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Reso 1065-08/1998RESOLUTION NO. 1065 RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT ORDERING THE ANNEXATION OF CERTAIN PROPERTY DESIGNATED "STREETER ANNEXATION" INTO THE VALLECITOS WATER DISTRICT AND SEWER IMPROVEMENT DISTRICTS 5, 6 & "A" FOR SEWER SERVICE (APN: 226-092-09) WHEREAS, a petition for the annexation to the Vallecitos Water was filed with the Executive Officer of the Local Agency Formation Commission of the County of San Diego: and WHEREAS, the Executive Officer of the Local Agency Formation Commission has examined the petition and determined that it is signed by the requisite number of signers, and has attached her certificate to the petition showing the results of her examination, as provided in Government Code Section 56150 through 56162, inclusive; and WHEREAS, the land described in said petition is the land hereinafter described in Exhibit "A" attached hereto, and the owners of the land have given their written consent to said annexation; and WHEREAS, the owners of the land described in this Resolution have advanced to the Vallecitos Water District the costs of this annexation, including, but not limited to, advertising, engineering and attorney's fees; and WHEREAS, the inclusion of said land will be for the best interest of the District; and WHEREAS, the inclusion of the land will be for the best interest of the land, and the owners thereof consent to the inclusion of said land in the District; and WHEREAS, the Board of Directors determines that all of the land described in said petition and hereinafter described shall be included in the District; 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 District Reorganization Act of 1965, beginning with section 56000 of the Government Code of the State of California. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT, as follows: Section 1. The Board of Directors of the Vallecitos Water District does hereby order the annexation of all the land described in the petition above referred to; Exhibit "A", attached hereto and incorporated herein, is the legal description of the land included within the Vallecitos Water District pursuant to this Resolution and the proceedings above referred to, which said description is sufficient to identify this land. Resolution No. 1065 Page 2 Section 2. The conditions of said annexation are as follows: Section 2.1: The annexation is for sewer (only) service. Section 2.2: Annexation of the territory into the existing Improvement Districts No. 5, 6 and "A" of the Vallecitos Water District. Section 2.3: Payment by the petitioners of the sum $ 550.00 to cover cost of annexation, which include attorney's fees, publication, filing fees, miscellaneous costs of annexation and State Board of Equalization charges. Section 2.4: Payment by petitioners of the sum of $ 2,653.47 per acre or fractions thereof for annexation into Improvement Districts No. 5, 6 and "A" (together, not individually) for the use or right of use of the existing property in the Improvement Districts. Section 2.5: Execution of a Sewer Service Agreement with the District for a scheduled payment of all annexation, sewer capacity and sewer lateral installation fees. Section 2.6: Payment by the petitioners of all Local Agency Formation Commission (LAFCO) fees. Section 2.7: Execution of a Sewer Service Agreement with LAFCO for an emergency connection to the sewer main prior to completion of the annexation. Section 3. This resolution shall become effective immediately upon its final passage. Section 3.1: This resolution is adopted pursuant to section 56322 of the Government Code of the State of California and pursuant to Resolution No. DA98-12 of the Local Agency Formation Commission Adopted August 3, 1998. Section 3.2: This resolution is adopted without notice or hearing and without an election being conducted in said territory all in accordance with Section 56322 of the Government Code of the State of California, and the resolution of the Local Agency Formation Commission as aforesaid. Section 4: The Local Agency Formation Commission shall comply with the provision of the Government Code Section 56450 through Section 56457, and shall file with the Secretary of the State and with the County Recorder of San Diego County, certified copies of this resolution and certificates stating that this resolution is effective. The Secretary of the Local Agency Formation Commission shall further comply with the provisions of the Government Code Section 54900, et Resolution No. 1065 Page 3 seq., by filing with the State Board of Equalization and with the County Assessor of San Diego County statements of change of boundary together with a map or plat of the area to be assessed. PASSED AND ADOPTED by the Board of Directors of the Vallecitos Water District at a regular meeting held on this 19t day of August, 1998 by the following roll call vote: AYES: Cruz, Davy, Ferguson, Hannan, Mason NOES: AB STAIN: ABSENT: ATTEST: Wi liam W. Paul A. Da , Pr (.ident Board of Directors Vallecitos Water District Ruc ker, Secretary Board of Directors Vallecitos Water District JAMES STREETER ANNEXATION TO VALLECITOS WATER DISTRICT DA98-12 - ALL THAT PORTION OF LOT 12 AND A PORTION OF ADJACENT STREET IN BLOCK 1 OF BENNETT ORCHARD ESTATES UNIT NO. 2, IN THE CITY OF SAN MARCOS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2123, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY , AUGUST 1,1928, LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 12; 1. THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT, SOUTH 40 ° 14 ' WEST, 165.69 FEET TO THE BEGINNING OF A TANGENT 520.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; 2. THENCE SOUTHWESTERLY ALONG SAID CURVE, 130.92 FEET; 3. THENCE TANGENT TO SAID CURVE SOUTH 54 ° 39 ' 30 " WEST, 68.00 FEET; 4. THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 38° 37' 30 " EAST, 200.00 FEET TO THE TRUE POINT OF BEGINNING; 5. THENCE RETRACING NORTH 38° 37 ' 30 " WEST; 200.00 FEET; 6. THENCE LEAVING SAID NORTHWESTERLY LINE,`AT RIGHT ANGLES NORTH 35° 20 ' 30 " WEST, 20.00 FEET TO THE CENTER LINE OF PALOMAR DRIVE, AS SHOWN ON SAID MAP NO.2123; 7. THENCE ALONG SAID CENTER LINE SOUTH 54 ° 39 ' 30 " WEST, 75.00 FEET; 8. THENCE LEAVING SAID CENTER LINE, AT RIGHT ANGLES SOUTH 35° 20 ' 30 " EAST, 20.00 FEET TO SAID NORTHWESTERLY LINE; 9. THENCE LEAVING SAID NORTHWESTERLY LINE, AT RIGHT ANGLES SOUTH 35° 20' 30 " EAST TO AN INTERSECTION WITH A LINE WHICH BEARS SOUTH 54° 39 ' 30 " WEST FROM THE TRUE POINT OF BEGINNING; 10. THENCE NORTH 54° 39 ' 30 " EAST TO THE TRUE POINT OF BEGINNING. Approved by the local Agency Formation Commission of San Diego -- EXHIBIT A 'AUG -3 498 PAGE 1 OF 1 1, 5 18 0 30 i.e6AC. POB MAP 2123 - BENNETT ORcHArglAgei: T gio.2 ` y Commission of Sart Diego sr fir. ►AUG - 31998 1ATE: 6-26-98 CALE: t"= t00' RA PAGE: J07SW at: 13261 MAPPING DIVISION SAN DIEGO COUNTY ASSESSOR'S OPPICE JAMES STREETER ANNEXATION TO VALLECITOS WATER DI STRICT LABCO: DA98- 12 AREA: O.40AC PG. NO: 21.-1I B/L: 226-092-09 THOMAS BROS:1129—DI ,WN BY:M.SCHURR