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Reso 1162-12/2001RESOLUTION NO. 1162 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 #224-170-24; MCCLELLAN 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. 1162 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 $350.00 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 19th day of December, 2001, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CRUZ, FERGUSON, HANNAN, MASON, DAVY Paul A. Davy, Pr Board of Directors Vallecitos Water District ATTEST: ws0 ,)C)--Q William W. Rucker, Secretary Board of Directors Vallecitos Water District Resolution No. 1162 Pagc 3 r--EXHIBIT SITE BOROEN VICINITY MAP KTS. A Q 11O9 s 0 0 0 -a Co ill , 101" -4 24 A) N01'27'30"E 440.18' B) N56'54'54"E 269.73' C) S81'54'00"E 105.73' D) N01'27'30"E 474.51' E) N73'55'00"E 350.29' 1 VALLECITOS WATER DISTRICT Date; 12-12-01 Scale; N.T.S. A.P.N.; VARIOUS McCLELLAN PROPERTY 224-170-24 ANNEXATION INTO I.D. NO. 5, 6 Drawn Byt D.J.L. Doc. No. V.W.D. Chk.; L.G. Resolution No. 1162 Page 4 EXHIBIT "A" All that portion of Lots 7 and 10 in Section 6, Township 12 South 2 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to Official Plat thereof, described as follows: Beginning at Post or Corner No.4 of Rancho Los Vallecitos Da San Marcos, according to Man thereof No. 806 on file In the Office of the County Recorder of San Diego County; thence on a inc parallel with the East fine of said Lot 10 and the Northerly prolongation thereof, North 1 °27'30" East, (Record North 1°16'30' East) along the West line of land conveyed to Elmer C. Risdon by deed recorded June 8, 1909, in Book 466, Page 195 of Deeds in said Recorder's Office, a distance of 564.52 feet (record 564.05 feet), more or Tess, to the Southerly boundary of that certain tract of land conveyed to the County of San Diego by deed dated May 9, 1931 and recorded In Book 1892, Page 245 of Deeds; thence North 81 °54' West ?record North 82°05' West) along said Southerly boundary of said San Diego Count/ Land and the Westerly prolongation thereof 336.25 feet; thence South 1 °27'30' West parallel with said Westerly boundary of said Risdon land, 708,99 feet, more or less: to said Northerly bounder/ of said Rancho; thence North 73°55' East along said Northerly boundary 350.29 feet to the Point of Beginning. Excepting therefrom that portion of Lots 7 and 10 in Fractional Section 6, Township 12 South, Range 2 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey described as a whole as folIcwsr Beginning at Corner No. 4 of Rancho Los Vallecitos De San Marcos, according to Map thereof No. 806, filed in the Office of the County Recorder of said San Diego County December 2.1, 1595; hence South 73°55'00' West along the Northwesterly boundary thereof 350.29 feet; thence North 1 °27'30" East 440.18 feet; to the True Point of Beginning; thence North 56°54'54" East 269.73 feet; thence Ncrth 8°06'00" East 58.30 feet; thence South 81 °54'00" East 105.73 feet to a point in the Westerly line of the land conveyed to Elmer G, Resdon by deed recorded in Book 466, Page 195 of Deeds, Official Records of said San Diego County; thence North 1 °27'30" East (record North 1 °16'30" Fast) along said Westerly fine 31.30 feet to a point in the Southerly line of that certain tract of land conveyed to the County of San Diego by deed recorded In Book 1892, Page 245 of Deeds, Official Records of said San Diego County; thence North 81°54'00" West along said Southerly fine and the Westerly prolongation thereof 336.25 feet to a line which bears North 1 °27'30" West from the True Point or Beginning; thence South 1'27'30" West 268,81 feet to the True Point of Beginning. Also Excepting all that portion of Lot 7 in Fractional Section 6, Township 12 South, Range 2 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to Official Plat rhereof, described as follows: Begirning at Corner No. 4 of Rancho Los Vallecitos De San Marcos, according to Map thereof No. 806, filed in the office of the County Recorder of San Diego County, December 21, 1895; t'tence South 73°5,5'00" West along the Northwesterly boundary thereof 350.29 feet; thence North 1 °27'30" East 1 of 2 Resolution No. 1162 Page 5 EXHIBIT "A" 440.18 feat; thence North 56°64'54" East 269.73 feet; to the True Point of Beginning; thence North 8°06'00" East 58.30 feet; thence South 81 °54'00" East 105.73 feet to a point in the Westerly line of the land conveyed to Elmer C. Risdon by deed recorded in Book 466, Page 195 of Deeds, Official Records of said San Diego County; thence South 1 °27'30" West (record South 1 °16'30" Westiaiong said Westerly line Beginning; thence North 181e°54'00"et to a IiWest 112.69 feet ne which bears South the TruTrue Point of e Point of Beginning. Assessor's Parcel No: 224-170-24 2 of 2