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Reso 1209-03/2004RESOLUTION NO. 1209 RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT ORDERING THE ANNEXATION INTO SEWER IMPROVEMENT DISTRICTS 1, 2 & 6 FOR SEWER SERVICE APN'S 222-030-41 & 45, LAKE SAN MARCOS ESTATES 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 1, 2 & 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 1, 2 & 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 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. Resolution No. 1209 Page 2 SECTION 3: The condition of said annexation to Improvement Districts 1, 2 & 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 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 $2,800.00 to cover costs of annexation, which includes 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 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 2nd day of March, 2004, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: DAVY ATTEST: wsou,36)-( William W. Rucker, Secretary Board of Directors Vallecitos Water District CRUZ, FERGUSON, HANNAN, MASON ale Mason, President Board of Directors Vallecitos Water District Resolution No. 1209 Page 3 EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of San Marcos, County of San Diego, State of California, described as follows: THAT PORTION OF PARCEL 3 OF PARCEL MAP NO, 3772, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 9, 1975, DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHEAST ONE -QUARTER OF SECTION 20, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNT( OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS: COMMENCING AT THE FAST ONE -QUARTER CORNER OF SAID SECTION 20, AS SHOWN ON PARCEL MAP NO. 3772, RECORDED MAY 9, 1975, FILE NO..75-112869 IN BOOK OF PARCEL MAPS, PAGE 3772 OF OFFICIAL RECORDS; THENCE NORTH 89 DEG. 37'17" WEST 544.21 FEET ALONG THE NORTH LINE OF SAID SOUTHEAST ONE -QUARTER AS SHOWN ON SAID PARCEL MAP TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 24 DEG. 52'49" WEST 331.34 FEET; THENCE SOUTH 13 DEG. 29'45" WEST 411.36 FEET; THENCE SOUTH 7 DEG. 24'19" EAST, 380.17 FEET; THENCE SOUTH 23 DEG. 54'18" EAST 202.36 FEET; THENCE SOUTH 35 DEG. 1029" EAST 385.37 FEET; THENCE SOUTH 2 DEG. 15'00" EAST 1073.02 FEET MORE OR LESS TO THE SOUTH LINE OF SAID SOUTHEAST ONE -QUARTER BEING THE POINT OF INTERSECTION OF SAID SOUTH LINE OF SAID SOUTHEAST ONE -QUARTER WITH THE WES 1 ERLY LINE OF THAT PARCEL DESCRIBED IN DEED RECORDED JULY 6, 1961 AS DOCUMENT NO. 115184, SERIES 2, BOOK 1961, OFFICIAL RECORDS WHICH LINE BEARS SOUTH 19 DEG. 38'10" EAST AS SHOWN ON SAID PARCEL MAP; THENCE WES 1 tRLY ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE -QUARTER TO THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 20; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SOUTHEAST ONE - QUARTER TO THE CENTER OF SAID SECTION 20 AS SHOWN ON SAID PARCEL MAP, THENCE SOUTH 89 DEG. 36'48" EAST 1331.27 FEET; THENCE SOUTH 89 DEG. 37'17" EAST 787.24 FEET TO THE TRUE POINT OF BEGINNING. 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