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Reso 0859-08/1989RESOLUTION NO. 859 RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT ORDERING THE ANNEXATION OF CERTAIN PROPERTY DESIGNATED (BREN COMPANY) ANNEXATION INTO SEWER IMPROVEMENT DISTRICTS 1, 2 & 6 OF THE VALLECITOS WATER DISTRICT BE IT RESOLVED BY THE BOARD OF DIRECTORS OF ~ %LAT.TFCI~ W~ZI~ DISTRICT as follows: Section 1: to be true: The following facts are hereby found and determined Section 1.1: That the Vallecitos Water operates, and mintains a sewage disposal system under and Improvement Districts 1 2 & 6 of the Vallecitos Water District. District owns, by virtue of Section 1.2: ~hat the owners of the land described in this resolution have given their written consent to the annexation of said lands to the imp¥ovement 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 t_his 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 designated improvement districts will designated improvement district. inclusion of said land within the be for the best interest of the 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 in~rovement 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 ge~ne and sufficient and in all respects core,plied with the Water Code of the State of California comencing 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 /mprovement Districts 1, 2 & 6 of the Vallecites 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. 859 Page 2 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 1, 2 & 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 1, 2 & 6 of the Vallecitos Water District are as follows: Section 3.1: Payment by the petitioners of the sum of ($2,653.47) per acre or fraction thereof for annexation into Improvement Districts 1, 2 & 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 ($190,744.59) 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 imp¥ovement district from and after the filing with the San Diego County Assessor of a certified copy of this resolution as set forth in Section 23553 of the Water code of the State of California. SECTION 4: This resolution shall become effective Lm-~-~diately upon its final passage; this resolution being adopted pursuant to Section 32552 of the Water Code of the State of California. Th{m resolution being adopted without notice and hearing and without an election being conducted in said territory, all in accordmnce with Section 32552 of the Water Code of the State of California. The Secretary of this District sb~ll o~-~ly 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. -2- Resolution No. 859 Page 3 PASSED, APPROVED AND ADOPTED by the Board of Directors of the Vallecitos Water District at a regular meeting held on this 7th day of Au§ust, 1989 by the following roll call vote: AYES: DIRECTORS: NOES: DIRECTORS: A~qTAIN: DIRECIORS: ABSENT: DIRECTORS: Ferguson, Mason, Newport Burton Dale Mason, Vice President Board of Directors Vallecitos Water District William W. Rucker, Secretary Board of Directors Vallecitos Water District -3- LEGAL DESCRIPTION SAN MARCOS TRACT NO. 316 THE LAURELS THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, .ACCORDING TO OFFICIAL PLAT THEREOF, AND PARCEL A OF PARCEL MAP NO. 15608 FI?.mD IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, ALL IN THE CITY OF SAN MARCOS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID PORTION MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL A; THENCE ALONG THE WEST LINE OF SAID PARCEL A, NORTH 00045'29'' EAST 338.91 FEET (NORTH 00°45'16" EAST PER PARCEL MAP NO. 15608); THENCE LEAVING SAID LINE ALONG THE NORTH LINE OF SAID PARCEL A, NORTH 60°05'05'' EAST 823.12 FEET (NORTH 60004~52" EAST PER PARCEL MAP NO. 15608) TO THE BEGINNING OF A TANGENT 1010.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07016'35'' A DISTANCE OF 128.26 FEET; THENCE TANGENT TO SAID CURVE NORTH 52°48'31'' EAST 219.53 FEET TO THE BEGINNING OF A TANGENT 335.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°20'08'' A DISTANCE OF 165.67 FEET; THENCE TANGENT NORTH 81008'39'' EAST 179.01 FEET (NORTH 81008'26'' EAST 179.16 FEET PER PARCEL MAP NO. 15608) TO THE EAST LINE OF SAID PARCEL MAP NO. 15608; THENCE ALONG SAID EAST LINE NORTH 00°13'54'' EAST 230.95 FEET (NORTH 0°14'09'' EAST PER PARCEL MAP NO. 15608) TO THE SOUTHERLY BOUNDARY OF SAN MARCOS TRACT NO. 265, MAP NO. 11640, SAID POINT'ALSO BEING THE CENTER LINE OF SAN MARCOS BOULEVARD; THENCE ALONG SAID CENTERLINE AND BOUNDARY NORTH 78039'13,, EAST 1334.40 FEET (NORTH 78°41'19" EAST 1337.01 FEET PER MAP 11640); THENCE LEAVING SAID CENTERLINEAND BOUNDARY ALONG THE WESTERLY LINE OF LOT 129 OF SAN MARCOS TRACT NO. 204 MAP NO. 10686 SOUTH 00016~41'' EAST 1785.06 FEET (NORTH 00°19'48" WEST 1785.22 FEET CALC PER MAP NO. 9171); THENCE NORTH 89°19t01" WEST 1323.18 FEET (NORTH 89°21t41'' WEST 1323.13 PER MAP NO. 9171) TO THE SOUTHEAST CORNER OF SAID PARCEL A OF PARCEL MAP NO. 15608; THENCE ALONG THE SOUTH LINE OF SAID PARCEL 2 NORTH 89017'49'' WEST 1323.25 FEET TO THE POINT OF BEGINNING. TOTAL AREA WITHIN THE SUBDIVISION BOUNDARY IS 71.946 AORES .G, 1523.27' 1525.I5' i I POR. SEC. I? V/CINITY MAP A, N 0°45'16'' E 50.42' B. N 89°14'44" W 250.00' C. N 0°45'I6"E 500' D. N 89°14'44"W 500.00' E. N 81°08'26''E 179.16' F. A 28°20!08'' R= 535.00' L= 165.67' G. N 52°48'18"E 219.55' H. A 07°16'54'' R--IOIO.O0' L= 128.26' Date: 7-31-89 ScaPe: NONE ,&. P. N. 221- 021- 1,6,7 VALLEClTOS ANNEXATION BREN WATER I.D. 1,2 ~ CO. DISTRICT 6 I Drawn By: P. C. Doc. No. I~evised: