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)
.