1991-269844
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2200 DOC D: 1991-0269844
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06-JUH-1991 09=16 AM
SAN DIEGO COUNTY ~COtIIITy RECORDER'S OfFICE
LOCAL AGENCY FORMATION CO EVANS, COUNTY RECORDER
CERTIFICATE OF COMPLETIO FEES: 0.00
Please return to: "John Guidero Annexation" to
LAFCO @ MS A216
Encinitas Sanitary District
Ref. No. DA90-55 F:)
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Pursuant to Government Code Sections 57200 and 57201. this Certificate is hereby 1\ 1(-
issued. l
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:
Citv or District TvDe of Chan2e of Ornnization
Encinitas Sanitary District Annexation
". ..J.,'.""
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 fc,r 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.
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Mav 27, 1qq1
J E P. MERRILL Date
Executive Officer
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RBSOLUTIOllT NO. 91-02
A aBSOLUTION OP TBB BOARD OP DIRBCTORS
OP TBB BNCIlITITAS SABITARY DISTRICT
ADnIXIlITG TBRRITORY TO WBI,CB OWllTBRS BAVB CONSBNTBD
MJOBN QUIDBROM
WHEREAS , pursuant to the Cortese - Knox Local Government
Reorgan?-zation Act of 1985 (Govt. Code, Section 5600 et seq.)
preliminary proceedings were ccmnen.ced by resolution of application by
this Board on November l3, 1990, as Resolution'No. 90-l0, for
annexation the EIlcinitas Sanitary 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 Fornation Cœmission; and
WHEREAS,the annexation proposed by said resolution of
application was presented to and approved by the Local Agency
Formation Cœmission of San Diego COWlty on March 4, 1991, 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 seg.;
a. The manner in which and by whan preliminary proceedings
were cœmen.ced was by resolution of application by this
Board as stated above.
b. The territory to be annexed has been designated DA 90-55
by the Local Agency Fornation Cœmission, 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
, r
and Safety Code Section 4830.
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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 cœmercial purposes and
provision for sewage disposal facilities for said
territory is essential for such purposes. '
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e. The te:cns and conditions of the proposed annexation are:
Payment of annexation and State Board fees.
f. All the owners of lapd within such territory haVe given
their written consent to such annexation, as provided in
Govermnent Code, Section 56837; and therefore, as approved
and authorized by the Local Agency Fornation Carmission,
this Board may , adopt its resolution ordering the annexation
without notice and hearing and without an e~ection, 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. Pursuant to State CEQA Guidelines section 15074, and 15303
(California Environmental Quality Act of 1970), the Board
finds that this annexation 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 Encinitas Sanitary District.
IT IS FURTHER ORDERED that the Clerk of this Board imnediately
transmit a certified copy of this resolution along with a remittance
to cover the fees required by the Govermnent Code Section 54902.5 to
the Executi va Officer of the Local Agency Fornation Ccmnission of San
Diego County ,so that the ExecutiVe Officer may make the filings
required by Chapter 8 (commencing with Section 57200), Part 5,
Divisiœ 1, Title 6 of the Govermnent Code and by Chapter 8 .
(commencing with Section 54900), Part 1, Division 2, Title 5 of the
Government Code.
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. 2204
PASSED AND ADOPTED this 16th day of April, 1991, by the
following vote, to wit:
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AYES: Davis, Hano, Omsted, Slater, Wiegand
NAYS: None
ABSENT: None
ABSTAIN: None ~ùJ,~'
- Wi$!ðIld, ~ of ~ Board
Encinitas Sanitary District
ATI'EST:
E. J the Board
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 above and foregoing is a true and correct
copy of this-document <:>n file in my office. In witness whereof I
have set my hand and the Seal of the Encinitas,Sanitary District.
a 0 \:Jt.... Day Of~~ 19~ I
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~'<;~~'~D ~. .
. Jane :i:1¡ :ç~~c .. f~.. Board} ~ ~
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. - 2205
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DA90-55
"JOHN GUIDERO ANNEXATION"
TO
ENCINITAS SANITARY DISTRICT
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ALL THOSE PORTIONS OF LOTS 28,29,30, 31, AND 32 AND A, PORTION OF
ADJACENT STREET IN BLOCK 1 OF AVOCADO ACRES, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1791, FILED
IN THE COUNTY RECORDER'S OFFICE OF SAN DIEGO COUNTY, APRIL 29,1924,
LYING WITHIN THE FOLLOWING. DESCRIBED BOUNDARIES:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 32;
1. THENCE NORTH 89°26'00" WEST, 20.00 FEET, MORE OR LESS, ALONG THE
WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 32 TO THE
CENTER LINE OF OCEAN VIEW AVENUE, 40.00 FEET WIDE, AS SHOWN ON SAID
MAP NO. 1791;
2. THENCE NORTH 5°16'00" EAST, 393.25 FEET, MORE OR LESS, ALONG SAID
» CENTER LINE TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF
SAID LOT 29;
3. THENCE NORTH 89°52'30" EAST ALONG SAID PROLONGATION AND SOUTHERLY
LINE TO A LINE THAT IS 172.00 FEET EASTERLY OF AND PARALLEL WITH
THE WESTERLY LINE OF SAID LOT 29;
4. THENCE NORTHERLY ALONG SAID PARALLEL LINE TO A LINE THAT IS 76.00
FEET NORTHERLY OF AND PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT
29;
5. THENCE SOUTH 89°52'30" WEST, 192.00 FEET, MORE OR LESS, ALONG SAID
PARALLEL LINE AND THE WESTERLY PROLONGATION THEREOF TO THE CENTER
LINE OF SAID OCEAN VIEW AVENUE;
6. THENCE NORTHERLY ALONG SAID CENTER LINE TO THE WESTERLY PROLONGA-
TION OF THE NORTHERLY LINE OF SAID LOT 28;
5. THENCE NORTH 89°52'30" EAST ALONG SAID PROLONGATION AND NORTHERLY
LINE TO THE WESTERLY LINE OF STATE HIGHWAY XI-SD-2-A AS DESCRIBED
INDEED TO THE STATE OF CALIFORNIA, RECORDED DECEMBER 27,1961 AS
FILE NO. 222020 IN OFFICIAL RECORDS OF SAID COUNTY;
6. THENCE SOUTH 16°51'12" EAST, 672.43 FEET ALONG SAID WESTERLY LINE
TO THE SOUTHERLY LINE OF SAID LOT 32;
-7. THENCE NORTH 89°26'00" WEST ALONG SAID SOUTHERLY LINE TO THE POINT
OF BEGINNING. Apø,.o'led by the Local Ateney FormatIon
" CommiSSion of 51" 01... ;'
EXHIBIT A MAR -4 1991
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AppnMd bÝ the Local Aa8nc:y FormatiaR
. Commi8llcln of SIn Dill!) ~~ .
MAR - 4 1991
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P.O.B. MAP 1791 - AVOCAOOACRES - POR 8LK 1
~T~'
r~: 1-29-91 ' . MAPPING DIVISION L.AfCo: DA 90-55
SCALE: IN: 100' SAN DIEGO COUNTY ASSESSOR'S a=F1CE AREA.: 5.77 AC.
TRA MŒ: 65-A "JOHN GUIDERa ANNEXATION" TO 8IL: 256-152-YAR.
WN BY: N. ZAMORA ENCINITAS S~NTARY ~!ff.ICT 1'HOMAS SAQS: 24 D-3
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THE SAN DIEGO ¡
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LOCAL AGENCY FORMA TION COMMISSION 'lIAR 2 2
HAS ADOPTED A RESOLUTION APPROVING
THE -JOHN GUIDERO ANNEXATION- TO TilE
ENCINIT AS SANIT AR Y DISTRICT
The following filings to be made after the conducting authority has ordered the chanae(s)
of organization [boundary change(s)] must be processed by the LAFCO office:
1. County Recorder
2. County Assessor
3. County Surveyor
4. County Auditor
S. 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 chanae(s), the
following materials must be forwarded to the LAFCO office:
1. Six (6) certified copies of the resolution/ordinance, includin2 ~he aoDrovcd fcRal
descriotion and maD. with original signatures on each certifiéation page.
2. Certificate Re: Terms and Conditions and Indebtedness (use attached form). Please
return signed, oriainal copy.
3. State Board of Equalization fee in the amount of S J60 (make checks payable to
-State Board of Eq.ualization-). NOTE: FilinlS received in the LAFCO office after
November 15 and to be filed by December 31 must include an additional JO%, as
required by Section 3(f) of the State Board of Equalization Schedule of Processing
Fees effective July I, 1984.
The Executive Officer will check all documents for compliance before filinas 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.
March 8. J99J
JANE P. MERRILL, Executive 0 icer Date
1
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Minute Item: 8
Ref. No.: DA90-55
RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION
OF THE COUNTY OF SAN DIEGO
MAKING DETERMINATIONS AND APPROVING THE
"JOHN GUIDERO ANNEXATION" TO THE
ENCINITAS SANITARY DISTRICT
On motion of Commissioner Loscher, seconded by Commissioner Bilbray, 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. 90-10, dated November 13, 1990,
pursuant to Title 5, Division 3, commencing with Section 56000 of the Government Code;
and
WHEREAS, the territory proposed for annexation is as described rn the application
,. on file with the Local Agency Formation Commission; and ~ .
WHEREAS, the Executive Officer of the Commission has filed her 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 it has reviewed and considered the information
contained in the Negative Declaration prepared by the City of Encinitas for the territory
covered by TPM 89-012.
(2) The Commission certifies that the determination by the Encinitas Sanitary
District that annexation of the remaining territory is exempted by State CEQA Guidelines
Section 15303 from the requirements of CEQA has been reviewed and considered.
(3) The Commission hereby approves the annexation with modified boundaries,
as described in Exhibit A attached hereto, subject to the following condition:
Payment by the owner of district annexatiob. fees and State Board of
Equalization charges.
(4) The boundaries of the territory as described in Exhibit A are definite and
certain.
(5) The boundaries of the territory do conform to lines of assessment and
ownership.
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(6) The district is a registered-voter district.
(7) The territory includes 5.77 acres and is uninhabited.
(8) The territory proposed for annc;ltation is hereby designated the wJohn
Annexationw to the Encinitas Sanitary District.
(9) The Commission hereby designates the Encinitas Sanitary District as the
conducting authority and authorizes the Board of Directors to conduct proceedings in
compliance with this resolution without notice and hearing.
(10) The Executive Officer 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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Passed and adopted by the Local Agency Formation Commission of the
County of San Diego this 4th day of March , 1991 , by
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the following vote:
AYES: Commissioners Bilbray, Williams, Loscber, Shoemaker,
Wolfsheimer, Childs"Sasso, aM Fromm
NOES: None
ABSENT: CommissionerMacDonald
ABSTAINING: , None
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STATE OF CALIFORNIA)
) SS
COUNTY OF SAN DIEGO)
I; I, JANE P. MERRILL, Executive Officer of the Local Agency Formation Com-
mission 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 March 4.1991
, 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.
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Witness my hand this &tÞ day of March , 19 91 .
~ØRf
i J E P. MERRILL - "
Executive Officer
. San Diego County Local Agency
Formation. Commission
"~" "'_.~,~"--_._,-_._.",.y...-.,,
LAFCO 1600 Pacific Highway. Room 452
. . San Diego, CA 92101 . (619) 531-5400
San Diego Local Agency Formation Commission
Ch - CERTIFICATE OF FILING
3nperson
Fred Nagel .
Mayor,Cilyof TO: John G. Guldero
La Mesa 545 Ocean view Avenue
Members Leucadia, CA 92024
Brian P. Bilbray
Counry' Board of FROM: Executive Officer
Supen'lSors ,
Local Agency Formation Commission
Linell Fromm
Public Memht-r
Marjorie Hersom SUBJECT: "John Guidero Annexation" to Encinitas Sanitary District
Alpine Fire DA90-55
Protection District
~arkJ. Los~,her The above referenced proposal was initiated by x a resolution of
VIce Mavor. (.11\' of
San Mar~os . application by an affected legislative body, or - a petition of property
John MacDonald owners/registered voters which has been certified sufficient.
Counry' Board of
Supervisor!; The application is now complete and contains the information required by
~~~d~~:,s~orrego State law and the Commission's rules. Either I) resolutions of agreement to
Water District a negotiated exchange of property tax revenues for this jurisdictional change,
Abbe Wolfsheimer adopted by the local agencies included in the negotiations, have been
Coun~iImemht-r, Cityo! submitted to this office or 2) a master property tax exchange agreement
San Diego pertinent to this jurisdi~tional change is on file. Therefore, pursuant to
Alternate Members Section 56828 of the California Government Code, this Certificate of Filing
Dr',Lillian K~II~r Childs is hereby issued on Februarv 19. 1991.
Helix Water DIstrict
Mike Gotch Th' I .11 b .d d b h C .. . b h ld
Public Memht-r 18 proposa WI e conSl ere y t e ommlsslon at a meetmg to e e
Bruce Henderson on March 4. 1991. and scheduled to begin at 9:00 a.m., in Room 358 of the
CounciImemher, City of County Administration Center, 1600 Pacific Highway, San Diego. This
San Diego proposal will be a -3--100% consent, or -public hearing item.
Gavle McCandIiss
Co~ncilwoman, Citv of F . f. I ( 9) .
Chula Vista' or more In ormatIon, please cat 61 531-5400. The analyst for thIs
Leon L. Williams proposal is Dana Smith. \
Counry Board of
Supen'isor!; .
Executive OffICer ~ I'. ~ (.)0......;
Jane P. Merrill áÀNE P. MERRILL
Counsel
Lloyd M, Harmon. Jr, JPM:csg
CC: Encinitas Sanitary District
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As the praponent(..8) tar thJ.s anne:Qt:ion at p:'opert:y identified
as 1Z-S-6-/.:.s-z...-/¿; to the ,þ,JC/Nrr~ ..r~/~y
Assessar' s Parcel Num.ber ~
Cist=ict, I unåer~t~d and aqree th~t annexing into the Cist=ict does
not guarantee sewer service or commit sewer capaci~1 to the subject
property beinq annexed. Also, the Cist=ict by acceptinq the ap'Olication
does not represent ~at it will provide any treat:ent plant ~ansions
or sewer line e~ension to provide capacity or ser,ice for the subject
area to be annexed. Acceptance of this application and final annexation
ot the property only allows the prope~y to be serred at such time as
the owner ( s) of the annex property pay all necessarf costs for ~~e
sewEL.~qe tacili ties whi can transport, t::eat and dispose of t.~e
wastewater generated y e pro rty. This may mean the proponent ( s)
shall pay for a pc: a f the required :facilities to serve the
prope...l.f.
of Annexation Applicant
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As ~~?-rcpcn.n't:(s) ten: t.hls anne:œtion ot property iden't:itiec1
as -y's-:z.. - ..:z¿;> to the .z!!iiVC?'A/ /' ~ a:fþ/ /~J
I Assesscr's Parcel Number(s)
¡ Cist::ic:t:, I unåer:it3nd and aqree th3t annexing' into the Dist::ic:t: doez
not guarantee sewer service or commit sewer capaci~1 to the subject
property being' annexed. Usa, the District by accepting' the application
1 does not represent ~at i~ will provide any treat:ent plant ~ansians
or seve:: line e~ension to provide capacit7 or ser~ice for ~~e subjec~
area to be annexed. Acceptance of this application and final annexation
of the property only allows the property to be serred at such. time as
the owner{s) of tlle annexed property pay all necessarJ' costs for the
seweraqe facilities which can transport, t:'eat and dispose of ~~e
wastewater g'enerated by the property. This may mean the proponent (s)
shaJ.l pay for a par: or aJ.l of the required facilities to serve the
prope:-: Lf.
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As the prepone,cs) tar thJ.s anne:Qt:.i.on at prop.erty iclentitiec1
I as ~-/.s-:z--~ 30 to tne ~q#/",~ ~~ý
I Assessor I s Parcel NumÞer (s)
I District, I und.er::t:mc:l and ac¡ree that annexing into tne District doe:>
: not c¡uarantee sewer service or commit sewer capacity to the subj ec-:
! prepert"¡ beinq annexed. Uso, the District by accepting' the apolication
! cloes not represent ~at it will provide any treat:ent plant ~ansions
or sewer line e~ension to provide capaci~f or ser/ice for ~~e subjec~
area to be annexed. Acceptance of this application and. final annexation
of the property only allows the property to be serred. at such time as
the owneres) of tl:1e annexed. property pay all necessarf costs for the
sewe..~9'e facilities which can transport, t:'eat and dispose of ~"le
wastewa tar qenera tad by the property. This may mean the proponent ( s )
shall pay for a par: or all of the required. facilities to serve the
prope..-ty .
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As the proponent:y> tar thls anne:Qtion at property. ic1entitiec1
as ~S;-6.... /.s-z.....- ::!T.;Z ::J'j to t:l1e ~c../A'/ ~ .J""~/~r
I Assessor's Parcel Num.ber ( s )
! Cist=ic:t, :r under::.t3nd and aqree that aMexing into t:l1e Cistric:t doe::;
not guarantee sewer service or commit Slinoler capacity to the subject
: prope~1 being' annexed. Uso, the Cis1::'ict by accepting the application
! does not represent ~at it will provide any treat:ent plant ~ansions
or se~er line e~ension to provide capacity or ser~ice ~or ~~e subject
area to be annexed. Acceptance of this application and final annexation
of the property only allows the property to be serled at such. time as
the owneres) of the annexed property pay aJ.l necessar.l costs for tb.e
sewerage facilities which can trans¡:or-..., 1::'eat and dispose of ~~e
waste~ater generated by the property. This may mean the proponent (s)
shal.l pay for a part or all of the re~ed facilities to serve the
prope.."'"ty .
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signa. of A.nnexauon Applicant
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As the proponent(s) for t:.hJ.s anne:Qtian of pJ:operty 1clentitied
, a.s ~ç-- /s-z. - 7-1L- to the ~c:;r;v /?7f1-r ~/~Atý
I Assessor's Parcel Numberes)
Cist=iC't:, J: under::t3nd and. aqree th~t annexing into the Cis1:=ict åoez
' ' not guarantee sewer service or commit sever c:apac:i~¡ to the subjec't
: propert:"¡ being- annexed. A.lso, the Cist::ic:t by accepting' the application
I does not represent ~at. it will provide any treaaent plant ~ansions
or sever line e~ension to provide capacity or ser~ic:e for the subjec~
area to ,be annexed. Acceptance of this application and final annexation
ot the property only allows the property to be served at such. time as
the owneres) of ~e annexed property pay all necessar¡ costs tor the
seweraqe tacilities which can tranSi=ort, t=eat and dispose ot t...~e
wastewater generated by the property. This may mean the proponent(s)
shal.l pay for a par: or all of the rec¡uired facilities to se.-ve the
property .
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As the preponent:,.C4) ter 1:hJ.s aMe:Qt:ion ot property identitied.
as ~h- /.s-:2--:z4- to the ~PO/N /n:;- ~/J?1b(.7
Assessor I S Parcel Number J.4>
Cist=ic:t:, I under:;t:t.nd and aqree t:b3t aMexing into the Cist:'ic:t doez
not C]U3rantee sewer service or cemmit sewer capacit:'¡ to the subj ec~
prepe::t:'¡ being' annexed. Also, the Cist:'ict by accepting' the applic:a.tion
does not represent ~at it will provide any treat:ent plant ~ansions
or sewer line e~ension to provide capacit? or serrice for ~~e subjec~
area to be annexed. Acceptance of this application and final annexation
of the property only allows the property to be serred at suc~ time as
the owner C s) of the annexed property pay all necessar¡ costs for ~~e
sewEL.~9'e facilities which can transport , t...-ea t and dispose of ~~e
wasteva tar generated by the property. This may mean the proponent C s)
shal.l pay for a part or al.l of the required facilities to se=ve the
prope--ty.
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80/04/M~J-:17wpS (1-l7-~'J-J)
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. . Date:
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Addru8 ~~~
As the proponent(s) tor this annexation at property identitied ,
as to the !f";Jc/A.1 / t19-r ~/7/f-I£"(
Assessor's Parcel Number(s)
District, I understand and agree that annexing into the District does
not guarantee sewer service or commit sewer capacity to the subject
property being annexed. Also, the District by accepting the appl;i.cation
does not represent that it will provide any treatment plant expansions
or sewer line extension to provide capacity or service for the subject
area to be annexed. Acceptance of this application and final annexation
of the property only allows the property to be served at such time as
the owner (s) of the annexed property pay all necessary costs for the
sewerage facilities which can transport, treat and dispose of the
wastewater generated by the property. This may mean the proponent (s)
shall pay for a part or all of the required facilities to serve the
property.
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BO/O4/MS3-217wp5 (1-17-89-3)