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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 2 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 3 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 4 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. 6 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 7 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 8 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. 11 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$ 3 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 !\ VICINITY MAP PROJECT SITE DIV 5 DIV 1 DIV 2 DIV 4 DIV 3 ÃÅ54 ÃÅ125 ÃÅ94 ÃÅ905 §¨¦805 FNTS PROJECT SITE CIP S2069F 0 4020 Feet PA R F OU R D R IV E