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
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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