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1993-741730 . , 8 8 . . ".. . .. ~. DOC U 1993-07~1130, ' 1()6{) 04-HDU-1993 10=24 AM OFFICIAl RECORDS SlIM OIEOO C1DITY REcœDER'S tfFICE AllETTE EVAHS, CtII4TY RECORDER FEES: 0.00 f8 9p Nt ""'.'1'," 1, \, >j",..:A ;" '. ~r"" ,d) 'I pi,?, ¡, ':: ",,',",1 , ;'n; 1", ",t.L \ ~ 'ì\~., ¡' ":::, \:~"'~::~\ --'\J .~~ .. ~ . ~"" t, "\ ""'!'\lr'" ,',"\-:\' . '\':,. ,~, -.:i'., ¡",,:~~ \ " " v . .~ .. !.4. ; 8 1058 RECORDING REQUeSTEb BY . . ~ SAN DIEGO COUNTY Please return to: .. LOCAL AGENCY FORMATION COMMISSION LAFCO CERTIFICATE OF COMPLETION MS A216 @ -Commuter Rail Station Annexation- to Enclnltas Sanitary District DA93-5 Pursuant to Government Code Sections 57200 and 57201, this Certificate is hereby issued. The name of each city and/or district included in this change of organization/reorganization, all located within San Diego county, and the type of change of organization ordered for each city and/or district are as follows: ~ Type of Change of QrQanUiQn Encinitas Sanitary District Annexation A certified copy of the resolution ordering this change of organization/reorganization without an election, or the resolution confirming an order for this change of organization/reorganization after confirmation by the voters is attached hereto and by reference incorporated herein. A legal description and map of the boundaries of the above-cited change of organization/reorganization are included in said resolution. The terms and conditions, if any, of the change of organization/reorganization are indicated on the attached form. I hereby certify that I have examined the above-cited resolution for a change of organization/reorganization, and have found that document to be in compliance with the Commission's resolution approving said change of organization/reorganization. I further certify that (1) resolutions agreeing to accept a negotiated exchange of property tax revenues for this jurisdictional change, adopted by the local agencies included in the negotiations, have been submitted to this office, or (2) a master property tax exchange t agreement pertinent to this jurisdictional change is on file. dU~ Date: November 1, 1993 MICHAEL D. OlT Executive Officer r " 8 . . ' 8 10S8 " . LA F C 0 1600 Pacific Highway. Room 452 San Diego, CA 92101 . (619) 531-5400 San Diego Local Agency Formation Commission Chairperson John MacDonald County Board of Supervisora Members CERTIFICATE RE: TERMS AND CONDmONS AND INDEBTEDNESS Dianne Jacob County Board of Subject: "Commuter Rail Station Annexation- to the Encinitas Sanitary SupervIsors District (DA93-5) Mark J. L.o8Cher Counoilmemb8r. CIty of San Marcos Joan Shoemaker , Certain terms and conditions are required by the Local Agency Formation Mayor. City of Commission to be fulfilled prior to the completion of the above-named 8 Cajon change of organization. I Abbe WoIfahelmer Councllmember. City of V/" () C t( r San Diego I S¿fll~ra I1AA;¡.e..e.r ì A/I"lys; r Dr. Ullian Keller Childs (Name) Helix Water District (Trtl John Sasso do hereby certify that the terms and conditions listed below have been fully President, Borrego met. Water DIstrict Dr. Unell Fromm 1. The boundaries shall be modified to conform to Exhibit A attached Public Member hereto. Alternate Members Brian P. Bilbray County Board of Supervisors Leonard M. Moore Counoilmember, City of Chula Vista Juan Vargas Will the affected property be taxed for any existing bonded indebtedness or CounoiJmember. CIty of contractual ~ation? San Diego Yes - No If yes, specify. Ronald W. Wootton Vista FIre Protection District ~~~~ ~ David A. Perkins Public Member Signature executive OffIcer Michael D. Ott J/J- J 3- 9' -3 . Counsel Date UoycI M. Harmon, Jr. . . ': . 8 8 .r '.. 1059 ' . RBSOLUTIOH HO. 93-11 A RBSOLUT:ION 01' 'mB BOARD 01' DtRBC'l'ORS 01' 'mB.DCINITAS SANITARY OISTRJ:CT AlDlBX:IBG HIUUIJORY TO WHICH ODBRS D VB COHSJDP1'BO "COUftY 01' SU O:I.GO, HCTOD - DC:III:ITAS COIOlU'J.'ER RAIL STAno. AlOIEDT:IOII" WHEREAS, pursuant to the Cortese-Knox Local Government Reorqanization Act of 1985 (Govt. Code, $ection 5600 et seq.) pr~liminary proceedinqs were commenced by resolution of application by this Board on March 23,1993, as Resolution No. 93-03, for annexation the Encinitas Sanitary District (thereinafter referred to as the District) of certain t$rritory therein described, which description has beenl.edified pursuant to the directions of the Local Aqency Formation Commission; and WHEREAS, the annexation proposed by said resolution of application was presented to and approved by the Local Agency Formation Commission of San Dieqo County on J~ly 12, 1993, and this District was designated as the conductinq District and authorized by resolution of order said annexation without notice or hearinq and without an election pursuant to Government Code, Section 56837; NOW, THEREFORE, IT IS RESOL~D, ORDERED AND DETERMINED, . pur~uant to Government Code Section 57025 et seq.; a. The manner in which and by whom preliminary proceedings were commenced was by resolutionot application by this Board as stated above. b. The territory to be annexed has been desiqnated DA 93-05 by the Local Aqency Formation Commission, and the exterior boundaries of such territory are as hereinafter described. ' " 8 8 . ", -" , 1060 c. The territory proposed to be annexed is uninhabited, and will be benefitted by such annexation as described in Health and Safety Code Section 4830. d. The reasons for the proposed annexation as set forth in the resolution of application referred to above are: 1. The District is empowered to and is engaged in furnishing sewage disposal facilities. 2. The territory proposed to be annexed to said District is developed and/or proposed to be developed and used for residential and/or commercial purposes and provision for sewage disposal facilities for said territory is essential for such purposes. e. The terms and conditions of the proposed annexation are: PaYment of annexation and state Board fees. f. All the owners of land within such territory have given their written consent to such annexation, as provided in Government Code, Section 56837; and therefore, as approved and authorized by the Local Aqency Formation Commission, this Board may adopt its resolution orderinq the annexation without notice and hearing and without an election, as provided in Government Code, Section 57002. q. The reqular County assessment role will be utilized and the affected territory will be taxed for existinq bonded indebtedness. h. Pursuant to State CEQA Guidelines Section 15319 -(California Environmental Quality Act of 1970), the Board finds that this annexation is cateqorically exempt from evaluation. IT IS FURTHER RESOLVED AND ORDERED that pursuant to Government Code Section 57002, the followinq described incorporated territory in the City of Encinitas, State of California, be and it hereby is annexed to and made a part of the Encinitas Sanitary District. IT IS FURTHER ORDERED that the Clerk of this Board immediately transmit a certified copy of this resolution along with a remittance to cover the fees required by the Government Code Section 54902.5 to the Executive Officer of the Ioocal Agency Formation Commission of San Diego County, so that the Executive Officer may make the filings required by Chapter 8 (commencing with Section 57200), Part 5, Division 1, Title 6 of the . Government Code and by Chapter 8 (commencinq with Section 54900), Part l, Division 2, Title 5 of the Government Code. , .' ~ 8 8 ' ,.':.'" <l' 1001 . .' PASSED AND ADOPTED this 23rd day of September ,1993, by the followinq vote, to wit: I AYES: Bond, Davis, DuVivier,. Hano, Wiegand NAYS: None . ABSENT: None ABSTAIN: None ". of the Board ATTEST: the Board . . # 8 8 4 ,': -'. ' . IO8~ , .' I, E. Jane Pool, Clerk of the Board of Directors of the Encinitas Sanitary District of Encinitas, California, do hereby certify under penalty of perjury that the" attached and foregoing is a true and correct copy of this document on fi~e in my office. In witness whereof I have set my hand and the Seal of the Encinitas Sanitary District this: QðfI\ day Of_{ß(!:!- ,19~ fì (j tt!- Board\,~:.~-- -. - ~ 'J " """ ~ '-" .. ...... '. -. ,/ .'--- -.. <. -: -- - . - ..,", ~. ~ .~. .;;.¡ ,- .. ..::.:' /' , , " - v '-' \ -.- . \::-' . , ~ 8 8 . J08;] " DA93-S -COMMUTER RAIL STATION ANNEXATl0N8 TO THE ENCINITAS SANITARY DISTRICT All that portion of the Atchison, Topeka and Santa Fe Railroad (formerly California Southern Railroad) as shown on Enclnitas, in the City of Encinitas, County of San Diego, State of California, açcording to Map thereof No. 148, filed in the 'County Recorder's Office of San Diego County, June 12, 1883, lying within the following described boundaries: Beginning at the intersection of the center Une of 8E- Street with the easterly line of said Atchison, Topeka and Santa Fe Railroad as shown on said Map 148; 1. Thence northerly along said easterly line to the center line of Road Survey No. 1788 (EncinitasBoulevard formerly San Marcos Road and 8B8 Street) map on file in the County Engineer's Office of said county; 2. Thence westerly along said center line to the easterly line of Coast Highway as shown on said Road Survey No. 1788; 3. Thence southerly along said easterly line to the easterly prolongation of the' southerly line of Lot 3, Block 3 of said Map 148; 4. Thence easterly along said prolongation of the southerly One of Lot 3, Block 3 to the westerly line of the easterly 125 feet of the right-of-way of said Atchison, Topeka and Santa Fe Railway; 5. Thence southerly along said westerly line to the center line of said 8E8 Street; 6. Thence easterly along said center line to the point of beginning. AIIProYId by tile Local.., '- " CømmlllløD of 8IIt DiIID ,,-- AUG - 2 1993 ih:na LAFCO Exhibit A 7/22/93 Page 1 of 1 . . . ¡" " ..." . 8 l()fJ, ' 1 . DR, I . ". I fit: ...: $fC,~ ' , .,. . " ,,¡ , ".¡ ," " ,'-"E,A5"T 0 ST, 0 þi » o¡ . t l' D 2:>. JU) -' ' ,- - ~T~' . ~ .t:l-- "E "I . .,' ØC . N"1t~ \C ... OJ ~ - . wE. --"'tho~....~ ¡ Ž '!" . MCNEIL ,., ~ Canllfnløn of... DiI8D ",.-- N ~r --4 r'l AUG - 21993 ' It 'f.A?f r ST. .r 5". 9t - ~.- EAST MAP 148 - ENCINITAS r-' G 51". DATE: 6 -14-9 '3 MAPPING DIVISION LAR:O; DA 93 - 5 SCALE: '~400' SAN Dt€GO COUNTY ASSESSOOts ŒF~CE MeA: 6.00 AC m... PAŒ:: 65 C cavMJTER RAIL STATION ANNEX SA: 258-190-22 DRAWN sv: TO n-iOMAS 8ROS:24-D4 BERGGREN - ENC1 NI'TAS SANITAR,( DISTRICT ; ' . . . . DA93-5 -coMMUTER RAIL STATION ANNeXATION" TO THE ENCINITAS SANITARY DISTRICT All that por:cn of the .Atchison, Topeka and Santa..Fe Rairœd (formIí1y .CaIfOmia Southern Rarroad) as shown on . Encinitas, in the City of Encinà6, County d San DIego, State of Caifomia, according to Map thereof No. 148, flied in the County Recorder's Office of San Diego County, June 12, 1883, lying within æ following d.cribed boundaries: Beginning at the intersection of the center line. of 81:" Street with the easterly line of said Atchison, Tcceka and .~ Fe Railroad as shown on said M8Ø 148; 1. Thence northerly along said easterly line to the center it1e of Ro8d S&.Iwy No. 17SS,Eocinitas BouJevard formerly San MarcoS Road . and 8S8 Street) mep on fie in the County Engineers Office of said county; y.. 2. Thenœ westerly along said center line to the easterly Ii':e of Coast. H'aghway as ShOW1 on said Road Survey No. 1788; 3. Then:s southerly along said easterly line to theeasterfy proIong8Iion of the . soutt"eriy line of Lot 3, Block 3 of said Map 148; 4. Therœ easterly along said prolongation of the southerly line of Lot 3, Block 3 to the westerly line of the easterly 125 feet of the right-ct-way of said. Atchison, To~ and Santa. Fe Railway; I.;. 5. Then:a southerly along said westerly . line to.. the center me of. said 81:" Street; 6. Then:a easterly along said center line to the point of beginning. . --- br1ll8"""", ~.1 IIIDII "'Ccmtllill Lof""'~ AU8 - 2 193 <.oj ih:na LAFCO Exhtbit A 7/22/93 Page 1 of 1 .'- , .- .!". \~~ SUNSET I . ! \ t . .. Î NJ SfC. .. t . . '1: ~,~ ~ AU6 - 2 1993 . ~ ._E.~T '..tAP /48 - ~NCl N ITAS - roG ST. ~TE: 6-/4-:-93 . MAPPING D'VIS¡~ LNt!J: DA93-5 SCAU::~400' SAN DIE-~ COUNT" ASSESSŒtS ŒFtCE ~: 6.00 Þt: ,.,.,. PÞa; 6 5 C ~ AA 1:- STATD.I ANNEX 81\.: 25 8-190 -22 ORAWN er. ~O ~ IRIS: 24-04' 3ERGGREN 0 ENC:NI'TAS SA'\JITAR'f DISIRICT . , . . . . THE SAN DIEGO tin OF ENCJNtTAS LOCAL AGENCY FORMATION COMMISSION CITY CLERK HAS ADOPTED A RE~LUTION APPROVING 13 ÅIIG- 6 PH 2: J 0 THE -COMMUTER RAILI STATION ANNEXATION- TO THE ENCINITAS, SANITARY DISTRICT I I The foUowing filings to be made after the conducting authority has ordered the change(s) of organization [boundary change(s)] must be processed by the LAFCOoffice: 1. County Recorder 3. County Assessor 5. County SUrveyor 2, County Auditor 4. State Board of Equalization Any other filings remain the responsibility of. the conducting authority. Proceedings must be initiated within 35 days after adoption of the Commission's resolution, and completed within one year after LAFCO approval, or the proposal must be considered abandoned (Government Code Sections 57001 and 57002). If your Board/Council adopts a resolution/ordinance ordering the boundary change(s), the following materials must be forwarded to the LAFCO office: 1. Six (6) certified copies of the resolution/ordinance, . . ~ with original signatures on each certiftcation page. 2. Certificate Re: Terms and Conditions and Indebtedness (use attached form). Please return signed, original copy. 3. State Board of Equalization fee in the amount of $ 200 (make checks payable to .State Board of Equalization-). The Executive Officer will check aU documents for compliance before fiUngs are made. Amendments to. the lAFCO resolution, including boundary modifications, can only be made by the Commission. All documents recorded and copies of letters of acknowledgment win be returned to the conducting authority. If you need additional information, or require further assistance, please call the Commission's office at (619) 531..5400. August 4. 1993 ICHAEL D. OTT, Executive Officer Date . . . . Minute Item: 5 Ref. No.: DA93-5 RESOLUTION OF THE LOCAL AGeNCY FORMATION COMMISSION OF THE COUNTY OF SAN DIEGO MAKING DETERMINATIONS AND APPROVING THE -COMMUTER RAIL STATION ANNEXATION- TO THE ENCINITAS SANITARY DISTRICT On motion of Commissioner Loscher, seconded by Commissioner Fromm, the following resolution is adopted: WHEREAS, a resolution of application was submitted to this Commission for annexation of territory to the Encinitas Sanitary District, which resolution was adopted by the Board of Directors of said District as Resolution No. 93-03, dated March 23, 1993, pursuant to Title 5, DMsion 3, commencing with Section seooo of the Government Code; and WHEREAS, the territory proposed for annexation is as described in the application on file with the LoœI.Agency Formation Commission; and . WHEREAS, the Executive Officer of the Commission has filed his report on said annexation, which report was received and considered by the Commission; and WHEREAS, all owners of land have consented in writing to the annexation; NOW THEREFORE, BE IT RESOLVED, that this Commission hereby finds, determines, and orders as follows: (1) The Commission certifies that the determination by the North County Transit District that this annexation is exempted by State CECA Guidelines Section 15303 from the requirements of CECA has been reviewed and considered, (2) The Commission hereby approves the annexation with modified boundaries, as described in Exhibit A attached hereto. (3) The boundaries of the territory as described in Exhibit A are definite and certain. (4) The boundaries of the territory do not conform to lines of assessment and ownership. (5) The district is a registered-voter district. . . . . (6) The territory includes 6.0 acres and is uninhabited. (7) The territory proposeq for annexation is hereby designated the "Commuter Rail Station Annexation" to the Encinitas Sanitary District. (8) The eornmission hereby .designates the .Encinttas Sanitary District as the conducting authority and authoriZes the Board of Directors to conduct proceedings in compliance with this resolution without notice and hearing. (9) The Executive Officer is hereby authorized and directed to mail certified copies of this resolution as provided in Section 56853 of the Government Code. . 2 - . . Passed and adopted by the LocaI,.Agency Formation Commission of the County of San Diego this 2nd day of August, 1993, by the following vote: AYES: Commissioners Keller ChUds, Fromm, Loscher, Sasso, and Shoemaker NOES: None ABSENT: Commissioners Jacob, MacDonald, and Wolfsheimer ABST AINJNG: None --------------------------------------------- . STATE OF CALIFORNIA) ) SS COUNTY OF SAN DIEGO) I, MICHAEL D. OTT, Executive Officer of the Local Agency Formation Commission of the County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original resolUtion adopted by said Commission at its regular meeting on August 2, 1993, which original resolution is now on file in my office; and that same contains a full, true, and correct transcript therefrom and of the whole thereof. Witness my hand this 4th day of August, 1993. ~~ MICHAEL D. OTT Executive Officer San Diego Local Agency Formation Commission . . . NOTICE AND D:I:SCLAJ:MER X. Date: F~ruan 26t 1993 Name: øoærB SAN DIEGO COUNTY TRANSIT"DEVELOPMENT BOARD X Mðress: 3\\- S,,\R~' 0 e:.~ ~~~ ~ 1 c....~ .~'1-05l.\ X . Pba1e: '\ Co"1' 1.. -ert ß . As the ~.~(s) for ~"!.5~' da1 ~.' .~ t~ied. as M...,sar' s ParC8l a--I"""" (s) - 0 - "Z.. 7- to the" DiStrict, J: ~~.taD4 agree tbat . tbe" . D1strlct ðce8 :DOt guara:atee sewer ~ vice or <> ...",t C ae.wer: ~ t.Y to t:he su1:Jject .po~LY be". ~. Also, tbe D1strlct, by acceptiDg the application doeS ~ ""...eS8l1t tbat. it wil1 1Mo~:UI8' 8IJY t1:W~t p1.~ expf"'-tœs or II8II8r l.1De ext...n nn. to pr;0V'1d8 œpacitY or service for tbe subject ax-. to be .ftftt'"-œð. ~~~ of t:lÜ8 app1'-~ion aD1 fiDal ,,~~~on of t:he 1Mo~LY aaly a"~ tbe po ~ L Y to be s.u:.,ed at such t:1me as tbe owœr (s ) of . tbe ~ 1Mo~LY pay aU œcesøaxy costs for the ...ørage fact1'-ties wh1ch can t:ra.D8POI:1:, t%8&t aD1 cS18pcse of tb8 wasteW&t8r ~ by tba 1Mo~ty. '1!Jis DBY mean the ~opoaen,t(s) 1J~11 pay far a part or all of tbe required fa.c11i.ties to serve tb8 l&~LY. J: alsO ~ t:bat if J: ~8ed in a group. --=nratiœ with ot:œr. parcels tbat ,."-1 such time as all of t:he ~~LY œu£8 pay in full t,ba'" yo particm. of t:b8 ~tia1 fees, tbat nœe. of t:b8 parcels will be cœ-iðÞred to be ~ . .. . . . ;;:? ~ v ~-~4Ý ~ " Sigœ.ture of ÁDiÌØXaE.è:a JIþp ic:aDt(s) .