RES-2013-157RESOLUTION NO. 2013 - 15 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACTING AS RESPONSIBLE AGENCY TO MAKE
AND ADOPT FINDINGS FOR PURPOSES OF AND PURSUANT
TO THE PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT OF 1970 IN CONNECTION
WITH PROGRAM/PROJECT ENVIRONMENTAL IMPACT
REPORT ORANGE COUNTY WATER DISTRICT ANNEXATION
REQUEST BY THE CITY OF ANAHEIM, IRVINE RANCH
WATER DISTRICT AND YORBA LINDA WATER DISTRICT
(STATE CLEARING HOUSE NO. 2011071095) RELATING TO
THE ANNEXATION OF 2,355 ACRES OF LAND IN THE
EASTERN PORTION OF THE CITY OF ANAHEIM INTO THE
ORANGE COUNTY WATER DISTRICT AND APPROVING AN
AGREEMENT FOR ANNEXATION TO ORANGE COUNTY
WATER DISTRICT
WHEREAS, there are 2,355 acres of land within the City of Anaheim outside of the
boundaries of the Orange County Water District ( "OCWD "); this area is depicted in Exhibit "A"
attached hereto and incorporated herein by reference ( "Subject Territory ");
WHEREAS, on January 15, 2010, the City of Anaheim ( "Anaheim ") submitted a
request to OCWD to annex the Subject Territory into the boundaries of OCWD ( "Project ");
WHEREAS, in addition to Anaheim, the Irvine Ranch Water District ( "IRWD ") and
the Yorba Linda Water District ( "YLWD ") also submitted requests to OCWD for the annexation of
territories within their respective districts into the boundaries of OCWD ( "Additional Annexations ");
WHEREAS, on January 29, 2011, OCWD, as the lead agency for the Project and the
Additional Annexations, circulated a notice of preparation of "Program/Project Environmental
Impact Report Orange County Water District Annexation Request by the City of Anaheim, Irvine
Ranch Water District and Yorba Linda Water District" (State Clearing House No. 2011071095)
( "EIR ") for the Project and the Additional Annexations as required by the California Environmental
Quality Act ( "CEQA "), and in addition, held a scoping meeting on August 10, 2011, at the offices of
OCWD;
WHEREAS, Anaheim is a responsible agency under CEQA as Anaheim is
responsible for approving a portion of the Project, and, in the case of IRWD and YWLD, they are
responsible agencies as these agencies are responsible for approving their respective portion of the
Additional Annexations;
WHEREAS, taking into consideration the comments received during the public
scoping process and other CEQA requirements relating to the contents of the EIR, a Draft
Environmental Impact Report (DEIR) was prepared by OCWD;
WHEREAS, in the preparation of the DEIR, OCWD consulted with Anaheim,
IRWD, and YLWD in their capacity as responsible agencies, and, in connection therewith, Anaheim
participated in the DEIR's preparation but only with respect to that portion of the DEIR relevant to
the Project;
WHEREAS, the DEIR was circulated by OCWD from March 29, 2013 to May 17,
2013, and, on April 30, 2013, OCWD held a public meeting on the DEIR at the offices of OCWD;
and
WHEREAS, during the official public review period for the DEIR, fourteen (14)
comment letters were received by OCWD;
WHEREAS, OCWD reviewed all of the comments on the DEIR received from
interested persons, organizations and agencies and prepared detailed responses to the comments
directed to any significant environmental issues, revisions to the DEIR text and other information
required by CEQA to be included in the Final EIR ( "FEIR ");
WHEREAS, CEQA provides that when an EIR identifies any significant
environmental effects that would occur if the project is approved or carried out, a responsible agency
must make a specified finding or findings with respect to each of the identified significant effects,
and must also adopt a mitigation monitoring program for the changes to the project which it has
adopted or made a condition of approval in order to mitigate or avoid significant project - related
impacts on the environment;
WHEREAS, at its meeting held on October 2, 2013, at 5:30 p.m., the Board of
Directors of OCWD certified that the FEIR was completed in compliance with CEQA and reflects
OCWD's independent judgment and analysis, adopted findings as required by CEQA, approved an
agreement with Anaheim relating to the implementation of the Project and agreements with IRWD
and YLWD relating to the implementation of the Additional Annexations, and adopted a Mitigation
Monitoring and Reporting Program for YLWD's annexation;
WHEREAS, the certified FEIR, together with OCWD's adopted findings, have been
presented to the Anaheim City Council;
WHEREAS, as a responsible agency, Anaheim is required by CEQA to consider the
FEIR prepared by OCWD and reach its own conclusions on whether and how to approve the
agreement with OCWD relating to the Project; and
WHEREAS, the Anaheim City Council has reviewed and considered the information
contained in the F1IR, the proposed findings presented to this meeting, and all oral and written
evidence constituting the administrative record presented to the Anaheim City Council, which is on
file with the City Clerk as the custodian thereof in the office of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim
as follows:
Section 1 . All of the foregoing recitals are true and correct.
Section 2 . The Anaheim City Council has reviewed the information contained in the FEIR
that is relevant to ins approval of the Project, and has reviewed the CEQA findings contained in
Resolution No. 13 -10 -125, incorporated herein by reference, adopted by the OCWD Board of
Directors for the Project, as well as any and all testimony received by the Anaheim City Council, the
Anaheim City CounIM hereby concludes all of the following:
(a) OCWD has adopted the mitigation measures recommended in the FEIR for YLWD's
annexation, YLWD has authority to implement those mitigation measures, and Anaheim has no
direct authority or responsibility to implement the mitigation measures identified in the FEIR and
Resolution No. 13 -10 -125; and
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(b) The Anaheim City Council has considered the environmental impacts of the Project
and has reviewed and considered the FEIR and finds that the FEIR is adequate for its use as a
responsible agency decision- making body for its consideration of the Project; and
(c) Approval of the agreement with OCWD relating to the Project by the Anaheim City
Council is within the scope of the activities evaluated in the FEIR; the annexation agreement with
OCWD is attached hereto and incorporated herein by reference as Exhibit B ( "Agreement ");
(d) Since the FEIR was certified by OCWD, there have been no substantial changes to
the Project and no substantial changes in Project circumstances that would require major revisions to
the FEIR due to the involvement of new significant environmental effects or an increase in the
severity of previously identified significant impacts, and there is no new information of substantial
importance that would change the conclusions set forth in the FEIR; and
(e) Anaheim has not identified any feasible alternative or additional feasible mitigation
measures within its powers that would substantially lessen or avoid any significant effect that the
Project would have on the environment.
Section 3 . Based upon all of the foregoing, the Anaheim City Council hereby adopts the
findings within Resolution No. 13 -10 -125 as its findings as a responsible agency under CEQA to the
fullest possible extent that said findings are relevant to the Anaheim City Council's decision to
approve the Project.
Section 4 . The Anaheim City Council hereby approves the Agreement relating to the Project
and authorizes the Anaheim Public Utilities General Manager, on behalf of the Anaheim, to execute
the Agreement and any other related documents, and to take such actions as are necessary to
implement and administer the Agreement.
Section 5 . Anaheim staff is hereby authorized and directed to cause a Notice of
Determination reflecting the foregoing actions to be executed and filed with the Orange County
Clerk and the State Clearinghouse.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 8th day of October , 2013, by the
following vote
AYES: Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: Mayor Tait
CIT NAHEI
MAYOR OF THE CITY OF ANAHEIM
ATTEST.
CITY CLERK OF THE CITY OF ANAHEIM
EXHIBIT A
SUBJECT TERRITORY
[ATTACHED BEHIND THIS PAGE]
EXHIBIT B
ANNEXATION AGREEMENT
[ATTACHED BEHIND THIS PAGE]
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ANNEXATION AGREEMENT BETWEEN ORANGE COUNTY WATER DISTRICT
AND CITY OF ANAHEIM REGARDING ANNEXATION TO ORANGE COUNTY
WATER DISTRICT
THIS AGREEMENT is entered into as of , 2013 (the "Effective Date ")
by and between the ORANGE COUNTY WATER DISTRICT (hereinafter, "OCWD ") and
the CITY OF ANAHEIM (hereinafter, "Applicant ").
RECITALS
A. OCWD was created by special act of the California Legislature (Ch. 924,
Stats. 1933, as amended, the "OCWD Act ") for the purpose of protecting and managing
the Orange County groundwater basin and providing for the conservation and regulation
of the quantity and quality of water within the groundwater basin. OCWD further has the
authority, pursuant to its enabling legislation, to prevent the exportation of groundwater
resources from its boundaries. The boundaries of OCWD are located within the County
of Orange, State of California. The OCWD Act authorizes OCWD to annex additional
lands to its boundaries and to impose on lands proposed to be annexed such
reasonable terms and conditions as OCWD determines appropriate.
B. Applicant is a municipal corporation, whose boundaries are located within
the County of Orange, State of California, and within the boundaries of the Metropolitan
Water District of Southern California (hereinafter, "MWD "). A portion of the lands within
the boundaries of Applicant are within the boundaries of OCWD, and a portion of those
lands within Applicant's boundaries that are not within the boundaries of OCWD are
within the OCWD sphere of influence as determined by the Local Agency Formation
Commission of Orange County ( "LAFCO ").
C. Applicant provides retail water service to the residents and water users
within its service area. In order to provide such retail water service, among other
sources, Applicant purchases water from MWD ( "Imported Water") to serve all of the
lands within its boundaries, and produces and serves groundwater from the Orange
County Groundwater Basin ( "Basin ") to the Applicant lands within the boundaries of
OCWD.
D. Approximately 2,355 acres of land within the boundaries of Applicant
(which land is more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference, and is hereinafter referred to as the "Subject
Territory") are within the watershed of the Santa Ana River in Orange County, but not
currently within the boundaries of OCWD. A plat showing the boundaries of the Subject
Territory, Applicant, and relevant portions of OCWD is attached hereto as Exhibit "B ".
E. Applicant desires to annex the Subject Territory to OCWD in order that the
Subject Territory may benefit from inclusion within OCWD. OCWD desires to annex the
Subject Territory in order to provide better management, regulation, and control over the
Orange County groundwater basin and its resources.
F. Applicant and OCWD mutually acknowledge and find that Applicant's
request fully complies with the OCWD Annexation Policy and all other OCWD policies.
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NOW THEREFORE, in consideration of the facts recited above, and the
covenants, conditions and promises contained herein, the parties hereto agree as
follows:
SECTION ONE: ANNEXATION OF SUBJECT TERRITORY TO OCWD
1.1 Subject to Applicant having paid all costs for which it is responsible under the
July 21, 2010 "Memorandum of Understanding between Orange County Water District,
City of Anaheim, Yorba Linda Water District and Irvine Ranch Water District Regarding
Processing and Consideration of Annexation Requests and Associated CEQA
Documentation" (the "MOU "), OCWD shall, within three (3) months from the Effective
Date, initiate proceedings under the Cortese- Knox - Hertzberg Local Government
Reorganization Act of 2000, Government Code Section 66000, et sea ., and support the
annexation to OCWD of the Subject Territory (the "Annexation ") upon the conditions
hereinafter set forth.
1.2 Applicant shall cooperate with OCWD and use its best efforts to support the
Annexation in accordance with the terms and conditions of this Agreement. Applicant
shall, prior to or concurrently with OCWD's filing of the Annexation application with
LAFCO, adopt and file with LAFCO a resolution of its governing board supporting the
Annexation. Applicant further shall support the conditioning of the Annexation by the
LAFCO on the performance of the terms and conditions of this Agreement. Applicant
shall execute such documents and take such other actions to support and facilitate the
processing of the Annexation and the imposition by LAFCO of Applicant's performance
of this Agreement as a condition of the Annexation, as may reasonably be requested by
OCWD.
1.3 Applicant shall be solely responsible for (a) all direct costs, CEQA mitigation
measures and fees imposed or required by any governmental body or agency having
jurisdiction over the processing and completion of the Annexation, and (b) any
Annexation processing fees and the cost of preparing any legal descriptions, boundary
surveys or maps required for the processing and completion of such Annexation. In the
event that OCWD, as the agency initiating the Annexation, is required by LAFCO to pay
any such fees or costs, Applicant shall, within thirty (30) days of written notice from
OCWD, reimburse such fees and costs to OCWD. In the event that the Annexation is
not approved by LAFCO or the Subject Territory is for any reason not included within
the boundaries of OCWD, Applicant's obligation herein to pay all direct costs actually
incurred by or due from OCWD in connection with the initiation and processing of the
Annexation shall remain in full force and effect and Applicant shall pay or cause to be
paid all such direct costs whether or not the Subject Territory is included within OCWD.
1.4 Upon the completion of the Annexation (as defined in paragraph 2.3 below), the
Subject Territory shall be subject to all of the provisions of the OCWD Act and all of the
rules, regulations, policies and requirements adopted or promulgated by OCWD and its
Board of Directors.
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SECTION TiNO: DETERMINATION AND PAYMENT OF ANNUAL ANNEXATION
CH ARGE
2.1 For and during the term of this Agreement, Applicant shall pay to OCWD an
annual "Annexation Charge" computed and calculated pursuant to the following formula:
X = A x B x (CID) x E (hereinafter, the "Annexation Charge Formula "), subject to
adjustment in accordance with paragraph 2.6 below. Should any portion of the Subject
Territory at any time become the actual service area of any water retailer other than
Applicant it will be the responsibility of Applicant to either (a) make the reports and
payments of the Annexation Charge as set forth in paragraphs 2.3 and 2.4 below for
said portion of Subject Territory or (b) initiate and execute a fee shift agreement with the
successor water agency, incorporating all of the terms and conditions of this Annexation
Agreement and containing the approval and acknowledgment of said fee shift
agreement by OCWD.
2.2 For purposes of computing the Annexation Charge Formula in paragraph 2.1
hereinabove:
X The term "X" shall mean the annual Annexation Charge to be paid by
Applicant to OCWD.
A The term "A" shall mean the Basin Production Percentage established by
OCWD during the applicable Water Year pursuant to Section 31.5(d) of
the OCWD Act. The term "applicable Water Year," as it relates to the
Annexation Charge Report and this Agreement, is defined as the fiscal
year (July 1 st to June 30) immediately preceding the date on which the
Annexation Charge Report is due pursuant to paragraph 2.3 below.
B The term "B" shall mean the greater of either (i) the total water demand
within the Subject Territory during the applicable Water Year; or (ii) an
amount equal to ten (10 %) of the ultimate annual total water demand
within the Subject Territory, as determined annually by OCWD. As used in
this Agreement, "total water demand" shall exclude the water demand
served by reclaimed wastewater delivered through Applicant's non -
potable Title 22 reclaimed water distribution system.
C The term "C" shall mean the total ad valorem property tax revenues
collected by OCWD as disbursed by the County of Orange, plus
annexation fees paid to OCWD for lands other than the Subject Territory,
plus any pass - through tax increments received from Redevelopment
Agencies within OCWD, during the applicable Water Year. Paragraph 2.6
provides for a minimum amount for term "C ".
D The term "D" shall mean the total quantity of groundwater produced
within the boundaries of OCWD during the applicable Water Year,
including in -lieu water deliveries.
E For this Agreement the term "E" shall always equal 100 %.
2.3 Applicant shall file with OCWD, on or before the 15th day of December of each
year after the date of recordation of the "certificate of completion" with respect to the
Annexation (the "Annexation Completion Date "), an "Annexation Charge Report" in the
form set forth in Exhibit C hereto for the applicable Water Year, setting forth the greater
of either (a) the total water demand within the Subject Territory within the preceding
Water Year, or (b) ten percent (10 %) of the ultimate annual total water demand within
the Subject Territory. The Annexation Charge Report shall be verified by a written
declaration executed under penalty of perjury. Upon reasonable notice, OCWD shall
have the right to inspect any and all books, records, and other writings of Applicant
pertaining to the data contained in any Annexation Charge Report filed or to be filed by
Applicant.
2.4 On or before the 31' day of January of each year after the Annexation
Completion Date, Applicant shall pay to OCWD the annual Annexation Charge for the
applicable Water Year, based upon the formula set forth in paragraphs 2.2 and 2.3
above and the data contained in the Annexation Charge Report covering that Water
Year. Exhibit D attached hereto provides an example of the Annexation Charge
calculation that would have been paid by Applicant to OCWD for water year 2011 -12.
2.5 If Applicant shall fail to pay the full amount due as the Annual Annexation Charge
by January 31 for any applicable Water Year, OCWD shall assess a penalty charge
against Applicant in the amount of ten (10 %) of the amount delinquent as of that date
and, in addition thereto, shall charge interest on the delinquent amount at the lesser of
(a) the rate of one and one -half percent (1.5 %) or (b) the maximum legal interest rate,
for each month or fraction thereof for which the amount due remains delinquent. Should
Applicant fail to file with OCWD an Annexation Charge Report by December 15 for any
applicable Water Year, OCWD shall, in addition to assessing the penalty and charging
interest on the delinquent annual Annexation Charge as set forth hereinabove, assess
an additional penalty charge against Applicant in the amount of ten percent (10 %) of the
amount of the annual Annexation Charge found by OCWD to be due as of the
December 15 date.
2.6 In the event that OCWD should, at some future date be required by law to forego
all or a portion of OCWD's share of the ad valorem property tax revenues collected from
property within the boundaries of OCWD, applicant agrees that the value assigned to
"C" in the Annexation Charge Formula, shall be the greater of (a) the actual ad valorem
property tax revenues collected, or (b) $19 million. This provision of the Annexation
Agreement establishing $19 million as the minimum amount for Term "C" in the
Annexation Charge Formula shall expire on the date that is 56 years after the Effective
Date.
2.7 The performance of Applicant's obligations to timely file annual Annexation
Change Reports and pay annual Annexation Charges under this Agreement is
conditioned upon the annexation of the Subject Territory to OCWD. In the event that the
Subject Territory is for any reason not annexed to OCWD, Applicant shall have no
obligation to file annual Annexation Charge Reports or pay Annexation Charges as set
4
forth hereinabove, and shall have no right to serve groundwater to the lands, residents,
or water users within the Subject Territory.
2.8 The methodology for calculating the total water demands within the annexing
territory is provided on Exhibit E.
SECTION THREE: MISCELLANEOUS
3.1 All notices, payments, transmittals of documentation and other writings required
or permitted to be delivered or transmitted to any of the parties hereto under this
Agreement shall be personally served or deposited in a United States mail depository,
first class postage prepaid, and addressed. as follows:
If to OCWD: Orange County Water District
P.O. Box 8300
Fountain Valley, CA 92728 -8300
Attention: General Manager
If to Applicant: City of Anaheim
201 South Anaheim Blvd
Suite 1101
Anaheim, CA 92805
Attention: Public Utilities General Manager
or such other address as OCWD or Applicant shall direct in writing. Service of any
instrument or writing by mail shall be deemed complete forty -eight (48) hours , after
deposit in a United Stated mail depository.
3.2 OCWD and Applicant mutually agree that the terms of this Agreement, or a
general description of the terms thereof, may be set forth in any ordinance, resolution,
or legislation adopted by OCWD, LAFCO or any other agency to implement the
Annexation of the Subject Territory to OCWD pursuant to paragraph 1.1 hereinabove.
3.3 Except as set forth in paragraph 1.3 above and paragraph 3.5 below, this
Agreement shall have no force or effect if any of the following occur. (a) LAFCO
determines not to approve the Annexation; (b) LAFCO approves the Annexation under
terms and conditions substantially different from or in conflict with this Agreement; or (c)
a court of competent jurisdiction issues a final, non - appealable order, judgment, ruling
or decree invalidating the Annexation or directing that the Subject Territory may not be
annexed to OCWD.
3.4 Subject to Section 3.3 the term of this Agreement shall commence on the
Effective Date and continue through the annexation process and continue thereafter so
long as the Subject Territory is included within the boundaries of OCWD.
3.5 Notwithstanding any other agreement or understanding between Applicant and
OCWD (including but not limited to the MOU), in the event any person files a court
action or proceeding challenging OCWD's decision to approve this Agreement or
initiate the Annexation, or OCWD's decision to certify an Environmental Impact Report
4�
or adopt findings or a mitigation monitoring and reporting program under the California
Environmental Quality Act, Public Resources Code Section 21000, et seq. ("CEQA °) in
connection with such decisions (a "Challenge "), Applicant shall defend, indemnify and
hold OCWD harmless against any such Challenge, and pay all of the costs incurred by
OCWD In defending against such Challenge, including attorneys fees, costs and
expenses in defending such Challenge, court costs, and any costs or fees that may be
awarded by the court against OCWD in such action or proceeding. Applicant shall
cooperate and provide any assistance reasonably requested by OCWD in defending
against any such Challenge. Notwithstanding the foregoing, Applicant may at its own
cost defend its interests in any such Challenge, and /or intervene as a party in such
Challenge to defend its interests. In the event that Applicant intervenes or otherwise
directly participates in the defending against any Challenge, OCWD, Applicant and any
other governmental agency for which OCWD has initiated an annexation application in
conjunction with the Annexation shall cooperate in good faith with each other In the
defense of the Challenge.
3.6 This Agreement shall be construed according to its plain meaning and as if
prepared by all parties hereto. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
3.7 This Agreement represents the entire understanding of OCWD and Applicant as
to those matters contained herein. No prior oral or written understanding shall be of any
force or effect with respect to those matters covered by this Agreement. This
Agreement may not be modified, altered, or amended except in writing by the parties
hereto.
3.8 All of the terms, conditions, and provisions of this Agreement shall inure to the
benefit of, and be binding upon, OCWD and Applicant and their respective successors
and assigns.
3.9 In partial consideration for OCWD's initiation of the Annexation, for a period of
ten years from and after the Effective Date, Applicant shall not either initiate the
annexation to OCWD of any lands outside the boundaries of OCWD and outside of the
Subject Territory (the "Extraterritorial Lands), or request that OCWD initiate
proceedings to annex any of the Extraterritorial Lands. OCWD shall not consider any
future annexation request from the Applicant for any of the Extraterritorial Lands for ten
years from the Effective Date assuming LAFCO has approved annexation of the
Subject Territory. Applicant shall not produce groundwater from, or serve or deliver
groundwater produced from the Basin to, either: (a) any of the Subject Territory until the
Annexation is approved and completed, or (b) any of the Extraterritorial Lands for a
period of ten years after the Effective Date.
3.10 In partial consideration for OCWD initiating the Annexation, Applicant agrees, for a
period of fifty years from the Effective Date, to continue sending all sewage flows
generated from the Subject Territory, or an equivalent flow, to the Orange County
Sanitation District treatment facilities.
3.11 Notwithstanding any other provision of this agreement, Applicant agrees that the
additional water demands brought into OCWD with the approval of this agreement shall
6
not be included in Applicants annual filing to OCWD of the Basin Equity Assessment
Report for five years from Effective Date.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
APPROVED AS TO FORM
By:
General Counsel for
Orange County Water District
APPROVED AS TO FORM
MICHAEL R.W. HOUSTON,
CITY ATTORNEY
ORANGE COUNTY WATER DISTRICT
President
General Manager
APPLICANT
By:
Daniel A. Bailin, Deputy City Attorney
Public Utilities General
Manager
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EXHIBIT A
Description of Subject Territory
[ATTACHED BEHIND THIS PAGE]
9
EXHIBIT A
LEGAL DESCRIPTION
FOR SUBJECT TERRITORY
PARCEL 1:
ALL THAT PORTION OF BLOCKS 28 AND 29 OF IRVINE COMPANY'S SUBDIVISION, AS
SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING SOUTHERLY OF THE COMPROMISE
LINE BETWEEN LANDS OF IRVINE AND BIXBY, AS ESTABLISHED BY BOUNDARY LINE
AGREEMENT DATED AUGUST 31, 1897 AND RECORDED NOVEMBER 16, 1897 IN BOOK 35,
PAGE 219 OF DEEDS., AND AS SHOWN ON A MAP FILED IN BOOK 1, PAGE 37 OF RECORD OF
SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA, AND LYING EASTERLY OF THE COMPROMISE LINE AS SHOWN ON A MAP
FILED IN BOOK 2, PAGE 5 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE SOUTHERLY LINE
OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED JULY
24, 1951 IN BOOK 2208, PAGE 13 8 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE SOUTHERLY
LINE OF THE LAND DESCRIBED IN PARCEL 1 (46540 -1) IN THE DEED TO THE STATE OF
CALIFORNIA, RECORDED MARCH 8, 1971 IN BOOK 9563, PAGE 744 OF SAID OFFICIAL
RECORDS.
PARCEL 2:
THAT PORTION OF BLOCK 30 OF IRVINE COMPANY'S SUBDIVISION, AS SHOWN ON A MAP
RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE
LAND DESCRIBED IN THE DEEDS TO THE STATE OF CALIFORNIA, RECORDED JULY 24,
1951 IN BOOK 2208, PAGE 138 OF OFFICIAL RECORDS; RECORDED JUNE 23, 1936 IN BOOK
832, PAGE 210 OF OFFICIAL RECORDS; AND RECORDED MARCH 8, 1971 IN BOOK 9563,
PAGE 744 OF OFFICIAL RECORDS.
PARCEL 3:
THAT PORTION OF BLOCK 27 OF IRVINE COMPANY'S SUBDIVISION, AS SHOWN ON A MAP
RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, LYING WITHIN PARCEL, 2 AS DESCRIBED IN THAT
CERTAIN LOT LINE ADJUSTMENT NO. LL 85-22 RECORDED AUGUST 15, 1985 AS
INSTRUMENT NO. 85-304375 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY AND EASTERLY OF THE
GENERAL SOUTHERLY LINE OF THE CITY OF ANAHEIM, AS SAID LINE EXISTED ON
FEBRUARY 8, 2001.
M- Mappin&8M2TSMTWCWD AnnexW87102 OCWD Annex.doc
81262013 Page l of 4
PARCEL 4:
BLOCKS 23 AND 26 OF IRVINE COMPANY'S SUBDIVISION, AS SHOWN ON A MAP
RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY AND EASTERLY OF THE
GENERAL SOUTHERLY AND EASTERLY LINE OF THE CITY OF ANAHEIM, AS SAID LINE
EXISTED ON FEBRUARY 8, 2001.
PARCEL S:
PARCEL 2, AS SHOWN ON THE PLAT ATTACHED TO LOT LINE ADJUSTMENT NO. 388
RECORDED SEPTEMBER 14, 1998 AS INSTRUMENT NO. 1998 -0613443 OF OFFICIAL
RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY AND WESTERLY OF THE
GENERAL SOUTHERLY LINE OF THE CITY OF ANAHEIM, AS SAID LINE EXISTED ON
FEBRUARY 8, 2001.
PARCEL 6:
BLOCK 25 OF IRVINE COMPANY'S SUBDIVISION, AS SHOWN ON A MAP RECORDED IN
BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
EXCEPT THEREFROM PARCEL 2, AS SHOWN ON THE PLAT ATTACHED TO LOT LINE
ADJUSTMENT NO. 388 RECORDED SEPTEMBER 14, 1998 AS INSTRUMENT NO. 1998 - 0613443
OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY AND WESTERLY OF THE
GENERAL SOUTHERLY LINE OF THE CITY OF ANAHEIM., AS SAID LINE EXISTED ON
FEBRUARY 8, 2001.
PARCEL 7:
PARCEL 3, AS SHOWN ON EXHIBIT "B" ATTACHED TO LOT LINE ADJUSTMENT LL 99. -019
RECORDED OCTOBER 18, 1999 AS INSTRUMENT NO. 1999 -0732241 OF OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY AND EASTERLY OF
THE GENERAL SOUTHERLY AND EASTERLY LINE OF THE CITY OF ANAHEIM, AS SAID
LINE EXISTED ON FEBRUARY 8, 2001
M : Annex148702 OCWD Annex.doc
806/2013 Page 2 of 4
PARCEL 8:
PARCEL I OF PARCEL MAP NO. 94 -203 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA PER MAP FILED IN BOOK 290 PAGES 27 AND 28 OF PARCEL MAPS
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
MAMappingW871021ESMTSIOCWD Annex148702 OCWD Annex.doc
8/26/2013 Page 3 of 4
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EXHIBIT B
Boundaries of the Subject Territory and Relevant portions of OCWD
[ATTACHED BEHIND THIS PAGE]
Exhibit B
Boundaries of Subject Territory, Anaheim,
and Relevant Portions of OCWD
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® Subject Territory
Le...! Anaheim City Boundary
OCWD Boundary
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EXHIBIT C
Annexation Charge Report
To be completed and submitted to OCWD no later than December 15, 20_ with payment due no later than January
15,20
The Annexation Charge Formula = A x B x 01) x E for Water Year 20.20
A. THE BASIN PRODUCTION PERCENTAGE ESTABLISHED
BY OCWD DURING THE WATER YEAR.
Basin Production Percentage A=
B. THE GREATER OF EITHER (1) CURRENT YEAR TOTAL WATER
DEMAND WITHIN THE ANNEXED AREA OR (2) 10% OF THE ULTIMATE
ANNUAL TOTAL WATER DEMAND WITHIN THE ANNEXED AREA.
"TOTAL WATER DEMAND" SHALL EXCLUDE WATER DEMAND
SERVED THROUGH APPLICANT'S NONPOTABLE WATER DISTRIBUTION
SYSTEM.
1. Current year total water demand within Annexed Area AF
2. Or 10% of the ultimate annual total water demand within Annexed Area AF
3. The greater of line 1 or 2 B = AF
C. THE GREATER OF (1) TOTAL AD VALOREM PROPERTY TAX REVENUES,
ANNEXATION FEES, PLUS THE REDEVELOPMENT PASS -
THROUGH TAX INCREMENTS RECEIVED BY OCWD DURING
THE PRECEDING FISCAL YEAR OR, (2) $19 MILLION. This provision of the
Annexation Agreement shall expire in 56 years fiom the date of the agreement
D. THE TOTAL QUANTITY OF GROUNDWATER PRODUCED WITHN C =$
THE BOUNDARIES OF OCWD. "GROUNDWATER PRODUCED" SHALL
INCLUDE IN-LIEU WATER DELIVERIES.
D = AF
E. THE APPLICABLE PERCENTAGE, BASED UPON THE PERCENTAGE
OF GROUNDWATER PRODUCED WITHIN THE TOTAL SERVICE
AREA OF THE APPLICANT BASED ON TABLE 1. E
(assumed to be 100 5 /9 for the life of this Agreement).
Calculation of Total Annexation Charge due to OC%M
(A)_ °i° x (B) x $ rCmj- x 10 ° _ $
DATE SIGNATURE
ANNEXATION CHARGE TABLE 1
Percent Groundwater
Used Within Service
Applicable
Area of Annexing P,_ urveyor
Percentage
0% - 5.99%
10 0 /0
6.0% - 9.99%
16%
10.0% - 14.99%
25 %
15.0 % - 19.99%
30%
20.0% - 24.99%
40%
25.0% - 29.99%
48%
30.0% - 34.99%
55%
35.0% - 39.99%
64%
40.0% - 44.99%
72%
45.0% - 49.99%
80%
50.0% - 100.00%
100%
Percentage shall always be 100%
�.1 1
Annexation Charge Sample Calculation
To be completed and submitted to OCWD no later than December 15, 2012 with payment due no later than January
15, 20. 2
The Annexation Charge Formula = A x B x C/D x E for Water Year 20.U-2012
A. THE BASIN PRODUCTION PERCENTAGE'ESTABLISHED
BY OCWD DURING THE WATER YEAR.
Basin Production Percentage A 65
B. THE GREATER OF EITHER (1) CURRENT YEAR TOTAL WATER
DEMAND WITHIN THE ANNEXED AREA OR (2) 10% OF THE ULTIMATE
ANNUAL TOTAL WATER DEMAND WITHIN THE ANNEXED AREA.
"TOTAL WATER DEMAND" SHALL EXCLUDE WATER DEMAND
SERVED THROUGH APPLICANT'S NONPOTABLE WATER DISTRIBUTION
SYSTEM.
1. Current year total water demand within Annexed Area
2.470 AF
2. Or 10% of the ultimate annual total water demand within Annexed Area
AF
3. The greater of line 1 or 2 B
= 470 AF
C. THE GREATER OF (l) TOTAL AD VALOREM PROPERTY TAX REVENUES,
ANNEXATION FEES, PLUS THE REDEVELOPMENT PASS -
THROUGH TAX INCREMENTS RECEIVED BY OCWD DURING
THE PRECEDING FISCAL YEAR OR; (2) $19 MILLION. This provision of the
Annexation Agreement shall expire in 56 years from the date of the agreement
C
= $ 20.335.633
D. THE TOTAL QUANTITY OF GROUNDWATER PRODUCED WITHIN
THE BOUNDARIES OF OCWD. "GROUNDWATER PRODUCED" SHALL
INCLUDE IN-LIEU WATER DELIVERIES.
D
= 29__ 8,317 AF
E. THE APPLICABLE PERCENTAGE, BASED UPON THE PERCENTAGE
OF GROUNDWATER PRODUCED WITHIN THE TOTAL SERVICE
AREA OF THE APPLICANT BASED ON TABLE 1. E
= 100 %
(assumed to be 100% for the life of this Agreement).
Calculation of Total Annexadoln Charge due to OCWD
65% x 2,470 x ($20,335,6331280,558.9) x 100% =
$109,443
DATE SIGNATURE
EXHIBIT D (PAGE 2)
Annexation Charge Report
A1ITNEXATION CHARGE TABLE 1
Percent Groundwater
Used Within Service Applicable
Area of Annexing,Purvevor Percentaee
0%
- 5.99%
10%
6.0% - 9.99%
16%
10.0%
- 14.99%
25%
15.0%
- 19.99%
30%
20.0%
- 24.99%
40%
25.0%
- 29.99%
48%
30.0%
- 34.99%
55%
35.0%
- 39.99%
64%
40.0%
- 44.99%
72%
45.0%
- 49.99%
80%
50.0%
- 100.000/0
100%
Percentage shall always be 100%
EXHIBIT E
Methodology for Calculating Total Water Demands within Annexing Area
[ATTACHED BEHIND THIS PAGE)
EXHIBIT E
C#tv of AUb"XMI And Wster De "d to QCWD
= Mountain Perk Development + Robertson's Development
2,379 AFY + 91 AFY
= 10 Acre -Feet uer Year
Demand Estimate for Robertson's Readv Mix Parept