1959-19
RESOLUTION R59-19
. • ~ OF T:Mf ' • •
BOARD OF DIRECTORS OF SA21 DIE;UITQ IRRI-
' ' GATI111 DISTRICT PRESCRIBING C011DIiI0N3 '
UPON THE IPICLUSIO:NJ OF LAND: ADTOURNIN(3
THE cM,4RIt?G ON SUCH INCLUSIONS: AND
GIVI??G ?'OTICE OF T=M, TIrdE' AND PLACE OF
THE AJJOUF21rD HEA.RING
171-MEAS, the following named owners of the landa
hereinafter described, to wit;
Parcel 8--1, Paul Ecke
Parcel &-2, Leon F. Jr. & Catherine M. Douglass
~ Parcel H-3, Ha,rold E., Everett N., & Ruth Harwood
,
, have petitioned tha,t there be included within t7he Sti,n'Di eguito Irrigati on Di stri ct and concurrently anneaed to
the San Diego County Water Authority and to The bietropoli-
tan Water District of Southern California the following
d escribed lands located within the County of Sa,n Diego,
State of California, to wit:
~r
~s
~
(The description of the property affected by
thie resolution is set forth in full in the original
Re4olution No. R59-19, and is identical with the descrip-
tlbn set forth as F.xhibit A to Resolution R59-11, Exhibit
JI-
of this Transcript.)
. ~ ~
i • - • ' February 23,. 1959 '
.fi'♦. r9~.-'
DESCH~T,~4N
hosq'portions of Sections 15 and 23, TMnship 13 South, Banye 4 Ikat,
U,,' ~t~ the County of San Die4c, State of Californlr, described e~
oaMS : ;
~ -1
Aparcel beinq coincident with an arsa Oaaribed ip the legal desoription
of Besolution 855-13 of the San Dieqwito Irriqation Distriet, poseed aod
adgpted November 8, 1455;
TIet portion of the Mest tieli of the Noxthtesat Quarter of the Southrwtt
Qu*rter of Section 23, Township 13 South, Raage a Mest, S.B,M., acoordinq
ta U.S. 6overment Survey epproved April 19, 1881, described es follows:
8eginoiag at the Nortbwest coraer of the Eeat Iiwlf of the SouthMest
Querter of the Southwe:t Quarter of said Seetion 23, es rho+m on
Rocord of Survey No. 1705, said point of beqinning beinq a1s4 a point
oq Lne bourdary line of the San Diego Coudtr Ikter Authoritr and of
~ those land: of the San Diequito Irrigation Dlstriot that are etithin
• ttie San Dieyo Connty fiater Authority ss of Jun• 30, 1958;
Tbence along said boundary of the San DieQuito Irriyation Distriet
aed the Son Dieqo County Ilater Autti,,-' h• tollo+rinq csursei:
1. Nortt 0047155" East a line of :aid 1(est tali
of the Northmat Qdart 10 m it Qw rter of Seetion 23,
e distance of 30 ieet
~
2. Soutb 84044'35" 1lest al, o ~ 1 Mith the Sontherlr
line of said Mest Hali ` 'i. ~ iartar of the Sontb-
wwst Qdarter of Seciioe . ~ m rth*rly theretram,
178.50 feet to a poiet=
o
3. North 0056141" East alooq .0 ° th tbe Mesterly line
of •ai6 Mest Hali of the Nt • ~ ' the Southwest
Qnarter of Seation 23, said Q m e baiag the Easterlr
liae of Gsdifi Acres, as pt ~ 10 teet to a point;
~ 14
C. South 89044'35" Mest 202 feet ~ o
0
. c~
5. North 0056141" East 250 feet t
6. North 89044'35" East 126 teet to a point;
7. North 0056'41" East 380 f eet to a poiet;
8. North 89044'35" Eaat 252.38 feet, vore or less, to a poitit in
said Eaaterly liee of the Mest Hali of tbe Northweat Quarter of
the SouthMest Qnarier of Section 23;
9. North 0047'55" East alony said Ea:terly liae 265 fset to a poiat;
10. South 89044135" Mest 510.45 1eet, 4ore or less, to a point in a
. line Mhich ia peralle2 Nith and 150 feet Easterlr irom :aid
Alesterly 14ne of the Me:t Half of the Northwest Quarter of
the Southwtt Qwrter ei Seatioa 23;
11. Sodth 0°56'41" Ilest alon-i aaid parallel line 150 feet to a point;
and ' • . . _ : - ~ tiTHEREAS, the hearing upon each of said petitions has
beer duly continued to the date of this meetin;, tday 9, and
T,fH!'MEAS, the Board of Directors of San Diego County
Tater Authority and the Board of Directors of The ?.4etro-
politan Water District of Southern California have each
consented 1;o the annexation of such lands to such County
Water Autnority and to such Metropolitan Water District
concurrently witn their inclusion within this Irrigation
District, and each said Board of Directors did i'ix the
tercne and conditions upon which such annexations might
o c cur; and
WHIIREAB, it appears to the satisfaction of the Board
of Directors of the San Dieguito Irrigation District, and
said Board hereby so finds and determines, that tne inclusion
of such lands within this Irrigation District without their
concurrent annexation to the San Diego County Water Author-
ity and to The Metropolitan Water District of Southern
California, and without the conditions hereinafter speci-
fied, would wurk an injury as to the land already within
the District:
IT IS HEREBY FCUND, DETERMINED, ORDF.'RED AND RESOLVED
by the Board of Directors of the San Dieguito Irrigation
Di st ri ct ae follows:
SECTION 1: That the petitions for the inclusion of
the lands described are properly and duly execut'ed by a
majority of the holders of title to such lands, who are
also the holder9 of title to one half or more of the area
of said tracts of land and in all respects such petitions
comply with Article 1, Cha.pter 2, Part 11, Division 11 of
the Water Code of the State of California.
SECTION 2: Tha.t notice of the filing of such inclusion
petitions z;,nd of the time and place of the hearing thereon
was duly a.nd regularly given in the ma.nner and for the pe-
riod of time required by law, and the hearing upon each of
said petitions ha.s been duly and regularly contiriued until
the present date.
SECTION j: Tha.t the inclusion of such lande without
condition would work an injury as to the land already within
the Irrigation District.
SECTION 4; That the following conditions upon the
incluaion of such lands within the San Dieguito Irrigation
District are hereby prescribed:
I. Said lands upo n inclusion, shall be concur-
rently anneaed to The Metropolitan Water District
of 3outhern California subject to tne terms and con-
ditions upon which such annexation may occur ae
fixed and determined by the Board of Directors of
such Metropolitan Water Digtrict by its Resolution
No. 5471, adopted rdarch 24, 1959, and which are
subatantially as follows:
(1) That said territory shall be annexed to the San Diego County Water Authority and
to the San Dieguito Irrigation Jistrict con-
currently with the annexation of said territory
to the Metropalitan Water Dis'trict of Southern
California, and such annexation shall be cocn-
p~.°eted,• and all necessary cextificates, state- .
' ments, maps and other documents requixed to }ae
. f il ed by or on beha.lf of satdSan Di ega ^oLCnty
Water Authority, or by cr on behalf of said SRn
Die7,a:lto Irriga.-tion Distr.ict, to effec'tuate such
annQxation shall be filed in the 2espective
off i ces required by l.aw, on or before December l,
ZqSQ.
(2) T:za,t promptly upon the adoption by the
governing body of said San Dieguito Irrigation
District of the order for inclusion in said
Irrigation District of said territory, and priox
to tY:e filing of a certified copy of such inclu-
eion order for recoxd in the Recorder's Office
of the County of Sara Diego, said San Dieguito
Irrigation District shall pay to safd ldetropo-
litan Water District, in cash, the sum of $10.00;
and in the event tha,t said payment sha.ll not be
made writhin the time herein prescribed, the an-
nexation of said territoxy ta said Metropolitan
'IPater District shall not be authorized and the
consent thereto set forth in this resolution shall
be voi.d and of no force or effect.
(j) That in the event of such anneacation, all
feeder pipe 7.ines, structures, connections and
other facilities required for the c3elivery of water
to said territory, from works owned or oMrated by
said Metropolitan Water District, shall be con-
structed, provided and installed without cost or
eapense to saiu Idetropolitan Water District, and
eaid Metropolitan Water District sha,ll be under no
obligation to provide, construct, operate or main-
tain such works. .
II. Said lands, upon inclusion, shall be concur-
rently anneaed to the San Diego County Water Authority
subject to the terrns And conditions upon which such
annexation may occur as fixed and determined by the
Board of Directora of such County Nater Authority by
its Resolution No. 513, adopted April 9, 1959, and
which are stzbstantially as follows:
(1) That said territory shall be anneaed
to the San Dieguito Irri gation District and to
the Metropolitan Water District of Southern
California concurrently with its annexation to ~
the 3an Diego Gbunty Water Authority, and that
such annexation sha.ll be completed and all neces-
sary certificates, affidavits, statements and
maps required to be filed bp or on beha,lf of the
San Dieguito Irrigation District to effectuate
such anneaation shall be filed in the manner
required by law on or before November 1, 1959;
(2) That the terms and conditions f ixed bp
the Board of Directors of The Metropolitan Water
District of Southern California upon whicn such
annexation may occur 'to said Metropolitmn Water
District, as hereinabove :in this resolution
recited and as determined`by said Resolution
5471 adopted by the 13oard :of Directors of.,.said
MetTopolitan Water Distri'at on. March. 24, ].959, `
be fvtlZy anci cornpletely.co:mplied with;
: .
, t: .
• • • ( 3 ) That in the event of such annexatiori,
an,_? prior to the recording in said San Diego
County Recorder's Office by said San Dieguito .
Irrigation District of its order for inclusion
i:1 said Irri?ation District of said territory,
said San Dieguito Irrigation nistrict shall pay
to sa.icl San 1}ie-0 County j'Pater Authority, in cash,
the gum of $25.00; and in the event that such pay-
ment sha11 not be made within the tirne herein
prescribed, the annexation of said territory to
said Count yWater Authority shall not be autilorized
ancl the consent thereto set forth in this resolu-
tion shall be void and of no force or effect;
(4) That in tiie event of such annexation all
fee(ler pipe lines, atructures, corir.ections and
otiler facilities required for the delivery of
water to the said territory from works owned or
operated by the San I}ieao County Water Autnority
sha.ll be constructed, provided and installed with-
out cost or expense to the said Wa,ter Autfiority,
which shall be under no obligation to provide,
construct, operate or ma.intain such works.
III. The following portions of said lands shall
be subject to inclusion fees as follows;
PARCEL B•1 '
PAUI. ECKE:
"That portlon o[ the West PARCEL 8-2
Quuter ot the 3outhwest LEON F. JR. and CATHERINE
M. COU(3LA88:
' Quarter of 9ectlon E3. Town- ••I,ut E, Block "E" of Pnlo-
ahip 13 South, Range 4 Weat, mnree Helshts, Map 2314 flled
San Bernardino Base & Merid- In the otffce ot the County Ae-
lan. deacribed as followa: corder of San Dfeso County."
'Beginntng on the Eaart Ilne INCLUBION FEID $376.17
of said Weat Qusrter lyfng 200
teet South of the North I1ne,
eafd pofnt being the point of
beginning; thence South 0' 47'
65" Weet. 286 [eat; thence
$outh 89° 44 3b' Weat, 252.38
feet: thence South 0° 47' 55"
Weet, 380 feet; thence 5outh
89° 44' 15" Weet, 126 feet;
thence 3outh 0° 47' 66' Weat,
260 teet; thence North 89• 44' Parcel 8-3
85' Eaet, 202 feet; thence HAROLD E., lVERETT N., L
South 0° 47' 65"' West, 190 feet; RUTH HARWOpD
thence North 89• 44' 35" Eaet, "The Euterly 166.26 teet ot
178.6 feet; thence South 0• 47' the 8outhwest Quarter ot the
56" Weet. 60 feet: thence South 8outheast Quarter of lhe
89° 44' 35- West, 125 feet; Northwt Qu4rter of the
[hence South 0° 47' 651 Weet, Northeut Quarter of BecUon
170 feet: thence South 89• 44, 16, TownshlD 13, 8outh, Range
t5" Weat, 175 feet; thence 4 West, S. B. B. & M."
8outh 0° 47' 65" Weet, 50 INCLUBION FEID Set wlth Par-
teet; thence 3outh 89° 44' cel A17-F Resolutlon 69-1E
35" Weat. 364.24 feet; thence
North 0° 66' 41" Eaat to
the Nurth Ltne ot the South-
weat Quarter of the 3outhweet
Qu4rter; thence continuing ,
North 0• 56' 11" Eeat, 120 feet;
thence North 89• 44' 35" Eaet,
100 feet; thence North 0° 66' 41- Eaet, 125 feet; thence
3outh 89' 41' 35' Weat, 100
[eet; thence North 0° 66'
41' Eaet, 160 feet; thence
North 89° 44' 361 )i;aet.
166 feet; thence North 0• 66'
141' Ee.,t, ] 40 feet; thence
South 89° 44' E61 Weet, 166
teet; thence North 0' 66' 41"
East, 150 feet; thence North
88• 44' 35" Eaet, 293 feet;
thence North 0' 66' 41' East,
90 feet; thence South 89• 44'
35' Weat, 292 feet; thence
North 0• 58' 41" Eaqt, 180 teet;
thence North 89° 44' 35^ Enet,
150 feet; 'thence North 0' 66'
41" Deat. 150 feet; thence
North 89° 44' 35" Eset, 510.46
feet to [he pofnt of beglnnlnB. •
Tzcepttng theretro7n that pnt.
lyfng wlthfn parcel A-6 Reeol.
R95• 18.
FEE set wlth Parcel A-5
• IV. The inclusion fees as to Pach parcel . referred to in paragra?oh III above shall be pay-
able as fol:lows: •
(1) One-f ift h or more in cash upon com-
pletion of the inclusion and concurrent an-
nexation to this District, the San Diego County
Nater Autnority anu The Pdetropolitan Nater
Di stri ct of Southern Calif orni a.
(2) Any amou.nt not so paid shall be
entered upon the Distri-ct 's AsUes:3:ne11t Rolls
in eig:1t se!ni-annual equal installrnents, which installments to~-ether with interest at
tne rate of 6% per annum from the date of
inclusion until naid shall be collected by
tne ?istrict, together wit'i ancl as an addi-
tion to the regular annual irrigation clis-
trict assessment;
(3) Any installment may be prepaid
before its due date, provided where less than
all installments are so prepaid the payment
snall be credited upon the insta,llments of
latest maturity dates;
(4) Jn the event the ownership of any
part of said parcel of lands is voluntarily
transferred to new ownership, the full unpaid
bal.ance of said inclu9ion fee upon such part
s hal l i:nmedi at el y be co me due and payabl e.
V. The Irrigation District shall not be re-
quired or obligated to serve such lands with water
unless and until the owner or owners of said pro-
perty have either:
(1) Paid to the Irrigation District in
cash, in addition to all sums theretofore
due urider the foregoing provisiong of tnis
resolution, the cost of all works of every
character necessary to bring water in ade-
quate quantity from the existing works of ,
t he Di st ri ct to t he boundary of t he land upon which the water is to be used, including with- ~
out limitation the cost of expanding or in-
creasing exieting facilities of the District
if such expansion or increase is required; or
(2) Installed or constructed at their own
eapense all such works mentioned in this
Paragraph V, either through the forma.tion of
one or more improvement districts pursuant to
the provisions of part 7 of Division 11 of
the Water Code, or otherwise. .
VS. Any diatribution system or wbrks required for
the distribution of water within the boundaries of
said tracts af land of each inclusion parcel shall
be installed or constructed thexein at the expense
of the owners thexeof.
VII. After inclusion, said lands shal:l be eub-
ject to aspeasment for all lawful ixrigatian di.s-
trict purpvses 'on the same basis a$ oth;Fx lands
within the District, a.nd in addition to the special
assessments and speclal taaes hereinabove referred
to in this resolution. Such assessments shall be-
gin. with those levied for the fiscal year 1960-1961.
813C`'IC1' 5;, Th.rt#; 1;x`,testP have be:er'
aga1 iici t.'le 1:zc~Iusi -,n of' t h~ la ~resented in ~rriting
. s cribed, ~~n.i th~t ob-p r.cis ir, s~id pPtitions de-
praoer~. -cti ~r~F~ ~vA ~ieen ; iled b .
Y owne.rs, but tnat saad Y certain
~lave no~ been s.tgned b -~e7 f ~'rotestr' and obj~ctiont~
_.3r.ci withi.n ?:he ^~.strict'}j'IlOB.TE:Fc°~lbO~flAe halderseofotitle
to not less tnan j% ±.n value «f tAle land withi.n the District
accord.inF,, t;o trie last equ.aA4zed assesament of the Dit
arad that said Fzotests are insufficient to repuixe anin-t,
clusion election tc be held wit.iin fii:e District to deter-
mine waether or nct the lands herei nabfl-te described sha11
be ztlclude:i under the conditiors hPreinabove set forth.
SECTION 6: The hea2Ing upon safd inclu$ion
is hereby ad j ourned to the hour of' );;p P. M. , Tuesda~ tforts
1959, at the office of the rr~n L~iegufto Irriaation' D~e
trict, 6E9 Secord Stxaet, Fr;ririita$, C~; fornia, at whfeh
time and p7.ace all pFr4on6 ~ntere$ted are ?aereby direated
to apPear and ahow cause 1n writing, i.f any they have, why
incthis~~Reall solutioneshouadtnotsbee imbo preseribed as recited
P sed.
SECTION 7: Thia Resolution shall conetitute notice ot
the time and place of the adjourned heari
ditions proposed :o be irrposed u or ~and°f tha eot-
lands herein described, $r~d e~i b,~the ~`~~lueion of the
vreek for three succe8eive ~►eek~s puby~8hed once aach
hearing in the ENCINITAS COAST DIprior SPATCHQ aun R papeTn~
general circulation published in the San Dieguito Irriga,_
tion Di stri ct.
. .
' . : . , ~ , ' .
-33-