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Reso 1234-01/2005 RESOLUTION NO. 1234 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 #226-310-39 GARCIA 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 ofthe 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 ofthe 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 ofthe 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. ~ ! I Resolution No. 1234 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 5TH day of January, 2005, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: DAVY,GENTRY,HANNAN,SHELL,FERGUSON '. Margar E. Ferguson, Pr dent Board of Directors Vallecitos Water District Á TTEST: WJ2D~ William W. Rucker, Secretary Board of Directors Vallecitos Water District Resolution No. 1234 Page 3 EXHIBIT "A" 1 0F 2 13121 ORDER NO.: 287429-03 EXHIBIT A (LEGAL DESCRIPTION) Parcell. Tbat port:.ion of Lot.:!., Block J.3 of Rancho Los Vallec:itos de San Marcos, 'in t:!îe COunty of San Diego, Statè 'Of Califoxuia, acco:r:ding t'O Map thereof N'O. 805, filed'in t!ie Offic:e of the County Recoraer of san Diego County, DecellÛ:>er 21, 1895, described as fol~ws: Begw1ng at the most Westerly c:o;¡;ner of said Lot J., Block 13; thence North 35'36'00· Ea..t 652.81 fee,!: to the MOst N""therly corner of said Lot 1; t:hea.ce N'Orth aa~30' 00· East 187.89 feet: to '!:be Westerly line of the land desorlbed in deed to Clarence: E. c!u::tstophe:", et 'w<, :¡:,e<::orded AUgust 5, 195a as File/page NO. 1262J.6 of Offi4&1 ¡¡ecow; &henc:e SOUth 01"06'15" Bast along said Westerly line 152.50 feet to an acsle,point therein; thence 'South 35"36'QO" West 10,00 feet to the T:rue Point of :Beginni;QS, thence South 540"39'3011 East 245.30 feet to the most Southerly corner of said land; thence South 3S"36'00rr West parallel with the Northweste:¡:,ly line of said Lot 1, a distance of 184.79 feet, tnore or less to the most Easl¡er1y corner of land desÅ“ibed in deed to ,J1at:dc:T< M. Fo!>e", ..t al, o:ecord..d Augu¡¡t J.4, 1970 as File/Page No. 145J.38 of Official Ii\ecords, thana.. pu-a.ll..l with the Southerly line of said Lot 1, l>\"'Orth 84."47'aO- West, 50.00 feet, tbence at "ight 'angles North 05'J..2'30· East, !!3.00 feet; thenc:e parallel wi!:h the Southerly line of said Lot 1, Nor¡:¡' 84"47'30· ¡¡est, 145.06 feet t'O the Southeasterly boundary of that 60.00 foot easement desozibad. in deed to Edwa.rd:R. Fobes, et &1, recorded AUgt1"t 27, 1962 as File/Pege No. 1474¡;0 of Offic::tal Records; thence at :daht angles to s....d southeasterly lin" North 54"24'00" West. 30.00 feet to the centerline of said 60.00 feot easelUent, thence North 35°36'00" East to the True point of :Beginning. Parcel 2: .An eMem..",t and right of way f'Oo: road and pUblic: utility pu:¡:oposes ovs", under, &10;QS and sc:ross a st:>;ip Of l¡¡J d 60.00 feet in width., lying within Lot 1 in Book J.3 of 1!anCbo Los vall..c:itos de San. Mar"os, in the aounty of Sa" Diego, State 'Of california, ac:cordi"S' to . Map thereof No. 806, filed in the Offic:e of the County Rec:order of .San Diego COunty, PIOc:ember 21, i895, the ce",ter line of "aid aasement !>eing descril:>ed as foUows, Beginning at the most N'Ortherly corner of Parcel J. he1;'einabove described; t;J:¡euce South 3S036'00" w..~ to th~ Southerly line of said Lo~ J., said easement to terminate Sout;hw..steily" in thQ South~ly line of said. Lot 1. EXcepting th~ef"o.. that portion lying witlrln Parcel l described.. Resolution No. 1234 Page 4 EXHIBIT "A" N Jd r I! LOT POR EL NORìE PARKWAY J ~. èj ~ çf Q:-"<" . f MAP 806(581 )-RANCHO LOS VALLECITOS DE SAN MARCOS POR LOT 1 BLK 13 A) S· 35'36'00· W 202.33' B S 54'39'30" E 245.30' C S 35'36'00" W 184.79' o N 00'17'05" W 334.86' E N 05'12'30" E 93.00' F . N 84·47'30" E 145.06' . G N 54'24'00" W 30.00' SITE VlCINI1Y MAP NO SCAl£ EXHIBIT "A" PAGE 2 OF 2 VALLECITOS WATER DISTRICT Do. te' 12-21-04 Scale: NONE AP.N, 226-310-39 "GARCIA ANNEXATION" INTO VALLECITOS WATER DISTRICT SEWER IMPROVEMENT DISTRICT Dro.wn By' D.L. AREA: 0,83 AC V,\oI.D, Chk. L,G,