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Reso 1154-08/2001RESOLUTION NO. 1154 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 228-370-12 SWITGALL FAMILY TRUST 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. 1154 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 $600.00 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 15th day of August, 2001, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: HANNAN ATTEST: William W. Rucker, Secretary Board of Directors Vallecitos Water District CRUZ, DAVY, MASON, FERGUSON Margaret ' . Ferguson, Prsident Board of Directors Vallecitos Water District VICINITY MAP NO SCALE solutio SEE DETAIL LOT 4 EX/-'/5/T /EXHIBIT "A" / `�--... J / �� In LOT 15 / DETAIL N.T.S. A) N 27' 35' 20" E 116.00' B N 62' 15' 00" W 165.03' C N 27' 35' 20" E 116.00' D N 62' 15' 00" W 165.03' VALLECITOS WATER DISTRICT Date: 08-09-01 Scale: N.T.S. A.P.N. 228-370-12 SWITGALL ANNEXATION INTO I.D. 5 & 6 RECORD OF SURVEY MAP NO. 4964 Drawn By: D.J.L. Doc, No. V,W,D, Chk. L.G. EXHIBIT "A" Resolution No. 1154 Page 4 LEGAL DESCRIPTION THE SOUTHWESTERLY 116.00 FEET OF THE NORTHEASTERLY 350.00 FEET OF THE NORTHWESTERLY HALF OF LOT 14 IN BLOCK 7, OF RANCHO LOS VALLECITOS DE SAN MARCOS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED BELOW. PARCEL 1. THE SOUTHWESTERLY 116.00 FEET OF THE NORTHEASTERLY 350.00 FEET OF THE NORTHWESTERLY HALF OF LOT 14 IN BLOCK 7 OF RANCHO VALLECITOS DE SAN MARCOS, IN THE 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. PARCEL 2. AN EASEMENT FOR ROAD AND PIPE LINE PURPOSES OVER, UPON AND ACROSS THE SOUTHWESTERLY 15.00 FEET OF THE NORTHEAS tRLY 234.00 FEET OF THE NORTHWESTERLY HALF AND THE NORTHWESTERLY 15.00 FEET OF THE NORTHEASTERLY 350.00 FEET OF THE SOUTHEASTERLY HALF OF THE SAID LOT 14 IN BLOCK 7 OF SAID RANCHO LOS VALLECITOS DE SAN MARCOS. SAID EASEMENT IS FOR THE BENEFIT OF AND APPURTENANT TO THE PROPERTY DESCRIBED IN PARCEL 1 ABOVE AND SHALL INURE TO THE BENEFIT OF AND MAY BE USED BY ALL PERSONS WHO MAY HEREAFTER BECOME THE OWNERS OF SAID APPURTENANT PROPERTY OR ANY PARTS OR PORTIONS THEREOF. APN: 228-370-12