusive easement for ingress and egress over lots A 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" 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) 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) By 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 (office) 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 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°00' 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 3023113" 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 55045' 30" East 294. 18 feet to the "TRUE POINT OF BEGINNING" ; thence South 40046120" East 197.60 feet; thence North 0034134" East 461. 17 feet; thence South 89*24159" 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 0034144" West 175.56 feet; thence North 57006103" East 45.91 feet; thence North 10*55133" East 115.32 feet; thence North 28°46' 32" East 157.16 feet; thence North 63028144" East 41. 15 feet; thence North 21008106" West 119.62 feet; thence North 0*34144" West 70. 00 feet; thence North 58039150" West 76.64 feet; thence North 46*19148" East 488.92 feet; thence North 53036116" East 74. 00 feet; thence North 28014131" East 140. 12 feet; thence North 820 08129" East 23.00 feet; thence South 9041113" East 175.77 feet; thence North 80018147" East 120 . 00 feet; thence North 9041113" West 171 . 94 feet; thence North 82008 ' 29" 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 81017' 01" ; thence South 89008 ' 32" East 289 . 10 feet; thence South 8000136" East 820 . 76 feet; thence South 33* 09 ' 09" East 1465. 88 feet; thence South 13025114" East 680 . 00 feet; thence South 69*08120" West 270 . 27 feet; thence South 85037108" West 222 . 77 feet; thence North 24°13 ' 10" West 437 . 65 feet; thence South 76034146" West 40 . 00 feet; thence South 45°42' 22" West 309 . 17 feet; thence South 11038125" West 1024.86 feet; thence South 75055107" 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*291511 West 448 .09 feet; North 22* 52139" West 454 . 58 feet; North 51020149" West 77.21 feet; and North 15052151" West 276.97 feet to the TRUE POINT OF BEGINNING. PARCEL 2 A non-exclusive easement for ingress and egress over lots A 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- GRANT 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 ) IRVINE RANCH WATER DISTRICT, a public agency 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 47 . 90 percent interest in the real property in the City of Irvine, County of Orange, California described in Exhibit "A" : DATED: IRVINE RANCH WATER DISTRICT By Attest ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss . COUNTY OF ORANGE ) On 'e a 5), 1980, before me, the under- signed, aY Notary Public in and for said State, personally appeared and ;jt� L�. , ,�✓ (name) (name) known to me to be the and (office) ` a .. 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 . OFFICIAL SEAL BETTY J. WHEELER I- NOTARY PUBLIC • CALIF'ORNIA I Notary Public ` ORANGE COUNTY ') v ^' My comm. expires SEP 11, 1931 s 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: �T �w General % nag :r ATTEST: Executive Secreta r 1� GRANT DEED RECORDING REQUESTED BY AND RETURN TO : THE METROPOL'ITAN. WATER DISTRICT OF SOUTHERN CALIFORNIA P.O. Box 54153 Los Angeles , CA 90.054 DOCUMENTARY TRANSFER TAX (Exempt: Chapter 1108 - Statutes 1969) MESA CONSOLIDATED WATER DISTRICT, a public agency 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 19 .11 percent interest in the real property in the City of Irvine, County of Orange, California described in Exhibit "A" . DATED: June 26 , 1980 MESA CONSOLIDATED WATER DIS-7RICT By Attest: �P 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 �---..,.:-.,,_:_ r. and i���C�(name) (name) (name) known to me to, be the ,z `_�:��` �� it� ,��,- ..�;( and .' T r` r: (office) respectively, of the MESA CON- (office SOLIDATED 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. oA.�o©..00+oo.go+00000®o0®++♦4 A OMC1AL SEAL o SUEKG STcRkE?�' a 1 M NOTA,^Y ?t,CL;C-C�l?FaRN;R a ;;a/i "• y /ti'��'�'L. -. ORANGE CCi.:,,,;,;- . Notary Public- � �, y C „miss on cxpres Fe''. 25, - rrn 3.�..±vJe-'-3)•4 'i'i a?wi v>.y t•? ,:•.+`J? 3�-0'.99� - s ACCEPTANCE The undersigned, being the duly authorized agent of THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, does hereby accept on behalf of THE METROPOLITANWATER 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: IV`C2 0"e-. Generar Mazidger ATTEST : Executive Secretor` GRANT 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 ) THE METR0POLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public agency hereby grants to THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation, in trust, subject to the provisions of the San Joaquin Reser- voir Trust Agreement dated July 1 , 1980, as it may be from time to time amended, its undivided 9 . 84 percent interest in the real property in the City of Irvine , County of Orange, California described in Exhibit "A" : 1' DATED: THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORN.7A-� zo BY4 - / i Attest: i- e A ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss . COUNTY OF ORANGE ) On \j�:ene 1980, before me, the under- signed, a Notary Public in and for said State, personally appeared Evan L. Griffith -and Karen E. Dorff (name) (name) known to me to be the General Manager and (office) Executive Secretary respectively, of THE METROPOLITAN (office) WATER DISTRICT OF SOUTHERN CALIFORNIA, 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 tary Public P - OFFICIAL SEA.I. SOPHIE S. WALSH NOTARY PUBLIC- CALIFOPNIA LOS ANGELES COUNTY My ccmm. e;pires JUL 27, ?9u1 Y 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: ,T General� er ATTEST: Executive Secret Fy v GRANT 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 ) CITY OF HUNTINGTON BEACH, a municipal corporation 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 13 . 11 percent interest in the .real property in the City of Irvine , County of Orange, California described in Exhibit "A" : DATED: J10 /9'9D CITY OF HUNTINGTON BEACH APPROVED AS TO POEM: GAIL HUTTON r City Att-rney By Mayor Cz Attest: By: " City Clerk Deputy City y ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss . COUNTY OF ORANGE ) On June 30, 1980, before me, the under- signed, a Notary Public in and for said State, personally appeared Ruth S . Bailey -and Alicia M. Wentworth (name) (name) ',mown to me to be the Mayor and (office) City Clerk respectively, of the CITY OF (office) HUNTINGTON BEACH, the City that executed the within instru- ment, and ;mown to me to be the persons who executed the within instrument, and on behalf of the City therein named, and acknowledged to me that such. City executed the within instrument pursuant to authority of its Board of Directors . WITNESS my hand and official seal . .11aago t gifts l so flfalsl III 1111118t3a0ia1aaaaaaaafa1s1/assb 1 2 OFFICIAL SEAL ��/1 !s✓ :ter' ���,��� �'tiJ % F . CONME A. BROCKWAY= Notary Public NOIARY PUELIC•CALIFORNIA a ORANGE COUNTY � Nly Commission Expires Oct.10, 1981 3 uaaeltaattl®faultanafuafanafeaanaaaasafaaaaafaaaaaaw e 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: f7 2- Q 1 0 General Maniger�' ATTEST : f , Executive Secret,A(IV GRANT 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) CITY OF NEWPORT BEACH, a municipal corporation 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 1 . 18 percent interest. in the real property in the City of Irvine , County of Orange, California described in Exhibit "A" DATED: /� ✓ $ CITY OF NEWPORT BEACH .By Attest,: ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On 1980, before me, the under- signed, Lot y Public in and for sa' d State, personally appeared and &ntj , (name ) (name) known to me to be the and (of.'L'ice) respectively , of the CITY OF ffice NEWPORT BEACH, the City that executed the within instrument, and known to me to be the persons who executed the within instrument, and on behalf of the City therein named, and. acknowledged to me that such City executed the within instrument pursuant to authority of its Board of Directors . WITNESS my hand and official seal . DOROTHY L.�pp,L EN ° Nott ry Public ♦ ; NOTARY PURL!(- �ryUr'QRVI; • ♦ ?RINCIPAL JF'FiCE !;J • ORANGE CoU,4, o MY Commission Exoires Feb. 9. 1981 +e+eeeoeoeoo♦♦eeeooeeo♦♦eooeeo A 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: �l G^ n �a . /"7 8 o 91 Genera Man gE�r ATTEST: xecutive Secretary GRANT 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 ) LAGUNA BEACH COUNTY WATER DISTRICT, a public agency 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 5 . 12 percent interest in the real property in the City of Irvine , County of Orange, California described in Exhibit "A" : DATED LAGUNA BEACH COUNTY WATER DISTRICT By Attest. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On ,? 1980, before me, the under- signed, a terry Publ ' c in and for said State, personally appeared and (name) name known to me to be the e and (office) 2'-14 respectively, of the LAGUNA BEACH (office) COUNTY 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 . Notar P u-"nvlis ....a...........................................■ash OF;ICIAL SEAL m JACK J. RIMEL Notary Public-California __. ORANGE COUNTY My Comrnissioe Expires Dec. 17, 1981 ...................u.a.! r 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: Gener M aA ager / ATTEST: Executive Secr2 y i .t GRANT 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 ) SOUTH COAST COUNTY WATER DISTRICT, a .public agency 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' 1 . 64 percent interest in the ' real property in the City of Irvine, County of Orange, California described in Exhibit "A" : DATED: June 27, 1980 SOUTH COAST COUNTY WATER DISTRICT By Pre..i,dent Attest: Secretary Pro-Tem ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss . COUNTY OF ORANGE ) On June 27 1980, before me, the under- signed, a Notary Public in and for said State, personally appeared P. N. ANDERSON and ROBERT W. BONHAM , (name) (name) known to me to be the President and (office) Secretary Pro-Tem respectively, of the SOUTH COAST (office) COUNTY 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. �®®er.rmo+fe®use.+�e.►asoe9o♦soa•a ,/;% v OFFICIAL SEAL p / CAROLEE LINDEN � NOTARY PUBLIC-CALIFORNIA ' Notary Publi PRINCIPAL OFFICE IN ORANGE COUNTY A ® MY Commission Expires April 12, 1981 6 0044b4+lm�w-+ t0--+A 4t - 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 . i DATED: 1% Crt n e- T � f General NYanager�/ ATTEST: Exe utive Secretar { GRANT DEED RECORDING REQUESTED BY AND RETURN TO: THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA P. O. Box 5.4153 Los Angeles , CA 90054 DOCUMENTARY TRANSFER TAX (Exempt: Chapter 1108 - Statutes 1969 ) THE IRVINE COMPANY, a Michigan corporation 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 2 . 10 percent interest in the real property in the City of Irvine , County of Orange, California described in Exhibit "A" : DATED: T RVINE COMPANY `.B A At ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss . COUNTY OF ORANGE ) On n 1980, before me, the under- signed, a Notar Public in and for said State, personally appeared -lee G'. rP.meY -and G�6, Wffle � (name (name) known to me to be the and (office) ,� respectively , of THE IRVINE (office) COMPANY, the Corporation that executed the within instru- ment, and known to me to be th-e persons who executed the within instrument, and on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the within instrument pursuant to authority of its Board of Directors . WITNESS my hand and official seal . OFFICIAL SEAL # CAROL L. NEQUM'E- c a NOTARY PUBLIC-CAUFORNIA i PRINCIPAL OFFIC: IN ORANGE COUNTY NOta bli c MY COMMISSION EXPIRES DEC. its, 1983 a 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: �v'�Ct s7 e o , 1990 Gen4" al Nana ATTEST: i ,Executive Secret j IRWD Debt Service on San Joaquin Reservoir 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" DAMES M. Iv10NTGOMERY, CONSULTING ENGINEERS, INC . 17802 Sky Park Circle,Suite 201,Irvine,California 92714/(714)979-8733 April 29, 1980 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. (JMM) 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 per-nit 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 ffim investments. "d 6.1 P _ G R E = R C E .N 9 0 V M = !J JAMES X MONTGOMERY.CONSULTING ENGINEERS.INC• 17802 Sky Park Circle,Suite 201, Irvine, California 92707/17141 979•8733 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 "no-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. JAMES X MONTGOMERY,CONSULTING ENGINEERS,INC. 17802 Sky Park Circle.Suite 201, Irvine,California 92707/(714)979.6733 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. TABLE 1 MAXIMUM RESERVOIR DRAWDOWN RATES W.S. Elevation Maximum Drawdown in Feet 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 El. 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 E1. 404.0 (Phase 3) 404.0 Empty 3 6 17 -- (Phase 4) Figures 1,2,3 and 4 presertt 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. JAU S X MONTGOMERX CONSUIMING ENGINEERS,INQ 17802 Sky Park Circle,Suite 201, Irvine.California 92707/(714)97?-9733 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 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 5. 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 9. 10/27/77- 438 62 151 0.41 Test No 03/21/78 376 JA?AM X MONTGOMERXCONSULTING ENGINEERS,INC. 17802 Sky Park Circle,Suite 201, Irvine,California 92707/(714)979-8733 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 RESEROOVR 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 14AMS M.MONTGOMERY.CONSULTING ENGUSIEERS,INC. 17802 Sky Park Circle,Suite 201, Irvine.California 92707/M4)979.8733 Mr. Evan L. Griffith -6- April 29, 1980 Metropolitan Water 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) (85-72) 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. JARS M.MONTGOMERXCONSULTING ENGINEERS,INC. 17802 Sky Park Circle,Suite 201, Irvine,California 927071(714)979.8733 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, le • DuWayne R. Lidke, Vice President DRL/DJH/da LIMITING DRAWDOWN PROGRAM PHASE I I� 3 FEET PER DAY 2O- 10 FEET PER WEEK 3a- 30 FEET PER MONTH LIMITING UPPER ELEVATION = 470.5 (SPILLWAY) -START ELEVATION= 468.0 HOLD I DAY (TYFI W I HOLD 3 - O � I DAYS(TYf,�) �� IN, - O D \ M START DRAWDOWN PROGRAM P-2 LIMITING LOWER ELEV.= 438. HOLD 10 DAYS MINIMUM w Q 0 2 4 6 8 10 12 16 18 20 1 22 24 26 30 32 34 36 38 40 7 14 21 28 35 DAYS OF D RAWDOW N FIGURE I LIMITING DRAWDOWN PROGRAM PHASE 2 lO- 3 FEET PER DAY 2a- 6 FEET PER WEEK 3a- 17 FEET PER MONTH -START LIMITING UPPER ELE\A4TION= 438.0 Z7�" I 3 Q - ti W . ELEV. 421 START DRAWDOWN PROGRAM P-3 HOLD 2-v2 LIMITING LOWER ELEV.= 418.0 DAYS (TYP) U Ir HOLD 3-I/2J HOLD 5 DAYS (n DAYS (TYP.) MINIMUM I � I 0 2 4 6 8 10 12 16 18 20 22 24 26 3 0 32 34 36 38 40 7 14 21 28 35 DAYS OF DRAWDOWN FIGURE 2 LIMITING ®RA DOWN PROGRAM PHASE 3 I�- 3 FEET PER DAY l=!-" 6 FEET PER WEEK Q- 17 FEET PER MONTH ---START LIMITING UPPER ELEVATION = 418.0 0 ` 3 �I I `! START DRAWDOWN PROGRAM P- 4 J HOLD 2-i/2 LIMITING LOWER ELEV.= 404.0 w DAYS Riff) O � 2 W (� HOLD 3-112 DAYS (TYP.) HOLD 10 DAYS MINIMUM I 0 2 4 6 7 8 I 0 12 14 16 18 2021 22 24 26 28 30 32 3436 38 40 35 DAYS OF ®RAC!®OWN FIGURE 3 LIMITING DRAW DOWN PROGRAM PHASE 4 3 FEET PER DAY Q2 — 6 FEET PER WEEK 17 FEET PER MONTH START LIMITING UPPER ELEVATION = 404.0 x 3 ci LIMITING LOWER ELEV. e 3870 3 DAYS (TYP.) � I 2 HOLD 3-1/2 DAYS (TYP.) LIMIT OF WITHDRAWAL (EMPTY) ELEVATION = 370 I° 0 2 4 6 1 6 10 12 16 18 20 22 24 26 30 32 34 36 38 40 7 14 21 28 35 DAYS OF DRAWDOWN FIGURE 4 i SAN JOAQUIN RESERVOIR LIMITING DRAWDOWN PROGRAMS LIMITING DRAWDOWN PROGRAM PROGRAM ELEVATION MAXIMM DRANDOKN RATE SPILLWAY ELEVATION N 470.5 (3050 AF STORAGE) Phase 1_ Between 470.S and 438.0 3 ft/day; 10 ft/week; 30 ft/month 470 -------- -- - _ 438.0 Hold for 30 days mini mum —BEGIN DRAWDOWN ELEVATION 468.0 --� Phase 2 Between 436.0 and 418.0 S ft/day; 6 Ft/week; 17 ft/month 418.0 Hold for 5 days minimum 60 4 Phase 3 Between 418.o and 404.0 3 ft/day: 6 ft/reek; 17 ft/month ` © LIMITMG DRAWDOWN 404.0 Fold for 10 days minimum PROGRAM PHASE I Phase 4 Between 404.0 and empty 3 ft/day; 6 ft/reek; 17 ft/month 450 O `3 Z j DRAWDOWN RATE LEGEND O 440 EL. 438 — _ --- _ LIMITING—^ o- 3 EET PER DAY WE C7} 10 FEET PER WEEK 1 f430 4 PROGRAMAWPHASE 2 6 FEET PER W30 FEET PER EE"LAJ W1420 _ _.� _ EL. 418 ____ _ EL. 421 - �_...— — o-. 17 FEET PER MONTH LIMITING DRAWDOWN V 1 410 1 _ PROGRAM PHASE 3 4=L. ..___ ._ EL.404 X 400 HOLD_ i HOLD I HOLD N jl0 DAYS 3 10 DAYS LIMITING DRAWDOWN 390 MINIMUM �� MINIMUM __ EL. 387 WMIN. 4 PROGRAM PHASE 4 Q 380 370 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160• 170 180 DAYS OF DRAWDOWN FIGURE 5- 1 SAN JOAQUIN RESERVOIR LIMITING DRAWDOWN PROGRAMS LIMITING DRAWDOWN PROGRAFA PROGRAM ELEVATION MAXINOI DRAWDOWN RATE Phase 1 Between 470.5 and 438.0 3 ft/day; 10 ft/reek; 30 ft/month 470 SPILLWAY ELEVATION 470.5 (3050 AF STORAGE) 438.0 Hold for 10 days minims Phase 2 Between 438.0 and 418.0 3 fc/day; 6 ft/reek; 17 ft/month 418.0 Hold for 5 drys minims 10 Phase 3 Between 418.0 and 404.0 3 ft/day; 6 ft/reek; 17 ft/month BEGIN DRAWDOWN ELEVATION 458.0 LIMITING DRAWDOWN 404.o Hold for 10 days minimum 450 PROGRAM PHASE 1 Phase 4 Between 404.0 and empty 3 ft/day; 6 ft/week; 17 ft/mnt11 Z DRAWDOWN RATE LEGEND O 440 EL.43e i�- 3 FEET PER MY 0 FEET PER WEEK 430 �� LIMITING (k 130 FEET PER MONTH PROGRAM PWABE 2 W- 6 FEET PER WEEK -j -420 EL.418LLJ EL. 421 - (,�' 17 FEET PER YOUTH Lij V 1 410 I 3 LIMITING ORAWDOWN PROGRAM PHASE 3 U<-j EL 404 77 7 - X 1400 Z HOLD HOLD HOLD N 10 DAYS 3 10 WAYS 1 390 DAYS I MINIMUM EL. 387 LIMITING DRAWDOWN cr i MINIMUM MIN. — W I PROGRAM PHASE 4 I"' 7 380 3j 4 370 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 DAYS OF DRAWDOWN FIGURE 5 2 SAN JOAQUIN RESERVOIR LIMITING DRAWDOWN PROGRAMS LIMITING DRAWDOWN PROGRAM PROGRAN ELEVATION MAXIMUM DRANDM RATE Phase 1 Between 470.5 and 438.0 3 ft/day; 10 ft/week; 30 ft/month 470 SPILLWAY ELEVATION 470.5 (3050 AF STORAGE) 438.0 Hold for 10 days minimum Phase 2 Between 138.0 and 418.0 3 ft/day; 6 ft/week; 17 ft/month 418.0 Hold for S days minimam 460 Phase 3 Between 418.0 and 404.0 3 ft/day; 6 ft/week; 17 ft/month LIMITING DRAW GOWN 404.0 Hold for 10 days minimtns Phase 4 Between 404.0 and empty 3 ft/day; 6 ft/week; 17 ft/month 1450 PROGRAM PHASE I BEGIN DRAWDOWN ELEVATION 448.0 DRAWDOWN RATE LEGEND 2 440 1 —_� EL. 438 Z -- o- 3 FEET PER DAY !0 FEET PER WEEK 430 I 14 LIMITING DRAWDOWN 30 FEET PER MONTH W PROGRAM PHASE 2 6 FEET PER WEEK W420 EL._418 —EL. 421 - @' 17 FEET PER MONTH LIMITING— DRAWDOWN 410 PROGRAM PHASE 3 C 400 HOLD Z) HOLD HOLD N B 10 DAYS LIMITING DRAW DOWN 390 10 DAYS MINIMUM EL. 307 MINIMUM MIN. I PROGRAM PHASE 4 pAYB W 380 1 4 370 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 '150 160 DAYS OF DRAWDOWN FIGURE 5- 3 SAN JOAQUIN RESERVOIR LIMITING DRAWDOWN PROGRAMS UMITING DRAWDOWN PROGRARA PROGRAM ELEVATION MAXIM84 DRAWD MH RATE Phase 1 Between 470.5 and 438.0 3 ft/day; 10 ft/meek; 30 ft/sonth 470 SPILLWAY ELEVATION 470.5 (3050 AF STORAGE) 438.0 Hold for 10 days minim= Phase 2 Between 438.0 and 418.0 3 ft/day; 6 ft/meek; =ft/month 418.0 Hold for S days minim 460 Phaas 3 Between 418.0 and 404.0 3 ft/day; 6 ft/meek; 17 ft/month LIMITING DRAWDOWN 404.0 Hold for 10 days minis= PROGRAM PHASE I Phase 4 Between 404.0 and empty 3 ft/day; 6 ft/meek; 17 ft/month 1 450 OIFBEGIN DRAWDOWN ELEVATION. 438.0 DRAWDOWN RATE LEGEND Z 440EL. 438 o- 3 FEET PER DAY �— Q 10 FEET PER WEEK 430 `I LIMITING DRAWDOWN Q 30 FEET PER MONTH W PROGRAM PIUL4E 2 (� 8 FEET PER WEEK W 420 EL._418 -..I —EL. 421 {�- 17 FEET PER MONTH U �� _`�-� LIMITING DRAWDOWN 410 I PROGRAM PHASE 3 D4� HOLD MOLD HOLD N 10 DAYS DAYS MINIMUM EL 387 1 LIMITING DRAWDOWN 390 MINIMUM { MIN. I I 4 PROGRAM PHASE 4 3 380 1 4 370 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 DAYS OF DRAW DOWN FIGURE 5- 4 .Js4MES M. MONTGOMERV, CONSULTING ENGINEERS, 1 NC . 17802 Sky Park Circle,Suite 201,Irvine,California 92714/(714)979-8733 June 10, 1980 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, 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 SAN JOAQUIN RESERVOIR SURFACE AREA IN ACRES 5000 10 20 30 40 50 60 TO 80 480 120 SPILLWAY CREST ELEV. 470.5 470 460 SURFACE AREA �`0 100 s CA ACITY W� 440 80 ol � a 1 'jO W IA � I z 420 Is a 60 d WI ' ( � W 1 400 40 r I 380 20 3600 ` 400 800 1200 16�00 N 200f 2400 2800 � 3200 N v ` CAAPPA CITY1 IN `ACRE FEET N H � � DEPTH — AREA o CAPACITY CURVE JAMES M. MONTGOMERY CONSULTING E'4G!►gvv45, IN( 5neet i of 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` o.00-- 0. 52 0.42 4 11 .06 .1 0.42 0. 52 0.1v2 5 11 .5$ .2 0. $4 0. 52 0.42 .6 12 .10 03 1.26 0.52 0.43 ,7 12.62 ,4 1.69 - 0.52 0°43 °$ 13 .14 ,5 2.12 0. 52 0.43 ,9 13 .66 .6 2 • 55 0. 52 .7 0.43 373 .0 0. 56 14 .1$ 2 .9$ . $ 0�43 3 .41 .1 14.74 0.43 0. 56 ,9 3 .$4 .2 15.30 0.1,3 0. 56 371.0 4°2? °3 15.$b 0.47 .1 4 .?4 °4 0. 56 16 .42 0.4? 0. 56 . ,2 5.21 ° 5 .16.9$ 0.47 0. 50 0.47 ,7 0. 56 1$.10 04 � 6.15 0� 5? 0.47 ,$ 1$.67 ° 6 62 . 5 0.47 � .9 0. 57 19.24 .6 7.09 0. 57 0.48 374.0 19. 81 .7 0.4$ 7 . 57 o.60 ,8 $.05 .1°2 20.41 0.4$ o.61 21 .02 •9 $. 53 0.61 0.4$ 3 21 .63 372.0 9.01 0.61 0. 51 4 22 .2�� .1 9. 52 0.61 0° 51 5 22 . $5 ,2 10.03 0.61 0. 51 6 23 .46 °3 10. 54 ° 0.61 e :AR c-11075-1 1 Sheet 2 of 23 SAN JOAQUIN RESERVOIR Capacity Table in Acre-Feet 1 c Elevation Difference Capacity Elevation Difference Capacity Feet Acre-Feet Acre-Feet _ Feet Acre-Feet Acre-Feet °8 0.61 24.68 377 .0 0.74 39.43 o.61 .1 40.17 .9 25.29 0.74 0.61 2 40.91 375.0 25.90 0.74 0.65 .3 � 41.65 .1 26.55 _ 0.74 0.65 •4 42.39 .2 27 .20 0.74 0.65 . 5 43 .13 •3 27•$5 0°75 0.65 .6 43 •$8 .4 2$. 50 0.75 0.65 .7 44.63 . 5 29.15 0.75 0.65 .� 45.38 .6 29.80 0.75 0.66 .9 46 .13 .7 30.46 0.75 .8 0.66 31 :12 0.79 378.0 4.6. 88 0.66 .1 47 .67 •9 31.78 0.79 0.66 .2 48.46 376.0 32.44 0.79 0.69 .3 49.25 .1 33 .13 0.79 0°70 .4 50.04 .2 0.70 33 •$3 0.79 .3 34.53 ` 5 0.79 50. �3 0.70 .6 51 .62 .4 35.23 0.79 0.70 .? 52.41 ..5 0.70 35.93 8 0.79 .6 36.63 53 .20 0.70 0•?9 .7 37 .33 .9 53 .99 0.79 0.70 .� 3$.03 379 .0 54 .78 0.70 0.83 .9 3$.73 °1 0.$3 55.61 c-110?5-2 Sheet 3 of 23 SAN JOAQUIN RESERVOIR Capacity Table in Acre-Feet c Elevation Difference Capacity Elevation Difference Capacity Feet Acre-Feet Acre-Feet _ Feet Acre-Feet_ Acre-Feet 0.83 .3 57.27. .5 1.00 77 .17 0.$3 .6 7$.17 .4 5$.10 1.00 0.84 .? ?9.17.5 5$.94 1.00 0.$.4 .$ $0.17 . .6 59.7$ � 1.00 0.84 ,9 81 .17 ,7 - 6G.62 1.00 . O. s4 3$z.0 � $2 .17 ,$ 61 .46 1.09 0.$4 .1 83 .26 .9 62.30 1.09 0.81r .2 84.35 380.0 63 .14 1.09 0.90 .3 85.44 .1 64.04 1 .09 0.90 ,4 $6. 53. .2 64.94 1 .09 0.90 . 5 $7 .62 .3 65 .81� 1 .09 0.90 .6 $$.71 ,4 66.74 1.09 0.90 .7 89.80 .5 67 .64 1.09 0.91 .$ 90.89 .6 6$• 55 1.10 .7 0.91 69.46 .9 1.10 91.99 .$ P 0.91 70.37 383 .0 1.18 93 .09 0.91 .1 94.27 ,9 71.2$ 1.1$ 0.91 .z 95.45 381.0 72 .19 1 .18 0.99 .3 96.63 73 .18 1.18 0.99 .4 97 .81 .2 74.17 1.19 1 .00 .5 99.00 .3 75.17 1.19 1 .00 .6 100.7-9 ,4 � 76.1? 1 .19 �- c-11075-3 Sheet 4 of 23 SAN JOAQUIN RESERVOIR Capacity Table in Acre-Feet C Elevation Difference Capacity Elevation Difference Capacity Feet Acre-Feet Acre-Feet Feet Acre-Feet Acre-Feet .- . 1.19 1.38 7 101 .38 .9 130.11 1.19 1.3$ .8 102. 57 386.0 131 .49 1.19 1.46 .9 103 .76 .1 132.95 1.19 1.46 384.0 104.95 .2 134.41 01 1.z$ 106 .23 03 1.47 135.$$ 1 .2$ 1.47 .2 107. 51 .4 137.35 1 .2$ 1.47 .3 10$.79 .5 138.82 1.28 1.47 04 110.07 .6 140.29 1.28 1.4.7 .5 111.35 .7 141 .76 .6 1 .28 112 .63 .8 1 .47 143 .23 1.28 1.47 C .7 113 .91 .9 144.70 1.28 1 .47 ,8 115.19 387 .0 146 .17 1 .2$ 1. 56 .9 1.28 116.47 .1 1. 56 147 .73 385.0 117.75 .2 149.29 1.3? 1. 56 .1 119.12 .3 150.85. 1.37 1. 56 .2 120.49 .4 152 .41 1.37 1 . 56 .3 121. 86 . 5 153 .97 1.37 1 .56 .4 123 .23 .6 155. 53 1.37 1. 56 5 124.60 1.3? °7 1. 56 157 -09 .6 125.97 .$ 158.65 1.38 1. 56 .7 1.38 127.35 .9 160.21 .$ 12$.73 3$$.0 1.57 161 .7$ C-11075-4 Sheet 5 of 23 SAN JOAQUIN RESERVOIR Capacity Table in Acre-Feet C . Elevation Difference Capacity Elevation Difference Capacity Feet Acre-Feet _ Acre-Feet Feet Acre-Feet Acre-Feet 1 .�5 1.$1 i .1 163 .43 .3 201.26 1.65 1.81 2 1.65 165.08 390.4 203 .07 1.82 .3 166.73 .5 204.89 1.65 _ 1.82 .4 16�.3� .6 206.71 1.65 1.$2 .5 170.03 .7 20$.53 1 .66 1.82 .6 . 171.69 8 210.35 1.66 1.82 •7 1.66 173 .35 •0 212.17 .8 175.01 1.82 391.0 213 .99 1 .66 .9 176.67 1.85 1.66 °1 215.84 389.0 17$.33 1.85 1 .75 °2 217.69 . .1 180.0$ 1.85 1.75 .3 1.�6 9. 54 .2 181 . 83 .4 221.40 1 .75 1.86 •3 183 . 58 .5 223 .26 .4 1•?5 1$5•33 1.$6 1 .?5 .6 225.12 .5 187.08 1.86 1.75 � •7 226.9� °6 188.83 1.86 1.75 •$ 22$.$4 .7 190. 5$ 1.86 1.75 •9 230.70 .8 1.�6 192.33 1 .75 392.0 232. 56 3.75 .9 194.08 1.$9 .1 234.45 1 .$9 390.0 195•83 .2 236 .34 l .$1 1.90 .1 •197.64 3 238.24 1 .$1 1.90 .2 199.45 d4 240.14 C-11075-5 onee� o of 4-) SA14 JOAQUIN RESERVOIR Capacity Table in Acre-Feet Elevation Difference Capacity Elevation Difference Capacity Feet Acre-Feet Acre-Feet Feet Acre-Feet Acre-Feet 1.90 1.98 .5 242.04 °7 284°77 1.90 1.9$ °6 243 .94 °8 286.75 1.90 1°98 •? 245•84 •9 2$$•73 .8 1s90 247•74 1°9� 395.0 290°71 1.90 - 2.01 .9 249.64 .1 292°72 1.90 2.02 393 .0 251 . 54 °2 294.74 1.93 2.02 •1 1.93 253 •47 °3 2.02 296.76 • 2 255.40 1 .94 •4 2.02 298.78 3 257.34 1.94 ° 5 2.02 300. 80 •4 259.28 °6 302.82 1 .94 2.02 C °5 2.02 261 .22 .7 304.84 1.94 6 1.94 263 .16 .8 2°02 306.86 °7 265°1.0 .9 308•$8 °$ 1.94 267.04 2.0z 1.94 396.0 310.90 •9 268.9$ 2.06 °1 312.96 1.94 2.06 394°0 270°92 .2 315.02 1.97 2.06 °1 272•89 1.9$ •3 z°06 317.0$ .2 1°96 274•87 °4 2.06 319°14 •3 276.85 .5 321.20 1.9$ 2.06 .4 278.83 °6 323 .26 1.9$ z.o6 280.81 1.98 .6 282 •?9 °8 2.06 327 °38 C-11075-6 Sheet '(: or 1-j SAN JOAQUIN RESERVOIR Capacity Table in Acre-Feet Elevation Difference Capacity Elevation Difference Capacity Feet Acre-Feet Acre-Feet Feet Acre-Feet Acre-.feet 2.Oo 2.18 .9 2eo6 329.44 .1 376.10 z.l$ 397.0 2.10 �331.50 2 378.28 2.1$ 1 2.10 333 .60 .3 380.46 2.1$ 397.2 33 5.70 .4 382.64 .3 2.10 z.l$337 .80 . 5 384.82 2e10 2e1$ .4 339.90 .6 387 .00 2.10 2.1$ . 5 342.00 e7 389.18 2.10 2.1$ .6 344.10 s-$ 391.30 z.�a� z.19 .7 346.20 .9 393 . 55 2.10 2.19 .8 34$.30 400.0 395.74. 2.10 2.22 .9 350.40 .1 397 .96 2.11 2.22 398.0 352. 51 °2 400.18 2.14 2.22 0 354.65 .3 402.40 2.14 2.22 .2 2.14 356.79 .4 404.62 2.22 .3 3 58.93 .5 4o6.84 2.14 2.22 .4 2.14 361.07 400.6 409.C6 2.22 .5 363 .21 .7 411. 28 .6 2.14 365.3 5 A 2.22 2.14 4�3 ' 50 .7 367.49 2.22 �.14 °9 415°72 .$ 369.63 2.23 2.14 401 .0 417 .9C � .9 371.77 .2.25 2.15 .1 420.20 399.0 373 .92 .2 2.26 422 .1�6 C-11075-7 Sheet b ot, 4-) SAN JOAQUIN RESERVOIR Capacity Table in Acre-Feet Elevation Difference Capacity Elevation Difference Capacity Feet _ Acre-Feet Acre-Feet Feet Acre-Feet Acre-Feet_ 2.34 .3 424.72 .6 477 .50 2.26 2.34 .4 426.9� •7 479.$4 2.26 2.34 .5 429.24 .8 482 .18 2.26 2.34 .6 431. 50 ,9 .4g4,52 2.26 �.7 433 .76 404.0 2.34 486.86 °� 2.26 436.02 2.37 2.26 .1 2° 7 489 .23 .9 438.28 2.26 •2 491.60 402.0 440. 54 2.37 2.29 .3 493 .97 .l 442. 83 2.37 2.29 .4 496.34 .2 445.12 2.37 2.29 . 5 498•71 C °3 44?•�fl .6 z•37 2.30 501 .08 .4 44971 2.37 2.30 . .? 503 .45 •5 452 .01 2.37 2 .30 .$ 505.82 .6 454.31 z.3$ 2.30 .9 5o8.20 .? 456.61 2°3$ � z.30 405.0 510. 58 2.41 e :8 458.91 .1 512.99 . 2.30 2.41 .9 461 .21 .2 515.40 2.30 2.41 403 .0 463 . 51 .3 517. 81 .1 z •33 z.41 465.84 .4 520. 22 2.33 2.41 .2 468.17 . 5 522.63 2:33 2.41 .3 470. 50 .6 525.04 2°33 2 .41 .4 472.83 .7 527 .4.5 2.33 2.41 .5 475.16 .8 529. 86 C-110'15-8 Sheet 9 of 23 SAN JOAQUIN RESERVOIR CCapacity Table in Acre-Feet Elevation Difference Capacity Elevation Difference Capacity Feet Acre-Feet Acre-Feet Feet Acre-Feet Acre-Feet 2.52 .9 532.27 .2 589.o6 2.41 2.52 4o6.o 534.68 •3 . 591 . 58 1 2.44 53?.12 � 2.52 • .4 594.10 ' 2 2.44 539. 56 2.52 • - •5 596.62 .3 z.45 542 .01 .6 z. 52 599.14 .4 z .45 544.46 .7 2.53 601 .67 2.45 2.53 .5 546 .91 .8 604.20 .6 2.45 549.36 .9 2.53 606.73 2.45 2.53 .7 551.81 409.0 6o9.26 2.45 2.56 08 554.26 .1 611.82 ' C .9 2.45 556.71 2. 56 .z 61t;<3s 2.45 2. 56 407.0 559.16 .3 616 .94 2.48 2,56 1 561 .64 .4 619. 50 2.48 2.56 .2 2.48 564.12 •5 2.56 622.06 •3 566.60 .6 624.62 .4 2•48 569.0$ 2.56 .7 627.18 2•49 2.57 .5 z.49 571 •57 '8 2,5? 629.7.5 .6 574.06 •9 632.3 2 2.49 2.57 •7 2 9 049 576. 55 410.0 2 .59 634. 8 .8 57.9 .04 .1 637 .1Y8 2.49 2.60 .9 581 .53 ,2 640.08 2.49 2.6o 408.0 584.02 •3 642.68 2. 52 2.60 .1 586. 54 •4 645.28 C-11075-9 Sheet 10 of 2J SAN JOAQUIN RESERVOIR Capacity Table in Acre-Feet Elevation Difference Capacity Elevation Difference Capacity Feet Acre-Feet Acre-Feet Feet Acre-Feet Acre-Feet .5 647.$$ .7 2.67 705 .93 2.60 2.6$ .6 650.4$ ,$ 708.61 2.60 2.6$ .7 653 .08 09 711.29 2.60 2.6$ 410.o$ 655.68 4�3 .0 713 .97 2.60 2.71 .9 � 658.2$ 1 716.68 2.60 2.71 411.0 660.88 �2 719.39 2.63 z.71 .1 663 . 51 .3 722.10 2 .63 2.71 .z 666.14 .4 721�.$1 2.63 2.71 .3 66$.77 .5 727 . 52 2.63 2 .71 .4 671 .40 .6 730.23 2 .64 2.71 •5 674.04 •? 732.94 .6 2.64 676 .68 .$ 2.71 .6 2.64 735 5 •7 679.32 2.71 2.64 . •9 73$.36 .$ 681 .96 a 2.71 2.64 684.60 414.0 2.74 741 .07 2.64 °1 743 .$1 . 412.0 6$7 .24 ' 74 2.67 .2 ?46. 55 .1 6$9.91 2.74 2.67 °3 749.29 .2 692. 5$ � 2.74 2.67 .4 752 .03 .3 . 2 .6 69525 2.75 7 •5 754 •7$ .4 697 .92 2.75 •6 ?57 . 53 2.67 2.75 .5 700. 59 •? 76o.25 2.67 2.75 .6 703 .26 .$ 763 .03 C-11075-10 SAN JOAQUIN RESERVOIR Capacity sable in Acre-Feet Elevation Difference Capacity Elevation Difference Capacity Feet Acre-Feet Acre-Feet Feet Acre-Feet Acre-Feet 2.75 .9 765.7$ 2 .$5 827-41 2.75 .2 830.26 415.0 76$. 53 2.85 2.78 .3 833 .11 .1 771.31, 2.86 2.78 .4 835.97 .2, 774.09 2.86 2.7$ .3 776. 87 _ . 5 2.86 838.83 2 .7$ .6 $41 .69 •4 779.65 2.$6 2.78 .7 844. 55 . g 7$2.43 2.$6 2.7� .$ $47 .41 .6 785.21 2.86 .? 2 .78 787.99 .9 2.86 850.27 2 .79 418.0 853 .13 .$ 790.78 2.89 2.79 .1 856.02' .9 C 2.79 793 . 57 •2 2.89 $5b.91 1 416.0 756 .36 2.$2 2.$9 .1 799.18 .3 2.89 861 . 80 .2 $02 2.$2 . 00 2.$Q.4 $64.69 . .3 2.82 $04.$2 2.$9,g $67s5$ 2.$2 .4 807.64 .6 2.90 870.47 .g 2.$2 $10.46 •7 2.90 $73 .37 2 .$2 .$ $76.27 .6 $13 .2$ 2.90 2.$2 $7.9e1? .7 $16.10 .9 2.90 .8 z. $z $18.92 419•0 2.93 $$2 .07 2.82 .1 $$5.0o .9 2.82 821.74 .2 2.93 887 ,93 417.0 824. 56 2.93 2.85 .3 $9o. 86 C-11075-11 -�neeL ll- of 23 SAN JOAQUIN RESERVOIR Capacity Table in Acre-Feet Elevation Difference Capacity Elevation Difference Capacity Feet Acre-Feet Acre-Feet Feet Acre-Feet Acre-Feet 2•93 3.zo .4 893 .79 .7 965.20 2°93 3 .zo ° 5 $96.72 .$ 96$.49 3.20 .6 2• 3 899.65 .9 971.69 2°93 3.20 .7 902°58 422.0 974.89 .8 2 .93 905. 51 .1 3°23 97$-.12 2•94 3.z3 .9 90$.45 2 981.35 2.94 3.z4 420.0 911 .39 .3 984. 59 3.15 3.24 .1 914. 54 .4 987.83 .2 3 • 5 3 .24 917.69 .5 991 .07 3015 3 .z4 .3 920.84 .6 994.31 3 .15 3 .24 .4 923 .99 •7 997 . 55 C , 3 •�5 3.24 " • g 927•14 .$ 1000.79 .6 3 • 3 .24 5 930.29 .9 1004 .03 .7 3 .16 933 .45 423.0 3 .24 1007.27 3.16 3 .z7 .$ 936.61 .1 1010. 54 3.16 3.2$ .9 939.77 . .2 1013 .82 3.16 3 .z$ 421.0 942 93 .3 1017.10 • .1 3 .19 946.12 4 ® 3.2$ 1020.38 319 3 .28 ' .2 949.31 °g 1023 .66 3 •19 3 .2$ .3 952. 50 .6 1026 .94 .4 3° 9 3 .z$ 955.69 .7 1030,22 3.20 3 .2$ .5 958.89 .$ 1033 ° 50 3 .20 3 .28 .6 962.09 .9 1036 .78 C-11075-12 Oneer, Jj of SAN JOAQUIN RESERVOIR Capacity Table in Acre-Feet Elevation Difference Capacity Elevation Difference Capacity Feet Acre-Feet Acre-Feet Feet Acre-Feet Acre-Feet 3 °26 .2 1113 °70 424°0 1040.06 3 .40 3 .32 °3 1117 .10 .1 1043 °3 8 3 .40 .2 3 .32 1046.70 .4 1120°50 3 .40 3.32 °5 1123 .90 .3 1050.02 3.40 3 .32 - .6 1127°30 .4 1053 °34 3 .41 3 .32 ..7 1130°71 .5 1056.66 3.41 .6 3 .32 1059°9$ .8 1134.12 3.41 3.32 .9 1137. 53 .7 1063 .30 3 .41 .8 3 .32 lo66 °62 427°0 3 °44 1140°94 °9 3 °32 1069°94 .1 3 .44 1144°38 3 .33 .2 1147 .82 425.0 1073 .27 3 .44 C .1 3 .36 1076.63 °3 1151.26 3 .36 3 .44 .2 1079°99 •4 1154.70 3°36 3 °45 .3 1083 .35 � °5 115$.15. 3 .45 3 .36 1 .6 1161.60 .4 . 1086.71 3 .45 3 °3b .7 1165.05 5 3°36 1090°07 3 .45 .6 1093 .43 .� 116$.50 3 .45 3 .36 .9 1171 °95 .7 1096°79 3 .45 3 .37 428.0 1175.40 .8 1100.16 3 .48 3 .37 .1 1178. 88 °9 1103 ° 53 3 . � ?.3 .3? ,2 1f 11� .36 426.o 11o6.90 3 .49 3 .40 .3 1185.85 .1 1110..30 3 .49 3 °40 .4 1189.34 C-11075-13 Sheet 14 of 23 SAN JOAQUIN RESERVOIR Capacity Table in Acre-Feet Elevation Difference Capacity Elevation Difference Capacity Feet Acre-Feet Acre-Feet Feet Acre-Feet Acre-Feet ° 3 .57 .5 3 49 1192.83 .7 1270.57 .6 3 .49 1196.32 3 .57 ®$ 1274.14 • 3.58 .7 3 1199.81 .9 1277.72 3 .58 .8 3 • 1203 .30 431 .0 1281 .30 3.49 3 .61 ..9 12o6.79 .1 1284.91 429.0 3 .49 3.61 1210.28 .2 1288. 52 • 3a61 .1 1213 .81 .3 1291.13 ° 3 .61 •2 3 53 1217.34 .4 1295.74 3.53 3.61 •3 1220.87 ° 5 1299.35 3 .53 3 .12 .4 1224.40 .6 1302 .97 3 .53 3 .62 C •5 1z27.93 .7 1306. 59 3 . 53 .b 1231.46 3 .62.$ 1310.21 3. 53 3 .62 .7 1234.99 .9 1313 .83 .$ 3 . 53 123$. 52 3.62 432.0 1317 .45 3 .53 .9 1242 .05 3 .65 3 .53 � •1 1321 .10 430.0 1245. 5$ 3.65 .z 1324.75, • .1 57 1249.15 .3 3.65 1328.40 3.66 .2 3• 57 1252.72 .4 1332.06 3.5? 3 .66 .3 1256.29 .5 1335.72 • .1F 7 3 .66 1259.86 .6 1339:38 3 . 57 3 .66 .5 1263 .43 .7 1343 .04 3 .57 3 .66 .6 1267.00 .8 1346.70 C-11075-14. Orlut;u SAN JOAQ,UIN RESERVOIR Capacity Table in Acre-Feet Elevation Difference Capacity Elevation Difference Capacity Feet Acre-Feet Acre-Feet Feet Acre-Feet Acre-Feet 3 .66.9 1350.36 3 .78 .1 1432 .23 -433 .0 3 1354.02 .2 3 .78 1 ,7$ 1 1436.01 3 .7$ .1 • 1357.72 .3 1439.79 • 2 3 .70 1361.42 3 .78 3 .70 •4 1443 . 57 ,3 136512 3 .79 3 .70 . .5 14-47.36 .6.4 1368.82 3 .79 1451.15 3 .70 3 .79 .5 1372.52 .7 1454.94 3 .70 3 .79 .6 1376.22 .8 1458.73 3 .70 3 .79 .7 1379.92 ,9 1462 . 52 • .8 3 .70 3 .79 1383 .62 436 .0 1466 .31 . 3.70 3 ,$2 •9 1387 .32 .1 1470.13 .0 3 .70 1391.oz 3 •83 1 6 434 .2 473 9 3 .74 3 .83 .1 1394 .70 .3 3•83 1477 .79 .2 3 7 1398. 50 . ,4 1481 .62 3 .74 3 ,$3 ,3 1402 .24 ,5 1485.45 3.74 3 ,$3 .4 1405.98 .6 1489.28 3.74 3.83 •5 1409.72 .7 1493 .11 . 3•74 3,83 .6 1413 .46 .8 1496 .94 3 •?4 3 ,$3 .7 1417 .20 1500.77 3 .75 '9 .8 3 .$3 1420.95 3.75 437.0 1504.60 ,9 1424.70 3 .�? 3 .75 •1 1508.47 435.0 142$.45 3 .$7 .z 151z .34 C-110?5-15 / OIlE; 31 1V V1 F-� SAN JOAQUIN RESERVOIR Capacity Table in Acre-Feet c . Elevation Difference Capacity Elevation Difference Capacity Feet Acre-Feet Acre-Feet Feet Acre-Feet 'acre-Feet 3 •-b7.� 3 .96 .3 1516.21 .6 1606.22 3 .87 3 .96 .4 1520.o8 .7 1610.18 3 .87 3 .96 .5 1523 .95 .8 1614.14 • . 6 . 3.87 1527.82 3 .96 3 •$? .9 1618.10 .? 1531.69 3 .96 3 •$? 440.0 1622.o6 4.00 � - •$ 153 5.56 .1 1626.06 3 •$8 4.00 .9 153 9.44 .2 163 0 X6 3 .$$ 4.00 438.0 1543 .32 .3 1634.o6 3 .91 4.00 .1 1547.23 .4 1638.06 • 4.00 .2 9 1551.14 .5 1642.06 3 .91 4.00 .3 1555.05 .6 1646.ou . 3 .91 4.00 .4 1558.96 .7 1650.o6 3 .91 4.00 . 5 1562.87 .8 1654.06 ' • 2 4.01. .6 1566.79 .9 1658.07 3 .92 4.01 .7 1570.71 441.0 1662.o8 3 .92 4.04 •8 1574.63 .1 1666.12 3 .92 4.04 .9 1578.55 ,2 1670.16 3 .92 4.04 439.0 1582.47 ,3 1674.2o 3.95 • 1 1586.42 4.05 3 .96 .4 1678.25 .2 1590.38 4•05 3 .96 , 5 16$2 .30 4.05 3 .96 .3 1594.34 . .6 16$6.35 4•05 .4 1598.30 ,7 16go.40 3 .96 4,05 .5 1602.26 .8 1694.45 C-110?5-16 bneet i/ of 4} SARI JOAQ,UIN RESERVOIR Capacity Table in Acre-Feet Elevation Difference Capacity Elevation Difference Capacity Feet Acre-Feet Acre-Feet Feet Acre-Feet Acre-Feet 4.05 4.18 .9 1698. 50 •3 1797 .38 4.05 4.1$ 442.0 1702 .55 .4 18ol . 56 4.09 4.18 .1 17o6.64 .5 1805.74 09 4.1$ 2 1710.73 • •6 1$09.92 4.09 4.1$ •3 1714.82 .7 1814.10 4.09 4.1$ .4 1718.91 •$ 1$1$.2$ 4.09 4.19 •5 1723 .00 .9 1822.47 4.09 4.19 .6 4•09 4•zz 1727 .09 445.0 1826.66 .7 4.09 4.22 1731.18 •1 1830.88 •8 1735.27 •2 1835.10 4.10 4.22 C •9 4•10 1739.37 •3 4.23 1839 .32 443 .0 1743 .47 •4 1843 . 55 i•-3 4.23 •1 1747 .60 . 5 1847.78 4.13 4.23 .2 1751 •73 .6 1852 .01 4.13 4,23 .3 4.14 1755.86 •7 2 1856.24 04 1760.00 ®8 4. 3 1860•47 4.14 4.23 •5 1764.14 .9 1$64.70 ®6 4.14 176$•2$ 4•z3 4.14 446.0 4.27 186$•93 .7 1 4.27 1772.42 �• 4 .1 1$73 .20 .8 1776. 56 .2 1877 .47 4.14 4.27 .9 17$o.70 J 1$$1 .74 4.14 4.27 444.0 1784.84 •4 1886 .ol 4.1$ 4.27 •1 1789.02 •5 1890.28 4.1$ 4.2? .2 1793 .20 .6 1894. 55 C-11075-17 Sheet 15 of 23 SAN JOAQUIN RESERVOIR Capacity Table in Acre-Feet Elevation Difference Capacity Elevation Difference Capacity Feet Acre-Feet Acre-Feet Feet. Acre-Feet Acre-Feet 4.27 4.40 .7 1898.82 .1 2002.84 o$ 4.27 4.40 1903 ,09 .2 2007 .24 4.28 4.40 .9 1907.37 .3 2011 .64 ' 4.2$ 4.40 447.0 1911.65 .4 2016.04 4.31 - 4.41 .1 1915.96 .5 2020.45 4.31 4.41 .2 1920.27 .6 2024.86 4.31 4.41 .3 1924.58 .7 2029.27 4.32 4.41 .4 1928.90 .8 2033 .68 4.32 4.41 .5 1933 .22 .9 2038.09 4.32 4.41 .6 1937. 54 450.0 2042. 50 4.324.45 .7 1941.86 .1 2046.95 4.32 4.45 .8 1946.18 .2 2051.40 4.32 4.45 .9 1950. 50 .3 2055.85 4.32 - 4.45 448.0 1954.82 .4 2060.30 - 4.36 4.45 .1 1959.18 .5 - 2064.75 .2 4.36 4.45 1963 .54 .6 2069.20 4.36 4.45 .3 1967.90 .7 2073 .65 .4 4 4.46 +•36 1972.26 .8 2078.11 4.36 4.46. .5 4.36 1976.62 ,9 4.46 2082 . 57 .6 1980.98 451.0 2087 .03 4.36 � 4.50 .? 1985.34 .1 2091 . 53 .8 4.36 1989.70 .2 4.50 2096.03 4.37 4.50 .9 1994.07 .3 21Co. 53 � . . 449.0 4.37 1998.44 ,4 4.50 2105.03 C-11075-18 Sheet 19 of 23 SAN JOAQU IN RESERVOIR Capacity Table in Acre-Feet C Elevation Difference Capacity Elevation Difference Capacity Feet _ AFre-Feet Acre-Feet Feet Acre-Feet . Acre-Feet . .7 2209.6$ . 5 2109. 53 4.60 4° 50 °$ 2214.2$ .6 2114°03 4.60 °.? 4. 50 211$e53 .9 .b0 2218.88 .8 2123 .03 � 4.50 454.0 4 2223 .48 4.64 4.50 .1 2228.12 .9 2127.53 4.64 4. 51 .2 2232.76 1F52.0 2132.04 4.64 4. 54 .3 6 2237.40 .1 z136. 5$ 4. 4 4.54 .4 2242.04 ,2 2141 .12 4.64 4. 55 .5 2246 .68 .3 214.5.67 4.64 4° 55 .6 2251 .32 ,4 2150.22 4.65 4. 55 •7 2255.97 . 5 215L�-•77 4°65 .6 4. 55 2159.32 .8 55 226o.62 4. 4.65 .7 2163 .87 .9 2265.27 21 4.55 4.65 ,$ 6$.42 455.0 2269.92 4®55 4.69 .9 2172 .97 .1 22?4.61 4.55 453 .0 z177. 5z .2 4.69 2279.30 4.59 4.69 °1 . 21$2 .11 °3 22$3 �99 4.59 4.69 .2 21$6.70 .4 22$$.6$ 4. 59 � 4'69 ,3 2191.29 .5 2293 .37 4.59 .6 4.69 2298.o6 ,4 2195.$$ 4•b9 4.60 ,? 2302 •75 ,5 � 2200.4$ 4.69 4.60 °$ 2307 .44 ,6 2205.0$ 4.69 4.60 ,9 2312.13 C-110?5-19 ULLGti4 l..V SAN JOAQUIN RESERVOIR Capacity Table in Acre-Feet Elevation Difference Capacity Elevation Difference Capacity Feet Acre-Feet Acre-Feet Feet Acre-Feet Acre-Feet 456.0 .' 4�7�- � 2316.�3 .3 4 �3 � 2426. 57 .1 4.73 2321. 56 .4 4.83 2431.40 .2 4.74 2326.30 °5 4.83 2436.23 4.74 4.83 •3 2331.04 .6 2441.06 .4 4.74 2335.78 7 4.84 4.74 4.$4 2445.90 .5 2340. 52 .8 2450.74 .6 4°?4 2345.26 ®9 4°$4 2455. 58 4.74 4°84 .7 2350.00 459.0 2460.42 .8 4.74 2354.74 .1 4.88 2465.30 4.74 4.$$ .9 23 59.48 .2 2470.18 457 .0 4.74 2364.22 .3 4.88 2475.06 4.78 4.88 .1 4.78 4°��2369.00 .4 2479.94 .2 4.78 2373 .78 .5 4.88 2484.82 .3 4.78 2378.56 .6 4°$� 2489.70 .4 2383 .34 .7 2494. 58 4.79 4.88 .5 4•79 2388.13 .8 4°�9 2499.46 .6 2392.92 .9 2504.35 4.79 4.89 •7 2397.71 460.0 2509.24 .8 4.79 2402. 50 .1 4.93 2514.17 . •?9 4.93 °9 2407 .29 .2 2519.10 4°79 4.93 458.0 2412.08 .3 2524.03 4•83 4.93 °1 . 2416.91 .4 2528.96 4°$3 4.93 °2 2421 .74 C C-11075-20 i Sheet 21 of 23 SAN JOAQUIN RESERVOIR Capacity Table in Acre-Feet Elevation Difference Capacity Elevation Differnce Capacity Feet Acre-Feet Acre-Feet Feet Acre-Feet Acre-Feet e6 4.93 2538.8z .8 2648.54 4.93 5.03.9 2653 .57 .7 2543 .75 5.03. 4.93 463 .0 2658.60 .8 2548.68 5.07, .9 4.93 2553 .61 - .1 5.07 2663 .67 4.93 .2 2668.74 461.0 2558. 54 5.07 4.97 .3 2673 .81 1 1 2563 .51 5.07 4.98 .4 2678.88 .2 2568.49 5.08 4.98 .5 2683 .96 .3 2573 .47 5.08 4.98 .6 2689.04 .4 2578.45 5.08 4.98 .7 2694.12' .5 2583t43 5.08 e6 4.98 2588.41 .8 5.08 2699.20 .7 4.98 2593 .39 •9 5.08 2704a28 4.98 464.0 2709.36 .8 2598.3 35 g.12 7 5.12 ,9 2603 . 4.9$ .1 2714:48 4.98 .2 2719.60 462.0 2608.33 . 5.12 ®1 5.02 2613 .35 .3 5.12 2724.72 .2 5•02 2618.37 .4 5.12 2729.84 e3 5.02 2623 .39 .5 5.13 2734.96 .4 5e03 2628.42 .6 5.13 2740.09 5.03 .7 2745.22 .g 2633 .45 5.13 .6 5.03 2638e48 .8 13.5 2750.35 5.03 � .9 . 2755.4$ e7 2643 .51 5.13 C-110?5-21 bneet ;I-z of 23 SAN JOAQUIN RESERVOIR Capacity Table in Acre-Feet Elevation Difference Capacity Elevation Difference Capacity Feet Acre-Feet Acre-Feet _ Feet Acre-Feet Acre-Peet 465.0 - 2760.61 - -- 5.27 .1 5.17 2765.78 °3 2880.39 5.17 5.27 .2 2770,95 °4 2$$5.60 5.17 5.2? .3 2776.12 °5 2$90.93 5.27 .4 5.17 2781.29 - .6 5.27 2896.20 . • . . 5 5 17 27$6.46 7 5,27 2901.47 .6 5.17 2791.63 5.z� .$ 2906.74 5.17 .? 2796.$0 •9 291z.Oz 5.18 46$.0 5.28 2917.30 .8 28o1 .9$ 5.18 9 28G 16 •1 5 2 2922.62 5.1 7 5.32 .2 2927.94 5.22 ,3 466.o z�1z .34 5.32 2933 .26 C . .1 2$17.56 5.32 .2 5.zz 2822.7$ .4 z93�. 50 5.22 5.32 .3 2828.00 .5 2943 .90 5.32 5.22 .6 2949.22 .4 2�33 .22 5.32 5.22 .? 2954. 54 . 5 2838-44 5.32 5.22 .8 2959.86 .6 2�43 .66 5°32 5.23 •9 2965.18 •? 2�4$•�9 5.33 .8 5.23 2854.12 469.0 5.37 2970. 51 •9 5•23 2$59.35 .1 5•37 2975.88 • . 467.0 5.23 2864. 5 2 5.37 2981 .25 .1 5.27 2869.85 •3 5.37 2956.6E .2 5.27 2875.12 .4 2991 .99 C-11075-22 Sheet 23 of 23 a a SANT JOAQUIN RESERVOIR Capacity Table in Acre-Feet Elevation Difference Capacity Elevation Difference Capacity Feet Acre-Feet Acre-Feet :Feet Acre-Feet Acre-Feet 5 z997 .36 5.37 .6 3002.73 5.37 •7 3oo8.lo 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.L2 5.41 •�� 3 04 5.83 5.41•5 3051.24 c-11075-23