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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-