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RESJL'JTIJ:: ~:v. 1291.
RESOLUTI01; OF THE CITY CF ARCADIA AUTHORIZING THE EXECUTI(H! OF
11.:.1EHD:.:EIJT TO TlIE Ell.Y:.:OND 3ASII{ AREA ,:.rATEl1 EXCHANGE AGREE:'."EHT VV 1943.
THE CITY CJl,l!CIL OF THE CITY or ARC.h:JIi~ DCES RESOLVE AS ::?::lLLO',"!,:>:
SECTIOR 1. ~1~RZAS..on the 19th day of October. 1943. ay Resolu-
tion 1:0. 1267. this Ci ty Counci 1 authorized the o.<l:ocution by tho l:ayor
and City Clerk of the City of Arcadia. of i;i1e :1ay;.lond Basi!l Ai'ea ..-Ic.ter Z);.
CllongO Agree~ent of 1G43. in connection '.'ii th that certain ection penclin;:;
in tho Superior Court of the State of California in and for the County of
:'os Angeles entit13d lIC::.ty of Pc.no.dena VEl. City of rl1:l8.l:10ro., et 0.1". ::0.
Pasadona C-1236, ~,d
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since the e)~ecution of said a~ree::lent anothe:..' party to
sc.id action, to-~i~: La Crnada Irribation District, is dosirou~ of beco~inG
0. party and oeco~inG bound by the provinions and obligations of caid AGree-
ment of 1943. and
','!IIEREAS, J.n order tllat said Lo. Canada Irrigation District raay "UO
made 0. party to said agreonent it is necessary that an amendment to !laid
Raymond Dasin Aroa ~o.ter ExchanGe A~ree~ent of 1943, a copy of ~hich is
attached and by rei'orence is nade a part of this Resolution. be executed
by the City of Arcadia.
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BE IT RESOLVED, that said amend~ent to tho :1aYIT.~nd
Basin Area ',7atej,' ExchanGe .'....;ree:,:ent of 1943, ';19 and t:10 SOlne is llel'elJy
approved, and that the I.Iayor and City Clerk be authorizod nnd tiley a!'o
hereby instructed to execute the same for. and on behalf of the City of
Arcadia.
SECTIm: 2. The City Clerk shall certify to the adoption of this
Resolution.
I heroby certify that the fore;:;oins Resolution TIan adopted at a ro~ular
~eetlnG of the City Council of t113 C::.ty :Jf j~!'cudia. held on tl:e 21st day
of i.:arch, 1<J4<1. by the affirmatIve vote of at least t:1ree Cou.nci1no'c, to-I'ii
x,::;::;: C'Ouncl~',lCn,
nGE~: None ...
J1.D~DTT': None _
...dcock, Jones, Leeper, llugent and Orrasby
~lGneQ nnd approved thia
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/1 at day or :.~c.rchJ 194,t1..
"~l ~~Clerk.
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A.rvlENDMENT TO
RAYMOND BASIN AREA VIATEH EXCHANGE
AGREill!iliNT OF 1943
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THIS AGRE~,lENT, made by and between the cities, districts,
corporations and persons, the names of which are hereunto sub-
scribed, WITNESSETH THAT:
WHEREAS, La Canada Irrigation District, a defendant in
that certaln actlon now pending in the Superior Court of the
State of Californla in and for the County of Los Angeles, enti-
tled: "City of Pasadena, a municipal corporation, Plaintiff, vs.
City of A~hambra, a municipal corporation, et a1., Defendants,"
No. Pasadena C-1323, has become a ;>arty to and is now bound by
that certain stipulation filed in said action dated the 29th day
of September, 1943, and is desirous of becoming a party and be-
coming bound by the provisions and obligations of the Raymond Ba-
sin Are~ Water Exchange Agreement of 1943;
NOW, THEREFORE, in consideration of the premises, it is
hereby mutually agreed by and bet\veen the parties hereto, each
with ,each, all with each and each with all, as follows:
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Said Raymond Basin Area Water Exchange Agreement of 1943
ls hereby amended in the following particul~rs:
1. That Article IV of said agreement be amended by add-
lng to the list of parties in the Western Unit on page 4 thereof
the following:
"La Canada Irrigation District 50"
2. That the first two paragraphs of Article VII be
amended to read as follows:
"The City of Pasadena and the seven parties named below
are and have been pumping or otherwise taklng water from the
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ground in sald Monk Hill Basin, which has a safe yield of 6060
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1 acre-feet per year under existing condltions:
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F1intridge Mutual Water Company
Las Flores Water Company
Llncoln Avenue Water Company
Pasadena Cemetery Association
Rubio Canon Land and Water Assoclation
Valley Water Company
La Canada Irrigation District
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6 "In order to enable said seven partles to take released
7 water without exceeding the safe yield of said basi.n, the City of
8 Pasadena shall restrict its taking thereln and may take from else-
9 where in the Western Unlt of the Raymond Basin Area the remainder
10 of its decreed right in sald Western Unit. The Clty of Pasadena
11 shall not pump or otherwise take in the Monk Hlll Bas~n more
12 water ln any twelve month period beginning July 1st than the dlf-
13 ference between the safe yield of said basin and the sum of (1)
14 the amounts taken by non-parties in said basln, .( 2) the decreed
15 rights of said seven parties, and (3) the amount of water released
16 by any party or parties other than said seven parties for use in
17 such period by one or more of said seven parties; provided that
18 in the event the aggregate amount of released water taken in any
19 such perlod by said seven parties minus the swn of the total
20 amount of water released in the Western Unit by the City of Pasa-
21 dena in the same period and the total amount of water released
22 by one or more of said parties, exceeds 7.45 per cent of the safe
23 yield of the Monk Hl1l Basln, the City of Pasadena shall be paid
24 as undue cost Ten Dollars ($10.00) per acre-foot by sald seven
25 parties for each acre-foot of such excess as provided in Article
26 X hereof; provided, further, that in the appllcation of the pro-
27 vislons of paragraph V of the judgment, said clty may not take
28 more water ln said basin in any twelve month period beginning
29 July 1st than one hundred twenty per cent (120%) of the sald dif-
30 ference between the said safe yield and the said sum of items (1),
31 (2) and (3) in this Article VII hereinabove mentloned, and such
32 greater amount as may be necessary in case of an emergency as de-
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1 termined by the Water Master, but in no event shall the aggregate
2 amount of such taklng by said city during any period of slxty con-
) secutlve months exceed the sum of the sald differences durlng the
4 same sixty month period."
5 ). That paragraph 2 of Article X be amended ~o read as
6 follows:
7 "2. During each twelve month perlod beglnnlng July 1st,
a water pumped or otherwise taken in the Western Unlt under requests
9 for the release of water shall be deemed to have been obtalned
10 flrst from the party or parties whlch offered to release water
11 for the use of others at the lowest price per acre-foot, and, lf
12 the quantity so obtained is less than the aggregate requested by
1) all parties, the additional water required shall be deemed in
14 11ke manner to have been obtained progressively from the remaln-
15 lng party or partles offering the water at the next lowest price
16 or prices, subject to the following exceptions:
17 "(a) The seven partles named in Article VII hereof shall
18 be deemed to have obtained water released by the City of Pasaden~
19 ln any amount not greater than the excess quantity to whlch the
20 undue cost defined in said Article VII is appllcable, in 11eu of
21 an equal quantity offered by any other party or partles at a
22 prlce or prlces lower than the prlce offered by said clty, when-
2) ever the total of all payments to be made by said seven parties
24 for released water and for said undue costs would thereby be re-
25 duced.
26 "(b) All parties taking released water under the provl-
27 sions of this agreement in the Western Unit, excepting said sev-
28 en partles taking water in the Monk Hill Basin, shall pay a uni-
29 form prlce per acre-foot for such water released, .and said prlce
)0 shall be the lowest possible average price determlned without re-
)1 gard to the provisions of subparagraph (0) above.
)2 "(c) The said seven parties shall pay a uniform price
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1 per acre-foot for water released, and said price shall be the
2 lowest possible average price determined with regard to the
3 provisions of subparagraph (a) above and without modification
4 of the price to be paid by any other party taking released
5 water ln the Western Unit during the same twelve month perl-
6 od."
7 4. That paragraph 5 of Artlcle X be amended to read
8 as follows:
9 "5. The Water Master also shall distrlbute the total
10 amount of any separate payment due the City of Pasadena under
11 the provisions of Article VII hereof in proportlon to the to-
12 tal amount of water pumped or otherwise taken under requests
13 for the release of water by said seven parties and shall bl11
14 each party at the unit price so determined and payment there-
15 for shall be made to the Water Master within thirty (30) days
16 after the service of each such statement. If such payment be
17 not made as herein provided such payment shall be delinquent
18 and interest and enforcement of pa~nent thereof shall be as
19 provlded in paragraph 3 of this Article X. Promptly upon re-
20 ceipt of such pa~nents, the Water Master sholl make such sep-
21 arate payment to the City of Pasadena."
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23 Thls amendment shall be effective upon the date upon
24 which the same shall have been executed by the last party here-
25 to executing the same, but shall not become operative until
26 all the parties named in Artlcle IV of the Raymond Basin Area
27 Water Exchange Agreement of 1943 and the La Canada Irrigation
28 Distrlct shall have signed thls amendment or its counterpart,
29 and thereafter this amendment shall be bindlng upon and inure
30 to the benefit of each of the parties hereto and each of its
31 respective heirs, successors and assigns.
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1 III
2 Except as otherwise provided in Artlcle IV of the sald
3 Raymond Basln Area Water Exchange Agreement of 1943 as amended
4 herein, each and all of the covenants of snid agreement as amend-
5 ed herein shall be bindlng on each party to sald agreement and
6 sald amendment for the maximum period of tlme permitted by law
7 as to each party.
B Dated:
City of Alhambra, a municipal
corporation,
By
City of Monrovia, a municlpal
corporation,
By
President of the City Council
and Mayor of the City of
Monrovia
Clty of Arcadia, a municipal
corporation,
By ?n.#~
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~~ ~Cler~
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City of Pasadena, a munlcipal
corporation,
By
C!l9.irman of the Board of Direc-
tors
City of Sierra Madre, a munlci-
pal corporation,
By
Mayor
San Gabriel County Water Dis-
trict,
President
Los Flores Water Company,
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1 Dated:
2 Attest:
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Rublo Canon Land and Water
Association,
3 By
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Dated:
Attest:
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Attest:
Dated:
Attest:
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Secretary
President
Valley Water Company,
Secretary
Flintridge Mutual Water Company,
Secretary
Mira Lorna Mutual Water Company,
Secretary
El Campo Mutual Water Company, .
By
Presldent
Secretary
California Water & Telephone
19 Company,
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Dated:
Dated:
Vice-president
Assistant Secretary
Crown City Ice Company,
Royal Laundry & Dry Cleaning
Company,
By
Vice-pre3ident
and
Treasurer
A. V. Wagner,
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Dated:
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Ross M. Lockhart,
4 Chesley E. Osborn and Kathleen
M. Osborn,
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Dated:
Dated:
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Dated:
First Trust & Savings Bank of
Pasadena,
By
President
By
Secretary
H. E. Huntington Library & Art
Gallery,
By
Chairman of the Board of
Trustees
By
Trustee
By
Trustee
Llncoln Avenue Water Company,
By
President
By
Secretary
Pasadena Cemetery Association,
By
Canyon Mutual Water Company,
By
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Secretary
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Alice Graves Stewart
Kathnrlne Graves Armstrong
Francis P. Graves
Heirs at Law and Reslduary Lega-
tees of the Estate of Allee H.
Graves, deceased.
La Canada Irrigation District,
By
President
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