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Reso 0856-07/1989RESOLUTION NO. 856 RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT ORDERING THE (AMERICAN PRODUCTION HOUSING REORGANIZATION) INTO THE VALLECTIOS WATER DISTRICT AND SEWER IMPROVEMENT DISTRICTS 5 AND 6 WHEREAS, a petition for the annexation District was filed with the Executive officer of the Commission of the County of San Diego; and to the Vallecitos Water Local Agency Formation WR~w~AS, the Executive Officer of the Local Agency Formation C~u~ssion ba.~ examined the petition and determ/ned that it is signed by the requisite number of signers, and bas attached her certificate to the petition showing the results of her exam/nation, as provided in Govek~,,~nt Code Section 56150 and 56162, inclusive; a~d WHEREAS, the land described in said petition is the land hereinafter described in Exhibit "A" attached hereto, and the owners of the land have given their written consent to said annexation; and WR~KEAS, the owner of the land described in this resolution have advanced to the Vallecitos Water District the costs of this annexation, including, but not limited to, advertising, engineering and attorney's fees; WHEREAS, the inclusion of said land will be for the best interest of the District; and WR~KEAS, the inclusion of said land will be for the best interest of the land, and the owners thereof consents to the inclusion of said land in the District; and WHEREAS, the Board of Directors detelanines that all of the land described in said petition and hereinafter described shall be included in the District; that the p:ings 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 Govek~m~nt Code of the State of California. NOW, THEREFORE, ME IT RESOLVED BY THE BOARD OF D/1RECTORS OF THE V'~.T,'I'P. CITOS 'WATER DISTRICT, as follows: Section 1: The Board of Directors of the Valleoitos Water District does hereby order the annexation of all of the land described in the petition above referred to. Exhibit "A" attached hereto and incorporat~__ herein, is the legal description of the land included within the Vallecitos Water District pursuant to this resolution and the p~ings above referred to, which said description is sufficient to identify this land. -1- Resolution No. 856 Page 2 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 & 6. Section 2.4 Payment by the petitioner of the sum of ($67,152.76) to cover the costs of annexation, which include attorney's fees; publication, filing fees and miscellaneous costs of annexation. Section 2.5 Payment by ($696.92) per acre or fraction thereof for the Vallecitos Water District for the property of the District. the petitioner of the sum of annexation of the territory into use or right of use of the existing Section 2.6 Payment by the petitioner of the sum of ($2,653.47) per acre or fraction thereof for annexation into Impl-ovement Districts 5 & 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 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 Section 2.9 Annexation to the Metropolitan (MET) and the San Diego County Water Authority (CWA) subject to conditions of both the MET and the CWA. Water District the terms and Section 2.10 The property owner shall, at his expense, remove the existing VID 12" water line fi-~, the property and replace it with an 12" water line in Rees Road. The incremental cost of upsizing the line to an 18" line shall not be borne by property owner or developer of project. Section 3: This resolution shall become effective immediately upon its final passage. Section 3.1 This resolution is adopted pur~anttoSection 56322 of the Govel~m~unt Code of the State of California ~ pur~3ant to Resolution No. (R088-24) of the Local Agency Formation Cu,~u,~ssion adopted (Decei0ber5, 1988) Resolution No. R56 Page 3 Section 3.2 This resolution is adopted after notice and hearing in accordance with Section 57025 of the Govek~uL~ant COde of tb~ State of California, and the resolution of the Local Agency Formation O~m,,~ssion as aforesaid. Section 4: ~he Local Agency Formation C~,~ssion sha] l CkaL~ly with the provisions of the Govel-xm~nt 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 R~solution and certificates stating that this resolution is effective. ~ne Secretary of the Local Agency Formation C~lm~ission shall further comply with the p;-ovisions of the Govet~,,~nt 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 ~-_cting held on this 7th day of July 1989 by the following roll call vote: AYES: Directors NOES: Directors A~qTAIN: Directors ABSENT: Directors Ferguson, Mahr, Mason Burton, Newport WStanl~y A. _Mah~, President Board of DireCtors Vallecitos Wa~r District William W. Rucker, Secretary Board of Directors Vallecitos Water District "AMERICAN PRODUCTION HOUSING REORGANIZATION" TO THE SAN MARCOS WATER DISTRICT RO 88-24 All of lots 1 and 2 and a portion of adjacent streets in Block 14 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, lying within the following described boundaries: BEGINNING at the intersection of the center line of the 66 foot road between Blocks 13 and 14 as shown on said Map No. 806, now known as Rees Road, and the northeast boundary of said Rancho Los Vallecitos de San Marcos; Thence southwesterly along said center line to the center line of the 66 foot road between blocks 14 and 15 of said Map No. 806, now known as El Norte Parkway; 2. thence northwesterly along said center line to the northeasterly prolongation of the southeasterly line of lot 6 in said block 15; thence southwesterly along said prolongation to the northeast corner of said lot 6, being also an angle point in the boundary of San Marcos County Water District as established by their Resolution No. 694, adopted June 4, 1984 by the Board of Director's of said District; 4. thence north 54° 30' west, 300.00 feet to the northwesterly line of the southeasterly '300.00 feet of said lot 6; 5. thence northeasterly along the prolongation of said line to the center line of said El Norte Parkway; 6. thence northwesterly along said center line to the southwesterly prolongation of the northwesterly line of said lot 2; 7. thence north 36° 16' east to the north west corner of said lot 2; 8. thence south 54° 43' 41 east along the northeasterly boundary of Rancho Los Vallecitos de San Marcos to the point of BEGINNING. EXHIBIT "A" Approved by the Locsl Agency Formstlon Commission of San Diego DEC - 5 1988