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Reso 0874-04/1990 RESOLUTION NO. 874 RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT ORDERING THE THE ANNEXATION OF CERTAIN PROPERTY DESIGNATED (MULBERRY ACRES REORGANIZATION) INTO THE VALLECITOS WATER DISTRICT AND SEWER IMPROVEMENT DISTRICTS 5 AND 6 AND DETACHING CERTAIN PROPERTY FROM VISTA IRRIGATION DISTRICT WHEREAS, a petition for the annexation to the Vallecitos Water District was filed with the Executive Officer of the Local Agency Formation Commission of the County of San Diego; and WHEREAS, the Executive Officer of the Local Agency Formation Commission has examined the petition and determined that it is signed by the requisite number of signers, and has attached her certificate to the petition showing the results of her examination, as provided in Government Code Section 56150 and 56162, inclusive; and WHEREAS, the land described in said petition is the land hereinafter described in Exhibit "A" attached hereto, and the owner(s) of the land has/have given written consent to said annexation; and WHEREAS, the owner(s) of the land described in this resolution has/have advanced to the Vallecitos Water District the costs of this annexation, including, but not limited to, advertising, engineering and attorney's fees; and WHEREAS, the inclusion of said land will be for the best interest of the District; and WHEREAS, the inclusion of said land will be for the best interest of the land, and the owner(s) thereof consents/consent to the inclusion of said land in the District; and WHEREAS, the Board of Directors determines that all of the land described in said petition and hereinafter described shall be included in the District; 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 District Reorganization Act of 1965, beginning with Section 56000 of the Government Code of the State of California. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT, AS FOLLOWS: SECTION 1: The Board of Directors of the Vallecitos Water District does hereby order the annexation of all of the land described in the petition above referred to. Exhibit "A" attached hereto and incorporated herein is the legal description of the land included within the Vallecitos Water District pursuant to this resolution and the proceedings above referred to, which said description is sufficient to identify this land. Resolution No. 874 Page Two SECTION 2: The conditions of said annexation are as follows: Section 2.1: The annexation is for water and sewer service. Section 2.2: The assumption of the territory of liability for payment of a proportionate share of all principal and interest which shall become due on account of all outstanding water and sewer service bonds of the Vallecitos Water District and the levying and collection of taxes in the territory necessary to provide for such payment. Section 2.3: Annexation of the territory into the existing Vallecitos Water District and Sewer Improvement Districts 5 and 6. Section 2.4: Payment by the petitioner(s) of the sum of ($32,422.72) to cover the costs of annexation, which include attorney's fees, publication, filing fees and miscellaneous costs of annexation. Section 2.5: Payment by the petitioner(s) of the sum of ($696.92) per acre or fraction thereof for annexation of the territory into the Vallecitos Water District for the use or right of use of the existing property of the District. Section 2.6: Payment by the petitioner(s) of the sum of ($2,653.47) per acre or fraction thereof for annexation 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 2.7: Concurrent detachment from Vista Irrigation District and Bueno Colorado Municipal Water District and payment of all fees. Section 2.8: Execution by owner(s) of territory an Assignment of Waiver of Rights in favor of Vista Irrigation District (VID) covering in general the right to the delivery of water from the local water supply owned by the District. Section 2.9: The property owner(s) shall enter into a written agreement with the Vista Irrigation District and the Vallecitos Water District regarding the transfer of service. Section 2.10: Annexation to Metropolitan Water District (MET) and the San Diego County Water Authority (CWA) subject to terms and conditions of both MET and CWA. SECTION 3: This resolution shall become effective immediately upon its final passage. Section 3.1: This resolution is adopted pursuant to Section 56322 of the Government Code of the State of California and pursuant to Resolution No. R089-10 of the Local Agency Formation Commission adopted January 8, 1990. Resolution No. 874 Page Three Section 3.2: 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, and the resolution of the Local Agency Formation Commission as aforesaid. SECTION 4: The Local Agency Formation Commission shall comply with the provisions of the Government Code Section 56450 through Section 56457, and shall file with the Secretary of State and with the County Recorder of San Diego County, certified copies of this Resolution and certificates stating that this resolution is effective. The Secretary of the Local Agency Formation Commission shall further comply with the provisions of the Government Code Section 54900, et seq., by filing with the State Board of Equalization and with the County Assessor of San Diego County statements of change of boundary together with a map or plat of the area to be assessed. PASSED AND ADOPTED by the Board of Directors of the Vallecitos Water District at a regular meeting held on this 2nd day of April, 1990, by the following roll call vote: AYES: Blalock, Burton, Newport NOES: ABSTAIN: ABSENT: Ferguson, Mason Vallecitos Water District ATTEST: William W. Rucker, Secretary Board of Directors Vallecitos Water District RO89-20 'MULBERRY ACRES REORGANIZATION" (VALLECITOS WATER DISTRICT) All that portion of Lots 3 and 4 and a portion of adjacent street in Block 32 of Rancho Los Vallecitos De San Marcos, in the County of San Diego, State of California, according to Map thereof No. 806, Filed in the County Recorder's Office of San Diego County, December 21, 1895, lying within the Following described boundaries: Beginning at the northeasterly corner of the southwesterly half of said Lot 4, as shown on record of Survey Map No. 8266, Filed in the County Recorder's OFfice of San Diego County; 1. Thence south 29052'46" east, 659.15 Feet along the southeasterly line of said Lots 4 and 3 to the southeasterly corner of the northeasterly half of said Lot 3; 2. Thence north 600,$2'53" west along the southwesterly line and the northwesterly prolongation thereof of said northeasterly half of said Lot 3 to the center line of Mulberry Drive, 66.00 feet wide, as shown on said Map No. 806; 3. Thence northeasterly along said center line to the northwesterly prolongation of the northeasterly line of the southwesterly half of said Lot 4. Thence south 60°32'51" east (record - south 60032'37" west) along said prolongation and northwesterly line to the point of beginning. Approved by the Local Agency Formation Commission of San Diego JAN - 8 1990 Exhibit A Page I of 1 ih:cg LAFCO 1/18/90 Z~OAC BLK.~,2 (~) I Ai;proved by the Local Agency Formation Commission of ~an Diego JAN - 8 1990 · MAP 806-RANCHO LOS VALLECITOS DE SAN MAR~OS z~-6, zz--c, ~5 DATE: 8--30--89 MAPPING DIVISION LAFCO: RO89-10 SCALE: NO SCALE SAN DIEGO COUNTY ASSESSOR'S OFFICE AREA: 10. 50 AC, "MULBERRY ACRES REORGANIZATION"-- B/L: T.R.A. PAGE: 84--G ANX. TO VALLECITOS WATER DISTRICT 182-132-17 DETACH. FROM VISTA IRRIGATION DISTRICT& THOMAS eROS: 16E-3 DRAWN BY: N. ZAMORA BUENO COLORADO MUNI.WATER DISTRICT