HomeMy WebLinkAboutC-2570 - City of Newport Beach Annexation to Orange County Water DistrictCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
TO: FINANCE DIRECTOR
FROM: CITY CLERK
(714) 644 -3005
DATE: January 31, 1989
SUBJECT: Contract No. C -2570
Description of Contract Amendment to City's Annexation
Agreement to Orange County Water District
Effective date of Contract November 9, 1988
Authorized by Minute Action, approved on January 9, 1989
Contract with Orange County Water District
Address P.O. "Box 8300
Fountain Valley, CA 92728 -8300
Amount of Contract (See Agreement)
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Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
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TO:
From:
SUBJECT:
CITY is ;, ,dr'u,T BEACI
JAN 9 1988
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January 9, 1989
CITY COUNCIL AGENDA
ITEM NO. F -tea )
MAYOR STRAUSS AND MEMBERS OF THE CITY COUNCIL
Utilities Director
PROPOSED AMENDMENT TO CITY'S ANNEXATION
AGREEMENT TO ORANGE COUNTY WATER DISTRICT
RECOMMENDATION:
Approve the amendment to the annexation agreement to allow the district
an additional two months to compute the annexation fee.
Background:
In August 1986, the City Council approved an annexation agreement with the
Orange County Water District. Under the terms of this annexation, the City
of Newport Beach became a member of the district with the right to draw
water from the underground water basin. The annexation agreement set
forth a timetable for computation and payment of an annual fee for
membership in the district. Experience has shown that the timetable does not
provide sufficient time for the District to obtain all the necessary figures to
make the required calculations in a manner that is adequate for normal
business practices.
The agreement also set forth conditions and charges for late payments. These
have been clarified and made to conform with normal business practice.
Funds for the City's annual payment have been reserved in the current
Water Division budget.
The Water Committee reviewed this amendment at its meeting on December
27, 1988 and recommend its approval.
Respectfully submitted,
Robert J. Dixon
Utilities Director
E
AMENDMENT TO ANNEXATION AGREEMENT
C z57C
This amendment entered into as of November 9, 1988, by and between the Orange County
Water District (hereinafter, "OCWD ") and the City of Newport Beach (hereinafter, "CITY ").
RECITALS
WHEREAS, OCWD and CITY entered into an agreement dated August 20, 1986 (also
known as Annexation 86 -1) to annex approximately 8863 acres to OCWD; and
WHEREAS, Section Three of said agreement provides for the reporting and payment of
an annual annexation charge to OCWD; and
WHEREAS, it is mutually agreed that the timing required for said report and its payment
is not adequate for normal business practice to remit said payment.
NOW THEREFORE, in consideration of the matters set forth in the foregoing recitals and
the terms, covenants and conditions hereinafter contained, the parties do hereby agree as
follows:
1. Paragraphs 3.1, 3.2 and 3.3 of SECTION THREE: PAYMENT OF ANNUAL
ANNEXATION CHARGE shall be amended as follows:
3.1 CITY shall file with OCWD, on or before the 15th day of December of each
year after the effective date of the inclusion of the Subject Territory within the boundaries
of OCWD, an "Annexation Charge Report" in the form set forth in Exhibit "C" hereto,
setting forth (a) the greater of either the total water demand within the Subject Territory
within the preceding water year, or ten percent (10 %) of the ultimate annual total water
demand within the Subject Territory; and (b) the percentage of groundwater produced and
used within service area of CITY during the preceding water year. The water year shall
be measured from the first day of July of each year to the 30th day of June of each
succeeding year. The Annexation Charge Report shall be verified by a written declaration
executed under penalty of perjury. OCWD shall have the right, upon forty -eight (48) hours
notice to CITY, to inspect any and all books, records and other writings pertaining to the
data contained in any Annexation Charge Report filed or to be filed by CITY.
3.2 On or before the 31st day of January of each year, CITY shall pay to OCWD
the annual Annexation Charge for the preceding water year, based upon the formula set
forth in Section Two hereinabove and the date contained in the Annexation Charge Report
covering that water year. CITY deposits all revenues received from CITY's operation of
its water utility system in a fund separate from CITY's general fund and other funds, and
the parties mutually recognize that CITY's ability to make timely payments of the Annual
Annexation Charge may be inhibited by the funds available from the revenues deposited
in the CITY's water utility fund; however, the CITY's allocation of revenues to its water
utility, general and other funds shall not affect the provisions of paragraph 3.3 hereinbelow.
3.3 I£ CITY shall fail to pay the full amount due as the Annual Annexation Charge
by January 31 for any preceding water year, OCWD shall assess a penalty charge against
CITY in the amount of ten percent (10 %) of the amount delinquent as of that date and,
in addition thereto, shall charge interest on the delinquent amount at the rate of one and
one -half percent (1.5 %) each month or fraction thereof for which the amount due remains
delinquent. Should CITY fail to file with OCWD an Annexation Charge Report by
December 15 for any preceding 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 CITY 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. Each and every other term, covenant and condition of said Agreement not listed
herein and expressly modified is hereby ratified and confirmed and shall remain in full force
and effect.
IN WITNESS WHEREOF the parties hereto have executed this Amendment as of the day
and year first hereinabove written.
APPROVED AS TO FORM: ORANGE COUNTY WATER DISTRICT
RUTAN & TUCKER
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)un el for ORANGE 4Yresident
WATER DISTRICT
By ,
Di aVict Secretary
APPROVED AS TO FORM:
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.. ► Ar�,City Attorney
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AmndAgr:mjm /rev- 01/23/89
CITY OF NEWPORT BEACH
Directors
PHILIP L. ANTHONY
KATHRYN L. BARR
JOHN V. FONLEY
JOHN GARTHE
DONN HALL
LAWRENCE P. KRAEMER JR.
AUGUST F LENAIN
GEORGE OSBORNE
LANGDON W. OWEN
NOBLE J. WAITE
January 24, 1989
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ORANGE COUNTY WATER DISTRICT
City of Newport Beach
Post Office Box 1768
Newport Beach, CA 92658 -8915
Attention Mr. Robert J. Dixon, Director of Utilities
Annexation 86 -1
Officers
LAWRENCE P. KRAEMER JR.
President
KATHRYN L. BARR
First Vice President
LANGDON W. OWEN
Second Vice President
WILLIAM R. MILLS JR.
General Manager
MARY E. JOHNSON
District Secretary
Enclosed are three copies, executed on behalf of this District, of Amendment to
Annexation Agreement for the referenced City of Newport Beach annexation to OCWD.
Upon execution by the City, please return one fully executed copy to this office.
Very truly yours,
�r
Mar}> E. ohnson
District Secretary/
Director of Administration
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Enclosures
MAILING ADDRESS: P.O. BOX 9300 10500 ELLIS AVENUE, FOUNTAIN VALLEY
FOUNTAIN VALLEY, CA 92728.9300 TELEPHONE (714) 963 -5661
FAX (714) 963 -7472
s
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
TO: FINANCE DIRECTOR
Utilities Department
FROM: CITY CLERK
DATE: September 4, 1986
(714) 644 -3005
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SUBJECT: Contract No. C -2570
Description of Contract Agreement between Orange County Water
District and the City of Newport Beach regarding Annexation to
Orange County Water District
Effective date of Contract August 20, 1986
Authorized by Minute Action, approved on May 12, 1986
Contract with Orange County Water District
Address P.O. Box 8300
Fountain Valley CA 92728 -8300
Amount of Contract (See Agreement)
(�L/GL %jyG�l�G�
6e ietzet
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
• y 12, 1986
TY COUNCI AGEN4A
3(Tr
T0: CITY COUNCIL ITEM NO.
FROM: Utilities Director
SUBJECT: ANNEXATION TO ORANGE COUNTY WATER DISTRICT % G
RECOMMENDATION: Approve agreement between the City of Newport Beach and
the Orange County Water District.
DISCUSSION:
The Orange County Water District (OCWD) was created for the
purpose of protecting and managing the Orange County Groundwater Basin.
Currently about 1,165 acres (13 %) of the City is within the District
Boundaries of OCWD.
The City desires to annex the entire City to OCWD in order to
provide a partial backup water supply of groundwater and to prevent the
potential for unlawful exportation to lands outside the OCWD boundaries.
If the annexation is approved the City would pay the annual
annexation charge set forth in Section Two of the attached agreement. The
annexation charge will be based on the following formula:
X = Annexation Charge
A = Basin Production Percentage established by OCWD.
B = The greater of either (a) the total water damand within the
newly annexed area during the current year; or (b) an amount
equal to 10% of the ultimate annual water demand within the
newly annexed area.
C = The total Ad Valorem property tax revenues collected by OCWD,
plus annexation fees, plus the pass- through tax increments
received from redevelopment agencies.
D = Total quantity of groundwater produced within the boundaries
of OCWD.
E = The applicable percentage based upon the percentage of
groundwater produced and used within the service area of
the City, based upon the following table:
Percent
Groundwater Used
Applicable
Within
Service Area of City
Percentage
0
- 5.99
10%
6.0
- 9.99
16%
10.0
- 14.99
25%
15.0
- 19.99
30 %1li` i =; N n},l' i9T 5E�1Cb�
20.0
- 24.99
40%
25.0
- 29.99
48%
30.0
- 34.99
55% MAY 12 '1986
35.0
- 39.99
64%
40.0
- 44.99
72% APPROVED
45.0
- 49.99
_
80%
50.0
- 100.00
100%
Annexation to Orangeounty Water District •
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Sample Calculations
Assumption:
A = .0.70
B = 18,000 acre feet
C = $18.00
D
E = From Table
1. Annexation charge if no basin water is used.
X= A x B x � x E
D
= 0.70 x 18,000 x 18.00 x 10%
= $22,680
2. Annexation charge if 3,000 Acre -Foot is used.
( 3,000 = 0.15)
(20,000
X= AxBxpxE
= 0.70 x 18,000 x 18.00 x 30%
= $68,040
Cost per A.F. = $68,000 = $22.67/A.F.
3,000
3. Annexation charge if 10,000 Acre -Foot is used.
(10,000 = 0.50)
(20,000
X= AxBxpxE
= 0.70 x 18,000 x 18.00 x 1.00
= $226,800
Cost per A.F. = $226,800 = $22.68
10,000
The average Ad Valorem paid throughout the District is approx-
imately $18.00 per acre foot. Should the District, at some future date,
forego the Ad Valorem Tax the annexation charge will cease.
The City will be responsible for all direct fees in connextion
with the processing and completion of the annexation. The agreement has been
reviewed by the Water Committee and the City Attorney.
i
.Joseph Devlin
Utilit' s Director
D:hh
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AGREEMENT BETWEEN ORANGE COUNTY WATER DISTRICT AND
THE CITY OF NEWPORT BEACH REGARDING ANNEXATION TO
ORANGE COUNTY WATER DISTRICT
c - 2s-70
THIS AGREEMENT, entered into as of August 20, 1986 ,
1986, by and between the ORANGE COUNTY WATER DISTRICT
(hereinafter, "OCWD ") and the CITY OF NEWPORT BEACH (hereinafter,
"CITY ").
RECITALS
A. OCWD was created by special act of the California
Legislature (Ch. 924, Stats. 1933, as amended) for the purpose of
protecting and managing the Orange County groundwater basin. The
OCWD Act empowers OCWD to manage the groundwater basin and to
provide for 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, and include a significant portion of the
lands within the boundaries of CITY.
B. CITY is a chartered municipal corporation whose
boundaries are located within the County of Orange, State of
California. Currently about 1,165 acres of the lands within the
boundaries of CITY are within the boundaries of OCWD. The CITY
(smaller area than current size) was originally in OCWD when it
was formed in 1933 but deannexed in 1950 due to loss of City
wells to seawater intrusion. Most of the area currently within
OCWD is served water by Mesa Consolidated Water District or Santa
Ana Heights Water Company.
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C. CITY is within the boundaries of The Metropolitan Water
District of Southern California (hereinafter, "MWD "), and
provides retail water service to the residents and water users
within its municipal boundaries. In order to provide such retail
water service, CITY purchases water from MWD through the Coastal
Municipal Water District (hereinafter, "CMWD "), and currently
produces no groundwater from the Orange County groundwater basin
managed and regulated by OCWD.
D. Approximately 8863 acres of land within the boundaries
of CITY, (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 ") is
within the adopted sphere of influence, but not currently within
the boundaries, of OCWD. A plat showing the boundaries of the
Subject Territory, CITY, and relevant portions of OCWD is
attached hereto as Exhibit "B ".
E. CITY desires to annex the Subject Territory to OCWD in
order to provide a partial backup water supply of groundwater and
to prevent the potential for unlawful exportation to lands
outside the OCWD boundaries of groundwater produced from the
Orange County groundwater basin, and 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. Sections 50, 54 and 55 of the OCWD Act authorize OCWD to
impose upon lands proposed to be annexed such reasonable terms
and conditions as OCWD determines just.
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G. CITY desires to enter into this Agreement with OCWD, and
further to pay the annual Annexation Charge set forth in Section
Two hereinbelow, in order that the Subject Territory may be
annexed to OCWD and receive the benefits set forth in the OCWD
Act accruing to lands within the boundaries of OCWD.
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 LANDS TO OCWD
1.1 OCWD shall, within six months from the date of this
Agreement, sponsor legislation to amend Section 1 of the
jurisdictional boundaries of OCWD or initiate proceedings under
the District Reorganization Act of 1965, Government Code Section
56000, et seq., and support the annexation to OCWD of the Subject
Territory upon the conditions hereinafter set forth.
1.2 CITY shall be solely responsible for (a) all direct
costs and fees imposed or required by any governmental body or
agency having jurisdiction over the processing and completion of
the annexation of the subject territory to OCWD, and (b)
preparing any legal descriptions, boundary surveys or maps
required for the processing and completion of such annexation.
SECTION TWO: DETERMINATION OF ANNUAL ANNEXATION CHARGE
2.1 For and during the term of this Agreement, CITY shall
pay to OCWD an annual "Annexation Charge" computed and calculated
pursuant to the following formula: X= A x B x (C /D) x E
(hereinafter, the "Annexation Charge Formula "). Should any
-3-
portion of Subject Territory at any time become the actual
service area of any water retailer other than CITY it will be the
responsibility of CITY to either (a) make the reports and
payments of the annexation charge as set forth in Section Three
of this Agreement for said portion of Subject Territory or (b)
initiate and execute a fee shift agreement with the incoming
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:
(a) The term "X" shall mean the annual Annexation Charge
to be paid by City to OCWD.
(b) The term "A" shall mean the basin production percentage
established by OCWD during the current water year
pursuant to Section 31.5(d) of the OCWD Act.
(c) The term "B" shall mean the greater of either (a) the
total water demand within the Subject Territory during
the current water year; or (b) an amount equal to ten
percent (10 %) of the ultimate annual water demand
within the Subject Territory, as determined annually by
OCWD.
(d) 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,
plus the pass- through tax increments received from
Redevelopment Agencies within OCWD, during the
preceding fiscal year (March 1 - February 28)."
(e) The term "D" shall mean the total quantity of
groundwater produced within the boundaries of OCWD
during the preceding water year.
(f) The term "E" shall mean the applicable percentage based
upon the percentage of groundwater produced and used
within the service area of CITY during the current
water year, based upon the following table:
Percent Groundwater
Used Within Service Applicable
Area of City Percentage
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
- 100.00
100%
SECTION THREE: PAYMENT OF ANNUAL ANNEXATION CHARGE
3.1 CITY shall file with OCWD, on or before, the 31st day
of October of each year, after the annexation of subject
territory, as described in paragraph 1.1 hereinabove, including
the Subject Territory, within the boundaries of OCWD, an
"Annexation Charge Report" in the form set forth in Exhibit "C"
hereto, setting forth (a) the greater of either the total water
demand within the Subject Territory within the preceding water
year, or ten percent (10 %) of the ultimate annual total water
demand within the Subject Territory; and (b) the percentage of
groundwater produced and used within the service area of CITY
-5-
during the preceding water year. The water year shall be
measured from the first day of July of each year to the 30th day
of June of each succeeding year. The Annexation Charge Report
shall be verified by a written declaration executed under penalty
of perjury. OCWD shall have the right, upon forty -eight (48)
hours notice to CITY, to inspect any and all books, records and
other writings pertaining to the data contained in any Annexation
Charge Report filed or to be filed by CITY.
3.2 On or before the 30th day of November of each year,
CITY shall pay to OCWD the annual Annexation Charge for the
preceding water year, based upon the formula set forth in Section
Two hereinabove and the data contained in the Annexation Charge
Report covering that water year.
3.3 If CITY shall fail to pay the full amount due as the
Annual Annexation Charge by November 30 for any preceding fiscal
year, OCWD shall charge interest on the delinquent amount at the
rate of one percent (1 %) each month or fraction thereof for which
the amount due remains delinquent. Should CITY fail to file with
OCWD an Annexation Charge Report by October 31 for any preceding
water year, OCWD shall, in addition to charging interest on the
delinquent annual Annexation Charge as set forth hereinabove,
assess a penalty charge against CITY in the amount of ten percent
(10 %) of the amount of the annual Annexation Charge found by OCWD
to be due.
SECTION FOUR: CONDITIONS SUBSEQUENT
4.1 Performance of CITY's obligations to timely file annual
Annexation Charge Reports and pay annual Annexation Charges under
this Agreement is conditioned upon the inclusion of the Subject
Territory within the boundaries of OCWD. In this regard, both
OCWD and CITY shall cooperate and use their best efforts to
support the enactment of legislation to be sponsored by OCWD
pursuant to Paragraph 1.1 hereinabove, for the inclusion of the
Subject Territory within the boundaries of OCWD. In the event
that the Subject Territory cannot for any reason be included
within the boundaries of OCWD, CITY shall have no obligation to
file annual Annexation Charge Reports or pay annual Annexation
Charges as set forth hereinabove; provided, however, that the
obligation of CITY to pay all direct costs actually incurred by
OCWD in connection with the initiation and processing of such
annexation, as set forth and described in Section 1.2
hereinabove, shall remain in full force and effect.
4.2 In the event that OCWD should, at some future date,
either choose, or be required by law, to forego all ad valorem
tax revenues collected from property within the boundaries of
OCWD, then the obligation of CITY to pay the annual Annexation
Charge and file the annual Annexation Charge Report, as set forth
hereinabove, shall thereupon cease.
ION FIVE: COMPLIANCE WITH OCWD ACT AND POLICIES
Upon the completion of annexation to OCWD, 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 SIX: MISCELLANEOUS
6.1 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: Secretary Manager
If to CITY: CITY OF NEWPORT BEACH
P.O. Box 1768
Newport Beach, CA 92658 -8915
Attention: Director of Public Utilities
or such other address as OCWD or CITY 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 States
mail depository.
5.2 OCWD and CITY mutually agree that the terms of this
Agreement, or a general description of the terms thereof, may be
set forth in the legislation described in Paragraph 1.1
hereinabove.
5.3 The term of this Agreement shall be for so long as the
Subject Territory is included within the boundaries of OCWD.
5.4 This Agreement shall be constructed 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.
5.5 This Agreement represents the entire understanding of
OCWD and CITY as to those matters contained herein. No prior
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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.
5.6 All of the terms, conditions and provisions of this
Agreement shall inure to the benefit of, and be binding upon,
OCWD and CITY, and their respective successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the date first written above.
APPROVED AS TO FORM:
RUTAN & TUCKER
By
ZCc,?fts-el or
ORANGE OUNTY WATER DISTRICT
APPROVED AS TO FORM:
I
By
City Attorney,
CITY OF NEWPORT BEACH
ORANGE COUNTY WATER DISTRICT
By (�-' �;X/L— ATi&, --
` EV- sident
By AVM'A
Secretary Manager
C
Attest:
City Clerk
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NLR:A- NewBch:rev 8/15/86 bbw
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ROBERT REIN, WILLIAM FROST & ASSOCIATES
1401 Quail Street
Newport Beach, California 92660 -2748
Revised August 6, 1986
August 20, 1985
JN 23131/1_3
Page 1 of 2
LEGAL DESCRIPTION
ANNEXATION OF A PORTION OF THE CITY OF NEWPORT BEACH
AND ADJOINING TERRiTURRIES
TO THE ORANGE COUNTY WATER DISTRICT
That portion of the County of Orange, State of California, described as follows:
BEGINNING at an angle point in the existing boundary line of the Orange County
Water District as established by the legislature of the State of California,
said angle point being the intersection of the centerline of MacArthur Boulevard
with the northeasterly line of the southwesterly one -half of the southwesterly
one -half of Block 57 of Irvine's Subdivision as shown on a map recorded in Book
1, Page 88 of Miscellaneous Record Maps in the Office of the County Recorder of
said Orange County; thence in a general northerly direction along said existing
boundary line to an intersection with the northwesterly boundary line of the
City of Newport Beach as established by Ordinance No. 837, approved by the City
Council of Newport Beach on October 28, 1957; thence leaving said existing
boundary line of the Orange County Water District and southwesterly along said
northwesterly boundary line and northwesterly along the northeasterly boundary
line of the City of Newport Beach as established by Ordinance No. 748, approved
by the City Council of Newport Beach on April 25, 1955 to an intersection with
said existing boundary line of the Orange County Water District; thence leaving
said northeasterly boundary line of the City of Newport Beach and in a general
southwesterly and northwesterly direction along said existing boundary line to
the line of ordinary high -tide of the Pacific Ocean being the intersection of
said line of high -tide with the southwesterly prolongation of the southeasterly
line of Summit Street; thence continuing along said boundary line of the Orange
County Water District northwesterly and southwesterly to a point in the Pacific
Ocean distant three miles, more or less, from said line of ordinary high tide;
thence leaving said water district boundary line in a general southeasterly
direction along a line parallel with, and three miles southwesterly from, said
line of ordinary high tide to the most westerly corner of the City of Newport
Beach; thence in a general southeasterly direction along the southwesterly
boundary line of the City of Newport Beach parallel with said line of ordinary
high -tide and three miles therefrom to the southerly corner of the City of
Newport Beach as established by Resolution No. 7243, approved by the City
Council of Newport Beach on July 27, 1970; thence in a general northerly
direction along said boundary line of the City of Newport Beach as established
by said Resolution No. 7243 and as established by Ordinance No. 843, approved by
the City Council of Newport Beach on April 14, 1958; by Resolution No. 7024,
approved by the City Council of Newport Beach on July 14, 1969; by Ordinance No.
897, approved by the City Council of Newport Beach on September 28, 1959; by
Resolution No. 9208, approved by the City Council of Newport Beach on
October 25, 1977; by said Ordinance No. 897; by Ordinance No. 585, approved by
EXHIBIT "A"
0 0
Robert Bein, William Frost & Associates Rev. August 6, 1986
Annexation of a portion of the City of Newport Beach and August 20, 1986
adjoining territories to the Orange County Water District JN 23131/L3
Page 2 of 2
the City Council of Newport Beach on December 13, 1948; by Ordinance No. 896,
approved by the City Council of Newport Beach on August 18, 1959; by Resolution
No. 6203, approved by the City Council of Newport Beach on August 9, 1965; by
Resolution No. 7377, approved by the City Council of Newport Beach on
February 22, 1971; by Resolution No. 7311, approved by the City Council of
Newport Beach on November 23, 1970; by Resolution No. 8508, approved by the City
Council of Newport Beach on June 9, 1975; by said Resolution No. 7311; by
Resolution No. 6753, approved by the City Council of Newport Beach on April 22,
1968; by Resolution No. 7245, approved by the City Council of Newport Beach on
July 27, 1970; and by Ordinance No. 840, approved by the City Council of Newport
Beach on January 13, 1958 to'an intersection with said northeasterly line of the
southwesterly one -half of the southwesterly one -half of Block 57 of Irvine's
Subdivision; thence easterly along said northeasterly line to the POINT OF
BEGINNING.
CONTAINING: 23219 Acres, more or less.
EXHIBIT "B" attached and by this reference made a part hereof.
��, Z. fz�6 ,
Lawrence L. Bacon, L.S. 3527
PRODUCER
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ORANGE COUNTY WATER DISTRICT
P. 0. Box 8300
Fountain Valley, CA 92728 -8300
(714) 963 -5661 or 556 -8260
ANNEXATION CHARGE - WATER YEAR 86/87
Payment due hereunder is to be received by OCWD
no later than November 30, 1987.
Annexation Area: *
The Orange County Water District Board of Directors has determined the
1986/87 groundwater production within the District to be D* AF.
Annexation Charge Formula (A x B x C/D x E)
As reported in your 86/87 Annexation Charge Report,
A *% x B* x C * /D* x E* = $* Due 11/30/87
Enclosed is check or money order No. on for $
(bank number)
EXHIBIT "C"
AnxChg:NLR:bmc:7 /18/85 (Subject to Modification)
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
September 3, 1986
(714) 644 -3005
Mary E. Johnson, Administrative Officer
Orange County Water District
Y.O. Box 8300
Fountain Valley, CA 92728 -8300
Dear Ms. Johnson:
Enclosed please find a original Agreement between Orange County Water
District and the City of Newport Beach regarding Annexation to Orange
County Water District, which was approved by the City Council at its
May 12, 1986 meeting and was fully executed.'
Should you have any questions, please contact Joseph Devlin, Utilities
Director or this office.
Sincerely,
.Wanda E. Raggio
City Clerk
WER:pm
cc: Utilities Department
Enclosure(s)
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
UTILITIES DEPARTMENT
August 26, 1986
TO: CITY CLERK
FROM: Utilities Director
SUBJECT: ANNEXATION TO ORANGE COUNTY WATER DISTRICT
On May 12, 1986 the City Council approved the
attached agreement between the City and the Orange County
Water District. The agreement has been signed by the District
pursuant to approval by the OCWD Board of Directors at its
August 20, 1986 meeting.
Please arrange for the execution of the document
on behalf of the City, and return the fully executed original
to:
Mary E. Johnson, Administrative Officer
Orange County Water District
P. 0. Box 8300
Fountain Valley, CA 92728 -8300
The copy is for the City files.
os ph T. Devlin
(Uti ities Director
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