Reso 1252-08/2005RESOLUTION NO. 1252
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
VALLECITOS WATER DISTRICT ORDERING THE ANNEXATION
INTO SEWER IMPROVEMENT DISTRICTS 5 & 6 FOR SEWER
SERVICE OF CERTAIN PROPERTY DESIGNATED AS
APN #222-170-17 SAN MARCOS TRACT NO. 443, TRIMARK PACIFIC HOMES LP
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE VALLECITOS WATER
DISTRICT as follows:
SECTION 1: The following facts are hereby found and determined to be true:
Section 1.1: That the Vallecitos Water District owns, operates, and maintains a
sewage disposal system under and by virtue of Improvement Districts 5 & 6 of the Vallecitos
Water District.
Section 1.2: That the owners of the land described in this resolution have given
their written consent to the annexation of said lands to the improvement districts hereinafter
designated and have, in writing, requested the annexation of said lands to said improvement
districts.
Section 1.3: Thatthe owners of the land described in this resolution have advanced
to the Secretary of the Vallecitos Water District the costs of this annexation, including, but not
limited to, advertising, engineering and attorney's fees.
Section 1.4: The inclusion of said land within the designated improvement districts
will be for the best interest of the designated improvement district.
Section 1.5: The inclusion of said land within said improvement districts will be for
the best interest of the land, and the owners thereof consent to the inclusion of said land in the
designated improvement districts of the Vallecitos Water District.
Section 1.6: The Board of Directors determines that all the land hereinafter
described shall be included in the designated improvement districts; that the proceedings had for
the annexation and inclusion herein and above referred to were genuine and sufficient and in all
respects complied with the Water Code of the State of California commencing at Section 32550.
Section 1.7: That the land herein described is within the boundaries of the
Vallecitos Water District and said lands are not a part of an improvement district constituted for
a purpose similar to the purpose of Improvement Districts 5 & 6 of the Vallecitos Water District.
Section 1.8: All of the owners of the land within the territory to be annexed have
given their written consent to such annexation and the Board is thereby authorized to order the
annexation by resolution without notice and hearing by the Board and without an election.
SECTION 2: The Board of Directors of the Vallecitos Water District does hereby order the
annexation of all the lands hereinafter described to Improvement Districts 5 & 6 of the Vallecitos
Water District pursuant to this resolution and the proceedings above referred to, which description
contained in Exhibit "A" attached hereto and made a part hereof, is sufficient to identify the land.
Resolution No. 1252
Page 2
SECTION 3: The condition of said annexation to Improvement Districts 5 & 6 of the
Vallecitos Water District are as follows:
Section 3.1: Payment by petitioners of the sum of $2,653.47 per acre or fraction
thereof for annexation of the territory into Improvement Districts 5 & 6 (together not individually)
for the use or right of use of the existing property in the Improvement Districts.
Section 3.2: Payment by the petitioners of the sum of $650.00 to cover costs of
annexation, which includes attorney fees, publication, filing fees and miscellaneous costs of
annexation.
Section 3.3: The lands annexed to an Improvement District shall be subject to
existing bond issues and indebtedness of the improvement district from and after the filing with
the San Diego County Assessor of a certified copy of this resolution as set forth in Section 32553
of the Water code of the State of California.
SECTION 4: This resolution shall become effective immediately upon its final passage; this
resolution being adopted pursuant to Section 32552 of the Water Code of the State of California.
This resolution being adopted without notice and hearing and without an election being conducted
in said territory, all in accordance with Section 32552 of the Water Code of the State of California.
The Secretary of this District shall comply with the provisions of the Water Code, Section 32553,
and shall file a certified copy of this resolution together with a map of the territory thus annexed
with the San Diego County Assessor and the San Diego County Tax Collector and with the State
Board of Equalization.
PASSED AND ADOPTED by the Board of Directors of the Vallecitos Water District at a
regular meeting held on this 17th day of August, 2005, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
DAVY,GENTRY,HANNAN,SHELL,FERGUSON
Margaret Ferguson, President
Boar of Directors
Vallecitos Water District
ATTEST:
William W. Rucker, Secretary
Board of Directors
Vallecitos Water District
Resolution No. 1252
Page 3
EXHIBIT "A"
LEGAL DESCRIPTION
BEING PARCEL "A" OF PARCEL MAP NO. 16275, IN THE CITY OF SAN MARCOS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA. AS SHOWN ON SAID PARCEL MAP NO. 16275.
FILED IN THE OFFICE Of THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
OCTOBER 30, 1990, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "A", SAID POINT BEING ON
THE EASTERLY RIGHT-Of-WAY OF TWIN OAKS VALLEY ROAD AS DEPICTED ON SAID
PARCEL MAP NO. 16275; THENCE EASTERLY ALONG THE NORTHERLY LINE Of SAID
PARCEL "A", SOUTH 89°30'09" EAST, 390.00 FEET TO THE NORTHEAST CORNER Of
SAID PARCEL "A"; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL
"A", SOUTH 00°29'51" WEST, 417.20 FEET TO THE BEGINNING OF A CURVE CONCAVE
EASTERLY AND HAVING A RADIUS Of 225.00 FEET; THENCE SOUTHERLY ALONG THE
ARC>OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10·29'51" A DISTANCE OF 41.22
FEET; THENCE SOUTH 10·00'00" EAST, 56.32 FEET TO THE SOUTHEASTERLY CORNER
OF SAID PARCEL "A"; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL "A",
SOUTH 80·00'00" WEST, 26.99 FEET TO THE BEGINNING OF A CURVE CONCAVE
NORTHERLY AND HAVING A RADIUS OF 450.00 FEET; THENCE WESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°42'57" A DISTANCE OF
146.99 FEET; THENCE NORTH 81 °17'03" WEST, 303.34 FEET TO THE SOUTHWESTERLY
CORNER OF SAID PARCEL "A", SAID POINT BEING ON THE AFORESAID EASTERLY
RIGHT-OF-WAY OF TWIN OAKS VALLEY ROAD AND THE WESTERLY LINE OF SAID
PARCEL "A"; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY AND WESTERLY LINE
NORTH 08°42'57" EAST, 483.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 4.987 ACRES, MORE OR LESS.
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Resolution No. 1252
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EXHIBIT "A"
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