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Reso 1140-02/2001RESOLUTION NO. 1140 RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT ORDERING THE ANNEXATION INTO SEWER IMPROVEMENT DISTRICTS 5 & 6 FOR SEWER SERVICE OF CERTAIN PROPERTY DESIGNATED AS APN 228-290-34 - ESCONDIDO CYCLE CENTER 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 proceedings 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. Section 2: The Board of Directors of the Vallecitos Water District does hereby order the annexation of all the lands hereinafter 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 part hereof, is sufficient to Resolution No. 1140 Page 2 identify the land. Section 3: The condition of said annexation to Improvement Districts 5 & 6 of the Vallecitos 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 $650.00 to cover costs of annexation, which includes attorney 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 AND ADOPTED by the Board of Directors of the Vallecitos Water District at a regular meeting held on this 7th day of February, 2001, by the following roll call vote: AYES: CRUZ, DAVY, HANNAN, MASON, FERGUSON NOES: ABSTAIN: ABSENT: ATTEST: ,A) William W. Rucker, Secretary Board of Directors Vallecitos Water District Margar J' E. Ferguson, Present Board . Directors Vallecitos Water District Resolution No.1140 EXHIBIT "A" Page 3 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 12 IN BLOCK 1 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 OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 21, 1895, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 12, DISTANT THEREON SOUTH 27°27'45" WEST, 366.77 FEET FROM THE NORTHERLY CORNER OF SAID LOT 12; THENCE SOUTH 69°30'23" EAST, 23.00 FEET; THENCE SOUTH 77°57'11" EAST, 318.90 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 12, DISTANT THEREON SOUTH 27°27'59" WEST, 277.79 FEET FROM THE EASTERLY CORNER OF SAID LOT 12. Reso tion No.114Q Pag4 228-290-34 I 4- VICINITY MAP N.TS SITE EXHIBIT "A" SEWER BOUNDARY A) S 27'27'45" W 366.77' B) S 69'30'23" E 23.00' C) S 77'57' 1 1 " E 318.90' D) S 27'27'59" W 277,79' E) S 62'20'56" E 330.00 VALLECITOS WATER DISTRICT Date: 01-30-01 Scale: 1' = 400' A,P,N. 228-290-34 ESCONDIDO CYCLE CENTER ANNEXATION INTO I.D. 5 & 6 PORTION OF LOT 12 IN BLOCK 1 OF RANCHO LOS VALLECITOS DE SAN MARCOS Drawn By: D,J,L, Doc, No. V,W,D, Chk,o L.G,