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1996-190192 . fQ~pt I ,~~-o !~~ ¡ ~2 P~j ~ . . RECORDING REQUESTED BY: OFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREûGRY SMITH, COUHiY RECORD£R San Diego County LAFCO FEES: 0.00 1190 AND WHEN RECORDED MAIL TO: LAFCO r \,' i :, ' MS A216 . ¡ . I, j j THIS SPACE FOR RECORDER'S USE ONL Y Certificate of Completion "Dennis Franson Annexation" to Cardiff Sanitation District (DA95-25) I (Please fill in document title(s) on above line(s) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION 6/94 Rec. Form #R25 . . WI "\ . SAN DIEGO COUNTY Please return to: LOCAL AGENCY FORMATION COMMISSION LAFCO CERTIFICATE OF COMPLETION MS A216 "Dennis Franson Annexation" to Cardiff Sanitation District DA95-25 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 organizationlreorganization, all located within San Diego county, and the type of change of organization ordered for each city and/or district are as follows: ~ Tyee of Chance of Oraanization Cardiff Sanitation District Annexation A certified copy of the resolution ordering this change of organizationlreorganization without an election, or the resolutton 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 agreement pertinent to this jurisdictional change is on file. Date: April 11, 1996 . . 81192 . ~f~g 1600 Pacific Highway. Room 452 San Diego, CA 92101 . (619) 531-5400 San Diego Local Agency Formation Commission Chairwoman CERTIFICATE RE: TERMS AND CONDITIONS AND INDEBTEDNESS Dianne Jacob County Board of Subject: "Dennis Franson Annexation" to the Cardiff Sanitation Supervisors District (DA95-25) Members BiI Hom County Board of Certain terms and conditions are required by the Local Agency Formation Supervisors Shirley Horton Commission to be fulfilled prior to the completion of the above-named Mayor, City of change of organization. Chura Vista Lori Howard I Ú}1/1d,.1Jr.AUPAbtJf!P flJAAAP' A'J.I /J~ )1/7Atsr Councilmember, City of Santee (Name) (Title) Harry Mathis . Councilmember, City of do hereby certify that the terms and conditions listed below have been fully San Diego met. Dr. Ullian M. Childs Helix Water District 1. Payment by the property owner of district annexation fees and State John Sasso Board of Equalization charges. President, Borrego Water District Dr. Linell Fromm Public Member Alternate Members Greg Cox County Board of Supervisors . - . Julianne N~aard Councilmember, City of Carlsbad Will th~ affected property be taxed for any existing bonded indebtedness Juan Vargas or coyvactual obligation? Councilmember, City of Yes - No - If yes, specify. San Diego Ronald W. Wootton f!)//nrl/L ¿Jrßu.lIJ,~ VISta Fire Protection District David A. Perkins Signature Public Member Executive Officer l ?:~//r;l:, Michael D. Ott ate Counsel (Acting) John J. Sansone . . . . 1193 RESOLUTION NO. 96-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARDIFF SANITATION DISTRICT ANNEXING TERRITORY TO WHICH OWNERS HA VE CONSENTED "MR. DENNIS FRANSON ANNEXATION" WHEREAS, pursuant to the Cortese-Knox Local Government Reorganization Act of 1985 (Govt. Code, Section 5600 et seq.) preliminary proceedings were commenced by resolution of application by this Board on October 11, 1995, as Resolution No. 95-09, for annexation to the Cardiff Sanitation District (thereafter referred to as the District) of certain territory therein described, which desqription has been modified pursuant to the directions of the Local Agen<?y 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 Diego County February 5, 1996, and this District was designated as the conducting District and authorized by resolution of order said annexation without notice or hearing and without an election pursuant to Government Code, Section 56837; NOW, THEREFORE, IT IS RESOLVED, ORDERED AND DETERMINED, pursuant to Government Code Section 57025 et seq.; a. The manner in which and by whom preliminary proceedings were commenced was by resolution of application by this Board as stated above. b. The territory to be annexed has been designated DA 95-25 by the Local Agency Formation Commission, and the exterior boundaries of such territory are as hereinafter described. c. The territory proposed to be annexed is uninhabited and will be benefited 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. , . . . 1194 e. The tenns and conditions of the proposed annexation are: Payment of State Board of Equalization fees. f. All the owners of land within such tenitory have given their written consent to such annexation, as provided in Government Code, Section 56837; and therefore, as approved and authorized by the Local Agency Formation Commission, this Board may adopt its resolution ordering the annexation without notice and hearing and without an election, as provided in Government Code, Section 57002. g. The regular County assessment role will be utilized and the affected tenitory will not be taxed for existing bonded indebtedness. ' h. Pursuant to State CEQA Guidelines Section 15139 (California Environmental Quality Act of 1970), the Board finds that this project is categorically exempt from further environmental review. IT IS FURTHER RESOLVED AND ORDERED that pursuant to Government Code Section 57002, the following described incorporated tenitory in the City ofEncinitas, State of California, be and it hereby is annexed to' and made a part of the Cardiff Sanitation 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 Local 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 (commencing with Section 54900), Part 1, Division 2, Title 5 of the Government Code. PASSED AND ADOPTED this 28th day of February, 1996, by the following vote, to wit: AYES: Aspell, Bond, Davis, DuVivier, Bano NAYS: No.ne ABSENT: None ABSTAIN: None ATTEST: J.1W8IIt c.-. Or, Clerk of the City of E>~ I '... JDj'.Á --A (\Á~~-Q,. 1" 17 ~ . ., ~ IIIIIfer PÇftIIty olperJUl! dill ... ...... ~ ~ J ill is . we - aIII8Ct copy ., dti8 1.- ~..Ii~""lawiate8l~... ~~~~~ Deborah Cervone, Clerk of the Board Ccvoae, Ci&y . . . . 1195 DENNIS FRANSON ANX. DA95-25 TO: CARDIFF SANITATION DIST. ALL THAT PORTION OF THE SOUTHWEST qUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, LYING WITHIN THE FOLLOWING DESCRIBED BOUND~IES: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 9; THENCE NORTHERLY ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER TO A LINE WHICH IS PARALLEL WITH AND 245.00 FEET SOUTHERLY, AT RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID QUARTER-QUARTER-QUARTER; THENCE EASTERLY ALONG SAID PARALLEL LINE TO A LINE WHICH IS PARALLEL WITH AND 345.00 FEET WESTERLY, AT RIGHT ANGLES FROM THE EASTERLY LINE OF SAID QUARTER-QUARTER-QUARTER; THENCE SOUTHERLY ALONG SAID PARALLEL LINE TO THE SOUTHERLY LINE THEREOF; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. ,'\pproyed by the Local Aaent:J Form8tion Commilllon of SIn Di8Io ¡ FEB .. 5 1996 12-95 JGRO. EXHIBIT A . ATTACHMENT 2 .. .' 1196 ! ......., ::: .2.1 9 AC I .. AAR 3 "0(- .1:1.) """ --So N , \) @ :.~O...c @¡.~1AC @2. ~~1: ~ "' ~ ~ ~ ... I- "I JJtI.%/ 77"uPMS386 HI7-U',H-, /32lJ.d @ 5 8~. S'&':r?-£~~ e. 40.00 AC. OPEN SPACE: , . , . , ' . . . , ' . , '. . . . . . " ' " . . . . '3rt. 'T . Approved by the ~AÍenè1 ~tJOn . Commilllon.Gf S8ft.Oie80 SEC 9 -TI3S - R3W - . . .., .. tFEB - 5 1996 . ~~12~5-1995 MAPPING DIVISION LAFCO: DA95-25 SCALa: 1 "=400' SAN DIEGO COUNTY ASSESSOR'S OFFICE AREA: 3.00 AC TRA.PG: 62-8 DENNIS FRANSON ANX. PG. No:8-84 TRA:19102 CARDIFF SANITATION DIST. BIl.:264-101-25 DRAWN BY:JOSE GRO. T.B.:1148-DS ATTACHMENT 3 . . . . . . THE SAN DIEGO LOCAL AGENCY FORMATION COMMISSION HAS ADOPTED A RESOLUTION APPROVING THE "DENNIS FRANSON ANNEXATION" TO THE CARDIFF SANITATION DISTRICT The following filings to be made after the conducting authority has ordered the change{s} of organization [boundary change{s}] must be processed by the LAFCO office: 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 adopts a resolution ordering the boundary change, the following materials must be forwarded to the LAFCO office: 1. Six {6} certified copies of the resolution/ordinance, inclu' the a roved Ie al descriDtion and maD. with an original signature on at least one certification 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 $ 250 {make checks payable to "State Board of Equalization"}. The Executive Officer will check all documents for compliance before filings 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 will 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. Februarv 7. 1996 MICHAEL D. OTT, Executive fficer Date . . . , Minute Item: 4 Ref. No.: DA95-25 RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN DIEGO MAKING DETERMINA TIOHS AND APPROVING THE "DENNIS FRANSON ANNEXATION" TO THE CARDIFF SANITATION DISTRICT On motion of Commissioner Sasso, 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 Cardiff Sanitation District, which resolution wa~ adopted by the Board of Directors of said District as Resolution No. 95-09, dated October 11, 1995, pursuant to Title 5, Division 3, commencing with Section 56000 of the Government Code; and WHEREAS, the territory proposed for annexation is as described in the application on file with the Local 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 Cardiff Sanitation District that this annexation is exempted by State CEQA Guidelines Section 15319(b) from the requirements of CEQA has been reviewed and considered. (2) The Commission hereby approves the annexation with boundaries as described in Exhibit A attached hereto, subject to the following condition: Payment by the property owner of district annexation fees and State Board of Equalization charges. (3) The boundaries of the territory as described in Exhibit A are definite and certain. (4) .The boundaries of the territory do conform to lines of assessment and ownership. . - '.""" . . Passed and adopted by the Local Agency Formation Commission of the County of San Diego this 5th day of February, 1996, by the following vote: AYES: Commissioners Childs, Cox, Fromm, Horton, Howard, Jacob, and Sasso NOES: None ABSENT: Commissioners Horn and Mathis ABSTAINING: 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 February 5, 1996, 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 7th day of February, 1996. MICHAEL D. OTT Executive Officer San Diego Local Agency Formation Commission .~,. ". .. ,. . . . " AGENDA LOCAL AGENCY FORMATION COMMISSION MONDAY, FEBRUARY 6, 1996 - 9:00 A.M. ROOM 358, COUNTY ADMINISTRATION CENTER 1600 PACIFIC HIGHWAY SAN DIEGO CALIFORNIA 1. Roll Call 2. Approval of Minutes of Meeting Held January 8, 1995 3. Executive Officer's Recommended Agenda Revisions 4. Public Comment: Opportunity for members of the public to speak to the Commission on any subject matter within the Commission's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed 3 minutes. - All items listed under the Consent Agenda have 100% consent of landowners, are considered routine, and will be enacted in one motion. There will be no separate discussion of these items prior to Commission action on the motion, unless members of the Commission, staff, or the public request specific items to be removed from the Consent Agenda. Recommended ~ Action: . 5. DA95-25 Proposed "Dennis Franson Annexation" to the Approve Cardiff Sanitation District (3 acres) 6. DA95-28 Proposed "Rancho Verde Annexation" to the Approve Leucadia County Water District (80.85 acres) ~ Cities 7A. SA95-27 Adoption of an Amendment to the Sphere of Approve Influence for the City of Encinitas . 7B. R095-27 Proposed "Leucadia Boulevard Reorganization" Approve . (City of Encinitas) - annexation of 3.3 acres to the City of Encinitas with detachment from the City of Cartsbad . " . . . . -' CONSENT ITEM 5 FOR MEETING OF: FEBRUARY 5, 1996 pro Dosa( "Dennis Franson Annexation" to the Cardiff Sanitation District (DA95-25) . ProDonent District, by resolution With consent of the property owner, this proposal involves annexation of a 3-acre parcel that is developed with a single-family residence and horse corrals. The subsurface sewage disposal system serving the home has disintegrated to a state of disrepair as documented by a private company providing septic service. The property owner plans to construct a new single-family residence elsewhere on the site and convert the existing home into a horse stable facility. Until the new residence is completed, the owner is living in the existing home. and has entered into an out-of-agency service agreement with the District that permitted immediate emergency hook-up for public sewer service. LAFCO's Executive Officer administratively approved that agreement on November 14, 1995. The site is surrounded by single-family residential development on the north, east, and west with agricultural fields on the south. The District has capacity to serve the territory, and a sewer. line is located 10 feet from the property. The territory is within the sphere of influence for the Cardiff Sanitation District. The annexation site is in the City of Encinitas with water service furnished by the Olivenhain Municipal Water District. The Board of Supervisors has adopted a Master Enterprise District Resolution stating that no property tax transfer would be required as a result of this jurisdictional change. - City General Plan: Residential City Zoning: R 0.26-0.50 (.26-0.5 du/acre) ~ North of Escondido Creek, east of WIldflower Drive, west of Vista Canon, and south of Bumann Road in the City of Encinitas (Thos. Bros. pg. 1148/D5). " ' . ~ II. - ...............~ ¡ , I Ó . . . . . . ."- r n (1) Certify that the determination by the Cardiff Sanitation District that this annexation is exempt by Section 15319(b) of the State CEQA Guidelines has been reviewed and considered; and (2) Adopt the form of resolution approving this annexation and authorizing the District to conduct proceedings without notice and hearing, subject to the following condition: Payment by the property owner of district annexation fees and State Board of Equalization charges. AIHI1mtDI Vicinity Map MDO:IEH:hm . '*., . . . . cu,~s ~ CONNECTION AGREEMENT FOR YOUR RECORDS . From City Clerk The Cardiff Sanitation District, a sanitation district in the City of Encinitas, hereinafter called the Distriçt, and Mr. Dennis Franson, hereinafter called the Owner, agree as follows: 1. The Owner represents that he or she is the Owner of ~e following described real property in the City of Encinitas, State of California: That portion of the southwest 1/4 of the southwest 1/4 of the northwest 1/4 of Section 9, T13 S, R 3 W, San Bernardino Meridian in the City of Encinitas, County of San Diego, State of California, according to the official plat thereof, described as follows: Beginning at the west 1/4 corner of said section 9; thence along the westerly line thereof; . 1. North 1"05'33" East 417.78 Feet; . 2. Thence North 89847'29" East 317.70 Feet; Thence South 0.56'45" West 416.39 Feet; 3. 4. Thence south 8~2'45" West 318.80 Feet, to the true point of beginning 2. That said real property is located outside of the boundaries of the District and in close proximity to the NS 1651 sewer main. 3. That the Owner shall have the privilege of connecting the sewer line from a single family dwelling located on said real property to the District's sanitary sewers known as the NS 1651 sewer main. 4. That the connection to the District's sanitary sewer shall be made under the direction of the Engineering Services Department of the City of Encinitas, in accordance with the ordinances . and regulations of the District. The cost of such connection shall be paid by the Owner. Franson Connection Agreement 10/23195 1 . . . 5. At the time of execution of this Agreement, the Owner shall pay, to the District the sum of $150.00 for this connection agreement. This sum is in addition to the District connection fee of $4,900 (and the pro-rata annual sewer service charge) per equivalent dwelling unit for the privilege of connecting to the District's sewer. Said connection fee is to be paid at the time of issuance of the Wastewater Discharge Pennit. 6. The Owner of said real property consents to the commencement of proceedings by the District to annex said property to the District. The Owner agrees that upon annexation of the above described real. property to the District said property shall become subject to any and all regulations, fees, taxes and assessments applicable to the property with the District. 7. The Owner, his executors, administrators, heirs, successors and assignees shall pay to the District on the first day of each calendar month following the connection of said building to . the sanitary sewer of the District a monthly service charge of$22.33 per month or $268.00 per year payable in advance. Said fee shall be paid pursuant to this Agreement until such time as the property upon which said building is located is annexed to the District. 8. The District shall have the power to increase the amount of the monthly service charge prescribed in Paragraph 6 from time-to-time in proportion to any increased cost or expenses I of operating the District. 9. The District agrees that upon connection of said property to the District's sanitary sewer, the District shall accept the domestic sewage from such building discharged into its sewer lines, which obligation of the District shall continue under the Agreement until such time as the above described real property upon which such building is located is annexed to the District, or . until this Agreement is terminated as hereinafter specified, whichever first occurs. Franson Connection Agreement 10/23195 . 2 . . . . 10. The Agreement may be terminated by the Owner, his executors, administrators, heirs, successors or assign by giving to the District ninety (90) days written notice of intention to terminated by serving such notice on the Clerk of the Board of Directors of the District. 11. This Agreement may be terminated by the District by giving ninety (90) days written notice of intention to terminate to the Owner, executors, administrators, heirs, successors or assigns, or to the occupants of the aforesaid. 12. This Agreement is entered into pursuant to authority granted to the District in the Health and Safety Code, Section 4742.1, and the parties agree that in no event shall this Agreement continue in force for a period of more than fifty (50) years from the date of its execution. 13. This Agreement shall take effect when executed by the parties. Date this 15th day of November, 1995. . 'SJ. L . (1.- ~~BA:e.A FteAN~ON } .~ 'L "'- -^- Jr........x-A..iî,--<,~ Owner ð~ c.... P tÃ-J'1J c:......... CLERK OF THE BOARD OF DIRECTORS Q~~N :£ Owner ~ ì . Franson Connection Agreement 10/23/95 3 . . . f \ -- ' " -- -,I '. I I \ ..~. I I --A,," I : ! ¡ , . .. DATE: 10/11/95 VICINITY MAP LAFC . . CALE: 1:2400 AREA: EXIST. DIST. Dennis Franson Annexation to A.P.N. BOUND. Cardiff Sanitation District 264-101-25 . - BOUND. ROMAS BROS: P. 1148 05 Attachment 2 - .. .. . - " - @ . 2.50AC North . . .' , QV @ 2.5°' SHT I .. ~ .. eo! @ 3. 29AC @> .u ,,~... I,"..: @ lac. ë -,- lac. ",; , . .....- .... . . ,.. I . - 1/) & MAP e~.-ClïY ~ ENCINITAS jCt NO. 4~7 '" , ( I . " '--..-- ,Project Location, .\, ) \;\ r' l' .. \ , ! , DATE: LAE . ! PLAT MAP . 10/11/95 ALE: AREA: 1 :200 EXIST. DIST. Dennis Franson Annexation to A.P.N. BOUND. Cardiff Sanitation District 264-101-25 . ROMAS BROS: BOUND. P. 1148 D5 AttAChment j - ,,-- ~~ -" --,.'"",'-.- . - .~- . '--- ~ -",-m~.w.._- .w~ . . ' . r~ LAFCO Agenda February 5, 1996 Page 2 Recommended CONTI Action: . * 8. SR95-9 Proposed Adoption of an Amendment to the Approve Sphere of Influence for the City of Chula VISta, and Possible Amendments to the Spheres of Influence for the Qtay Water District, Rural Fire Protection District, National City, and City of San Diego (Contlnuedftom January 8, 1996) ~ * 9. Future Provision of Sewer Services Within the City of Chula Continue to VIsta's Sphere of Influence April 1, 1996 * 10. Report of the San Diego Region Citizen's Commission on Information! Local Government Efficiency and Restructuring Direction "1 Adjournment - Next Meeting Monday, March 4,1996 * Background Report Available ." The Political Reform A~ prohibits a person appointed to the Local Agency Formation Commission from soliciting or accepting campaign contributions of more than $250 within the preceding 12 months from parties, participants, or their agents while a proceeding is pending before LAFCO and for three months following the decision. LAFCO commissioners who receive such contributions are required to disqualify themselves from participating in the proceedings. Both commissioners and contributors who are parties to the proceeding are required to disclose the contributions received or made. " ~ á I