Existing Water Source

The historic structures are all supplied by city water. As addressed in detail in the Analysis of Existing Landscape/Irrigation/Ponds provided by Gates and Associates, the landscape portions of the Subject Property are irrigated from a gravity fed system that originates approximately one (1) mile up Mill Creek Road where there is a natural collection pool (pictured in the report) that feeds into a series of pipes that run to the Subject Property. In the late 1990s, as part of the development of Monticello Estates, approximately 700 feet of the 5½-inch cast-iron pipe was replaced with 6-inch PVC piping from the former water reservoir down to a portion of land owned by the Roman Catholic Bishop of Oakland. The new line was placed four feet north of the road edge at a depth of approximately 24 inches. Later, another developer replaced a portion of this pipe as it crossed under St. Joseph Street/Monticello Terrace in order to route it around the removed reservoir and installed a separator box to filter out the silt so the sprinklers would not clog. Further information on these improvements can be found at the City of Fremont; Job Nos. 496007 for Monticello and 496019 for the Sisters.

It is the opinion of Gates and Associates (see Irrigation Section of report) that this water source will continue to be a viable source of water into the foreseeable future. In the interest of conveying a conservative estimate of the 20-year replacement reserves, it was determined that these estimates should include the "worst case scenario" which would involve replacing the entire pipe system from its source to the Subject Property. Finally, the Sisters of the Holy Family engaged the Crosby Law Group to provide a preliminary review of the water rights benefiting the Property. This review resulted in a conclusion that the Sisters rights include both the right to (1) draw water from Mill Creek and (2) to access, maintain and repair the water system transporting the water to the Subject Property. This opinion can be provided in its entirety upon request.