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Reso 1008-03/1996 RESOLUTION NO. 1008 RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT ORDERING THE ANNEXATION INTO SEWER IMPROVEMENT DISTRICTS 5 & 6 FOR SEWER SERVICE APNS: 226-310-38 & 45 (LELAND WAY SEWER IMPROVEMENT GROUP) 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 5 & 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 5 & 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: 1008 Page 2 SECTION 2: The Board of Directors of the Vallecitos Water District does hereby order the annexation of all the lands hereinafier described to Improvement Districts 5 & 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 pan hereof, is sufficient to identify the land. SECTION 3: The condition of said annexation to Improvement Districts 5 & 6 of the Va!lecitos 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 5 & 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 $500.00 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 6th day of March, 1996, by the following roll call vote: AYES: Cruz, Ferguson, Gregoryk, Mason NOES: ABSTAIN: ABSENT: Davy d Cruz, President William W. Rucker, Secretary · 7~istrict Board of Directors Vallecitos Water District F~JkNCH DE PAR ,.:5 228-310-45 MAP PARCEL I OF PARCEL MAP 2119 2119 OK PAR 2 226-310'38 .C LOT I / T., N 0 Z S 84% A N 5° 12'30' E 93.00' ~ n N 84" 47'30" W 145.06' ,~ ,,,, / c . 5, 24'0' w so.oo'  D S 35° 36 '0~W 107.82' E S 54" 24'0~ E 30.00' ~ F S 84° 47'30"E 105,60' G S 64~ 47'3~ E 95.00' ~ F,~ H N 84* 47'30"W 50.00' :. VALLECITQS IST ICT Dc~e, a-~-96 LE~ND WAY SEWER IMPROVEMENT Drown 3y, P.C. scGte, NDNE GROUP ANNEXATION Doc. No. A.P.N, 886-310-38 ~ 45 INTO I.D. 5,6 v.~.D. Chk, L,G. LEGAL DESCRIFrlON PARCEL 1 OF PARCEL MAP NO. 2119, FILED IN THE OFFICE OF THE' COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 30, 1973, BEING A PORTION OF LOT 1 IN BLOCK 13 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. APN: 226-310-45, (MURPHY) EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF LOT 1 IN BLOCK 13 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, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF SAID LOT 1; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 1, SOUTH 84° 47' 30" EAST, 279.39 FEET TO THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN PARCEL 1 IN DEED TO SIMON B. DUNLAO, ET UX, RECORDED NOVEMBER 24, 1970 AS FILE NO. 215336; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 84° 47' 30" EAST, 139.38 FEET TO THE MOST WESTERLY CORNER OF LAND DESCRIBED IN DEED TO PATRICK M. FOBES, ET AL, RECORDED AUGUST 14, 1970 AS FILE NO. 145138; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 84° 47' 30" EAST, 145.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID LAND OF FOBES, ET AL; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LAND, NORTH 35° 36' 00" EAST, 165.00 FEET TO THE MOST EASTERLY CORNER OF SAID LAND; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 1, NORTH 84° 47' 30" WEST, 50.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE AT RIGHT ANGLES NORTH 05° 12' 30"EAST, 93.00FEET ; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 1, NORTH 84° 47' 30" WEST, 145.06 FEET TO THE SOUTHEASTERLY BOUNDARY OF THAT 60.00 FOOT EASEMENT DESCRIBED IN DEED TO EDWARD R. FORBES, ET AL, RECORDED AUGUST 27, 1962 AS FILE NO. 147460; THENCE AT RIGHT ANGLES TO SAID SOUTHEASTERLY LINE NORTH 54024, 00" WEST, 30.00 FEET TO THE CENTER LINE OF SAID 60.00 FOOT EASTMENT; THENCE ALONG SAID CENTER LINE SOUTH 35° 36' 00" WEST, 107.82 FEET TO THE MOST NORTHERLY CORNER OF LAND DESCRIBED IN PARCEL 1 IN DEED TO RUSSELL G. FOWLER, ET UX, RECORDED JANUARY 19, 1972 AS FILE NO. 13465; THENCE ALONG THE BOUNDARY OF SAID PARCEL 1 OF FOWLER'S LAND AS FOLLOWS: AT RIGHT ANGLES SOUTH 54° 24' 00" EAST, 30.00 FEET; AND SOUTH 84° 47' 30" EAST, 105.60 FEET TO THE NORTHWESTERLY CORNER OF SAID LAND OF FOBES, ET AL, HEREINABOVE REFERRED TO; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 1, SOUTH 84° 47' 30" EAST, 95.00 FEET TO THE TRUE POINT OF BEGINNING. APN: 226-310-38, (EASTMAN) EXHIBIT "A"