20130207Transfer of Ownership.pdf

Brian Water Corp
5120 Overland Rd
Ste C #228
Boise, ID 83704
869-9199
201 r:;; :53
L 1LII _ - )MMS
February 6, 2013

6,AI-W-10 2
Idaho Public Utilities Commission
RE: Transfer of ownership
Sirs:
Due to the EPA!DEQ regulations and the associated costs for compliance the Brian
Water Corp. (BWC) is being dissolved and ownership of the water system has been transferred to
the Brian Sub. Waterusers Association. You can cancel the CPCN issued to the Brian Water
Corp. Per agreement, the surcharge collected will be refunded to the Association.
Effective date is 2/04/2013. I will continue in a management capacity until March 1.
This situation is utter nonsense. The water here is good for anything and anyone past six
months old. There is no evidence, i.e. studies, reported cases, showing that these levels of
Nitrates are harmful to infants up to six months even. The North Carolina Extension Office, in a
report, stated that 40 mg/L is where harmful effects start to appear. All a parent needs to do here
is use bottled water for the first six months. There are higher levels of Nitrates in carrots, beets.
The Crow 1mm is another example. His Nitrate levels jumped above the EPA MCL of
10 mg/L and the DEQ got on him like ugly on an ape. He spent a lot of money on the required
engineers fees and the Nitrate levels dropped on their own. Does anyone really believe that
infants under six months are at the Crow Inn drinking water? If anything, the DEQ could have
made them post a sign. .."Must be six months old to be served water. I.D.'s required".
Sincerely,
Tony Bowar
former owner of BWC
QUITCLAIM DEED
FOR VALUE RECEIVED, / [Grantor]_________ does hereby convey, release, remise and forever

/ ( quit claim unto [Grantee] cw' whose current address is:
/S- -L)d. [Grantees Address]_____________________
I the following described premises: t;-'ii fi ' I1 (f 5 f- t(I l.c.) •'ys
r
- , [Legal Description] h— 7) '-. e
I -' C /1
TO HAVE AND TO HOLD the said premises, unto the said grantees, heirs and assigns forever.
Date: ///- / 3
By:
•2 17
[Grantor's Name]
State of Idaho
4/) )S.S.
County of
On this d,ofNl a €..-._, in the year 20/), before me

persnaI ally appeared 7. , ,,.,. , proved tome on
the basis of satisfactory evidence to be the person(s) whose nae(s) is(are) subscribed to the within
instrument, and acknowledged that he(she)(they) exeuiffimç.

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ission En6 72)
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WATER SYSTEM TRANSFER AGREEMENT
THIS AGREEMENT made this 41 day of /,,2013, between Brian
Water Corporation, an Idaho corporation, hereinafter referred to as "Brian Water", whose
address for notice is 5120 Overland Road, Suite C #228, Boise, Idaho 83705,
and Brian Subdivision Water Users Association, Inc., an Idaho non-profit
corporation, hereinafter referred to as the "Association", whose address for notice is
5885 Eastwood Place, Boise, Idaho 83716.
WHEREAS, Brian Water is the owner and operator of a private water system and
related real property (the "Real Property") located in Ada County, Idaho, which was
initially established to serve the Brian Subdivision development; and
WHEREAS, the aforementioned water system is in need of repairs and
contamination remediation which require significant funds; and
WHEREAS, funds are generally made available through grants and governmental
subsidies to aid the maintenance and remediation of cooperatively or member owned
water systems; and
WHEREAS, the Association is a not for profit corporation owned and operated by
the consumers who receive water from the system heretofore operated by Brian Water;
and
WHEREAS, Brian Water desires to transfer the water system, together with all of
its necessary components and rights as more particularly described below, to the
Association and the Association desires to take delivery of and acquire said water system,
as defined below, and to own, operate and maintain said system from and after the
effective date of this transfer.
NOW, THEREFORE, in consideration of the mutual promises contained herein, it
is agreed as follows:
1.Transfer. Brian Water agrees to transfer to the Association all its rights, title
and interest in and to the community water system originally constructed to serve the
development commonly known as Brian Subdivision in Ada County, Idaho, as the same
has been expanded, including any water rights, franchise rights, operating permits or
registrations held by Brian Water together with all necessary easements, rights,
equipment, documentation and installations appurtenant thereto, including but not by way
of limitation, the water mains, the valves, the hydrants, the water storage facilities, the
water meters, the service lines between the mains and the water meters and operation and
maintenance manuals and all Real Property, all of which are collectively referred to
herein as the "System". The System shall be transferred upon signing this agreement and
the Real Property which makes up a part thereof, by quit-claim deed.
2.Consideration for Transfer. The Association shall pay over and remit to Brian
Water such sums as necessary to reimburse Brian Water for all costs incurred in
consummating and concluding the transfer contemplated by this agreement, together with
the sum of $ 1 00, payable as follows: ,iA' , in addition to the revenues
identified in 7.1 below.
Further, the Association hereby assumes any and all outstanding obligations to
remediate any current defects or contaminations found upon any prior or future
inspections of the System.
WATER SYSTEM TRANSFER AGREEMENT Page 1
(a)it shall provide its customer list, including names and addresses, to the
Association on the date of closing and transfer of title, and that such customer list shall be
true and accurate;
(b)Brian Water has not and will not accept any prepayment of water bills for
services to be provided following the closing and transfer of title;
(c)Brian Water is a corporation in good standing with the Secretary of State of
the State of Idaho;
(d)Brian Water has paid all outstanding franchise, income and business and
occupation taxes as of the date of closing and transfer of title;
(e)Brian Water has given UCC bulk sales notices to all of its known creditors, if
any;
(f)Brian Water is not subject to sales tax in the State of Idaho;
(g)Brian Water is duly authorized to operate its water system by the Idaho
Department of Environmental Quality and the Idaho Public Utilities Commission;
(h)the water rate charges by Brian Water have been duly approved by the Idaho
Public Utilities Commission;
(i)Brian Water has not charged any customer a rate in excess of the rate
approved by the Idaho Public Utilities Commission;
(j)there are no unresolved disputes with any customers over the amount of any
water bill, the quality of service, the rate charged or any other matter;
(k)all properties serviced by Brian Water have water meters installed and that, to
the best of Brian Water's knowledge, all such meters are in good working order; and
(1) Brian Water has the requisite, power and authority to transfer the System as
herein contemplated.
11. Representations by the Association. The Association hereby represents and
warrants the following, which representations shall survive the closing:
(a)the Association is fully authorized to purchase the System from Brian Water
pursuant to the terms of this Agreement;
(b)the Association's board of directors has approved the purchase of the System
herein contemplated in accordance with the requirements of its bylaws or other governing
documents;
(c)there is no litigation pending or threatened which would prevent the sale
contemplated by this Agreement;
(d)the Association expressly acknowledges that the System is subject to all the
rules and regulations of the Idaho Public Utilities Commission;
(e)the Association expressly acknowledges the regulatory authority of the Idaho
Department of Environmental Quality over water quality and testing of the System; and
(f)the Association acknowledges that after the transfer of title to the System, the
System must be operated by a qualified operator of a pressurized potable water system
and all such expense and cost related to the retention, training or hiring such operator
shall be the sole responsibility of the Association.
12. No Representations. Brian Water hereby makes no representation or warranty
with respect to the following matters:
(a) the state of any equipment, component or water lines, except that all
equipment shall be in good working order on the date of the transfer of title;
WATER SYSTEM TRANSFER AGREEMENT Page 3
The parties have hereunto set their hands and seals the day and year first above
noted.
SELLER:
Brian Water Corp.
By:7
Owner
PURCHASER:
Brian Subdi n Water Users Assn.
STATE OF IDAHO)
) ss.
County of Ada )
On this _______day of , 2013, before me, a Notary Public
in and for said state, personally appeared the undersigned Tony Bowar and Richard
Juengling, known to me to be the persons whose names are subscribed to the within
instrument, and acknowledged to me that they executed the same.
lUSH MOFF1S
Notanr Public
State of Idaho
WATER SYSTEM TRANSFER AGREEMENT Page 5
01/13 N Meter 0 Meter Gallons Credits P Due Late Fee Current Total Due w/surcharge
5885 173770 170650 3120 32.50 32.50 0.00 17.50 17.50 32.50
5867 69680 66770 2910 32.50 32.50 0.00 17.50 17.50 32.50
5841 333670 328270 5400 32.50 32.50 0.00 19.61 19.61 34.61
5835 2784240 2780290 3950 50.00 189.21 1.89 17.50 158.60 173.60
5829 1185850 1182270 3580 32.50 32.50 0.00 17.50 17.50 32.50
5823 1263145 1262200 945 32.50 32.50 0.00 17.50 17.50 32.50
5817 6743290 6739400 3890 32.00 31.56 0.00 17.50 17.06 32.06
5911 182720 180500 2220 0.00 25.86 0.26 17.50 43.62 58.62
5953 7311095 7305300 5795 34.92 34.92 0.00 20.21 20.21 35.21
5957 1749710 1746400 3310 32.50 32.50 0.00 17.50 17.50 32.50
5995 3165100 3162000 3100 32.50 32.50 0.00 17.50 17.50 32.50
6007 1526120 1518000 8120 0.00 189.23 1.89 23.72 214.84 229.84
6073 2761830 2760100 1730 69.38 32.80 0.00 17.50 -19.08 -4.08
6099 4153985 4151330 2655 32.50 32.50 0.00 17.50 17.50 32.50
6198 668560 665820 2740 32.50 32.50 0.00 17.50 17.50 32.50
6191 6334200 6328000 6200 34.62 34.62 0.00 20.82 20.82 35.82
7010 2062920 2061950 970 0.00 65.33 0.65 17.50 83.48 98.48
7000 4978410 4971960 6450 0.00 110.12 1.10 21.20 132.42 147.42
6123 186410 179790 6620 34.53 34.53 0.00 21.46 21.46 36.46
6107 3825700 3821100 4600 33.00 31.56 0.00 18.41 16.97 31.97
6080 654930 645700 9230 37.92 37.92 0.00 25.40 25.40 40.40
6075 655870 654420 1450 32.50 32.50 0.00 17.50 17.50 32.50
6057 852160 849280 2880 32.50 32.50 0.00 17.50 17.50 32.50
6060 533820 529500 4320 0.00 103.96 1.04 17.98 122.98 137.98
6043 3663900 3662100 1800 0.00 -65.84 0.00 17.50 -48.34 -33.34
6044 1421240 1420780 460 32.50 32.50 0.00 17.50 17.50 32.50
6020 3615180 3608710 6470 226.18 226.18 0.00 21.23 21.23 36.23
6019 1518080 1515260 2820 32.50 32.50 0.00 17.50 17.50 32.50
6011 220520 213280 7240 37.18 37.18 0.00 22.39 22.39 37.39
6005 1717500 1713700 3800 0.00 32.50 0.33 17.50 50.33 65.33
6010 6220700 6212800 7900 38.24 38.24 0.00 23.39 23.39 38.39
5949 591710 585610 6100 34.00 34.00 0.00 20.67 20.67 35.67
5935 5249190 5248230 960 0.00 77.31 17.50 94.81 109.81
5940 5492040 5482700 9340 40.35 40.35 0.00 25.56 25.56 40.56
5930 3417350 3415520 1830 32.50 32.49 0.00 17.50 17.49 32.49
5902 3567310 3565770 1540 32.50 32.50 0.00 17.50 17.50 32.50
5925 227550 224450 3100 32.50 32.50 0.00 17.50 17.50 32.50
5901 2354560 2350820 3740 32.50 32.50 0.00 17.50 17.50 32.50
5888 145150 141990 3160 32.50 32.50 0.00 17.50 17.50 32.50
5887 2964230 2961810 2420 32.50 32.50 0.00 17.50 17.50 32.50
5855 1644340 1641920 2420 0.00 -26.40 0.00 17.50 -8.90 6.10
5856 3560320 3559570 750 32.50 32.50 0.00 17.50 17.50 32.50
5832 5684600 5674100 10500 0.00 39.69 0.40 27.32 67.40 82.40
5831 5500340 5496600 3740 0.00 65.26 0.00 17.50 82.76 97.76
6959 93970 90460 3510 0.00 118.23 1.18 17.50 136.91 151.91
6907 1158450 1157130 1320 32.50 32.50 0.00 17.50 17.50 32.50
0 0.00
6123 214170 214170 0 0.00
Gallons P Due T Late Fe Current Total Total Due
Totals 181105 1384.82 2220.81 8.74 871.87 1716.60 2406.60
surcharge
Juengling
Hollis
Cook
Slaughter
Girard
Tyler
Doyle
Jones
Dayley
Severson
Kohtz
Wilkinson
Forsmann
Adams
Naveau
Andersen
Williams
Haney
Hamilton
Campbell
Bashaw
Gray
England
Keefe
holland
Quintana
Nesbit
Andrus
Bellomy
Mullins
Estep
Jensen
Celeya
Ritchie
Paine
J Miller
Gregory
Peterson
Carmean
Poulsen
George
Orrock
Marlow
Hockett
Roderick
Kober
17.5 15
17.5 15
17.5 15
50
17.5 15
17.5 15
17 15
19.92 15
17.5 15
17.5 15
54.38 15
17.5 15
17.5 15
19.62 15
19.53 15
18 15
22.92 15
17.5 15
17.5 15
17.5 15
196.18 30
17.5 15
22.18 15
23.24 15
19 15
25.35 15
17.5 15
17.5 15
17.5 15
17.5 15
17.5 15
17.5 15

17.5 15

17.5 15
Tota
t/ 2,//