Reso 0944-06/1993 RESOLUTION NO. 944
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
VALLECITOS WATER DISTRICT
ORDERING THE ANNEXATION OF CERTAIN PROPERTY DESIGNATED
"SWITGALL ANNEXATION" INTO
SEWER IMPROVEMENT DISTRICTS 5 AND 6 OF THE
VALLECITOS WATER DISTRICT
NOW, THEREFORE, 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 and 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 and 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. 944
Page Two
SECTION 2: The Board of Directors of the Vallecitos Water District
does hereby order the annexation of all of the lands hereinafter described to
Improvement Districts 5 and 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.
SECTION 3: The conditions of said annexation to Improvement
Districts 5 and 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 and 6 (together, not individually) for the use or right of use of the
existing property in the improvement districts.
SECTION 3.2: Payment by petitioners of the sum of $500.00 to
cover costs of annexation, which include 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 16th day of June,
1993, by the following roll call vote:
AYES: Cruz, Ferguson, Gregoryk, Mason
NOES:
ABSTAIN:
ABSENT: Newport
Vallecitos Water District Vallecitos Water District
EXIHIBIT "A"
SWITGALL'S LEGAL DESCRIPTION
THE NORTHEASTERLY 118.00 FEET OF THE NORTHWESTERLY HALF OF LOT
14 IN BLOCK 7, OF RANCHO LOS VALLECITOS DE SAN MARCOS, IN THE CITY
OF SAN MARCOS, 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: 228-370-10
VICIMITY MAP
VALLECITOS WATER DISTRICT
Dote: 6-8-93 Drown By: LG
ANNEXATION INTO SEWER I.D. 5 & 6
sc~e: NONE Doc. No.
A.EN. 228-370'10 SWITGALL ACREAGE: .447