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Reso 1051-02/1998RESOLUTION NO. 1051 RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT ORDERING THE ANNEXATION OF CERTAIN PROPERTY DESIGNATED "MEADOWLARK ESTATES TRACT NO. 391, UNIT 1 ANNEXATION" INTO SEWER IMPROVEMENT DISTRICTS 1, 2 & 6 FOR SEWER SERVICE (MLVE, INC.) 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 1, 2 & 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: That the 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 processings 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 1, 2 & 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. Resolution No: 1051 Page 2 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 1, 2 & 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. SECTION 3: The condition of said annexation to Improvement Districts 1, 2 & 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 1, 2 & 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 $800.00 to cover costs of annexation, which includes attorney's 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, APPROVED AND ADOPTED by the Board of Directors of the Vallecitos Water District at a regular meeting held on this 18t day of February, 1998 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Cruz, Davy, Ferguson, Hannan, Mason Paul A. Davy{! President Board of Directors Vallecitos Water District ATTEST: OS William W. Rucker, Secretary Board of Directors Vallecitos Water District LEGAL DESCRIPTION SAN MARCOS TRACT MP 391 MEADOWLARK ESTATES UNIT NO. 1 All that portion of the Southwest one -quarter of the Southwest one -quarter of Section 17 and of the Northwest one -quarter of the Northwest one -quarter Section 20, Township 12 South, Range 3 West, San Bernardino Meridian, in the City of San Marcos, County of San Diego, State of California, more particularly described as follows: Beginning at the Southeast comer of said Northwest one -quarter of the Northwest one -quarter Section 20, Thence along the southerly line thereof North 88°24'28° West a distance of 818.17 feet; Thence leaving said southerly line North 46°04'14" East a distance of 94.01 feet; Thence North 81°06'39" East a distance of 220.34 feet; `thence North 15°47142" West a distance of 239.29 feet; Thence North 02°44'41" West a distance of 57.70 feet; Thence North 42°53'25° West a distance of 217.37 feet to a point on the arc of a non tangent 830.00 foot radius curve concave Northwesterly, a radial line to said point bears South 42°53'25" East Thence Southwesterly along the arc of said curve through a central angle of 02°06'32" a distance of 30.55 feet; Thence leaving radial to said curve North 40°46'53" West a dlstance of 256.05 feet; Thence'South 45°40'02° West a distance of 245.76 feet to a point on the easterly right-of-way line of .a 150.00 foot easement in favor of San Diego Gas and Electric per deed recorded October 11, 1940, in Book 1085, Page 71, of Official Records; Thence along said right-of-way Tine North 28°23'12' West a distance of 200.09 feet to the most southerly comer of the Property described as an exception to Parcel 1. per deed recorded April 19, 1995 File/Page No. 95- 0164497, Official Records; Thence leaving said easterly right-of-way line and along the easterly line of said Property, North 34°23'24° East a distance of 326.07; Thence North 28°23'12' West a distance of 304.94 feet to the most northerly comer of said Property; Thence continuing along a northerly extension of said easterly fine North 28°23'12' West a distance of 64.46 feet; Thence North 43°16'06" East a distance of 140.63 feet to the beginning of a 341.18 foot radius curve concave Southeasterly, Thence Northeasterly along the arc of said curve through a central angle of 18°51'33" a distance of 112.30 feet Thence non -radial to said curve South 43°36'13" East a distance of 64.13 feet to a point on the arc of a non -tangent 280.00 foot radius curve concave Southeasterly, a radial line to said point bears North 24°18'27" West Thence Northeasterly along the arc of said curve through a central angle of 10°37'32° a distance of 51.93 feet; Thence North 76°19'05° East a distance of 381.61 feet to the beginning of a 340.00 foot radius curve concave Northwesterly; Thence Northeasterly along the arc of said curve through a central angle of 05°46'58" a distance of 34.32 feet; Thence North 70°32'07° East a distance of 187.56 feet to the beginning of a 220.00 foot radius curve concave Southerly; Thence Easterly along the arc of said' curve through a central angle of 47°17'53" a distance of 181.61 feet to a point on the arc of a non -tangent 60.00 foot radius curve concave Northeasterly, a radial Tine to said point bears South 51°01'04" West; Thence Northwesterly along the arc of said curve through a central angle of 24°53'13" a distance of 26.06 feet to the beginning of a non -tangent 236.00 foot reverse curve concave Southerly a radial line to said beginning bears North 22°43'27" East; Thence Westerly .along the arc of said curve through a central angle of 42°11'20° a distance of 173.78 feet; Thence South 70°32'07" West a distance of 14.67 feet; Thence North 19°27'53° West a distance of 24.00 feet; Thence North 16°18'14'1 EXHIBIT "A" of 245.30 feet; Thence North 55°09'36' East a distance of 156.07 feet; Thence South 64°48'424 East a dlstarioe of 200.26 feet to a point on the East line of said Southwest one -quarter of the Southwest one -quarter of Section 17; Thence along said East line South 00°46'07" West a distance of 584.34 feet to the Northeast corner of said Northwest one -quarter of the Northwest one -quarter of Section 20; Thence along the East line thereof South 00°04'05' West a distance of 1332.04 feet to the point of Beginning. SECTION 17 SECTION 20 EXHIBIT: "A" VALLECITOS WATER DISTRICT Dote: 2-13-98 Scole: none SWR ONLY ANNEXATION MLVE, ENC. ANNEXATION INTO I.D. 1,2 & 6 POR. SEC 17 & 20 T12S R3W Drawn By: P.C. Doc. No. V.W.D. Chk. I.g. ORDER NO. 1141775-22 THE MAP HEREINBEFORE REFERRED TO IS A SUBDIVISION OF: SAN MARCOS TRACT #391, UNIT 1, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17; AND THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20; ALL BEING IN TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM ONE-HALF OF ALL MINERALS IN ON OR UNDER SAID LAND AS RESERVED BY BURTON D. HIGHTOWER, A WIDOWER, BY DEED RECORDED MAY 19, 1959 IN BOOK 7669, PAGE 362 OF OFFICIAL RECORDS. DATED: JUNE 10, 1997 AT 7:30 A.M. 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