1996-190192
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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
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MS A216 . ¡
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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
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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
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~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
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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
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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.
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. 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~...
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Deborah Cervone, Clerk of the Board
Ccvoae, Ci&y
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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
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ATTACHMENT 2
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OPEN SPACE:
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Approved by the ~AÍenè1 ~tJOn .
Commilllon.Gf S8ft.Oie80
SEC 9 -TI3S - R3W - . . .., ..
tFEB - 5 1996
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~~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
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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
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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.
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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
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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
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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.
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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:
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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)
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Cities
7A. SA95-27 Adoption of an Amendment to the Sphere of Approve
Influence for the City of Encinitas
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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
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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.
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City General Plan: Residential
City Zoning: R 0.26-0.50 (.26-0.5 du/acre)
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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).
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(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
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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;
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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
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. 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
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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 .
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. 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.
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~~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
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Franson Connection Agreement
10/23/95
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DATE:
10/11/95 VICINITY MAP LAFC .
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CALE: 1:2400
AREA:
EXIST. DIST. Dennis Franson Annexation to A.P.N.
BOUND. Cardiff Sanitation District 264-101-25
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BOUND. ROMAS BROS:
P. 1148 05
Attachment 2
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& MAP e~.-ClïY ~ ENCINITAS jCt NO. 4~7
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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
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LAFCO Agenda
February 5, 1996
Page 2
Recommended
CONTI Action:
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* 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)
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* 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
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Adjournment - Next Meeting Monday, March 4,1996
* Background Report Available
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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.
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