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Reso 1155-09/2001RESOLUTION NO. 1155 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 #228-290-03, 04, 05, 45, 47 & 49 (PARCELS 1 & 2) VANGUARD ESCONDIDO, LLC 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. 1155 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 $800.00 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 5th day of September, 2001, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: MASON ATTEST: William W. Rucker, Secretary Board of Directors Vallecitos Water District CRUZ, DAVY, HANNAN, FERGUSON MargaryE. Ferguson, Presiden Board .f Directors Vallecitos Water District EXHIBIT "A" Resolution No. 1155 Page 3 ft -1JUSTMENT CITY OF ESCONDIDO 0 P.O.B. PARCEL 1 N27'33'36°E 431.04 Ll A IN o —1 CO toPI z Nr.t1'1 oi x' O- �� ci U1 W N27'27'44"E _ 423.57— tP C) --1 PROPOSED R N 27'42'00"E 417.04' - N CC, N27'28'34"E 408, 64' i7 1-- N co 1J) v; ;;C) F- - z —1 Q 0 200 N27'26'02°E 367.00' EXHIBIT "A" 400 GRAPHIC SCALE r7 33.00' z c�+ OWNER / DEVELOPER VANGUARD ESCONDIDO L.L.C. 11146 DOVERHILL RD. SAN DIEGO, CA. 92131 PHONE: (858) 689-1449 LEGAL DESCRIPTION PORTIONS OF LOTS 9. 10, AND 11, BLOCK 1 OF THE RANCHO VALLECITOS DE SAN MARCOS. MAP 808. ASSESSOR PARCELS 228-290-3, 4, 5, 45, 47 & 49 SITE ADDRESS 1441, 1451, 1531 MONTEL ROAD ESCONDIDO, CA, 92026 NOTES 1. THERE ARE NO EXISTING STRUCTURES ON EITHER PARCEL. 2. PARCEL AREAS: PARCEL 1 204,539 S.F. PARCEL 2 216,403 S.F. 4144441444L o ti_ sry r e H 4 —6D— ESC0NGIDU SITE TBG. PG. 1129, GRID E2 VICINITY MAP NO SCALE ntaC • C1C' J4 A8 NOI1iV ANVNIY A9 NOIIDV 1VN11 HEALTH DEPARTMENT CERT1FfCATlON FOR DEPARTMENTAL USE ONLY EXHIBIT "A" Resolution No. 1155 Page 4 LEGAL DESCRIPTION PARCEL 1 TT-TOSE PORTIONS OF LOTS 9 AND 10 IN BLOCK 1. OF RANCHO LOS VALLECITOS DE SAN MARCOS, IN THE CITY OF ESCONDTDO, 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, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 9, SAID CORNER .BE[NG ON THE SOUTHERLY RIGHT-OF-WAY LINE OF MONTIEL ROAD AND 33.00 FEET SOUTHWES"I'ER.LY Of 'THE CEN'I'LRLINE OF SAID ROAD: THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF MONTUEI. ROAD, SOUTH 62°18'00" EAST 509,32 FEET; THENCE SOUTH 27°42'00" WEST 41.7.04 FEET TO A POINT ON TEIE NORTHERLY RIGHT-OF- WAY LINE OF STATE ROUTE 78, DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JANUARY 23, 1973 AS FILE NO. 73-019564 OF OFFICIAL RECORDS; TI---ONCE ALONG SAID RIGHT-OF-WAY LINE NORTH 64°53' 19" WEST 144.38 FEET; THENCE CONTINUING ALONG SAID RIGHT -OE -WAY LINE, NORTH 63°28'34" WEST 364.12 FEET TO A POINT ON THF. WESTERLY LINE OF SAID LOT 9; THENCE ALONG SAID WESTERLY LINE NORTH 27'33'36" EAST 431.04 FEET TO THE POINT OF BEGINNING. EXHIBIT "A" EXHIBIT "A" Resolution No. 1155 Page 5 LEGAL DESCRIPTION PARCEL 2 THOSE PORTIONS OF LOTS 1.0 AND 11 IN BLOCK 1 OF RANCHO LOS VALLECITOS DE SAN MARCOS, IN THE CITY OF ESCOND[DO, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 806 FTT..FD IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIE.GO COUNTY. DECEMBER 21, 1895, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 9 [N BT..00K 1 OF RANCHO LOS VALLECITOS .DE SAN MARCOS, SAID CORNER BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF MONTTEL ROAD AND 33.00 FEET SOUTHWESTERLY OF THE CENTERLINE OF SAID ROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE OF M:ONTIEL ROAD, SOUTH 62° 18'00" EAST 509,32 FEET TO THE TRUE -POINT -OF -BEGINNING; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE, SOUTH 62°18'00" EAST 514.63 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 11; THENCE ALONG THE FASTERLY LINE OF SAID LOT 11, SOUTH 27°28'02" WEST 367.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROUTE 78. DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED .IANUARY 23, 1973 AS FILE NO, 73-019564 OF OFFICIAL RECORDS; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 69°29' l7" WEST 332.79 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE NORTH 64°53'1.9" wEST 186.13 FEET; THENCE NORTH 27°42'00" EAST 417,04 FEET TO THE TRUE - PO INT-OF-BEGINNNIN G . EXHIBIT "A"