1959-23
. gESOLUTIOff R; 9-21 '
ORDERING THE INCLUSTON WTTHIN THE B0UNDAFiIES "
OF THE 5AN DTEGUZTt7 IRRIGATION DISTRTCT, ANb
' ' EST.AB~.ISHIN~ THE CONDISTIONS TO WFiICH SUCH ~
INCLUSION IS SUBJEGT.
WHEREAS, petitians for the inclusion of certain landts
in such petitions and herefnafter particularly described
within the boundaries of the SAId DIEGUITO IRRIGA,TION UISTRICT
and for the annexation of such land5 to the San Diego Cvunty
Water Authority and to The Metropolitan Water District of
Southern California concurrently with such inclusion have
been filed by the following named owners:
Paul Ecke
Leon F'., Jr., and Catherine M. Douglass Harold E. , Everett N., an3 Ruth Harwood ;
and , .
WHEREAS, by resolution No. 59-11 adopted on the 9th
day of February, 1959, the governing body of said Irrigr
ation District, to wit: its Board of Directors, applied
t:o the Aoard of Directors of the San Diego County Watex° Authority for consent to an,nex ta said County Water Auth-
ority and to The Metropolitan Water District of Southern
California the lands referred to in such petitions; and
WHEREAS, by resolution No. 513 adopted on the 9th ciay
- of April, 1959, acertif ied copy of which was immed igtel.y
thereafter transmitted to the Baard of Directors of said
Irrigation Aistrict, the Board of DirectQrs of said County.
Wa,ter Authority consented ta said concurrent anneA$tion*9and prescribed the terms and conditions upon ahich it
might occur, including compliarbce with the terms and con-
ditions prescribed by the Board of Directars of The Metro-
poliLan Water District of Southern Califorriia by its
resolutian No. 5471 adopted March 24, 1959, consenting to said concurrent annexation; and
WHEREAS, each of said petitions for inclusian and aon-
current annexation of said lands was regularly set for hear-
:ing and notice of the day, hour and place of the hearing of
each of said petitions was duly and regularly given in the
mannet, and for the peri.od of time reQuired by law; anr3
WHERE,ASi at the time set for the hearing of emch o4'
said petitibna the' Board 'ot' Directors of said Irrigation.
with tbe hearirzg upon :;aid petf tiallW f
d~a~;X coritiaue the 2~earing upn.~: ench of ss~.d
~`,~~.m~'oti3~g 't~a. ~►ee~~3.n,~ e~~" s : Bo:~~ ~,~i . ~a~ I.r~N
~1 t'-ot ~he 13,avad of X? 10 r; uo t ra'~
a►t~~~c 4h
. . _ Y a L~.-: a..-:C :e'. . , ! . . . . . ' . . . . ~
NliEREAS, At said regular meeting of the Board of'' '
' Jirecters of SAN DIEGUTIO IRRIGATIQN DISTHICT on Nlay E, -
1q`;;a, the said E3oard proceeded with said hParinF, and did .
, f;.nJ and determine that the inclusion of such lands with-
c%ut, ccnd i.ti c:n, i nclud inp the compliance with the terms
ar,(; c>.Id:tions (-,f concurrent annexatian of said lands to
U.
~•i;. Jiej-() County Water Authori t,y as recited in its
rr•~ lut ic-:r, 'vo. and to The Ne'„? j,c) l'.tan Water Dlstriet
C31if-,rnia as reci±ed in it~; s~id resolution
w,ould work an injury as t,~ t.he land already with-
'.i-,E Irrirat.ton District, and did <r3c~pt resolution No.
ad,:ourninF the hearinF until June `j, 1959, pre-
.3cri u:r:r t.!;e conditi.ons proposer3 on t'rie inclusion of said
anri orrierinF that nctice of the adjnurned hearing
ic~ t`,. ven, 311 i n t r.e manner pr. <,v ided by Sect i oris 26938 to
both ir;clus9ve, of the Water i,ode of the State of
Ca1 i'orn i a ; and
on tre day and hour to which such hearing
~idjourned as prescri.bed in said resolution No. R59-19,
thP 't3carO nrnceeded t.o the consideration and determination
rf' said neti`.ions, and said hearinr being duly concluded,
r1r,~,,,~~ ~'~¢riEl'(?RE~ IJ RESOLVEll~ JETERMINEi~~ FOUND AND
t;Jr i;EJ:
1. That petitions signed by the owners above named
havP been dul_y filed with the Secretary of the said Board.
That at the time of filing of said petitions the
r,etitioners constituted the majority of the holders of
ti.tle to the tracts of land described in their respective
petitions and were the holders of title to one-half or
rr;ore of the area of said lands described in said respective
petitions.
3. mhat notices of the filing of each of said petitions,
and of the hearings thereon, were duly, properly and reg-
ularly posted and published in the manner and for the period
of time prescribed by law.
4. That said petitions, and each of them, comply with
Article 1, Chapter 2, Part 11, Division 11, of the Water
Code of the State of California.
K. That on the date set in the notice of the hearing c;f each of said petitions, said date beinp a regular meet-
ing day of the Said Board of llirectors, said Board at
regular meeting assecr.bled and at the hour of 1:30 P.N.
proceeded to hear evidence introduced on behalf of each of
said petitions, and thereafter the hearing upon each of
said petiti.ons was duly and regularly continued from meet-
i.ng to meeting until the 8th day of May, 1959; said Board
did then determine that the inclusion of such lands without
condition would work an injury as to land already within the
District, and did prescribe certajn conditions upon the
inclusion of such lands, and did thereupon adjourn said
rr:eeting until 1:30 P.M. June 9, 1959•
6. That notice of the time and place of said adjourned
hearing in which was set out at length the conditions pro-
posed to be impased, was duly and regularly given for the
peri.od of time and in the manner and form required by law.
7. That on the 9th day of June, 19~9 at 1:30 P.M.,.
that being the day and hour to which suc l~earing was ad~-
,)urned, the Poard proceeded with the hearing and the con-
jiderat:on of such inclusion and the conditions to which
such lands wauld be subjPcted.
8. "hat protests in wr.ting against the inclusion of
t}ie larids in said petitions described have been presented
to said I3oard, but that said protests and objections which
' were filed prior to the hearing of said petitions were not •
'ziigned by three percent of the holders of title to the • -
land within the District who were also the holders of '
. tj.tle to not less than three percent in value of the
lanci within the District according to the last equalized
a3aessrr,ent of the District, and that said protest were,
3ncj are, insu''f'icier.t to require an inclusion election to
be held within the llistrict to determine whether or not
the 13nds hPreiribelow described shall be included under
the cor.-iitions referred to in paragraph above. That
he purported protests filed June 9, 19'9 were not fi.led
wi*hin ;:he t:rne prescribed by the Water Code of the State
of Calif'ornia and it is unnecessary to determine whether
y are signed by the number of persons s pec if ied in
t}-ie'
.;ect, ior. 26965 of s3id Code.
9. That the inclusion of the lands in said petitions
3nd herein.3fter described within the boundaries of said
Irrigation District, subject to the condi.tions herein
est;ablished, would be for the best interest and benefit
of said District.
10. That the lands hereby included would be benefited
by such inclusion within the boundaries of said District
upc~n the conditions herein established.
11. '"hat saj.d lands can be supplied with water by
rreans of the works of said District, or by practicable
works connecting therewith.
12. Trlat the conditions upon which said lands are
herebv included wj.thin the bound aries of said Distri.ct are
hereby adopted and prescribed as follows:
I. Said lands upon inclusion, shall be concurrently
annexed to The Metropolitan Water District of
Southern Calif ornia subject to the terms and
conditions upon which such annexation may occur
as fixed and determined by the Board of Dir-
ectors of the Metropolitan Water District by
its resolution No. 5471, ad opted March 24,
1959, and which are substantially as follows:
(1) That said territory shall be annexed to
the San Diego County Water Authority and to the
San Dieguito Irrigation District concurrently
with its annexation of said territory to The
Metropolitan Water District of Southern Calif-
ornia, arid such annexation shall be completed,
and all necessary certificates, statements, maps
and other documents required to be filed by
or on behalf of said 3an Diego County Water
Authority, or by or on behalf of said San
Dieguito Irrigation District, to effectuate
such annexation shall be filed in the res-
pective offices required by law, on or before
vecember 1, 1959.
(2) That 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 prior
to the filing of a certified copy of such in-
clusion order for record in the Recorder's office
of the County of San Diego, said San Dieguito
Irrigation District shall pay to said Metro-
politan Water District, in cash, the sum of
$10.00; and in the event that the said payment
shall not be made within the time herein'pre-
scribed, the annexation of said territory to said
Metropolitan Water District shall not be author-
ized and the consent t;hereto set fnrth in this
resolution shall be void and of no force or
effect.
I • 0) That in the event of such annexat 1 c,r' -
, . all feeder pipe lines, structures, connectio.ns
. and other facilities required for the delivery of water to said territory, from works oiined cr
• • operated by said Metropolitan 4Jater iliscrict,
shall be constructed9 provided and installed
without cost or exponse tco said r:etropolitan
Water vistrict, and said Metropolitan Water
District shall be under no obligation to
provide, construct, operate or maintain such
workso
I-: • Said lands, upon inclusion9 shall be concurrently
annexed to the San Diego County YJater Authority
subject to the terms and conditions upon which
such ann.exation may occur as fixed and deter-
mined by the Board of llirectors of such County
Water Authority by its Resolution No. 513,
adopted April 9, 1959, and which are substan-
tially as followss
(1) That said territory shall be annexed to
the "-')an Dieguito Irrigation Distrj.ct and to
The Metropolitan Water Djstrict of Southern
Cali'ornia concurrently with its annexation to
'uhe 3an Jiego County Water Authority, and
that -~uch annexation shall be completed and
all necessary certificates, affidavits, state-
ments and Maps required to be filed by or on
behalf of the San Dipgu_to Irrigation District
to effectuate sucr, annexation shall be filed
:n the manr:er required by law on or before
^dovember 1, 1959;
(2) That the terms anc3 conditions fixed by
the Board of Directors of The Metropolitan
14ater District of O'outhern California upon
which such annexation may occur to said Metro-
politan Water District, as hereinabove in this
resolution recited and as determined by said
Resolution 5471 adopted by the Board of Direct-
ors of said Metropolitan Water District on
March 24, 1959, be fully and completely complied
with;
(3) That in the event of such annexation~
and prior to the recording in said San Diego
County Recorder's affice by said San Dieguito
Irrigation District of its order for inclusion
in said IrriQation District of said territory,
said San Dieguito Irrigation District shall pay
to said San Diego County Water Authority, in
cash, the sum of $25.00; and in the event that
such payment shall not be made within the time
herein prescribed, the annexation of said
territory to said County Water Authority shall
not be authorized and the consent thereto set
forth in this resolution shall be void and of
no force or effect;
(4) That in the event of such annexation all
feeder pipe lines, structures) connections and
other fee6er pipe lines and facilities required
for the delivery of water to the said territory
from the works owned or operated by the San Diego
County Water Authority shall be constructed, pro-
vided and installed without cost or expense to
the said Water Authority, which shall be under
no obligation to provide, construct, operate
or maintain such works.
III. The following portions of said lands shall be
subject to inclusion fees as follows:
PARCEL, B-1 . North 0° 56' 41" Ean[ to pARCEL B-2 -
PAUL ECKE: the North Iine of the South- LEON F. JR. and CATHERINE
"Thnt - portlon o[ thr Weet weet Quarter of the 3outhweat M. DOUOLASB:
Q "E" of Palo-
uarter of the ti~>uthwpnt Quarter, thPnce conUnuing .~~t 2, glock
tiorth 0° 56' 41" F.aet, 120 teet: mRreq I{Plghte, MaD 2114 flled
' Q.:trirter i,` ?7 i. thence \orth '+3° 44' 35" FBSt,
• ' In the ot[Ice of the County Re-
vhip +3 ti - ,•h. Hn,.ue t 100 teet; thFnce Nurth 0° 56' ~order of tian Lfego l;ounty."
tin ]t,..,;i;'". \I,rni 41" E:ivt, 125 feet; thence IyCi.l'CIOr1 N'FN7 $376.17
rir•o'.1, Smutti k9" 44' 35" W'cut. lnll ~
' Ry:ti .,ir ui. th- i-'•~•. I.teet: th.•noF :Jnrth 0' cF'
of tp-rtr'or 241° i?a~t, I80 fPE'I. t}7hLCP
h . t i- N. r1 h„ . tiorth 19° 44' 35' Lxst,
,I l,ru~. 'h. i',.. t 155 teeL' thence North 0° 56'
!~.,ni.:. t~ien:• `vth 47' 'U" M:+iet. 140 teet: thence
ig" , f•. IrI N gput}i 89` 44' 36" West, 155 Partel B-3
Sn"I'l: "I 111 3:." W,ui, ! teet; thence North 0° 56' 41' I-IAROLD E., EVERETT N., d
~•.1:,. li EaAt. 150 teet; thence North RUTH NARWOOD
i•-c., ~nu' h 89° 44' 35" East. 292 feet; ••The Eae[erly 166.25 feet of
.g~ q4f ;z;,` Wrs!, 126 fe-t: thence North 0° Sfi' 41° i•]aat, the Aouthviceat Quarter o[ ihe
thNner sw,'h W 4:' S: ^West, 90 feet; thence SouLh 89° 44' 8outhewat Quxrter of the
15u fPrt: rh,nw.• Norih "1` 44' 35" Weat, 292 (eet; thence Northeast Quarter of the
35- 2112 t,•ei: t hl"ncr North 0' 56' 41" Eaqt. IRO feet: Northeaet Quarter of 3ectfon
South 17' J;" e,t, 19' f,', c: thence vorth 89° 44' 35" Esst, 16, Townehip 18, South, Range
thFV,ce North S9` 14' :i5" 150 fet•t; [hence North 0° 66' 4 WeeL S. B. B. & M•"
1'iY.;, fcet; rhw~ro su'"ti u` 47' 41' Lx9t, 150 feet; chence INCLL':3ION FEPI 8et wfth Par
55" wes[. fu fo"•r. 0 t•mce "cuth Nonh 83° 44' 3o" F.aet, 610.45 cel A17-F Reaolutlon 68-18
69° 44' 35" 125 fl•et; feet to the pofnt of beglnning.
thence Souih u' 47' S5" t. Ezc¢pting therefrom that pnt.
liu lcet: ih•..i<- ,:-i;h ~'Y 14' lYing vrlthln Varcel A-5 Resol.
SS" \t'r•.at. f,-t: iRence 1195-18.
uu'h w 17' 5" ~ FP:F, ae:t wlth Prtrcel A-5
t, . ~t •:+ta'
..1:1 ai r, t. n,en<<.
IV. The inclusion fees as to each parcel referred
to in paragraph III.above shall be payable as
follows :
(1) One-fifth or more in cash upon com-
pletion of the inclusion and concurrent annex-
aticn to this District, the San Diego County
'rJater Authority and The N,etropolitan Water
District of Scuthern California.
(2) Any amount not so paid shall be entered
upon the District's Assessment Rolls in eight
semi-annual equal installments, which install-
ments together with interest at the rate of
per anniun from the date of inclusion until
paid shall be collected by the District, to-
gether with and as an addition to the regular
annual irrigation district assessment;
(3) Any installment may be prepaid before
its due date, provided where less than all
installments are so prepaid the payment shall
be credited upon the installments of latest
maturity dates:
(4) In the event the ownership of any part
of said parcel of land is voluntarily trans-
ferred to new ownership, the full unpaid balance
of said inclusion fee upon such part shall
immediately become due and payable.
V. The Irrigation District shall not be required
or obligated to serve such lands with water
unless and until the owner or owners of said
property have either;
(1) Paid to the Irrigation District in cash,
in addition to all sums theretofore due under
the foregoing prcvisions of this resolution,
the cost of all works of every character nec-
essary to bring water in adequate quantity from
the existing works of the District to the bound-
ary of the land upon which the water is to
be used, including without limitation the cost
of expanding or,increasing existing facilities
, of the District if st?ck~ expansiorz or increase
` is rx9quired; or
- (2) Installed or constructed 'at trie'r own •
. expense all such works mentioned in thi.~
graph V, either through the formation of' one '
or more improvement district pursuant to the '
provision of part 7 of Division 11 of the Water
Code, or otherwise.
Vi. Any d i s tr' bLi;; ion systeir. or taorks required for
the ci i_str.-but:Lon of w3.ter within the boundaries
of said tract'Is of land of each il~clusion parcel
shall be installed or constructed therein at
the expense of the owners thereof.
VII. After inclusion, said lands shall be subject to
assessment for all lawful irrigation district
purposes or. the same basis as other lands with-
in the District., and in addition to the special
tixes hereinabove referred to in this resolution.
3uch assesszr.ents shall begin with those levied ,
for the fiscal year of 1960-1961.
13• That said petitions are hereby granted, and the
following described lands are he,eby included within the
boundaries of the SAN DIEGUITO IRRIGATION DISTC
to and upon the conditions hereinabove recited,anduthect
boundaries of said Irrigation District are hereby charnged
to include therein the following described landsg toawrit:
(The desQription ot ths proierty attsiat*d by
thi$ reaolution is aet forth in full in the original
Reaolution No. R59-23, and 1e identiaal with tho QescriD•
tion est forth aa Bxhibit A to Resolution R59-11, ]ixhibit
X)QI of this Transaript.)
- • • February -23, 1959 DESCBI P'T I PN
all those portions of Sections 15 and 23, Towaship 19 South, Ranqee 4 lYeat,
S.B.l1., in the Count,y of San Diego, State of California, deacribed a:
folloNS:
P;rcel B-1
A parcel bsiag coiaaideat witri an nree defficribed ia the legal deseription
of Resolution R55-13 of the San Dieyaito Irrig~+tion Di:triet, posaed and
adopted November 8, 1955; ~
That portion of ths West Half of the IVorthwest Quartsr of the Southrreat
Quarter of Section 23, Townehip 13 South, Baqge 4 Mt:t, S.B,M., aceordinq
to U.S. Gavernaent Survey -roved April 19, 1881, deacribed at followa:
Beginaing at the Northr ° the East Eioli of the SoutSwe=t
Quarter of the So.utha► 'd Seatlon 23, es ahoNa on
Record of Survey No, •flimning beiag alao a point,
on Lhe boundary lip `%tetr Authorttr and of
those landa of thr has 'Rt that are rithin
the San Dieyo Coi, ~'h a 4 1958;
er' Thence elong aaid 0a ~r ~$14? ~ "listriet
and the Ssn Dieqo COq4. ~e e •i;
Co ~ ~h~
1. NortF 0047'55" East aloe., jeit [iali
of the Northweat Qw rter of , ho la Seetion 23,
a diatance of 30 ieet to a poia.. ~A
8
'l. South 89044'35" Ne=t alonq o line perv. ne Southerly
line of said Mest Half of the Northwest QM of the South-
weat Qaarter of Section 23, apd 30 feet Nortn,.ly thereirom,
178,50 feet to a point;
3. North 0056'91" Ea st alopg a line perallel xith the Westerly line
of aeid Ilest Eili of the Northwest Qw rter of the Southweft
Quarter of 5ection 23, said Meiterly liae alao being tbe Easterly
line of Cardiif Aares, as per Mep No. 1680, 190 feet to a point;
4. South 89044135" Nest 202 feet to a point;
5. North 0056'41" East 250 itet to a poiat;
b. North 89044'35" Ea:t 126 teet to e p01at;
7. North 0056141" East 380 ieet to a po_At;
8. North 89044•35" East 252.38 feet, aors or less, to a point iA
seid EasLerly line of the West Eiali of the Northweit Quorter of
the Southwest Qw rter of Section 23;
9. North 0047'55" East alonq •aid Ea:terlr line 265 iset to a point;
10. South 89044135" West 510.45 feet, more or less, to a poi:nt in a
Iine Nhich ia parallel Mith aad 150 feet Easterlr troo said
Mesterly line of th• Mast fialf of the !►1orthxait Qwrter •f
tbe 5outhwest Qwrter of SeotioA 23;
Il.. Soath 0056'41" West along aaid ps
rallel liat 150 ioet to a polat;
~ .
. . ~
J ~
-37-