1994-359200
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A 1575) 02-JUH-1994 10=21 AM
OFFICIAL RECORDS
SAM DIEGO COUHTY RECORDER'S OFFICE
GREGORY SnITH, COUHTY RECORDER
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RESOLUTION NO. 92-22
A RESOLUTION OP TBB BoAJU) OP DIRECTORS
, OP TBB CARDIJ'J' SUITATION DISTRICT
Amœ%ING TERRITORY TO nICK OWHERS BAn CONSENTED
"DANIEL SBBLtBY AJŒBDTION"
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 April 3,1990 as Resolution No. 90-
16, for,annexation to the Cardiff Sanitation District
(thereinafter referred to as the District) of certain territory
therein described, which description has been modified pursuant
to the directions of the Local Agency Formation Commission; and
WHEREAS, the annexation proposed by said resolution of
application was p~esented to and approved by the Local Agency
'Formation Commission of San Diego County on July 6,1992, 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 92-12 by the Local Agency Formation Commission, and
the exterior boundaries of such territory are as '
hereinafter described.
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c. The territory P:r:ópösèti to tie 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 aþove 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 give~
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 territory will be taxed for existing
bonded indebtedness.
h. Whereas, pursuant to Certified Environmental Impact
Report #SCH 87-021801, the Board finds that this
project would not have' a significant effect on the
environment.
IT IS FURTHER RESOLVED AND ORDERED that pursuant to
Government Code Section 57002, the following described
incorporated territory in the City of Encinitas, 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 50f the Government Code.
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PASSED AND ADOPTED this 18th clay of AUgust ,1992, by the
followinq vote, to wit:
AYES: Davis, Hano, Omsted, Wiegand
NAYS: None
ABSENT: Slater
ABSTAIN: None
ohn Davis, Chairman of the Board
Cardiff Sanitation District
ATTEST:
t?~
Clerk of the Board
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DA92-12 "DANIEL SlIEr J ~ ANNEXA110N" TO nœ
CARDIFF SANIT A 110 N D IS1RI cr 1577
All those portions of the northwest quarter and the southwest quarter of Section 26,
Township 13 south, Range 4 west, San Bernardino Bas~ and Meridian, in the City of .
Encinitas, County of San Diego,. State of Calüomia, according to the Official Plat of said
land filed in the District Land Office July 18, 1881, desaibed as follows:
Begjnning at the west quarter comer of said Section 26;
1. . Thence along the westerly line of said section, northerly, 100.01 feet;
2. Thence north 7goS2'06" east to a line which bears north 20039' west from a point on
the south line of the northwest quarter of said Section 26, distant thereon 734.95 feet
.from.the southwest comer of said northwest quarter;
3. Thencè south 20039~ east along said line to said point;
4. Thence continuing south 20"39' east, 682.60 feet to the southerly line of the land
conveyed to Sarah R. Shelley, recorded Marcli 21, 1933, as Document No. 17655, in
Book 197, Page 186 of Deeds, of said county;
5. Thence along said Shelley land, south 780)0'21" west, 266.30 feet to a point in the
northeasterly line of Road Survey No. 1469 (Manchester Avenue), on file in the
County Engineer's Office of said county;
6. Thence northwesterly and wes.terly alông the northeasterly and northerly line of said
survey ~o a point in the westerly line of said Section. 26;
7. Thence northerly along said westerly line to the point of beginning.
ApProved by the Local Agency Formation
- Commission Qf San Diqo
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JUL - 6 1992
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LAFCO Exhibit A
6/29/92 Page 1 of 1
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TIIE SAN bŒGO
LOCAL AGENCY FORMATION COMMISSION
HAS ADOPIED A RESOLUTION APPROVING
THE "DANIEL SHElLEY ANNEXATION" TO TIIE
;-... .. "", CARDIFF SANITATION DISTRICT
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The following fiJings to be made after the conductin¡ authority has ordered the change(s)
of organization [boundary change(s)] must be processed by the LAFCO office:
1. County Recorder 4. County Auditor
2. County Assessor 5. State Board of Equalization
3. County Surveyor
Any other filings remain the responsibility of the condudin¡ 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).
H 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/ ordit1~ce, .
- with original signatures on each certification page.
2. Certificate Re: Terms and Conditions and Indebtedness (use attached form). Please
return signed, original copy.
3. State Board of EquaJi7.ation fee in the amount of S 180 (make checks payable to
"State Board of Equalization"). wm: Filings received in the LAFCO office after
November 15 and to be filed by Deœmber31 must include an additiona110%, as
required by Section3(f) of the State Board of Equalization SChedule of Processing
Fees effective July 1, 1984.
The Executive Officer will check all documents for compliance before filings are made.
Amendments to the LAFCO resolution, including boundary modifica~ns, can only be made
by the Commission. All doçuments recorded and copies of letters of aclœowledgment will
be returned to the conducting authority.
H you need additional infOl'11Ultion, or. require further assistance, please call the
Commission's office at (619) 531-5400.
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I .. P.MBRRILL, Executive Officer Date
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Minute Item: 10
Ref. Nos.: SA92-7; DA92-12
RESOLUI1ON OF DIE LOCAL AGENCY FORMATION COMMISSION
OF 'I1IE COVN1Y OF SAN DIEGO
ADOPTING AN AMENDMENT TO 'DIE SPIlDE OF INFLUENCE
FOR 'I1IE CARDIFF SANlTA110N DISTRICt
AND
MAKING DETERMINATIONS AND APPROVING THE
"DANIEL SHELLEY ANNEXA110N" TO 'DIE
CARDIFF SANITATION DISTRICt
On motion of Commissioner Sasso, seconded by Commissioner Keller Childs, the
following resolution is adopted:
WHEREAs, pursuant to Government Code Section 56415, the San Diego I..oca1
Agency Formation Commission is required. to develop and determine a sphere of influence
for each local governmental agency within the County; and
WHEREAs, the Commission adopted a sphere of influence for the Cardiff Sanitation
District on December 12, 1983; and
WHEREAs, an application has been made to amend the sphere of influence for the
Cardiff Sanitation District; and
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WHEREAs, a resolution of application was submitted to this Commission for
annexation of territory to the Cardiff Sanitation District, which resolution was adopted by
the Board of Directors of said District as Resolution No. 90-16, dated April 3, 1990,
pursuant to TItle 5, Division 3, commencing with Section 56000 of the Government Code;
and
~ the territory proposed for a sphere amendment and 811nexation is as
described in the application on file with the Local Agency Formation Commission; and
WHEREAs, the Executive Officer of the Commission has filed her report on said
sphere aJnl!MnteDt and aunexation, which report was received and éonsidered by the
Commission; and
WHEREAs, pursuant to Government Code Section 56427, the Executive Officer of
this Commuon set a public hearin¡ on the proposed sphere amend1Dent > for July 6, 1992,
and gave notice of the date, -, and pJace of said hearin¡ in accordance with Government
Code SectiODs S6834 and 56135; and
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WHEREAS, all owners of Janel have aBlsented in writing to the annexation;
NOW 'DŒREFORE, BE IT RESOLVED, ~t this Commission hereby finds,
determines, and orders, as follows:
(1) The hearúJ¡ was held on the date.t therefore, and due notice of said hearing
was given in the mail"" required by Jaw.
(2), At that hearing the Cnmmi-.ioa called for, heard, and considered all
interested parties aud read and considered tile report of the Executive Officer.
(3) The CommiMion adopts the fi"", included in the resolution of approval of
the Cardiff Sanitation District for the ßnpaål identified in the Environmental Impact
Report, and .œt1iñes that the mitigation is within the jurisdiction of the City of Encinitas and
not LAFCO because the affected resourcesaud services are within the city limitS.
(4) The Cnmmission has considered the factors enumerated in Section 5642S prior
to adopting the amendment to the sphere of ÎDftuence for the Cardiff Sanitation District.
(5) The Cnnunission hereby dete1'DlÎDeS that territory shall be included in the
sphere of influenœ for the Cardiff Sanitation District as that territory shown on Map B,
attached hereto and adopts the Statement 01. Determinations as provided in Exhibit B
pursuant to Section 56425' of the Government Code.
(6) The Cmnmission hereby approwa the annexation with modified 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
EquaJization charges.
(7) The boundaries of the territory - described in Exhibit A are definite and
certain.
(8) 1)e bouudaries of the territory do conform to lines of assessment and
ownership.
(9) The district is a registered-voter diStrict.
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(10) The territory indudes 1219 aaa and is uninJ,abited
. (11)]be territory proposed for An~ is hereby designated the "Daniel Shelley
A do . to th Cadiff Sanitation District.
nnexa n e
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(U) The Commiuion hereby deaipttes the Cardiff Sanitation Distrid as' the
conduáin¡ authority and authorizes the Board of Directors to conduct proceedings in
complial1œ with this resolution without notice and headDg.
(13) The Executive Offic:er is hereby authorized and directed to mail certified
copies of this resolution as provided in Section 56853 of the Government' Code.
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DA92-12 "DANIEL 81m' J RY ANNEXA110N" TO nm
CARDIFF 8ANITA110N DISTRIcr
All those portions of the northwest quarter and the southwest quarter of Section 26,
Township 13 south, Range 4 west, San Bernardino Base and Meridian, in the City of .
Encinitas, County of San Diego, State of California, according to the Official Plat of said
land filed in the District Land Office July 18, 1881, described as follows:
Beginning at the west quarter comer of said. Section 26;
1. . Thence along the westerly line of said section, northerly, 10CtOl feet;
2. Thence north 7goS2'06" east to a line which bears north 2<r39' west from a point on
the south line of the northwest quarter of said Section 26, distant thereon 734.95 feet
fromthe southwest comer of said northwest. quarter;
3: Thencè south 20039' east along said line to said point;
4. Thence continuing south 20039' east, 682.60 feet to the southerly line of the land
conveyed to Sarah R. Shelley, recorded Mardi 21, 1933, as Document No. 17655, in
Book 197, Page 186 of Deeds, of said county;
5. Thence along said Shelley land, south 780.30'21" west, 266.30 feet to a point in the
northeasterly line of Road Survey No. 1469 (Manchester Avenue), on file in the
County Engineer's Office of said county;
6. Thence 'northwesterly and wes.terly alóng the northeasterly and northerly line of said
survey to a point in the westerly line of said Section 26;
7. Thence northerly along said westerly line to the point of begjnniTJg.
Approved by the local Agency Formation
. . , Commission of San Diego
JUL - 6 1992
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LAFCO Exhibit A
6/29/92 Page 1 of 1
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RECOMMENDED STATEMENT OF DETERMINATIONS
PROPOSED AMENDMENT TO TIlE SPHERE OF INFLUENCE FOR TIlE
CARDIFF SANITATION DISTRIcr
"Daniel Shelley Annexation"
The following statement of determinations is prepared pursuant to Section 56425 of the
Government Code for designation of the area shown on the attached map as an amendment
to the sphere of influence for the Cardiff Sanitàtion District.
(1) The present and planned land uses in the area, including a~cultural and
open space lands.
The sphere amendment territory includes 12.19 acres, is currently vacant, and is proposed
to þedeveloped With 52 single-family residences. . The Encinitas General Plan designation
for the sphere territory is single-family residential (8 to 11 du/acre); city zoning is R-ll.
(2) The present and probable need for public facilities and services in the area.
. Please refer to (3).
(3)' The present capacity of public facilities and adequacy of public services which
the agency provides or is authorized to provide.
The sphere amendment and annexation are propdSed for the purpose of extending sewer
service to the site. A sewer line is 800 feet from the property and the Cardiff Sanitation
District has sufficient capacity to serve the area.
(4) The existence of any social or economic. communities of interest in the area'
if the commission determines that they are relevant to the agency. .
Social and economic communities of interest are not relevant in coJlSidering this sphere
amendment.
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Approved by the Local Agency Formation
Commission of San Diego
JUt - 6 1992
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'\ SA92- 7 Adoption of an Amendment to the Sp~here of
Influ(:;"!ce for the Cardiff Sanitation District
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\ DA92.12 Proposed "Daniel Shelley Annexation"
tò the Cardiff Sanitation District
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ApProved the Local Aøenc:y Formation
- Commission of San Dieto
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JUl - 6 1992
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~TE' 6-2 -92 . MAPPING DIVISION '-"= DA92 -12
SCAu:: I " = 200 I SAN DIEGO COUNTY ASSEssœ's CFFICE -..: 12. 19 AC
TR.t.. PAGE: 65-E DANIEL SHELLEY AN-X. 8/t.: 2.6r-OrO-10
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Passed and adopted by die I.oca1 AgeŒy Fonuation Commission of the County of San
Diego this 6th day of July, 1992. by the fo~ vote:
AYES: Cnmmissioœrs Keller Childs, Fromm, Loscber, MacDonald,
Sasso, ShoelftÜer. and W o1fsheimer
NOES: None
ABSENT: Commissjoner BübJay
ABSTAINING: None
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STATE OF CALIFORNIA)
)SS
COUNTY OF SAN DIEGO)
I, JANE P. MER.RIU., R1reœtive Officer of tile Local Agency Formation Commission of
the County of San Die&o, State of CalüoDlia. hereby certify that I have compared the
foregoing copy with the onp.u.l resolution adopted by said Commission at its regular
meeting on July 6, 1992, which original resolutica is now on file in my office; and that same
contains a full, true, and œrrect transcript therefrom and of the whole thereof.
Witness my hai1d this 13th day of July, 1992.
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1. P. MERRIlL
I3zeadive Officer
SanDic¡o I..oca1 Agency Formation Commission
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Approved the Local Apncy FonnatiDn
Commission of SIn Dieøo
JUL - 6 1992
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~TE: 6-2-92 MAPPING DIVISION l.NC~.
. . DA92-12
SCAI..£: 111-200' SAN DIEGO COUNTY ASSESSæ'S a=FICE MEA: 12.19 AC
~ PACE: 65-E. DANIEL SHELLEY ANX. fUt.: 2.6r-OrO-10
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CARDIFF SANITATION DIST.
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