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Reso 0999-07/1995 RESOLUTION NO. 999 RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT REQUESTING THE LOCAL AGENCY FORMATION COMMISSION CONDUCT PROCEEDINGS FOR THE ANNEXATION AND AMENDMENT OF THE DISTRICT'S SPHERE OF INFLUENCE OF CERTAIN PROPERTY DESIGNATED AS THE "ENCINA WASTEWATER AUTHORITY PROPERTY" INTO THE VALLECITOS WATER DISTRICT AND IMPROVEMENT DISTRICTS 1, 2, 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 amendment of the sphere of influence and annexation of certain property designated as the "Encina Wastewater Authority Property" into the Vallecitos Water District and Sewer Improvement Districts 1, 2, 6, and "A" for sewer service; and WHEREAS, the land described in said petition is described in the attached Exhibit "A"; and WHEREAS, the purpose of the proposed amendment of the sphere of influence and annexation is to encourage orderly growth and development by facilitating availability of sewer service to the property; and WHEREAS, the inclusion of said land will be in the best interests of the Vallecitos Water District and Encina Wastewater Authority and the property owners have given their consent to said annexation; and WHEREAS, this proposal will require an amendment to the sphere of influence of the District; and Resolution No. 999 Page 2 WHEREAS, the Board of Directors has reviewed and considered the Final Environmental Impact Report (SCH 89010282), and the Findings and Statement of Overriding Considerations as certified and adopted by the Encina Wastewater Authority's Board of Directors on February 28, 1991, and attached hereto as Exhibit "B"; and 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. 1, 2, 6, and "A" of the Vallecitos Water District. Section 1.3: Payment by the Encina Wastewater Authority of the sum of $5,300.00 and No/100 Dollars to cover the costs of annexation, which include attorney's fees, publication, filing fees, LAFCO fees, and miscellaneous costs of annexation. Section 1.4: All conditions as outlined in the Agreement attached hereto as Exhibit "C". 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. Resolution No. 999 Page 3 Section 3: This Resolution shall become effective immediately upon its final passage. Section 4: 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 19th day of July, 1995, by the following roll call vote: AYES: Cruz, Davy, Ferguson, Gregoryk, Mason NOES: ABSENT: ABSTAIN: Dale Mason, President Vallecitos Water District William W. Rucker, Secretary V~llecitos Water District 1953 S~ PROPERTY ~ AND BOUNDS DESCRIPTION The West HaLf af the Northwest Quarter of Section 3,3, Township 12 South. Range 3 West, San Bemardtrm Meridian. in the County of San Diego, State of C~Bfornia according to the Official Plat thereof. F_,XCEPTING THEREFROM the Westerly 100 feet of the Northerly 100 feet thereof. ALSO EXCEFITNG THEREFROM all that portion of the West Half of the Northwest quarter of Section 33. Township 12 South, Range 3 West. San Bernardtrio Mericllan, in the County of San Diego, State of C~lffornla. described as follows: COlvE~'ENCING AT THE TRUE POIN'r OF BEGINNING at th~ Northeast comer of satd West Half of the Norawest quarter of Section 33, said come~ bears South 89° 37' 05" East, 1,333.93 feet from the Norawest comer of said Section 33; thence contm~dng along said Easterly line, South 00° 04' 06" West, 909.01 feet; thence leaving said Easterly line, North 35° 44' 18" West, 388.93 feet: thence North 66° 24' 18" West, 587.78 feet; thence at right angles, Nora 23° 35' 42" East. to the Southmost boundary of the Questhaven Road Easement. a 50' Easement for Public Highway to the C. ounty of San DIego per Book 1507, Page 245 of Deeds: thence continuing Northwesterly along said Easement boundar~ to the point which intersects the Northerly line of said Section 33; th. ence South 89° 37' 05" East to the TRUE POINT OF BEGINNING. 7/21/92 I Ill (OIl 0.5') lilt O!'TAIL ~ !~. 2' I.P. !l./!,ll ~ leo. 913'00' · 1334.13' ACCI.PTI:D AS w, ';.,ql con. 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P~q P.M. m333 n EXHIBIT B ~ SUBJECT PROPERTY SITE PLAN AND BOUNDARIES AGREEMENT FOR ANNEXATION OF PROPOSED COMPOSTING PROJECT SITE BETWEEN VALLECITOS WATER DISTRICT AND ENCINA WASTEWATER AUTHORITY WHEREAS, the Encina Wastewater Authority ("EWA") is the owner of approximately 38 acres of unimproved land located within the service area of EWA, but currently outside of the boundaries of the Vallecitos Water District ("Vallecitos"), a member of EWA; and WHEREAS, such land (hereinafter the "Property") was originally acquired by EWA on behalf of its members, including Vallecitos, for the purpose of development of a sludge composting facility thereon; and WHEREAS, EWA does not currently desire to develop the Property for such purposes, but may do so or elect to dispose of the Property in the future; and WHEREAS, any future use of the Property by EWA or others is likely to require sewer service to be provided by the Vallecitos Water District; and WHEREAS, EWA and Vallecitos agree that it is in their best interests that such property be annexed to the Vallecitos Water District at the lowest possible cost to the members of EWA; and WHEREAS, EWA and Vallecitos agree that the Property should be annexed to Vallecitos on the terms and conditions set forth herein; NOW, THEREFORE IT IS AGREED AS FOLLOWS: 1. Petition for Annexation. EWA may adopt a petition (Petition) requesting annexation of the entire Property to Vallecitos for sewer service and amendment of Vallecitos' sphere of influence~ as more particularly described in Exhibit A hereto~ on the following terms and conditions: (A) Vallecitos shall, immediately upon receipt of a copy of the Petition ~nd its approval by LAFCO, take all necessary steps as conducting authority to ~roceed to annex the Property for sewer service. EWA shall cooperate in such annexation. (B) Vallecitos and EWA shall cooperate in the completion of any environmental review which may be necessary for the annexation. 2. Annexation of ProDertV. Vallecitos agrees to annex the Property upon the following terms and conditions: (A) Annexation to Vallecitos shall be solely for the purpose of providing sewer service to the Property; hence, it is agreed that the Property will be annexed to Improvement District A. (B) ~11 reasonable costs and expenses incurred by Vallecitos to process the annexation of the Property shall be reimbursed to Vallecitos by EWA. (C) No annexation fees, improvement district charges or other fees based upon capital facilities of Vallecitos shall be charged by Vallecitos as a condition of annexation of the Property to Vallecitos under this agreement. However, should EWA subsequently elect to proceed with development of a project on the Property for the benefit of EWA or its member agencies, upon application by EWA or its designee for connection to the Vallecitos sewerage system, EWA agrees to pay, at the time a sewer service connection is requested, in-lieu annexation charges based upon the then-current annexation charges in effect for Improvement District A, provided that the amount of the in-lieu annexation charge which EWA shall pay will be based only upon the actual number of square feet of fully enclosed building floor area at ground level to be constructed within the project to be served. In the event EWA conveys any interest in the Property to any non-governmental entity for the development of a project thereon for non-governmental purposes, any in-lieu annexation fees to be charged may be applied by Vallecitos to the area of the Property, and need not be prorated. (D) Nothing in this agreement shall affect Vallecitos' rights or EWA's obligations with respect to any terms or conditions of sewer service which may be legally ~mposed, including, but not limited to, connection charges, capacity charges, improvements which may be required to serve the Property, or service charges, provided that Vallecitos shall not discriminate against EWA in establishing terms and conditions of service. (E) Nothing in this agreement shall relieve Vallecitos from any obligations it may have to pay a portion of any costs incurred by EWA hereunder as otherwise required under the Revised Basic Agreement and Revised Establishment Document of the member agencies of EWA. 3. Successors and Assiqns; Transfer or Sale This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective successors and assigns. 4. Further Assurances The parties agree that after the execution of this Agreement, upon either party's request, they will from time to time execute and deliver to each other all such instruments and documents of further assurance as shall be necessary to carry out the intent of this Agreement, and both parties shall provide or otherwise make available to each other all such documents, instruments, agreements and other information as shall be reasonably'-necessary to carry out their obligations hereunder. 6. Counterparts This Agreement may be executed in two or more counterparts, each'of which shall be deemed an original, but all of which together constitute one and the same document. IN WITNESS WHEREOF, the parties have approved the execution of this Agreement by their duly authorized representatives, as of June 30, 1995. ~ority Its: Chair Dated: June 28, 1995 Va~G~strict By~ President, Board of Directors Dated: ~5' , 1995