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Reso 1026-02/1997RESOLUTION NO. 1026 RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT REQUESTING THE LOCAL AGENCY FORMATION COMMISSION CONDUCT PROCEEDINGS FOR THE ANNEXATION OF CERTAIN PROPERTY DESIGNATED AS THE "NEWELL ANNEXATION" INTO THE VALLECITOS WATER DISTRICT AND IMPROVEMENT DISTRICTS 5, 6, AND "A" FOR SEWER SERVICE WHEREAS, the Vallecitos Water District desires to initiate proceedings pursuant to the Cortese -Knox Local Government Reorganization Act of 1985, commencing with Section 56000 of the California Government Code, for the annexation of certain property designated as the "Newell Annexation" into the Vallecitos Water District and Sewer Improvement Districts 5, 6, and "A" for sewer service; and WHEREAS, the land described in said petition is described in the attached Exhibit "A"; and WHEREAS, the necessity of the proposed annexation is the result of a street widening project by the County of San Diego which has disrupted the leach field system for said property; and WHEREAS, the inclusion of said land will be in the best interests of the District and the property owners have given their consent to said annexation; and WHEREAS, this proposal is consistent with the sphere of influence of the District. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the VALLECITOS WATER DISTRICT as follows: Section 1: The conditions of said annexation are as follows: Section 1.1: The annexation is for sewer (only) service. Section 1.2: Annexation of the territory into the existing Improvement Districts No. 5, 6, and "A" of the Vallecitos Water District. Section 1.3: Payment by the County of San Diego of the sum of Two Thousand Six Hundred and No/100 Dollars ($2,600.00) to cover the costs of annexation, which include attorney's fees, publication, filing fees, LAFCO fees, and miscellaneous costs of annexation. -1- Resolution No. 1026 Page 2 Section 1.4: Payment by petitioners of the sum of Two Thousand Six Hundred Fifty - Three and 47/100 ($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: This Resolution is hereby adopted and approved by the Board of Directors of the Vallecitos Water District, and the Local Agency Formation Commission of San Diego County is hereby requested to conduct proceedings for the annexation of territory as described in Exhibit "A" according to the terms and conditions stated above and in the manner provided by the Cortese -Knox Local Government Reorganization Act of 1985. Section 3: The District finds the project is categorically exempt in accordance with the District's guidelines implementing Section 15319 of the California Environmental Quality Act (CEQA). Section 4: This Resolution shall become effective immediately upon its final passage. Section 5: 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. PASSED AND ADOPTED at a regular meeting of the Board of Directors of the Vallecitos Water District held on the 5th day of February, 1997, by the following roll call vote: AYES: CRUZ, DAVY, FERGUSON, HANNAN, MASON NOES: ABSENT: ABSTAIN: William W. Rucker, Secretary Vallecitos Water District -2- Margaret E. Fergun, President Vallecitos Water District LEGAL DESCRIPTION: PARCEL 1: THAT PORTION OF BLOCK 12 OF RANCHO LOS VALLECITOS DE SAN MARCOS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 806, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DECEMBER 21, 1895, TOGETHER WITH A PORTION OF THE UNNAMED STREET AS SHOWN ON SAID MAP ADJOINING SAID BLOCK 12 ON THE NORTH, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID BLOCK 12; THENCE ALONG THE NORTHERLY LINE OP SAID BLOCK, SOUTH 54°47'00" EAST, 827.52 FEET; THENCE SOUTH 84°23'00" EAST 1224.71 FEET TO A POINT; THENCE LEAVING SAID NORTHERLY LINE SOUTH 43°55'00" WEST, 709.62 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST WITH A RADIUS OF 175.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43°01'00" A DISTANCE OF 131.39 FEET; THENCE TANGENT TO SAID CURVE SOUTH 00°54'00" WEST 51.00 FEET; THENCE NORTH 55°00'00" WEST, 552.00 FEET TO THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN DEED FROM BENNET INVESTMENT COMPANY TO GLADYS S. MILLER, DATED MARCH 28, 1941, RECORDED IN BOOK 1165, PAGE 188 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHWESTERLY LINE OF SAID MILLER LAND NORTH 35°01'33" EAST, 285.95 FEET TO THE MOST NORTHERLY CORNER OF SAID MILLER LAND; THENCE ALONG THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN THE DEED FROM BENNETT INVESTMENT COMPANY TO ELIZABETH TREANOR RECORDED IN BOOK 1605, PAGE 426 OF OFFICIAL RECORDS; NORTH 35°01'33" EAST, 130.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH THE NORTHEASTERLY LINE OF SAID MILLER LAND SOUTH 55°00'00" EAST, 150.00 FEET; THENCE NORTH 35°01'33" EAST, 170.00 FEET MORE OR LESS TO THE CENTER LINE OF THAT UNNAMED STREET, NOW KNOWN AS EL NORTE PARKWAY ADJOINING SAID BLOCK 12 ON THE NORTH; THENCE ALONG SAID CENTER LINE NORTH 84°23'00" WEST, 152.00 FEET MORE OR LESS TO THE NORTHEASTERLY PROLONGATION OF SAID SOUTHEASTERLY LINE OF TREANOR LAND; THENCE ALONG SAID PROLONGATION AND SAID SOUTHEASTERLY LINE, SOUTH 35°01'33" WEST, 150.00 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. EXHIBIT "A" LEGAL DESCRIPTION (CONT.) PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES OVER AND ACROSS A STRIP OF LAND 40.0 FEET IN WIDTH, LYING WITHIN BLOCK 12 OF RANCHO LOS VALLECITOS DE SAN MARCOS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 806, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 21, 1895, THE NORTHWESTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWESTERLY PROLONGATION! OF THE SOUTHEASTERLY LINE OF PARCEL 1 ABOVE DESCRIBED, DISTANT THEREON SOUTH 35°01133" WEST, 30.00 FEET FROM THE MOST SOUTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG SAID PROLONGATION AND SAID SOUTHEASTERLY LINE NORTH 35°01'33" EAST TO THE SOUTHERLY LINE OF THAT CERTAIN UNNAMED STREET, NOW KNOWN AS EL NORTE PARKWAY ADJOINING SAID BLOCK 12 ON THE NORTH. SAID STRIP SHALL BE PROLONGED OR SHORTENED TO TERMINATE SOUTHWESTERLY ON A LINE THAT BEARS SOUTH 54°58'27" EAST FROM THE POINT OF BEGINNING AND TO TERMINATE NORTHERLY ON THE SOUTHERLY LINE OF SAID BORDEN ROAD. EXHIBIT "A" WEL NARTE PK \y \ zv VACINITY MAP O NO SCALE VALLECITOS WATER DISTRICT Date! 1-29-97 Scale' N❑NE A.P.N. 226-320-43 NEWELL ANNEXATION INTO I.D. 5,6 & A POR. LOT 6 BLK. 12 MAP 806 Drawn By! P.C. Doc. No. V.V.D. Chk. C.B.