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HomeMy WebLinkAboutC-2817Ice - ' f IWMainSanGabriel Basin C Z g f 7 WATEMASTFR July 23, 2013 City of Arcadia Mr. Tom Tait 11800 Goldring Road Arcadia, CA 91066 -6021 SUBJECT: TRANSFER OF RATER RIGHTS Dear Mr. Tait: Documents evidencing the transfer on June 26, 2013 by Temporary Assignment or Lease of Water Right owned by California Domestic Water Company to City of Arcadia have been received and appear to be in compliance with Watermaster Rules and Regulations. This transfer was acknowledged by Watermaster at its July 10, 2013 meeting. The effect of this transfer on your fiscal year 2012 -2013 production right is shown on the attached Status of Water Production Rights form. The resulting total production right shown in Section III.E. on the attached form is the total Production Right free from the Replacement Water Assessment for fiscal year 2012 -2013 after the completion of this transaction. PLEASE ADVISE THIS OFFICE WITHIN 15 DAYS OF THE RECEIPT OF THIS LETTER OF ANY COMMENTS OR CORRECTIONS YOU MAY HAVE REGARDING THE TRANSFER OR THE CALCULATIONS SHOWN ON THE ATTACHED FORMS. enclosure D 725 North Azusa Avenue - Azusa, California 91702 - Telephone (626) 815 -1300 - Fax (626) 815 -1303 http: /Avww.watermaster.org ®Printtti on RKjdGd Pam . MAIN SAN GABRIEL BASIN WATERMASTER STATUS OF FY 2012 -2013 WATER PRODUCTION RIGHTS OF City of Arcadia AS OF 6/26/2013 I Basic Production Rights Producer's Prescriptive Pumping Right: Pumper's Share: Operating Safe Yield: Pumping Right: Surface Diversion Right: 8,361.90 acre feet 4.23099 % 200,000 acre feet 8,461.98 acre feet 0.00 acre feet II Lease of Water Rights On 6/26/2013 California Domestic Water Company (Assignor) leased to City of Arcadia (Assignee) for production during fiscal year 2012 -13 in the amount of 3,000.00 acre -feet of Production Right. III Producer's Total Production Right Free of Replacement Assessment: A. Basic Production Right (Pumping & Surface Diversion): B. Carryover of unused rights from FY 2011 -2012: C. Previously transferred right (+ or -): D. This transferred right (+ or E. Total Production Right: 8,461.98 acre feet 0.00 acre feet 0.00 acre feet 3,000.00 acre feet 11,461.98 acre feet TEMPORARY ASSIGNMENT OR LEASE OF WATER RIGHT For a valuable consideration, receipt of which is hereby acknowledged, CALIFORNIA DOMESTIC WATER COMPANY , ( "Assignor ") does hereby assign and transfer to commencing on water right (s) JULY 1, 2012 CITY OF ARCADIA ,( "Assignee ") and terminating on JUNE 30, 2013 , the following (Check following appropriate category) X Production Right 3, 000 AF Integrated Production Right (consist of Prescriptive Pumping Right AF acre -feet of "Prescriptive Base Annual Diversion Right AF Pumping Component" and acre -feet of "Diversion Component ") Carry -over Right AF adjudicated to Assignor or his predecessor in the Judgment in the case of "Upper San Gabriel Valley Municipal Water District vs. City of Alhambra, et al" Los Angeles Superior Court No. 924128 Said assignment is made upon condition that: 1. Assignee shall exercise said right on behalf of Assignor for the period described hereinabove and the first water produced by Assignee from the Relevant Watershed of the Main San Gabriel Basin after the date hereof shall be that produced hereunder; 2. Assignee shall put all waters utilized pursuant to said transfer to reasonable beneficial use; and 3. Assignee shall pay all Watermaster assessments on account of the water production hereby assigned or leased. RECEIVED DATED: MAY 3, 2013 JUN 2 6 2013 ASSIGNEE ASSIGNOR CITY OF ARCADIA MSGB WATER IA DOMESTIC WATER COMPANY By: By. � Name of Designee (of Assignee) to receive Na of Designee of Assignor) to receive service of Processes & Notices: service of Processes & Notices: TOM TAIT JAMES M. BYERRUM Nance of Designee 11800 GOLDRING ROAD Address ARCADIA, CA 91006 Tel, No. of Designee: 626.305.1386 Name of Designee 15505 WHITTIER, CA 90603 Address WHITTIER, CA 90603 Tel. No. of Designee: 562.947.3811 To be executed by both Assignee and Assignor and, if separately requested by Watermaster, be accompanied by a map of the service area where the water was used by Assignor and a map of the service area where the water is intended to be used by the Assignee. (Have the appropriate individual(s) or corporate attached acknowledgments completed as of the temporary transfer) A TRUE COPY HEREOF MUST BE FILED WITH WATERMASTER WITHIN 15 DAYS OF EXECUTION. (To be accompanied by completed Exhibit "E" if Assignee is not a party to the Judgment) Exhibit "D" CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of CIVIL CODE § 1189 0nJV.v.� �j 01 t before me, , Here Insert Name and Titlb of the Officer personally appeared Orn77�m_� Names) of Signer(s) MARINA SIMONIAN Commission # 1932419 a = -� Notary Public - California z''� Z Los Angeles County My Comm. Expires May 9, 2015 who proved to me on the basis of satisfactory evidence to be the person() whose name( is /ate subscribed to the within instrument and acknowledged to me that he /6be/tNy executed the same in his /hk /th,eir authorized capacity(ik), and that by his /hkr /their signature(* on the Instrument the person(%), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and o Ic� I seal. � . 1 Signature: Place Notary Seal Above Signature of Notary ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:e Document Date: �— — Number of Pages: r } Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER .o of thumb here Signer's Name: ❑ Corporate Officer — Title(s): INTIMMkilm Me ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing J 2010 National Notary Association • NatronalNOlary org • t - nuu -ua I vU. + T t I -ow ­o1 .1 1 i— rsom CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County • 3� �J leig7m.y, M,/ personally appeare TA MIA L. KL IS C. �. Commission 1 1021838 i =.i Notary Public - CaNfornia Los Anpeles County My Comm. fx Ires Ma 11 ' 11 Place Notary Seal and/or Stamp Above who proved to me on the basis of satisfactory evidence to be the person() whose namee ,6) is /Xe subscribed to the within instrument and acknowledged to me that he /* /t�ey executed the same in his /* /ttkir authorized capacity(i�s), and that by his /4r /tVeir signaturef6) on the instrument the person( }, or the entity upon behalf of which the person(t) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Ctrl , j ( a Signature: 7 i 1�"1 1141 i Signatur of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attache ocumeent Title or Type of Documert mm Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited L Attorney in Fact ❑ Trustee ❑ General Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing u Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual • Partner — ❑ Limited ❑ General Top of thumb here • Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing 02008 Nation! Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402- www.Nabore]Nlotary.org Item 95907 Reorder; Call Tall -Free 1- 800.87&6827