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Reso 1038-08/1997RESOLUTION NO. 1038 RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT ORDERING THE ANNEXATION OF CERTAIN PROPERTY DESIGNATED "NEWELL ANNEXATION" INTO THE VALLECITOS WATER DISTRICT AND IMPROVEMENT DISTRICTS 5, 6 & "A" FOR SEWER SERVICE 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 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. SECTION 2. The conditions of said annexation are as follows: SECTION 2 1: The annexation is for sewer (only) service. Resolution No. 1038 Page 2 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 stun of $550.00 to cover costs of annexation, which include attorney's fees, publication, filing fees and miscellaneous costs of annexation. SECTION 2.4: 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 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. DA97-6 of the Local Agency Formation Commission Adopted July 7, 1997. 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 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, APPROVED AND ADOPTED by the Board of Directors of the Vallecitos Water District at a regular meeting held on this 6th day of August, 1997, by the following roll call vote: AYES: Cruz, Davy, Ferguson, Hannan, Mason NOES: ABSTAIN: ABSENT: ATTEST: William W. Rucker, Secretary Board of Directors Vallecitos Water District Mar ret E. Ferguso President Board of Directors Vallecitos Water District