HomeMy WebLinkAbout05-18-22 F&A Committee Packet 1
OTAY WATER DISTRICT
FINANCE AND ADMINISTRATION
COMMITTEE MEETING
and
SPECIAL MEETING OF THE BOARD OF DIRECTORS
2554 SWEETWATER SPRINGS BOULEVARD
SPRING VALLEY, CALIFORNIA
BOARDROOM
WEDNESDAY
May 18, 2022
12:00 P.M.
This is a District Committee meeting. This meeting is being posted as a special meeting
in order to comply with the Brown Act (Government Code Section §54954.2) in the event that
a quorum of the Board is present. Items will be deliberated, however, no formal board actions
will be taken at this meeting. The committee makes recommendations
to the full board for its consideration and formal action.
AGENDA
1. ROLL CALL
2. PUBLIC PARTICIPATION – OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO
SPEAK TO THE COMMITTEE ON ANY SUBJECT MATTER WITHIN THE COMMIT-
TEE'S JURISDICTION BUT NOT AN ITEM ON TODAY'S AGENDA
DISCUSSION ITEMS
3. ADOPT RESOLUTION NO. 4411 TO CONTINUE WATER AND SEWER
AVAILABILITY CHARGES FOR DISTRICT CUSTOMERS FOR FISCAL YEAR 2022-
2023 TO BE COLLECTED THROUGH PROPERTY TAX BILLS (CAREY) [5 minutes]
4. ADOPT RESOLUTION NO. 4412 TO ESTABLISH A REDUCED TAX RATE FOR
IMPROVEMENT DISTRICT NO. 27 AT $0.001 FOR FISCAL YEAR 2022-2023
(KOEPPEN) [5 minutes]
5. HOLD A PUBLIC HEARING AND CONSIDER ADOPTING A RESOLUTION OF
PUBLIC NECESSITY FOR THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN
REAL PROPERTY INTERESTS ON ASSESSOR PARCEL NUMBER 519-011-03 IN
CONNECTION WITH THE COTTONWOOD SEWER PUMP STATION
REPLACEMENT (BEPPLER/KENNEDY) [5 minutes]
6. ADJOURNMENT
BOARD MEMBERS ATTENDING:
Mark Robak, Chair
Jose Lopez
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All items appearing on this agenda, whether or not expressly listed for action, may be delib-
erated and may be subject to action by the Board.
The Agenda, and any attachments containing written information, are available at the Dis-
trict’s website at www.otaywater.gov. Written changes to any items to be considered at the
open meeting, or to any attachments, will be posted on the District’s website. Copies of the
Agenda and all attachments are also available through the District Secretary by contacting
her at (619) 670-2280.
If you have any disability which would require accommodation in order to enable you to par-
ticipate in this meeting, please call the District Secretary at 670-2280 at least 24 hours prior
to the meeting.
Certification of Posting
I certify that on May 13, 2022 I posted a copy of the foregoing agenda near the regular
meeting place of the Board of Directors of Otay Water District, said time being at least 24
hours in advance of the meeting of the Board of Directors (Government Code Section
§54954.2).
Executed at Spring Valley, California on May 13, 2022.
/s/ Tita Ramos-Krogman, District Secretary
STAFF REPORT
TYPE MEETING: Regular Board MEETING DATE: June 8, 2022
SUBMITTED BY: Andrea Carey,
Customer Service Manager
PROJECT: DIV. NO.All
APPROVED BY: Joseph R. Beachem, Chief Financial Officer
Jose Martinez, General Manager
SUBJECT: Adopt Resolution No. 4411 to Continue Water and Sewer
Availability Charges for District Customers for Fiscal Year
2022-2023 to be Collected Through Property Tax Bills
GENERAL MANAGER’S RECOMMENDATION:
That the Board adopt Resolution No. 4411 to continue water and sewer
availability charges for District customers for fiscal year 2022-2023
to be collected through property tax bills.
COMMITTEE ACTION:
See Attachment A.
PURPOSE:
That the Board consider the adoption of Resolution No. 4411 to
continue water and sewer availability charges for District customers
for fiscal year 2022-2023 to be collected through property tax bills.
ANALYSIS:
The District levies availability charges each year on property in
both developed and undeveloped areas. State Water Code Section 71630-
71637 authorizes the District to assess such availability charges. In
order to place these charges on the tax roll, the County of San Diego
(the County) requires the District to provide a resolution
AGENDA ITEM 3
2
authorizing the charges. In late July of each year, the District
provides a resolution along with the listing of charges by parcel to
the County’s property tax services department.
In order for a parcel to be assessed a sewer availability charge, it
must be annexed into the District’s sewer improvement district. Sewer
availability charges are either a fixed fee of $10 for parcels one
acre or less or $30 per acre for parcels greater than one acre.
Unlike sewer, water availability charges are assessed on all parcels
within the District’s boundaries and do not require annexation into
an improvement district. For most parcels, water availability charges
are the same as those shown for sewer availability above; however,
there are some exceptions. Parcels greater than one mile from a
District pipeline, identified as an agricultural preserve, in a
floodplain, or has a 30% slope are charged $3 per acre. Parcels
identified as open space are charged 50% of the normal assessment
fees ($5 for those one acre or less or $15 per acre for those greater
than an acre).
Current legislation provides that any amount up to $10 per parcel
(one acre or less) is for general use and any amount over $10 per
parcel ($30 per acre for parcels over one acre) is restricted, to be
expended in and for that Improvement District. The District uses
amounts over $10 per parcel to develop water and sewer systems within
the Improvement Districts where the funds are collected. In
accordance with legislation, the District places amounts up to $10
per parcel in the General Fund.
FISCAL IMPACT: Joseph R. Beachem, Chief Financial Officer
The availability charges, as budgeted, will generate approximately
$1.2 million in revenue.
STRATEGIC GOAL:
This revenue source will help the District meet its fiscal
responsibility to its ratepayers.
LEGAL IMPACT:
None.
Attachments:
Attachment A – Committee Action
Attachment B – Resolution No. 4411
ATTACHMENT A
SUBJECT/PROJECT:
Adopt Resolution No. 4411 to Continue Water and Sewer
Availability Charges for District Customers for Fiscal Year
2022-2023 to be Collected Through Property Tax Bills
COMMITTEE ACTION:
1
RESOLUTION NO. 4411
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
OTAY WATER DISTRICT CONTINUING PREVIOUSLY
ESTABLISHED WATER AND SEWER AVAILABILITY
CHARGES FOR FISCAL YEAR 2022-2023; REQUESTING
THE COUNTY TO COLLECT SUCH AVAILABILITY
CHARGES ON THE 2022-2023 SECURED TAX ROLL AND
TAKING OTHER RELATED ACTIONS
WHEREAS, the Otay Water District (herein "District") is a
member of the San Diego County Water Authority and the
Metropolitan Water District of Southern California and, as a
member, the District is entitled to purchase water for
distribution within the District and water so purchased is
available to property in the District that is also within the San
Diego County Water Authority and the Metropolitan Water District
of Southern California, without further need for annexation to any
agency; and
WHEREAS, Improvement District No. 18 has been formed within
the Otay Water District (herein "District") and sanitary sewers
have been constructed and sewer service is available to land
within the said District; and
WHEREAS, in consideration of the benefit that water
availability confers upon property within the District, and in
further consideration of the need for revenue to pay the cost of
water storage and transmission facilities which directly and
specifically benefit property within the District, the District
has previously determined that water availability charges be fixed
and established under applicable provisions of law; and
Attachment B
a
2
WHEREAS, in consideration of the benefit which sewer
availability confers upon property within Improvement District No.
18, and in further consideration of the need to pay the cost of
sanitary sewers which directly and specifically benefit those
properties, the District has previously determined that sewer
availability charges be fixed and established for Improvement
District No. 18 as provided under applicable provisions of law;
and
WHEREAS, the District desires to continue the collection of
such water and sewer availability charges without increases or
revisions in methodology or application.
NOW, THEREFORE, the Board of Directors of the Otay Water
District resolves, determines and orders as follows:
1. SCHEDULE OF WATER CHARGES
(A) The water availability charges previously fixed and
established are hereby continued for Fiscal Year 2022-2023 at the
existing rates, as follows:
(1) In Improvement District No. 22 the charge shall be
$30.00 per acre of land and $10.00 per parcel of land
less than one acre.
(2) For land located outside an improvement district and
within one mile of a District water line, the charge
shall be $10.00 per acre of land and $10.00 for each
parcel less than one acre.
(3) For land located outside an improvement district and
greater than one mile from District facilities, the
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charge shall be $3.00 per acre of land and $3.00 for
each parcel less than one acre.
(B) Modifications The charges provided for in subparagraphs
(1) through (3) in (A) above shall be modified upon petition by
the property owner where the property does not receive water from
the District as follows:
(1) where a parcel of land or a portion thereof is within
an open space easement approved by San Diego County,
the charge for such parcel or portion thereof shall
be fifty percent (50%) of the charge determined
pursuant to paragraph (A), provided the owner files
with the District proof, satisfactory to the
District, that said parcel of land or portion thereof
is within such a designated permanent open space
area;
(2) where a parcel of land or portion thereof is in an
agricultural reserve under a Land Conservation
Contract with the County of San Diego, pursuant to
the Land Conservation Act of 1965 as amended, the
charge for such parcel shall be $3.00 per acre,
provided the owner files with the District proof,
satisfactory to the District, that said parcel of
land or portion thereof is within such an
agricultural preserve;
(3) where a parcel of land or a portion thereof is within
an area designated as a floodplain by the County of
San Diego, the charge for such a parcel or portion
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thereof shall be $3.00 per acre, provided the owner
files with the District proof, satisfactory to the
District, that said parcel of land or portion thereof
is within such designated floodplain; and
(4) where a parcel of land or portion thereof exceeds a
30% slope, and where such is not within a legal
subdivision, lot-split or planned residential
development, the charge for the slope portion shall
be $3.00 per acre, or if such a parcel is less than
one acre and more than one-half of the area exceeds
30% slope, $3.00 for the parcel, provided the owner
files with the District proof, satisfactory to the
District, that said parcel of land or portion thereof
meets or exceeds the slope.
(C) Exceptions The charges provided for in (A) and (B)
above shall not apply, upon petition by the property owner, to the
following:
(1) land located within an area designated as a floodway
by the County of San Diego;
(2) land designated as a vernal pool area by a govern-
mental agency authorized to make such a designation
and which designation prohibits use of such area for
any purpose;
(3) land owned by non-profit, tax-exempt conservation
organizations specializing in identifying and
protecting the natural habitat of rare species; or
5
(4) land that is located within the boundaries of the
Otay Water District but not within the boundaries of
the Metropolitan Water District of Southern
California and the San Diego County Water Authority.
2. SCHEDULE OF SEWER CHARGES
(A) Sewer standby assessment or availability charges are
hereby fixed and established for Fiscal Year 2022-2023 as follows:
(1) In Improvement District No. 18 the charges shall be
$30.00 per acre of land and $10.00 per parcel of land
less than one acre. The preceding charges shall not
apply, upon petition by the property owner, to the
following:
(a) any portion of a parcel which is undeveloped
and maintained in its natural state within an
Open Space Area as a requirement under the San
Diego County General Plan, provided the owner
of such parcel files proof, satisfactory to
the District, of such designed Open Space
Area;
(b) any portion of a parcel located within an area
designated by the County of San Diego as a
floodway or floodplain; or
(c) any portion of a parcel of land which exceeds
a slope of 30% and which is not within a legal
subdivision, lot split or planned lot split or
planned residential development.
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3. DEFERRALS
(A) Deferral of Charge, Purpose Situations may arise when
an owner of a parcel of land does not use and has no present
intention of using water and/or sewer provided by the District on
a parcel of land, as defined in Section 4. The purpose of this
section is to permit an evaluation by the District, on a case-by-
case basis, of the circumstances which pertain to such situations
to determine whether a deferral of charges should be approved
according to the terms and conditions herein provided.
Any owner of a parcel of land who believes that the amount of
the water and/or sewer availability charges fixed against such
parcel should be deferred may file an application with the
District for deferral of the charge, as follows:
(a) Application The application shall include a
statement describing the circumstances and factual
elements which support the request for deferral.
(b) The General Manager shall consider the request
within sixty (60) days after the filing of a
completed application. If the application for
deferral meets the established criteria, the
General Manager may decide whether to approve the
request and order the charge deferred accordingly.
If the request is denied, the applicant shall be
notified in writing stating the reasons for the
denial.
(B) Appeal to Board of Directors If the General Manager
denies a request, the owner may file an appeal with the Board of
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Directors within sixty (60) days after such denial. No new
application for deferral need be considered by the General Manager
until expiration of twelve (12) months from the date of a denial,
unless differently directed by the Board of Directors.
(C) Deferred Charges on Restricted Parcels, Criteria The
levy of the charge may be deferred annually as to any parcel of
land which meets each of the following criteria:
(a) The owner of such parcel makes a timely application
requesting deferral of the charge.
(b) The parcel, which is the subject of the request,
will become subject to enforceable restrictions
which prohibits the connection to the District
sewer system or use of water on the parcel, except
by means of natural precipitation or runoff;
provided, however, if considered appropriate by the
General Manager, local water may be used for
limited domestic stock watering and irrigation
uses.
(c) The owner executed a recordable agreement which
includes provisions that:
(1) set forth the enforceable restrictions
pertinent to the subject parcel;
(2) the agreement may be terminated upon written
request by the owner and payment of all
deferred water and/or sewer availability
charges, plus interest thereon, compounded
annually, and accruing at the legal rate from
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the date such charges would have been
otherwise due and payable;
(3) no water and/or sewer service from the
District shall be provided to such parcel for
a period of ten (10) years after the total
amount due for the charges deferred, plus
annually compounded interest, is paid in full
to the District, unless a surcharge penalty as
described below is paid to the District prior
to connection of any water and/or sewer
service;
(4) if the surcharge is not paid, during the ten
(10) year period, while water and/or sewer
service is not available to the subject land,
the owner shall pay all annual water or
availability charges as fixed; and
(5) contains such other provisions considered by
the General Manager to be appropriate.
(D) Surcharge Upon termination of the deferral
agreement, an owner may elect to receive water and/or sewer
service prior to the expiration of the ten (10) year penalty
period upon payment of a surcharge. The surcharge shall be
equal to the amount of the annual water and/or sewer
availability charges fixed for the parcel(s) of land in the
year of election to receive water and/or sewer service
multiplied by the number of years remaining of the ten (10)
year penalty period. This surcharge shall also apply if a
9
property owner develops a parcel that is subject to a
deferral agreement without termination of said agreement.
(E) Enforcement Procedures In order to insure that
terms and conditions of the recordable agreement are being
met, the General Manager shall:
(1) Maintain a record of all parcels approved for
deferral of the water assessments or availability
charges.
(2) Report to the Board of Directors any instances
where the terms of the agreement are being
violated.
(3) Take such other actions or procedures considered
appropriate.
4. DEFINITION OF PARCEL The term "parcel" as used herein shall
mean a parcel of land as shown on the assessment rolls of the
County Assessor of San Diego County as of March, 2022.
5. NOTICE AND REQUEST TO THE BOARD OF SUPERVISORS AND AUDITOR
As provided in Sections 71634 to 71637, on or before the third
Monday in August, 2022, the Secretary of this District shall
furnish, in writing to the Board of Supervisors of San Diego
County and to the County Auditor, a description of the land within
the District upon which availability charges are to be levied and
collected for Fiscal Year 2022-2023 together with the amount of
the assessments or charges. At the time and in the manner
required by law for the levying of taxes for county purposes, the
Board of Supervisors of San Diego County shall levy, in addition
to taxes it levies, water and/or sewer availability charges in the
10
amounts fixed by this Resolution for the respective parcels of
land described in Section 1 of this Resolution. All county
officers charged with the duty of collecting taxes shall collect
the charges with the regular property tax payments in the same
form and manner as county taxes are collected. Such availability
charges are a lien on the property with respect to which they are
fixed. Collection of the charges may be enforced by the same
means as provided for the enforcement of liens for state and
county taxes.
6. CERTIFICATION TO COUNTY BOARD OF SUPERVISORS The District
certifies that this Resolution complies with the provisions of
Article XIIID of the California Constitution in that the
availability charges are existing charges first set by the Board
of Directors of the District prior to November 6, 1996. At the
time the availability charges were initially established, the
District followed the applicable provisions of law then in effect,
and the District has continued to comply with such provisions,
including any requirements for notices or hearings, as from time
to time in effect. Therefore, pursuant to Section 71632 and
Section 71638 of the California Water Code, as currently in
effect, the District may continue the availability charges in
successive years at the same rate. The District further certifies
that the charge is not increased hereby and the methodology for
the rate is the same as in previous years. The charge is imposed
exclusively to finance the capital costs, maintenance, and
operating expenses of the water or sewer system of the District,
as applicable.
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7. CERTIFIED COPIES The Secretary of this District shall
deliver certified copies of this Resolution to the Board of
Supervisors and to the Auditor of San Diego County with the list
of charges described in Section 4 above.
8. CORRECTIONS; OTHER ACTIONS The General Manager of the
District is hereby authorized to correct any clerical error made
in any assessment or charge pursuant to this Resolution and to
make an appropriate adjustment in any assessment or charge made in
error. Furthermore, the General Manager and the Secretary of this
District are hereby directed to take any further actions and
deliver such documents and certificates as necessary to carry out
the purpose of this Resolution.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the
Otay Water District at a regular meeting duly held this 8th day of
June, 2022.
Ayes:
Noes:
Abstain:
Absent:
President
ATTEST:
Secretary
12
I HEREBY CERTIFY that the foregoing Resolution No. 4411 was duly
adopted by the BOARD OF DIRECTORS of the OTAY WATER DISTRICT at a
regular meeting thereof held on the 8th day of June, 2022 by the
following vote:
Ayes:
Noes:
Abstain:
Absent:
District Secretary
STAFF REPORT
TYPE MEETING: Regular Board MEETING
DATE:
June 8, 2022
SUBMITTED BY: Kevin Koeppen, Assistant Chief
of Finance
PROJECT: DIV. NO.All
APPROVED BY: Joseph R. Beachem, Chief Financial Officer
Jose Martinez, General Manager
SUBJECT: Adopt Resolution No. 4412 to Establish the Tax Rate for
Improvement District No. 27 (ID 27) for Fiscal Year
2022-2023
GENERAL MANAGER’S RECOMMENDATION:
That the Board adopt Resolution No. 4412 to establish the tax rate
for Improvement District No. 27 (ID 27) at $0.001 for fiscal year
2022-2023.
COMMITTEE ACTION:
See Attachment A.
PURPOSE:
Improvement District No. 27 (ID 27) has outstanding general
obligation bonds which mature in fiscal year 2023 and is the only
improvement district with general obligation debt service. This is
the final year of the ID 27 general obligation bond tax assessment.
As of July 1, 2022, the outstanding debt will be $720 thousand with
an interest rate of approximately 4%.
At the beginning of each fiscal year staff must provide the County of
San Diego, Property Tax Services, with the tax rate to be charged
upon all property within ID 27 to ensure the amount of tax
collections will support the annual debt service requirement. Staff
recommends that the Board adopt Resolution No. 4412 to establish
AGENDA ITEM 4
2
the tax rate for ID 27 at $0.001 for fiscal year 2022-2023. This is
an approximate 50% reduction from $0.0021 in fiscal year 2021-2022.
BACKGROUND:
In December 1992, the District sold $11,500,000 of general obligation
bonds in ID 27 for the construction of the 30 million gallon
reservoir. The debt and levying of the tax was approved by the
voters. When the Board subsequently approved the issuance of the
debt, based on voter approval, it covenanted to levy this tax as
approved by the voters. At the time of the formation of ID 27, the
District intended to have a maximum tax rate of $0.10 per $100 of
assessed valuation. The tax rate has remained well below the intended
maximum rate.
The District refinanced the bonds in fiscal year 1998 and again in
fiscal year 2010 which resulted in a reduction in the annual debt
schedule. Property valuations peaked in fiscal year 2008 at $12.5
billion, dropped below $10 billion in fiscal year 2011, and are now
more than $18 billion. The combination of the reduced debt service
requirement and the increased assessed values resulted in the
District’s ID 27 reserve levels exceeding the target, thus allowing
the District to reduce the associated tax rate. The following table
shows the decline in the historical tax rate from 2009 to 2023.
During all of these years, the District has covered any tax
collection shortfalls from the ID 27 reserves.
For fiscal year 2023, staff proposes to reduce the tax rate from
$0.0021 to $0.001 and continue to cover the tax collection shortfall
from the ID 27 reserves. Staff projects that a $0.001 tax rate will
wind down reserve levels until the expiration of the debt on
September 1, 2022. Upon expiration of the debt, staff anticipates
that the reserve will be fully depleted and the reserve will be in a
zero balance position. It is important that the reserve be fully
depleted as any remaining reserve must be reimbursed to the tax
payers which would be a costly process for the District.
Years Tax Rate
2009 - 2015 0.0050$
2016 - 2019 0.0040$
2020 0.0038$
2021 0.0035$
2022 0.0021$
2023 0.0010$
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FISCAL IMPACT: Joseph R. Beachem, Chief Financial Officer
The tax proceeds are legally restricted for the sole purpose of the
repayment of this debt. These proceeds will be collected until the
debt obligation is fully paid, at which time the fund is planned to
have a zero balance. The $0.001 tax rate is projected to generate
$362,812 in revenue in fiscal year 2023. The projected revenue, given
the recommended tax rate combined with the current fund balance and
general fund reserves, will meet the annual ID 27 debt service
principal and interest payment of $734,400.
STRATEGIC GOAL:
Through well-established financial policies and wise management of
funds, the District will continue to guarantee fiscal responsibility
to its ratepayers and the community at large.
LEGAL IMPACT:
None.
Attachments:
A) Committee Action
B) Resolution No. 4412
C) ID 27 Tables
D) ID 27 Map
ATTACHMENT A
SUBJECT/PROJECT: Adopt Resolution No. 4412 to Establish the Tax Rate for
Improvement District No. 27 (ID 27) for Fiscal Year
2022-2023
COMMITTEE ACTION:
1
RESOLUTION NO. 4412
A RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY
WATER DISTRICT FIXING TAX RATES FOR FISCAL YEAR
2022-2023 FOR PAYMENT OF PRINCIPAL AND INTEREST
ON GENERAL OBLIGATION BONDS OF IMPROVEMENT
DISTRICTS (GF 1600)
WHEREAS, California Water Code Section 72091 authorizes the
Otay Water District, as a municipal water district, to levy an ad
valorem property tax which is equal to the amount required to make
annual payments for principal and interest on general obligation
bonds approved by the voters prior to July 1, 1978.
NOW, THEREFORE, the Board of Directors of the Otay Water
District resolves, determines and orders as follows:
1. Findings. It is necessary that this Board of Directors
cause taxes to be levied in fiscal year 2022-2023 for Improvement
District No. 27 of the Otay Water District to pay the amount of the
principal and interest on the bonded debt of such improvement
district.
2. Amounts to be Raised by Taxes. The amount required to be
raised by taxation during fiscal year 2022-2023 for the principal
and interest on the bonded debt of Improvement District No. 27 is as
follows:
Improvement District No. 27 $362,812
3.Tax Rates. The tax rates per one hundred dollars ($100) of
the full value of all taxable property within said improvement
district necessary to pay the aforesaid amounts of principal and
Attachment B
2
interest on the bonded debt of said improvement district for fiscal
year 2022-2023 is hereby determined and fixed as follows:
Improvement District No. 27 $0.001
4. Certification of Tax Rates. Pursuant to Water Code
Section 72094, this Board of Directors hereby certifies to the Board
of Supervisors and the County Auditor of the County of San Diego the
tax rates hereinbefore fixed, and said County Auditor shall,
pursuant to Section 72095 of said Code, compute and enter in the
County assessment roll the respective sums to be paid as tax on the
property in Improvement District No. 27, using the rate of levy
hereinabove fixed for such improvement district and the full value
as found on the assessment roll for the property therein, and the
Secretary of this Board of Directors is hereby authorized and
directed to transmit certified copies of this resolution, Attachment
B, and made a part hereof, to said Board of Supervisors and said
Auditor.
PASSED AND ADOPTED by the Board of Directors of the Otay Water
District at a regular meeting held this 8th day of June, 2022.
Ayes:
Noes:
Abstain:
Absent:
President
ATTEST:
Secretary
3
I HEREBY CERTIFY that the foregoing Resolution No. 4412 was duly
adopted by the BOARD OF DIRECTORS of the OTAY WATER DISTRICT at a
regular meeting thereof held on the 8th day of June, 2022 by the
following vote:
Ayes:
Noes:
Abstain:
Absent:
District Secretary
Attachment C
IMPROVEMENT DISTRICT 27
History
1989 Improvement District 27 was formed with $100,000,000 bonding authorized.1992 District issued $11,500,000 in General Obligation Bonds primarily for the constructionof a 30 million gallon storage reservoir.
1998 District refinanced outstanding debt of $10,900,000.
2009 District refinanced again outstanding debt of $7,780,000.
TAXES DEBT TAX ASSESSED
COLLECTED SERVICE NET RATE VALUATION INC%
FY03 $725,085 $848,600 ($123,515)$0.01500 $3,837,693,353 37%
FY04 $829,036 $848,700 ($19,664)$0.01400 $5,047,625,296 32%
FY05 $994,501 $840,800 $153,701 $0.01200 $6,454,909,846 28%
FY06 $1,081,991 $840,385 $241,606 $0.01000 $8,579,576,581 33%
FY 07 $862,795 $837,936 $24,859 $0.00700 $10,348,663,242 21%
FY 08 $917,168 $835,017 $82,151 $0.00600 $12,518,643,676 21%
FY 09 $747,175 $830,823 ($83,648)$0.00500 $12,308,043,285 -2%
FY 10 $605,405 $934,674 ($329,269)$0.00500 $10,378,404,507 -16%
FY 11 $606,966 $781,144 ($174,178)$0.00500 $10,131,397,697 -2.4%
FY 12 $597,799 $752,976 ($155,177)$0.00500 $9,941,622,812 -1.9%
FY 13 $650,587 $773,863 ($123,276)$0.00500 $9,869,377,173 -0.7%
FY 14 $658,147 $750,088 ($91,940)$0.00500 $10,226,148,004 3.6%
FY 15 $706,025 $748,663 ($42,638)$0.00500 $11,157,255,925 9.1%
FY 16 $612,980 $751,663 ($138,683)$0.00400 $11,904,159,221 6.7%
FY 17 $640,241 $747,969 ($107,728)$0.00400 $12,738,454,702 7.0%
FY 18 $678,655 $744,633 ($65,978)$0.00400 $13,574,290,102 6.6%
FY 19 $720,975 $749,433 ($28,458)$0.00400 $14,327,195,366 5.5%
FY 20 $715,137 $747,200 ($32,063)$0.00375 $15,251,488,128 6.5%
FY 21 $747,215 $750,600 (3,385) $0.00350 $16,359,621,544 7.3%
FY22 (1)$443,071 $747,900 (304,829) $0.00210 $17,553,873,917 7.3%
(1)Due to timing of the report, taxes collected is an estimate.
ESTIMATED ESTIMATED
TAXES TO BE DEBT TAX ASSESSEDCOLLECTEDSERVICENETRATEVALUATION INC%
Est Fund Balance 6/30/22 $146,564
FY23 362,812 734,400 ($371,588)$0.00100 $18,835,306,713 7.3%
Interest $8,759
Est Fund Balance 6/30/23 ($216,265)(1)
Historical Data
Change in Fund Balance
(1)The final debt service payment to be made September 1, 2022. The fund balance may only be
expended to meet the debt service or any remaining funds must be refunded to the property owners.
The projected deficit fund balance will be funded by the general fund.
$0
$2
$4
$6
$8
$10
$12
$14
$16
$18
$20
Bi
l
l
i
o
n
s
ASSESSED VALUATION10 Year History
Water ID 27
µ
0 52.5 Miles
MEXICO
La Mesa
LemonGrove
ChulaVista
El Cajon
San Diego
San DiegoCounty
San Diego
Lake Murray Loveland Reservoir
Lower OtayReservoir
Upper OtayReservoir
SweetwaterReservoir
Division 1
Division 4
Division 2
Division 5Division 3
Water ID 27
OWD Division Boundary
Attachment D
STAFF REPORT
TYPE MEETING: Regular Board MEETING DATE: June 8, 2022
SUBMITTED BY: Stephen Beppler Senior Civil Engineer
PROJECT: S2069-001102
DIV. NO. 5
APPROVED BY: Bob Kennedy, Engineering Manager
Rod Posada, Chief, Engineering Jose Martinez, General Manager
SUBJECT: Hold a Public Hearing and Consider Adopting a Resolution of Public Necessity for the Acquisition by Eminent Domain of Certain Real Property Interests on Assessor Parcel Number 519-011-03 in Connection with the Cottonwood Sewer Pump StationReplacement
GENERAL MANAGER’S RECOMMENDATION:
For the Otay Water District Board of Directors (Board) to: 1) Hold a Public Hearing on the question of the acquisition of
certain property and easement interests in real property onAssessor Parcel Number 519-011-03 associated with the“Cottonwood Sewer Pump Station Replacement” Project (Project);and
2) That, following the Public Hearing, the Board approve and adoptthe Resolution of Necessity authorizing the commencement of
eminent domain proceedings by outside counsel to acquire thenecessary interests in real property for the Project.
COMMITTEE ACTION:
Please see Attachment A.
PURPOSE:
For the Board to hold a public hearing as required by California Code
of Civil Procedure Section 1245.220 and, following the Public Hearing, that the Board consider approving and adopting a Resolution of Necessity (Attachment B) authorizing acquisition of the necessary
real property rights through eminent domain proceedings (see Attachment B, Appendix A for the legal descriptions and plats of the
grant deed and grant of easement of right-of-way).
AGENDA ITEM 5
2
ANALYSIS:
The District is in the process of replacing the Cottonwood Sewer Pump Station (see Exhibit A for Project location). The existing station
is located on a 40-foot by 40-foot utility easement on Assessor Parcel Number (APN) 519-011-03 (Cottonwood Golf Course) with a 20-
foot-wide easement used to access it from Par Four Drive. It appears that the original granting of the easement wanted to provide the property owner with flexibility to relocate the station in the future
to fit their potential property use. The existing site is too small to accommodate the continued operation of the station with
constructing a new one that includes all of the features required. The Project is in the planning phase, with the District having
reached out to the property owner Cottonwood Cajon ES, LLC (Owner) to ascertain if the station should be relocated or remain in the current
location. The Owner responded that the existing location was preferred to moving it elsewhere on their property. Potential layouts of the new station have been developed by the District to determine how much area is required, with this reflected in the proposed property acquisition descriptions of Attachment B, Appendix
A. Progression of the design is awaiting property procurement completion prior to beginning. Pursuant to Government Code Section 7267.2, the District must make an offer to purchase the necessary interests in real property for an
amount constituting "just compensation" prior to considering eminent domain proceedings. The offer to purchase must include a statement and summary of the basis for the amount established as just compensation and must include other factual information. Such an offer was presented to the Owner by letter dated July 6, 2021
(Attachment C). The offer was based on appraisals and complied fully with the requirements of Government Code Section 7267.2. A response
was received back from the Owner to implement revisions to maintain access to the station via easements. Based on this input, a revised offer dated November 17, 2021 was sent to the Owner (Attachment C).
In late December 2021 and early January 2022, the Owner requested some adjustments to the indemnity language in the documents which
were acceptable to the District. As of May 2, 2022, a written response to the offer had not been received by the District.
The District may duly notice and conduct a Public Hearing to consider whether to adopt a Resolution of Necessity to acquire the real
property interests by exercise of its eminent domain powers if an agreement for the voluntary purchase cannot be reached. At the Public Hearing, pursuant to California Code of Civil Procedure
Section 1245.220, the District must find and determine, by a vote of not less than two-thirds of all the members of the governing body,
that: 1. The public interest and necessity require the proposed Project;
3
2. The Project is planned or located in the manner that will be
most compatible with the greatest public good and the least private injury; and
3. The property described in the resolution is necessary for the proposed Project.
District staff notified the Owner by correspondence dated May 9, 2022 (Attachment D), that a Public Hearing was scheduled for Wednesday,
June 8, 2022, at 3:30 p.m., or as soon thereafter as this matter may be heard. The notice provided that at that date and time, the Board
of Directors of the District would consider adopting a Resolution of Necessity for the acquisition of the property and utility easement interests identified therein. The notice informed the Owner of its
right to appear and to speak to the Board with regard to the District's right to acquire those real property interests. The
letter also noted, appropriately, that the amount to be paid for the property interest to be acquired was not the subject of the public hearing. Staff believes that the findings required for the adoption of the
Resolution of Necessity can be made for the following reasons: 1. Public interest and necessity require the proposed Project: The existing sewer pump station needs to be replaced with a new
station to ensure adequate operation and maintenance to protect public health from sewage spills. Existing station layout has a number of access and equipment protective issues that cannot be readily addressed by renovation work to the existing station.
2. Project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury:
The Owner has been consulted for determining if the existing station site or an alternative location is preferred for the
long-term placement of the sewer pump station. There are limited options for potentially relocating the station considering the flood plain from the Sweetwater River to the
north, existing developed property to the east, and the depth of the gravity sewer already significantly below grade.
Expansion next to the existing station site is the best option available and is currently an unused portion of the Cottonwood Golf Course.
3. The property described in the resolution is necessary for the
proposed Project:
4
As indicated above, the existing station is sited on a very
small easement of 40-feet by 40-feet and needs to remain in operation and accessible for maintenance during the construction of a replacement sewer pump station. The extent
of the additional property will provide improved vehicle and personnel access, emergency operations flexibility, and
increased capacity for future development flows. To the extent that any portion of the proposed interests on the
property includes property previously dedicated to public use, the taking by the District as to any such portion is either for a
compatible public use consistent with and authorized by the Code of Civil Procedure Section 1240.510, or for a more necessary public use consistent with and authorized by the Code of Civil Procedure Section
1240.610.
Staff has been communicating with the Owner and, with the assistance of the District’s General Counsel, will continue negotiating with the Owner and its attorney in good faith and will attempt to reach a mutually satisfactory agreement. However, it is recommended that, unless the necessary property rights have actually been obtained and
recorded by the time of the public hearing, the Board adopt the Resolution of Necessity to authorize acquisition of the required property interests through the power of eminent domain. Within six (6) months of adopting the Resolution, the District may
commence eminent domain proceedings in the Superior Court of California, County of San Diego, with the court determining the amount of compensation if a negotiated settlement has not already been reached. FISCAL IMPACT: Joe Beachem, Chief Financial Officer
The total budget for CIP S2069, as approved in the FY 2022 budget, is $2,500,000. The proposed FY 2023 CIP budget, which will be presented to the Board on June 8, 2022, includes an increase for CIP S2069 from
$2,500,000 to $2,750,000. Total expenditures, plus outstanding commitments and forecast, are $ 2,621,462.00. See Attachment E Budget
Detail. With approval of the FY 2023 budget, the CIP funding will be available.
Based on a review of the financial budget, the Project Manager anticipates that the budget for CIP S2069 will be sufficient to
support the Project. Finance has determined that, under the current rate model, 25% of the
funding will be available from the Betterment Fund, 25% will be available from the Expansion Fund, and 50% will be available from the
Replacement Fund.
5
STRATEGIC GOAL: This Project supports the District’s Mission statement, “To provide
exceptional water and wastewater service to its customers, and to manage District resources in a transparent and fiscally responsible
manner” and the General Manager’s Vision, “To be a model water agency by providing stellar service, achieving measurable results, and continuously improving operational practices."
LEGAL IMPACT:
Adoption of the proposed Resolution of Necessity by a two-thirds vote authorizes the acquisition of the property interests, as described
and depicted in Appendix A of the Resolution, by the power of eminent domain.
SB/BK/RP:jf
https://otaywater365.sharepoint.com/sites/engcip/Shared Documents/S2069 Cottonwood Sewer Pump Station Expansion/Staff Reports/Res of Nec June 2022/BD 06-08-22, Staff Report, Res of Pub Nec - Cottonwood (SB-BK).docx Attachments: Attachment A – Committee Action Attachment B – Resolution No. 4409 Attachment C – Offer Letters to Cottonwood Cajon ES, LLC Attachment D – Notification to Cottonwood Cajon ES, LLC of Resolution of Necessity
Attachment E – Budget Detail Exhibit A – Location Map
ATTACHMENT A
SUBJECT/PROJECT: S2069-001102
Hold a Public Hearing and Consider Adopting a Resolution of Public Necessity for the Acquisition by Eminent Domain of Certain Real Property Interests on Assessor Parcel Number
519-011-03 in Connection with the Cottonwood Sewer Pump Station Replacement COMMITTEE ACTION:
The Finance, Administration, and Communications Committee (Committee) reviewed this item at a Committee Meeting held on May 17, 2022. The Committee supported Staff’s recommendation.
NOTE: The “Committee Action” is written in anticipation of the Committee
moving the item forward for Board approval. This report will be sent to the Board as a Committee approved item, or modified to reflect any
discussion or changes as directed from the Committee prior to presentation to the full Board.
RESOLUTION NO. 4409
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OTAY WATER DISTRICT
FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE, AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS FOR PUBLIC PURPOSES
THE BOARD OF DIRECTORS OF THE OTAY WATER DISTRICT DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Board of Directors of the Otay Water District (hereafter "District"), after
consideration of the agenda report, staff presentation, discussion, oral testimony and evidence presented at the public meeting on June 8, 2022, hereby finds, determines and declares as follows:
A.The public interest, convenience, and necessity require the acquisition by saidDistrict of certain interests (“Interests”) in and to certain real property, which are
incorporated herein by reference, located within the County of San Diego, State ofCalifornia for public use relative to the construction and placement of theCottonwood Sewer Pump Station project, and all uses appurtenant thereto(“Project”); and
B.The Interests in real Property to be acquired are property and easement for a sewerpump station with access road and related uses, as described and depicted inAppendix “A”, attached hereto and incorporated herein by this reference (the“Property”); and
C.The Project is planned and located in a manner that will be most compatible with thegreatest public good and least private injury; and
D.The District has fully complied with all the provisions of California’s EnvironmentalQuality Act in regard to the Project; and
E.The taking of the Interests in Property in Appendix “A” as above described isnecessary for the stated Project and such taking is authorized by Article I, Section 19,of the California Constitution, the California Government Code Section 37350 etseq., and Section 40404, California Code of Civil Procedure Section 1230.010 et seq.
and other applicable law; and
F.The offer to purchase required by Section 7267.2 of the California Government Code,together with the accompanying statement and summary of the basis for the amountestablished as just compensation containing the factual information required by
statute, has been made to the owners of the Property described in Appendix “A”; and
G.The necessary notification of the Notice of Hearing, as required by the CaliforniaCode of Civil Procedure, Sec. 1245.235, was given to the owners of the Property.
ATTACHMENT B
The notice of hearing was mailed on May 9, 2022, in accordance with Code of Civil Procedure section 1245.235, to all persons whose names appear on the last equalized
County Assessment Roll as having an Interest in the Property described in Appendix
“A”. Said Notice of Hearing advised said persons of their right to be heard on the matters referred to therein, pursuant to and consistent with Code of Civil Procedure Section 1245.235(b)(2), on the date and at the time and place stated therein; and
H. The Interests are being acquired for a compatible and/or more necessary public use
pursuant to Code of Civil Procedure sections 1240.510 and 1240.610. The District
finds and determines that insofar as said parcels may have heretofore been dedicated to another public use, the acquisition of the designated Interests in said parcels by the District for the Project is for a compatible and/or more necessary public use than the use to which the parcels may have already been appropriated.
SECTION 2. The Board of Directors of the District hereby declares that it is its intention to acquire said Interests in the Property as described and depicted in Appendix “A” in its name in accordance with the provision of the laws of the State of California with reference to condemnation procedures.
SECTION 3. If any of the area of the Interests in Property to be acquired has been appropriated to some public use, the public uses to which they are to be applied by the District, as described above, are either a compatible public use, pursuant to Code of Civil Procedure section 1240.510, and/or more necessary and paramount public uses, pursuant to Code of Civil Procedure
Section 1240.610. The District is authorized to acquire the Interests in Property subject to such
existing public uses where compatible with and not unreasonably interfering or impairing the continuation of such public use that may now exist or may reasonably be expected to exist in the future pursuant to Code of Civil Procedure section 1240.510. To the extent that the herein described use or uses will unreasonably interfere with or impair continuance of such public use that may now
exist or may reasonably be expected to exist in the future, the District is authorized to acquire the
property irrespective of such public uses pursuant to Code of Civil Procedure section 1240.610. Staff is further authorized to make such improvements to the property being acquired that it determines as reasonable and necessary to mitigate any adverse impact upon existing public uses.
SECTION 4. Said Interests, as Appendix “A” attached hereto, describe the acquisition of the
Property that is required by said public interests, convenience, and necessity for the purposes set forth in Section 1 hereof, and are located within the County of San Diego, State of California. SECTION 5. General Counsel for the District are authorized and directed to prepare,
institute, and prosecute in the name of the District such proceedings in the proper court having
jurisdiction thereof as may be necessary for the acquisition of said interest, including the depositing of the probable amount of just compensation and the filing of an application for an order of immediate possession prior to judgment. All appropriate officers, representatives and attorneys are authorized to correct any errors or to make non-material changes in the legal description of the
Interests in real Property that are deemed necessary for the conduct of the condemnation action or
any other proceeding or transaction required to acquire the Property. SECTION 6. This Resolution shall be effective immediately upon its adoption.
SECTION 7. The Board Secretary shall certify to the adoption of this Resolution and certify
this record to be a full, complete, and correct copy of the action taken.
PASSED, APPROVED, AND ADOPTED this ____ day of June, 2022.
_____________________________________ BOARD PRESIDENT ATTEST:
_________________________________________
BOARD SECRETARY
STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO )
OTAY WATER DISTRICT )
I, ______________, Board Secretary of the Otay Water District, do hereby certify that the foregoing Resolution was introduced and passed at a special meeting of the Board of Directors of the Otay Water District held on the ______ day of June, 2022, by the following vote to wit:
AYES: DIRECTORS: NOES: DIRECTORS:
ABSENT: DIRECTORS:
_____________________________________ BOARD SECRETARY
APPENDIX A
Recordings Requested By:
Cottonwood Cajon Es, LLC A California Limited Liability Company 9663 Santa Monica Blvd. Ste. 974 Beverly Hills, Ca 90210
When Recorded Mail To and Mail
Tax Statement To:
Otay Water District 2554 Sweetwater Springs Blvd Spring Valley, Ca 91978
GRANT DEED
Title Order No. Escrow No. __ APN No. Portion of 519-011-03-00 THE UNDERSIGNED GRANTOR(s) DECLARE(s) BUILDING HOMES AND JOBS ACT FEE: $ 0.00 (Exempt under GC27388.1(a)(2))
DOCUMENTARY TRANSFER TAX is $ 0.00 (Exempt under Rev & Tax Code Section 11922 CITY TAX $ 0.00
Computed on full value of property conveyed, or Computed on full value less value of liens or encumbrances remaining at time of sale,
Unincorporated area City of , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, COTTONWOOD CAJON ES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
Hereby GRANT(s) to
OTAY WATER DISTRICT, A MUNICIPAL WATER DISTRICT
The following described real property in the County of San Diego, State of California and more particular described as followed: SEE EXHIBITS “A” and “B” for PARCELS “1” and “2” ATTACHED HERETO AND MADE A PART HEREOF
Date:
Grantor:
Print Name/Corporation/Entity
GD (03/13/2015) MAIL TAX STATEMENTS TO ADDRESS AS SHOWN ABOVE
DISTRICT CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant Deed to Otay Water District dated
___________________, _________ from COTTONWOOD CAJON ES, LLC to OTAY WATER DISTRICT, a Municipal Water District, is hereby accepted by order of the Board of Directors pursuant to the authority conferred by Resolution No.______________, adopted on __________________________,________, and the grantee consents to recordation thereof by its duly authorized officer.
Dated:__________________________
By:_____________________________
Jose Martinez, General Manager
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which
this certificate is attached, and not to the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of } ss
On before me, Date Name and Title of officer personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) 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
Notary Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which
this certificate is attached, and not to the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of } ss
On before me, Date Name and Title of officer personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) 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
Notary Signature
Page 1 of 1
EXHIBIT “A”
LEGAL DESCRIPTION
PARCEL 1
THAT PORTION OF TRACT “F” OF JAMACHA RANCH, PER MAP NO. 1512 AS RECORDED IN SAN
DIEGO COUNTY, DECEMBER 26, 1912, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
THE NORTHERLY 59.00 FEET OF PARCEL 1 AND ALL OF PARCEL 2, PER DOCUMENT NO. 85-260046
AS RECORDED IN THE COUNTY OF SAN DIEGO, JULY 22, 1985.
THIS DESCRIPTION CONTAINS 2,780.0 SQUARE FEET, MORE OR LESS.
EXHIBIT “B”, REFERENCED AND MADE PART HEREOF.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE
WITH THE PROFESSIONAL LAND SURVEYORS ACT (BUS. & PROF. CODE §8700).
____________________________
JUSTIN S. PALLAMARY, PLS 8392 DATE: 11/11/2021
SHEET 1 OF 1
EXHIBIT "B"
OTAY WATER DISTRICT
PARCEL 1
Page 1 of 1
EXHIBIT “A”
LEGAL DESCRIPTION
PARCEL 2
THAT PORTION OF TRACT “F” OF JAMACHA RANCH, PER MAP NO. 1512 AS RECORDED IN
SAN DIEGO COUNTY, DECEMBER 26, 1912, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT “F”, SAID POINT ALSO BEING AN
ANGLE POINT IN THE WESTERLY LINE OF LOT 43 OF MAP NO. 9491 AS RECORDED IN THE
COUNTY OF SAN DIEGO, DECEMBER 12, 1979 ; THENCE ALONG THE EASTERLY LINE OF SAID
TRACT, SOUTH 03° 44' 21" EAST (S 4° 30’ E PER MAP NO. 1512), A DISTANCE OF 594.50 FEET
TO THE POINT OF INTERSECTION WITH THAT CERTAIN LINE IDENTIFIED AS (NORTH 83° 22'
15" WEST 122.02’), SHOWN ON THAT CERTAIN RECORD OF SURVEY NO. 14710 AS
RECORDED IN THE COUNTY OF SAN DIEGO, NOVEMBER 10, 1994; THENCE LEAVING SAID
TRACT “F” AND ALONG SAID RECORD OF SURVEY NO. 14710, NORTH 83° 22' 15" WEST, A
DISTANCE OF 20.33 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 1 OF DOCUMENT
NO. 85-260046 RECORDED IN THE COUNTY OF SAN DIEGO, JULY 22, 1985; THENCE NORTH
ALONG SAID WESTERLY LINE, NORTH 03° 44' 21" WEST, A DISTANCE OF 250.03 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE,
NORTH 03° 44' 21" WEST, A DISTANCE OF 59.00 FEET TO THE SOUTHERLY LINE OF PARCEL 2
OF SAID DOCUMENT NO. 85-260046; THENCE ALONG SAID SOUTHERLY LINE
SOUTH 85° 15' 39" WEST, A DISTANCE OF 20.00 FEET; THENCE CONTINUING ALONG
PARCEL 2, NORTH 03° 44' 21" WEST, A DISTANCE OF 40.00 FEET NORTHWEST CORNER OF
SAID PARCEL 2; THENCE LEAVING SAID PARCEL 2 SOUTH 85° 15' 39" WEST, A DISTANCE OF
60.00 FEET; THENCE SOUTH 03° 44' 21" EAST, A DISTANCE OF 90.00 FEET; THENCE
NORTH 85° 15' 39" EAST, A DISTANCE OF 64.00 FEET; THENCE SOUTH 48° 44' 21" EAST, A
DISTANCE OF 12.73 FEET; THENCE NORTH 86° 15' 39" EAST, A DISTANCE OF 7.00 FEET TO
THE TRUE POINT OF BEGINNING.
THIS DESCRIPTION CONTAINS 6,503.5 SQUARE FEET, MORE OR LESS.
EXHIBIT “B”, REFERENCED AND MADE PART HEREOF.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT (BUS. & PROF. CODE
§8700).
____________________________
JUSTIN S. PALLAMARY, PLS 8392 DATE: 11/11/2021
SHEET 1 OF 1
EXHIBIT "B"
OTAY WATER DISTRICT
PARCEL 2
T.P.O.B.
POINT OF BEGINNING
RECORDING REQUESTED BY
AND AFTER RECORDATION
MAIL TO:
OTAY WATER DISTRICT
2554 SWEETWATER SPRINGS BOULEVARD
SPRING VALLEY, CA 91978-2004
APN: 519-011-03-00 Documentary Transfer Tax: None
(Exempt under Rev & Tax Code Section 11922)
Building Homes and Jobs Act Fee: None
(Exempt Under GC27388.1(a)(2))
GRANT OF EASEMENT OF RIGHT-OF-WAY TO
OTAY WATER DISTRICT
For good and valuable consideration, receipt of which is hereby acknowledged, the undersigned
COTTONWOOD CAJON ES, LLC as Grantor(s) hereby GRANT(S) to OTAY WATER DISTRICT, a
municipal water district formed under the Municipal Water District Law of 1911, as amended, situated in the
County of San Diego, State of California, as Grantee, permanent easements of right-of-way for the purpose
of laying underground water and sewer pipelines and laterals, trunk lines, collection lines and laterals, sewer
manholes and other underground and surface structures appurtenant to said water or sewer lines including, but
not limited to, power lines for transmission and communication purposes, pumps, regulators, valves and access
roads on areas within said easement, hereinafter referred to as "said facilities," together with the right to
construct, operate, maintain, repair and replace said facilities, and the right of ingress and egress for such
purposes. Said easement is described and/or depicted as follows:
(See Exhibit(s) “A” and “B” attached hereto and made a part hereof)
Grantor reserves the right to use said land at Grantor's own risk for any and all purposes not conflicting,
interfering or inconsistent with Grantee's use of, and access to, said facilities. Grantor waives any right under
Civil Code section 845, and any right to compel Grantee to grade, surface or otherwise improve or maintain
said easement area as a roadway.
Grantor shall not increase or decrease or permit to be increased or decrease the ground elevations of said
easement existing at the time this document is executed, nor construct or permit to be constructed any
permanent building, structures, improvements or other encroachment upon said easement which will cause
damage to or threaten the safety of any of said facilities of Grantee placed within the easement.
Grantee may remove from the easement any building, structure, improvement or other encroachments thereon
conflicting, interfering or inconsistent with its use for the purposes hereby granted. Grantee shall have the
right to install its own gates and locks in all fences which now cross or may hereafter cross said easement.
Grantee agrees on its own behalf and on behalf of its successors in interest that it will indemnify and hold
Grantor harmless for any loss, claim, damage, or liability which results from Grantee’s sole negligence or
willful misconduct in its use of said land.
Grantor may use said land as a driveway and to the extent of such use may surface or pave the area, subject to
the restrictions as to changes in existing ground elevations set forth above. Grantor agrees on its own behalf
and on behalf of its successors in interest that it will indemnify and hold Grantee, its elected and appointed
officials, agents, and employees harmless for any loss, claim, damage, or liability which results from
Grantor’s sole negligence or willful misconduct in its use of said land.
Grantor may, at Grantor's expense, and subject to Grantee's prior written consent, relocate the above mentioned
facilities in the event such conflict with future development of said property, provided that Grantor does not
cause discontinuance of service to any area, and provided, further, that Grantee receives, without expenses to
Grantee, an easement comparable to this easement for said relocated facilities. Grantee shall never be required
to relocate or alter in any way the facilities installed pursuant to this grant of easement, or to bear any cost in
connection therewith as a result of changes in the location of any said facilities.
Grantee shall have the right to transfer and assign all or a portion of this easement to its successor in interest,
or to any other political subdivision or public utility for use of the above stated purpose.
Date:
Grantor(s):
Print Name/Corportation/Entity
[Each signature of Grantor must be acknowledged in the form attached hereto]
DISTRICT CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant of Easement of Right of Way to Otay Water
District dated , from COTTONWOOD CAJON ES, LLC to OTAY WATER
DISTRICT, a municipal water district, is hereby accepted by order of the Board of Directors pursuant to the authority
conferred by Resolution No. 1829, adopted on February 23, 1981, and the grantee consents to recordation thereof by its
duly authorized officer.
Dated: By:
Tita Ramos-Krogman
District Secretary
Otay Water District
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
GRANTOR’S SIGNATURE ACKNOWLEDGEMENT
State of California )
) ss
County of )
On ____________________ before me, ____________________________________________
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared
__________________________________________________________________
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s) , or the entity upon behalf of which the person(s) 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.
_________________________________
Signature of Notary Public (Notary Seal)
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
Page 1 of 1
EXHIBIT “A”
LEGAL DESCRIPTION
PARCEL 3
THAT PORTION OF TRACT “F” OF JAMACHA RANCH, PER MAP NO. 1512 AS RECORDED IN
SAN DIEGO COUNTY, DECEMBER 26, 1912, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT “F”, SAID POINT ALSO BEING AN
ANGLE POINT IN THE WESTERLY LINE OF LOT 43 OF MAP NO. 9491 AS RECORDED IN THE
COUNTY OF SAN DIEGO, DECEMBER 12, 1979 ; THENCE ALONG THE EASTERLY LINE OF SAID
TRACT, SOUTH 03° 44' 21" EAST (S 4° 30’ E PER MAP NO. 1512), A DISTANCE OF 594.50 FEET
TO THE POINT OF INTERSECTION WITH THAT CERTAIN LINE IDENTIFIED AS (NORTH 83° 22'
15" WEST 122.02’), SHOWN ON THAT CERTAIN RECORD OF SURVEY NO. 14710 AS
RECORDED IN THE COUNTY OF SAN DIEGO, NOVEMBER 10, 1994; THENCE LEAVING SAID
TRACT “F” AND ALONG SAID RECORD OF SURVEY NO. 14710, NORTH 83° 22' 15" WEST, A
DISTANCE OF 20.33 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 1 OF DOCUMENT
NO. 85-260046 RECORDED IN THE COUNTY OF SAN DIEGO, JULY 22, 1985, SAID POINT ALSO
BEING TO THE TRUE POINT OF BEGINNING; THENCE NORTH ALONG SAID WESTERLY LINE,
NORTH 03° 44' 21" WEST, A DISTANCE OF 249.84 FEET; THENCE LEAVING SAID WESTERLY
LINE SOUTH 86° 15' 39" WEST, A DISTANCE OF 7.00 FEET; THENCE SOUTH 03° 44' 21" EAST,
A DISTANCE OF 207.75 FEET; THENCE SOUTH 86° 16' 45" WEST, A DISTANCE OF 3.00 FEET;
THENCE SOUTH 03° 44' 21" EAST, A DISTANCE OF 40.46 FEET TO SAID RECORD OF SURVEY
NO. 14710; THENCE ALONG SAID RECORD OF SURVEY SOUTH 83° 22' 40" EAST, A DISTANCE
OF
10.17 FEET TO THE TRUE POINT OF BEGINNING.
THIS DESCRIPTION CONTAINS 1,863.7 SQUARE FEET, MORE OR LESS.
EXHIBIT “B”, REFERENCED AND MADE PART HEREOF.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT (BUS. & PROF. CODE
§8700).
____________________________
JUSTIN S. PALLAMARY, PLS 8392 DATE: 11/11/2021
SHEET 1 OF 1
EXHIBIT "B"
OTAY WATER DISTRICT
PARCEL 3
T.P.O.B.
POINT OF BEGINNING
July 6, 2021
... CDedwo.ted to CommuHlty .Qe1ll/lce
2554 SWEETWATER SPRINGS BOULEVARD, SPRING VALLEY, CALIFORNIA 91978-2004
TELEPHONE: 670-2222, AREA CODE 619 www.otaywater.gov
Sent via e-mail to: Brice Bossler brice@bosslerqroup.com
Dennis Fransway dennis@enviromineinc.com Project: S2069-001102
Mr. Michael Schlesinger Cottonwood Cajon ES, LLC
9663 Santa Monica Boulevard, Suite 97 4
Beverly Hills, CA 90210
SUBJECT: Formal Offer to Purchase a Portion of APN 519-011-03
Cottonwood Golf Course
Otay Water District -Cottonwood SPS Property Acquisition Statutory Offer Pursuant to Government Code Section 7267.2(a)
Dear Mr. Schlesinger:
The Otay Water District ("District") submits for your approval an offer to purchase a portion of tract APN 519-011-03, part of the Cottonwood Golf Course in San Diego County, as we have previously discussed with your representatives Mr. Bossler of the Bossler Group,
LLC and Mr. Fransway of EnviroMINE, Inc. The property to be acquired (hereinafter
referred to as "Real Property") consists of two (2) parcels, the first being that already
encumbered by the District's existing Permanent Utility Easement and the second is
additional property to enable the District to construct a replacement Sewage Pump Station (SPS), and it is more particularly described in the document enclosed herewith
titled, "Grant Deed of Proposed Property Acquisition with Exhibit A & B -Legal and Plat
for Parcels 1 and 2". The total area of the Real Property is approximately 0.37 acres,
located in the southeastern corner of the tract.
The District hereby offers to acquire the Real Property for the sum of $44,000.00. For this purpose, the District retained the appraisal services of Hendrickson Appraisal Company, Inc., an independent real estate appraiser, whose services your
representatives approved, to estimate the "Fair Market Value" of the Real Property. The appraiser's Fair Market Value Estimate is shown on the enclosed "Appraisal of a 23.80
Acre Holding of Land, West End of Par Four Drive, El Cajon, CA 92019," prepared on
March 30, 2021, under "Summary of the Basis for the Amount Established as Just Compensation" and "Summary of Salient Facts and Conclusions." Based upon this
independent appraisal, the District has determined that the amount of $44,000.00
constitutes Just Compensation for the proposed purchase of the Real Property
ATTACHMENT C
Michael Schlesinger
Formal Offer to Purchase a Portion of APN 519-011-03; Cottonwood Golf Course
Otay Water District -Cottonwood SPS Property Acquisition
July 6, 2021
Page 2 of 3.
If the above offer meets with your approval, please sign this letter on Page 3 under the heading "Offer Accepted" and return it to my attention either by delivering the acceptance
to the District Office at 2554 Sweetwater Springs Boulevard Spring Valley, California
91978-2004 or via certified mail. A duplicate copy of this letter is enclosed for your
records. Please review all the enclosed documents prior to making a decision. If you
accept our offer, please be ready to execute and deliver the Real Property Grant Deed enclosed with this offer.
Upon your acceptance of the above offer, an escrow will be opened by or at the direction
of the District. Escrow will facilitate the conveyance of the Real Property to the District
free and clear of any and all liens, encumbrances, and options or claims for leasehold
interests, with the exception of the District's existing Permanent Utility Easement, for a
total consideration of $44,000.00. The acquisition of the Real Property is subject to
District reviewing the escrow Preliminary Title Report, if any, and accepting the conveyance document. The District proposes that both parties will share equally all
eligible incidental expenses associated with the escrow closing including any recording
fees. The District's purchase of the Real Property is subject to approval by the Board of
Directors of the Otay Water District.
This offer will be deemed revoked, if it has not been accepted before the earlier of (i) the date on which the Board of Directors of the District holds a public hearing on a possible
condemnation action, if any, or (ii) within forty-five (45) days of the date of this letter.
If you do not timely accept this offer, the District will acquire the parcel by eminent domain
pending the approval by the Board of Directors of the District. To accomplish this, the District is required to (i) establish an amount that the District believes to be "just
compensation", (ii) make an offer to the owner(s) of record to acquire the Real Property
for the full amount so established, and (iii) provide the owner(s) with a written statement
of, and summary of the basis for, the amount established as "Just Compensation". The
District's offer cannot be less than the District's appraisal of the value of the property interest to be acquired, (see California Government Code Section 7267.2(a)). As stated
above, the District's offer in the amount of $44,000.00 constitutes "Just Compensation"
as it is based upon an appraisal by Hendrickson Appraisal Company, Inc., an independent
real estate appraiser, whose services your representatives approved, and it represents
the "Fair Market Value" of the Real Property. Please see the "Appraisal of a 23.80 Acre Holding of Land, West End of Par Four Drive, El Cajon, CA 92019," prepared on
March 30, 2021, under "Summary of the Basis for the Amount Established as Just
Compensation" and "Summary of Salient Facts and Conclusions" enclosed herewith.
Michael Schlesinger
Formal Offer to Purchase a Portion of APN 519-011-03; Cottonwood Golf Course
Otay Water District -Cottonwood SPS Property Acquisition
July 6, 2021 Page 3 of 3.
If you have any questions regarding this offer or the terms of the Real Property acquisition
proposal, please contact the District's Project Manager, Stephen Beppler, P.E, Senior
Civil Engineer, at (619) 670-2209 or by email at steve.beppler@otaywater.gov.
Sincerely,
OTAY WATER DISTRICT
�artinez General Manager
JM:jf
Enclosures: -Appraisal of a 23.80 Acre Holding of Land, West End of Par Four Drive,El Cajon, CA 92019-Grant Deed of Proposed Property Acquisition with Exhibit A & 8 - Legal
and Plat for Parcels 1 and 2-The Public Acquisition Process-Copy of this Offer Letter
OFFER ACCEPTED: COTTONWOOD CAJON ES, LLC
Dated: ----------------
By: ____________ _
Signature
Print
Title
https://otaywater365.sharepoint.com/sites/engcip/Shared Documents/S2069 Cottonwood Sewer Pump Station Expansion/Design/Correspondence/S2069 Cottonwood Property Acquisition Offer Letter (S0498336).docx
2554 SWEETWATER SPRINGS BOULEVARD. SPRING VALLEY. CALIFORNIA 91978-2004
TELEPHONE: 670-2222. AREA CODE 619
November 17, 2021
Mr. Michael Schlesinger
Cottonwood Cajon ES, LLC
Project: S2069-001102
9663 Santa Monica Boulevard, Suite 974
Beverly Hills, CA 90210
SUBJECT: Revised Formal Offer to Purchase a Portion of APN 519-011-03
Cottonwood Golf Course
Otay Water District -Cottonwood SPS Property Acquisition Statutory Offer Pursuant to Government Code Section 7267.2(a)
Dear Mr. Schlesinger:
The Otay Water District ("District") appreciates your input on revising our offer to purchase
a portion of tract APN 519-011-03, part of the Cottonwood Golf Course in San Diego
County. The extent of the property to be acquired (hereinafter referred to as "Real Property") now consists of three (3) parcels: the first being a portion of that already
encumbered by the District's existing Permanent Utility Easement; the second is
additional property to enable the District to construct a replacement Sewage Pump Station (SPS); and the third is a new Permanent Utility Easement to widen the access
road to the SPS. These are more particularly described in the Grant Deed and Grant of
Easement of Right-of-Way documents enclosed herewith. The total area of the Real Property is approximately 0.26 acres, located in the southeastern corner of the tract.
The District hereby offers to acquire the Real Property for the sum of $44,000.00. For
this purpose, the District retained the appraisal services of Hendrickson Appraisal
Company, Inc., an independent real estate appraiser, whose services your representatives approved, to estimate the "Fair Market Value" of the Real Property. The
appraiser's Fair Market Value Estimate is shown on the enclosed "Appraisal of a 23.80
Acre Holding of Land, West End of Par Four Drive, El Cajon, CA 92019," prepared on
March 30, 2021, under "Summary of the Basis for the Amount Established as Just
Compensation" and "Summary of Salient Facts and Conclusions." Based upon this independent appraisal, the District has determined that the amount of $44,000.00 constitutes Just Compensation for the proposed purchase of the Real Property.
Michael Schlesinger
Revised Formal Offer to Purchase a Portion of APN 519-011-03; Cottonwood Golf
Course
Otay Water District -Cottonwood SPS Property Acquisition
November 17, 2021 Page 3 of 3.
If you have any questions regarding this offer or the terms of the Real Property acquisition
proposal, please contact the District's Project Manager, Stephen Beppler, P.E, Senior
Civil Engineer, at (619) 670-2209 or by email at steve.beppler@otaywater.gov.
Sincerely,
OTAY WATER DISTRICT
�artinez General Manager
JM:jf
Enclosures:
-Appraisal of a 23.80 Acre Holding of Land, West End of Par Four Drive,El Cajon, CA 92019
Grant Deed of Proposed Property Acquisition with Exhibit A & B -Legal
and Plat for Parcels 1 and 2
Permanent Utility Easement Acquisition with Exhibit A & B -Parcel 3
The Public Acquisition Process
Copy of this Offer Letter
OFFER ACCEPTED: COTTONWOOD CAJON ES, LLC
Dated: ---------------
By:----------------
Signature
Print
Title
https://otaywater365.sharepoint.com/sites/engcip/Shared Documents/S2069 Cottonwood Sewer Pump Station Expansion/Design/Correspondence/S2069 Cottonwood Property Acquisition Second Offer Letter.docx
.. .<-Oedtco.ted to Commu11lt� .Qe11vtce
2554 SWEETWATER SPRINGS BOULEVARD, SPRING VALLEY, CALIFORNIA 91978-2004
TELEPHONE: 670-2222, AREA CODE 619
May 9, 2022
Michael Schlesinger
Cottonwood Cajon ES, LLC 9663 Santa Monica Boulevard, Suite 974 Beverly Hills, CA 90210
www.otaywater.gov
Sent via e-mail to michae/@cambrare.com and Federal Express# 776810943416 Project Number: S2069-001101
RE: Otay Water District -Cottonwood Sewer Pump Station Replacement Project (S2069); Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Property and Utility Easement by Eminent Domain [California Code of Civil Procedure Section 1245.235];
APN #519-011-03
Dear Mr. Schlesinger:
NOTICE OF YOUR RIGHT TO APPEAR ANO BE HEARD:
Please take notice that the Otay Water District Board of Directors at a regular meeting to be held on Wednesday, June 8, 2022. at 3:30 p.m., or as soon thereafter as the matter
may be heard, at the District Boardroom, Otay Water District, 2554 Sweetwater Springs Boulevard, Spring Valley, California 91978-2004, will hold a hearing on whether such a Resolution of Necessity should be adopted, as required by California Code of Civil
Procedure Section 1245.220 for the commencement of an eminent domain proceeding to acquire real property at Cottonwood Golf Course, owned by Cottonwood Cajon ES, LLC. If adopted, the Resolution will authorize the Otay Water District to acquire the property interests described herein by eminent domain for implementation of the Cottonwood Sewer Pump Station Replacement Project. A description of the property being considered for acquisition, including the easement deed(s) conveying the required property interest, is attached to this Notice.
You have a right to be heard before the Otay Water District Board of Directors at the above-scheduled hearing on the following matters and issues, and to have the Otay Water District Board of Directors give judicious consideration to your testimony prior to
deciding whether or not to adopt the proposed Resolution of Necessity in accordance with Code of Civil Procedure 1245.235 subdivision (b)(2). In making their decision, the Board of Directors will determine:
ATTACHMENT D
Cottonwood Cajon ES, LLC Resolution of Necessity to Acquire Property by Eminent Domain -Notice of Hearing May 9, 2022 Page 2 of 3.
1.Whether the public interest and necessity require the proposed project;
2.Whether the proposed project is planned or located in the manner that willbe most compatible with the greatest public good and the least privateinjury;
3.Whether the property sought to be acquired by eminent domain anddescribed in the Resolution of Necessity is necessary for the proposed
project; and
4.Whether the offer required by Government Code Section 7267.2 was madeto the owner of record.
A copy of the Resolution of Necessity will be available, upon your request, for inspection at the office of the District. You may contact the District Secretary at 619-670-2222 at any time no earlier than 10 days after the date of this Notice and no later than the date of the hearing to request access to, or a copy of, the Resolution.
The Otay Water District is authorized to acquire property by eminent domain for this proposed project in accordance with Article I, Section 19, of the California Constitution, the California Government Code Section 37350 et seq., and Section 40404, California Code of Civil Procedure Section 1230.010 et seq., and other applicable law.
WAIVER OF RIGHT TO APPEAR AND BE HEARD:
California Code of Civil Procedure Section 1245.235(b)(3) provides that, "Failure to file a written request to appear and be heard within 15 days after the notice was mailed will result in waiver of the right to appear and be heard.,, (Emphasis added).
Therefore, if you desire to be heard. you must file a written request with the District Secretary at Otay Water District, 2554 Sweetwater Springs Boulevard, Spring Valley, California 91978-2004, or via facsimile at 619-660-0829. The request must be received by the District Secretary within fifteen {15) days of the date of this notice.
If you elect not to appear and be heard, your failure to appear will be a waiver of
your right to later challenge the right of the Otay Water District to take the property
by eminent domain.
The amount of the compensation to be paid for the acquisition of the property will not be considered by the Otay Water District at this hearing. Therefore, if you elect not to appear
and be heard, your failure to appear will not prevent you from claiming greater compensation, in a court of law.
Cottonwood Cajon ES, LLC Resolution of Necessity to Acquire Property by Eminent Domain -Notice of Hearing May 9, 2022 Page 3 of 3.
If the Otay Water District elects to adopt the Resolution of Necessity, then within six months of the adoption of the Resolution, the Otay Water District will commence eminent domain proceedings in Superior Court. In that proceeding, the court will determine the amount of compensation to which you are entitled.
Sincerely, OTAY WATER DISTRICT
�Martinez General Manager
Enclosures: Grant and Easement Deeds with legal descriptions and plats
https://otaywater365.sharepoint.com/sites/engcip/Shared Documents/S2069 Cottonwood Sewer Pump Station Expansion/Planning/Land Acquisition/Res of Necessity/Resolution of Necessity Letter -Cottonwood -final.docx
ATTACHMENT E – Budget Detail
SUBJECT/PROJECT: S2069-001102
Hold a Public Hearing and Consider Adopting a Resolution of Public Necessity for the Acquisition by Eminent Domain of
Certain Real Property Interests on Assessor Parcel Number 519-011-03 in Connection with the Cottonwood Sewer Pump Station Replacement
Budget
Committed Expenditures
Outstanding
Commitment
& Forecast
Projected
Final Cost Vendor/Comments
2,750,000
Planning
Consultant Contracts $34,280 $34,280 $0 $34,280 HELIX
ENVIRONMENTAL
$8,390 $8,390 $0 $8,390 RFYEAGER ENG LLC
Regulatory Agency
Fees
$2,530 $2,530 $0 $2,530 COUNTY OF SAN
DIEGO
Service Contracts $113 $113 $0 $113 DAILY JOURNAL CORP
$784 $784 $0 $784 SAN DIEGO UNION
TRIB
Property Acquisition $100,000 $0 $100,000 $100,000 Estimated Budget
Standard Salaries $80,000 $62,146 $17,854 $80,000
Total Planning $226,097 $108,243 $117,854 $226,097
Design
Consultant Contracts $11,800 $11,800 $0 $11,800 HENDRICKSON
APPRAISAL
$20,015 $20,015 $0 $20,015 PSOMAS
$450,000 $0 $450,000 $450,000 Design Engineering
Service Contracts $1,500 $1,500 $0 $1,500 FIRST AMERICAN TITLE
Standard Salaries $120,000 $15,712 $104,288 $120,000
Total Design $603,315 $49,027 $554,288 $603,315
Construction
Service Contracts $1,000 $0 $1,000 $1,000 REPROGRAPHICS
$50 $0 $50 $50 ADVERTISEMENT
Consultant Contracts $30,000 $0 $30,000 $30,000 Engineering Services
$30,000 $0 $30,000 $30,000 Construction Mgmt
Construction Contract $1,620,000 $0 $1,620,000 $1,620,000
$81,000 $0 $81,000 $81,000 Contingency @ 5%
Standard Salaries $30,000 $0 $30,000 $30,000
Total Construction $1,792,050 $0 $1,792,050 $1,792,050
Grand Total $2,621,462 $157,271 $2,464,192 $2,621,462
OTAY WATER DISTRICT
COTTONWOOD SEWER LIFT STATION REPLACEMENT PROJECTLOCATION MAP
EXHIBIT AC:\Users\donald.bienvenue\Otay Water District\ENG OPERATING - Documents\Technician\GIS\Staff Report Exhibit A.mxd
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VICINITY MAP
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