Reso 1146-04/2001RESOLUTION NO. 1146
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 #221-091-09 AND PORTIONS OF APN #221-091-07 AND 08
S.M. PROMINENCE, INC.
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 identify the land.
Resolution No. 1146
Page 2
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 $1,500.00 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 18th day of April, 2001, by the following roll call vote:
AYES: CRUZ, DAVY, HANNAN, MASON, FERGUSON
NOES:
ABSTAIN:
ABSENT:
Margars E. Ferguson, Pres;-ent
Board rf Directors
Vallecitos Water District
ATTEST:
William W. Rucker, Secretary
Board of Directors
Vallecitos Water District
r
Resolution No. 1146
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EXIT "A"
LEGAL DESCRIPTION - ANNEX PARCEL
THAT CERTIAN PARCEL OF LAND OVER PORTIONS OF LOTS 7, 8, 9 AND A PORTION
OF CAMPUS VIEW DRIVE, C1TY OF SAN MARCOS TRACT NO. 347, IN THE CITY OF SAN
MARCOS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 12591, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO ON MARCH 29, 1990, WITHIN SECTION 14, TOWNSHIP 12 SOUTH, RANGE 3
WEST, SAN BERNADINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 9 OF SAID MAP NO. 12591, BEING
A POINT ON THE SOUTHERLY BOUNDARY LINE OF MAP 12591 AND SAID SECTION
14; THENCE, NORTH 88° 57 48" WEST 1,306.24 FEET ALONG THE SOUTHERLY
BOUNDARY LINE OF SAID MAP 12591 AND SECTION LINE; THENCE, NORTH 89 ° 30' 09"
WEST 400.701EET TO THE SOUTHWEST CORNER OF SAID LOT 7, ALSO BEING A POINT
ON THE EASTERLY RIGHT WAY LINE OF TWIN OAKS VALLEY ROAD; THENCE,
LEAVING SAID SOUTHERLY BOUNDARY LINE OF MAP 12591 AND SECTION LINE,
NORTH 08° 42' 57" EAST 287.99 FEET TO THE POINT OF INTERSECTION WITH THE
SOUTHERLY BOUNDARY LINE OF RANCHO VALLECITOS DE SAN MARCOS; THENCE,
LEAVING SAID EASTERLY RIGHT OF WAY LINE, NORTH 55 ° 47 06" EAST 892.39 FEET
ALONG SAID BOUNDARY OF RANCHO VALLICITOS DE SAN MARCOS TO THE POINT
OF INTERSECTION WITH THE NORTHERLY BOUNDRY LINE OF MAP 12591; THENCE,
LEAVING SAID BOUNDARY LINE OF RANCHO VALLICITOS DE SAN MARCOS, SOUTH
89 ° 52' 32" EAST 362.20 FEET ALONG SAID NORTHERLY BOUNDARY LINE OF MAP
12591 TO THE NORTHWEST CORNER OF LOT 9 AND MAP 12591; THENCE LEAVING
SAID NORTHERLY BOUNDARY LINE, SOUTH 34 ° 42' 22" EAST 988.69 FEET ALONG THE
EASTERLY BOUNDARY LINE OF SAID LOT 9 AND MAP 12591 TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 920,318.3 SQ. FT. (21.128 ACRES), MORE OR LESS
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EXHIBIT "A"