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Reso 1042-08/1997RESOLUTION NO. 1042 RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT ORDERING THE ANNEXATION OF CERTAIN PROPERTY DESIGNATED "HALLMARK COMMUNITIES, INC." INTO THE VALLECITOS WATER DISTRICT AND SEWER IMPROVEMENT DISTRICTS 5, 6, AND "A" OF THE VALLECITOS WATER DISTRICT (ESCONDIDO TRACT NO. 771) 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 respect 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 5.5 acres to the Vallecitos Water District and detachment of 3.9 acres from the Vista Irrigation District as described in Exhibits "A" and "B". Attached hereto and incorporated Resolution No. 1042 Page 2 herein, is the legal description of the land included in the Reorganization pursuant to this Resolution and the proceedings above referred to, which said description is sufficient to identify this land. Section 2. The conditions of said annexation are as follows: Section 2.1. For the land described in Exhibit "A": Section 2.1.1. The annexation is for water and sewer service. Section 2 1 2 Annexation of the territory into the existing Vallecitos Water District and Improvement Districts No. 5, 6 and "A" of the Vallecitos Water District. Section 2.1.3. Payment by the petitioners of the sum of $696.92 per acre or fraction thereof for annexation into the Vallecitos Water District for the use or right of use of the existing property in the District. Section 2.2. For the land described in Exhibit "B": Section 2.2.1. The annexation is for sewer service only. Section 2 1 2 Annexation of the territory into the existing Improvement Districts No. 5, 6 and "A" of the Vallecitos Water District. Section 2.1.3. Payment by the petitioners of the sum of $2,653.47 per acre or fraction 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 2.3. Payment by the petitioners of the sum of $550.00 to cover costs of annexation, which include attorney's fees, publication, filing fees and miscellaneous costs of annexation. Section 3. For the land described in Exhibit "A": Concurrent detachment from Vista Irrigation District (VID) with the following conditions: Section 3.1. Payment of VID detachment fee of $1,624.20. Section 3.2. Payment of VID Water Rights document preparation fee of $50.00 (Assignment of Water Rights). Section 3.2. Execution of Assignment of Water Rights document. Section 3.3. Payment of VID administration fee of $570.00. Resolution No. 1042 Page 3 Section 3.4. Execution of a District Service Change form to terminate water service by VID and removal of the water meter. Section 4. This resolution shall become effective immediately upon its final passage. Section 4.1 This resolution is adopted pursuant to section 56322 of the Government Code of the State of California and pursuant to Resolution No. DA97-6 of the Local Agency Formation Commission Adopted July 7, 1997. Section 4.2 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 5. 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 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 20th day of August, 1997, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: La2(2(d))-e Cruz, Davy, Ferguson Hannan, Mason William W. Rucker, Secretary Board of Directors Vallecitos Water District Mfgaret E. Fergus , President Board of Directors Vallecitos Water District R097-8 "HALLMARK COMMUNITIES, INC. REORGANIZATION" ANX. TO THE VALLECITOS WATER DIST. & DETCH. FROM THE VISTA IRRIGATION DIST. ALL THAT PORTION OF LOT 4 AND A PORTION OF ADJACENT STREET IN BLOCK 15 OF RANCHO LOS VALLECITOS DE SAN MARCOS, IN THE CITY OF ESCONDIDO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF No. 806 FILED IN THE COUNTY RECORDER'S OFFICE OF SAN DIEGO COUNTY, LYING WITHIN THE FOLLOWING BOUNDARIES: 1. BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 4; 2. THENCE NORTH 2° 06' 30" EAST, 188.34 FEET ALONG THE WESTERLY LINE OF SAID LOT 4 TO THE TRUE POINT OF BEGINNING; 3. THENCE LEAVING SAID WESTERLY LINE, SOUTH 67° 27' 20"EAST, 180.16 FEET TO A LINE THAT IS PARALLEL WITH AND DISTANT 330.00 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTHEASTERLY LINE OF SAID LOT 4; 4. THENCE SOUTH 35° 44' 39" WEST, 196.53 FEET ALONG SAID PARALLEL LINE TO THE SOUTHWESTERLY LINE OF SAID LOT 4; 5. THENCE SOUTH 54° 14' 55" EAST, 230.00 FEET ALONG SAID SOUTHWESTERLY LINE TO A LINE THAT IS PARALLEL WITH AND DISTANT 100.00 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTHEASTERLY LINE OF SAID LOT 4 ; 6. THENCE NORTH 35° 44' 39"EAST, 380.11 FEET ALONG SAID PARALLEL LINE TO A LINE THAT IS PARALLEL WITH AND DISTANT 280.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE NORTHEASTERLY LINE OF SAID LOT 4; 7. THENCE ALONG SAID PARALLEL LINE NORTH 54°16' 46"WEST, 207.76 FEET; 8. THENCE NORTH 8 ° 16' 46"WEST, 15.45 FEET TO THE BEGINNING OF A TANGENT 278.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; 9. THENCE NORTHERLY, 184.35 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37° 59' 36" TO A LINE THAT IS PARALLEL WITH AND DISTANT 185.00 FEET SOUTHEASTERLY , MEASURED AT RIGHT ANGLES FROM THE NORTHWESTERLY LINE OF SAID LOT 4; 10. THENCE SOUTH 37° 17' 12"WEST, 13.30 FEET TO A LINE THAT IS PARALLEL EXHIBIT "A" PAGE 1 OF 2 WITH AND DISTANT 200.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES FROM NORTHEASTERLY LINE OF SAID LOT 4; 11. THENCE NORTH 54° 16' 46"WEST ALONG SAID PARALLEL LINE AND THE NORTHWESTERLY PROLONGATION THEREOF TO THE CENTER LINE OF UNNAMED 66.00 FOOT ROAD(NOW KNOWN AS BENNET AVENUE), AS SHOWN ON SAID MAP No. 806; 12. THENCE SOUTHWESTERLY ALONG SAID CENTER LINE TO AN ANGLE POINT THEREIN; 13. THENCE CONTINUING SOUTHERLY ALONG SAID CENTER LINE TO A LINE THAT BEARS NORTH 66° 46' 46"WEST FROM THE TRUE POINT OF BEGINNING; 14. THENCE SOUTH 66° 46' 46"EAST ALONG SAID LINE TO THE TRUE POINT OF BEGINNING. jgro 10/97 EXHIBIT "A" PAGE 2 OF 2 e [ DATE: 5-21-97 CnmLocal f*A"nion Caslon of ss -JUL. - 71997 ;,, MAP 806 - RANCHO LOS VALLECITOS DE SAN MARCOS EXHIBIT "B" SCALE: 1"=100' MAPPING DIVISION SAN DIEGO COUNTY ASSESSOR'S OFFICE LAFCO:R097-8 AREA:3.90AC TRA.PG:J07-NW TRA:04192 DRAWN BY:JOSE GRO. "HALLMARK COMMUNITIES, INC. REORGANIZATION" ANX. VALLECITOS WATER DIST.& DETCH. VISTA IRRIGATION DIST. PG. NO:21-11 &22-E B/L :226-040 T.B.:1109 D/6 EXHIBIT "A" MAP R097-$ "HALLMARK COMMUNITIES, INC. REORGANIZATION" ANX. TO THE VALLECITOS WATER DISTRICT (SEWER SERVICE ONLY) ALL THAT PORTION OF LOT 4 AND A PORTION OF ADJACENT STREET IN BLOCK 13 OF RANCHO LOS VALLECITOS DE SAN MARCOS, IN THE CITY OF ESCONDIDO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF No. 806 FILED IN THE COUNTY RECORDER'S OFFICE OF SAN DIEGO COUNTY, LYING WITHIN THE FOLLOWING BOUNDARIES: 1. BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 100.00 FEET OF SAID LOT 4 WITH THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 280.00 FEET OF SAID LOT 4; 2. THENCE NORTH 54° 16' 46"WEST, 207.76 FEET ALONG SAID SOUTHWESTERLY LINE; 3. THENCE NORTH 8° 16' 46"WEST, 15.45 FEET TO THE BEGINNING OF A TANGENT 278.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; 4. THENCE NORTHERLY, 33.51 FEET ALONG SAID CURVE THROUGH CENTRAL ANGLE OF 6° 54' 28" ; 5. THENCE NORTH 74°48' 46"EAST, 20.92 FEET TO THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 330.00 FEET OF SAID LOT 4; 6. THENCE NORTHEASTERLY, 230.00 FEET ALONG SAID NORTHWESTERLY LINE TO THE NORTHEASTERLY LINE OF SAID LOT 4; THENCE CONTINUING ALONG THE NORTHEASTERLY PROLONGATION THEREOF TO THE CENTER LINE OF UNNAMED 66.00 FOOT ROAD(NOW KNOW AS EL NORTE PARKWAY), AS SHOWN ON SAID MAP No. 806; 8. THENCE SOUTHEASTERLY ALONG SAID CENTER LINE TO THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 100.00 FEET OF SAID LOT 4; 9. THENCE SOUTHWESTERLY ALONG SAID NORTHEASTERLY PROLONGATION AND SAID NORTHWESTERLY LINE TO THE Peffit Cdthmission ooff the LocalAgency Formatic San Diego BEGINNING. jgro. 10/97 EXHIBIT "B" PAGE 1 OF 1 JUL - 71997 ti APProreo by the Local Agency Formation Commission of San Diego 1997 /4 / I d //M' . if, MAP806 - RANCHO LOS VALLECITOS DE SAN MARCOS EXHIBIT "B" TRA.PG:J07-NW TRA:04192 DRAWN BY:JOSE GRO. MAPPING DIVISION SAN DIEGO COUNTY ASSESSOR'S OFFICE "HALLMARK COMMUNITIES, INC. REORGANIZATION" ANX. VALLECITOS WATER IST. (SEWER SERVICE ONLY) LAFCO:R097-8 AREA: 1.65 AC PG. NO:21-11 B/L :226-040 T.B.:1109 D/6 EXHIBIT "B" MAP PAGE 1 OF 1