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1993-743049 .0 8 8 ' ", " . .. -, ~ 1089 ' , DOC 11993-0143949,. , 04-HOU-1993 01=25 PM OFFICIAl RECœos SAM DIEGO CtUtTY RECIIOER'S OFFICE AllETTE EVANS, COUNTY RECORDER FEES: 0.00 F6 9p ^:¡:: ¡1<I¡t\;,,1,"O1 '(J,,~1¡A '!'~é.\"; ',l1j ~(¡ :,':',c:"'Jé:.>\ "Ii1,.,iG '!t"¡> h "~"-I'!I1',w>.; ~ °e: ,... .' ":' .' > t , -', '..." ,'. , .J " '." , ~~ ~ ~,,~ ;\ '\, \ \'i,\ ,. -. \:' ,,~,,~~~.~ }J ,j' ~~ ~~~<,~\ \\ -~ " ; .. 8 8 , 1088 ".,':4 ,--,' ,": "." . ""', POR.27 @) I I I I RHO LASENCINITAS I I MAP eQS I I I ~O:"'~~.... " "1', í ,.~ JH'H"', ,: ,SB» 1'71.8)3 '/'f, SUI. IJ/J(. 30" .+MP :JZ' f P. 0, 8, DATE: 7-7-93 MAPPING DIVISION L.A.PCO: DA 93-6 SCALE: 1. = 200' SAN DIEGO COUNTY ASSESSOR'S OFFICE AREA: 0.65 AC TRA PAGE: 6S-D LENNON ANNEXATION PO. NO: 8-D TRA: 19102 TO BIL: 265-331-38 DRAWN BY: M. SCHURR. CARDIFF SANITATION DISTRlCT llIOMAS BROS: 2S-CS ",'" ". 1082 -., - 8 8 It , '. .. . '> SAN DIEGO COUNTY Please return to: @ . ,. ~ LOCAL AGENCY FORMATION COMMISSION LAFCO CERTIFICATE OF COMPLETION MS A216 IILennon Annexatlon8 to Cardiff Sanitation District DA93-10 Pursuant to Government Code Sections 57200 and 57201, this Certificate is hereby issued. The name of each city and/or district included in this change of organization/reorganization, all located within San Diego county, and the type of change of organization ordered for each city and/or district are as follows: ~ Type of Change of Organj¡atiQa Cardiff Sanitation District Annexation A certified copy of the resolution ordering this change of organization/reorganization without an election, or the resolution confirming an order for this change of organization/reorganization after confirmation by the voters is attached hereto and by reference incorporated herein. A legal description and map of the boundaries of the above-cited change of organization/reorganization are included in said resolution. The terms and conditions, if any, of the change of organization/reorganization are indicated on the attached form. I hereby certify that I have examined the above-cited resolution for a change of organization/reorganization, and have found that document to be in compliance with the Commission's resolution approving said change of organization/reorganization. I further certify that (1) resolutions agreeing to accept a negotiated exchange of property tax revenues for this jurisdictional change, adopted by the local agencies included in the negotiati9ns, have been submitted to this office, or (2) a master property tax exchange agreement pertinent to this jurisdictional change is on file. dU i//- Date: November 1, 1993 MICHAEL D. OTT Executive Officer '. . . 8 8 .' 1083 ' " . LA F C 0 1600 Pacific Highway. Room 452 San Diego, CA 92101 . (619) 531-5400 San Diego Local Agency Formation Commission Chalrperaon ~J . , " 't" , , . "r John MaoDon8Id CERTIFICATE RE: ~~S ~D bON~IONS AND INDEBTEDNESS County Board of Supervllcn ", ; Members Subject: .Leti1Ioa~rut~.pn. to the Cardiff Sanitation District (DA93- 10) "'~J'~'U '. " Dianne Jacob County Board of SupeMlota Mark J. Lo8ch8r Certain terms and conditions are required by the Local Agency Formation Councllmemb8r, CIty of Commission to be fulfilled prior to the completion of the above-named San M8rooa change of organization. Joan Shoemaker , Mayor. CIty of B Cajon . 114 ~ f!' III t!4, f' A./Lt{f ,y oS Î I : Abbe WoIf8h8imer (Name) : Councllmemb8r. City of (11tl San DIego Dr. Ullian KeD.,. Chllda do . hereby. certify that the terms and conditions listed below have been fuBy Helix Water DIatrIct met. John Sauo 1. The boundaries shall be modified to conform to Exhibit A attached PrHident, Borrego Water Di8trIct hereto. Dr. Unell Fromm Public Member 2. Payment by the property owner of district annexation fees and State Alternate Members Board of Equalization charges. Brian P. BIIbray County Board of Supervl8ora Leonard M. Moore Win the affected property be taxed for any existing bonded indebtedness or Councllmember. City of contractual obligation? Chula VIsta Yes....;.. No - If yes, specify. Juan Vargas Councllmember. CIty of San DIego Ronald W. Wootton - . . ' VIsta FIre ProtectIon Dl8trlct Davicl A. Perkin. PubUc Member executive Otftcer MIchael D. Ott Counsel Uoyd M. Harmon, Jr. . ~ '. ~... 8 8 ... "", .' 1081 ' . . . . , RESOLUTIOR RO. 93-19 A RESOLUTIOR 01' TO BOARD 01' DIRECTORS 01' TBB CARDII'I' SUITATIOR DISTRICT .uoœXIRØ URRITORY TO WBICB O_RS DVB CORSD1'l'BD .. VARDA LEBOR ADBDTIOR" WHEREAS, pu!:'suant 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 13,1993, as Resolution No. 93-08, for annexation to the Cardiff Sanitation District (thereafter 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 presented to and approved by the Local Agency Formation Commission of San Diego County on September 13,1993, and this District was designated as the conducting District and authorized by resolution of order said annexation without notice . or hearing and without an elect~on 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 proceedi~gs were commenced was by resolution of application by this Board as stated above. b. The territory to be annexed has been designated DA 93-10 by the Local Agency Formation Commission, and the exterior boundaries of such territory are as hereinafter described. " .t.~". 8 8 ' . . . lO8j . 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. e. The terms and conditions of the proposed annexation are: Payment of annexation and State Board fees., f. All the owners of land within such territory have given their written consent to such annexation, as provided in Government Code, Section 56837; and therefore, as approved and authorized by the Local Agency Formatipn 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. Pursuant to State CEQA Guidelines Section 15301 (California Environmental Quality Act of 1970), the Board finds that this project is categorically exempt from evaluation. 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 Caltfornia, 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 a (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. .~" . . ,. .~ '. -:'~ 8 8 . .. 1086 ' . . ' PASSED AND ADOPTED this 13th day of October , 1993, by the followinq vote, to wit: AYES: Bond, Davis, DuVivier, Hano, Wiegand NAYS: None ABSENT: None ABSTAIN: None ,..., .. ".-.. ..-,' .,~, " ,-:j I'Ç-,~ - - ~..:--~~ ~ Jqes Bond, Chairman of the Board Çardiff Sanitation District ATTEST: (]~ Board I, E. J- PaoI. CIerIt ".. B8IId.of DirectIn of the CInIiII SlIIÍtIIIiIII DfIIriatIf be811m. -.,.....,.., ., '" , :t under ....., If....,. III ...... Î'lÌJI ~11" . .. .. --..., "" 1.. nlllI." .............. ...., '.IIt................... ~n'JU . ' - """'111 :,' ' ~(ftÆ ~, .8 /lci. , ..- '- v-" -'. -:.... -- ."""', ':....., 's::: ~ '~ ~ ,. "'-' .,.... , '-. --- ..... . -- - ,: e. . ' 8 .. '. 108' . " DA93-6 "LENNON ANNEXATlON" TO THE CARDIFF SANITATION DISTRICT All that portion of Lot 27 of the Subdivision of Rancho Las Encinitas, in the City of Encinitas, County of San Diego, State of California, according to Map. thereof No. 848, filed in- the Office of the County Recorder of San Diego County, June 27, 1898, together with that portion of "B" Street, vacated and closed to public use, as shown on Colony of OliVenhain¡ according tq Map thereof No. 326, filed in said County Recorder's OffIce, July 8, 1885, lying within the following described boundaries: Commencing at the southwesterly corner of Block 30 of said Map No. 326; 1. Thence north 15003'50" east along the westerly line of said Lot 30, a distance of 361.69; 2. Thence north 73°21' west, parallel with the westerly prolongation of the center line of 7th Street, as same is shown on said Map No. 326, a distance of 307.75 feet to the most easterly comer of land described in deed to Ernest H. Miller, et ux, recorded January 15, 1960, as File No. 8905 of Official Recórds of said county; 3. Thence south 15003'50" west along the southeasterly line of said Miller land, being also the center line of said liB" Street, a distance of 180.85 feet to the true point of beginning; . 4. Thence north 73°21' west, paraUel with the northeasterly line of said MUler land, a distance of 128.99 feet; 5. Thence south 15003'50" west, 220.46 feet to an intersection with the westerly prolongation of the center line of 6th Street, being also a point on the southwesterly line of land conveyed to Alton E. Kleinman, et ux, by deed recorded July 2, 1963, Series 4, Book 1963, as File No. 115515 of Official Records of said . county; 6. Thence south 73°11' east, 129.00 feet along said southwesterly line to the center line of said liB" Street; 7. Thence north 15003'50" east, 220.84 feet along said center line to the true point of '. beginning. ApprMd b.r the LOC8I "."., ,. ...... '..... ConmtI'.lun 01 tin DII8t .- ih:na SEP 1 3 1993 LAFCO Exhibit A 8/27/93 Page 1 of 1 - l' . . . j THE SAN DIEGO LOCAL AGENCY FORMATION COMMJSSION HAS ADOPTED A RESOLUTION APPROVING THE -LENNON ANNEXATION- TO THE CARDIFF SANITATION DISTRICT The foUowing filings to be made after the conducting authority has ordered the change(s) of organization [boundary change(s)] must be proces$ed 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/Council adopts a resolution/ordinance ordering the boundary change(s), the following materials must be forwarded to the LAFCO office: 1. Six (6) certified copies of the resolution/ordinance, . ~ with original signatures on each, 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 $200 (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 docu~9ts 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. Aú(/ September 30. 1993 MICHAEL D. OTT, Executive Officer Date - ' . . . . . Minute Item: 7 Ref. No.: DA93-10 RESOLUTION, OF THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN DIEGO '. . - . - MAKING DETERMINATiONS AND APPROVING THE 8LENNON ANNEXATION8 TO THE CARDIFF SANITATION 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 Cardiff Sanitation District, which resolution was adopted by the Board of Directors of said District as Resolution No. 93-08. dated April 13. 1993, 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 Commiss.ion 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 determinati.on by the Cardiff Sanitation District that this annexation is exempted by State CEQA Guidelines Section 15301 from the requirements of CEQA has been reviewed and considered. (2) The Commission hereby approves 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 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. - . . . . . ~ (5) The district is a registered-voter district. (6) The territory includes .65 acre and is uninhabited. (7) The territory proposed for annexation is hereby designated the -Lennon Annexation- to the Cardiff Sanitation District. (8). The Com~ission hereby designates the Cardiff Sanitation District as the conducting authority and authorizes the Board of Directors to conduct proceedings in compliance with this. resolution without notice and hearing. ..- . (9) The Executive Officer is hereby authorized and directed to mail certified copies of this resolution as provided in Sectio,n 56853 of the Government Code. . '. 2 - . . . . . . Passed and adopted. by the Local Agency Formation Commission of the County of San Diego.this 13th day of September, 1993, by the following vote: AYES: > Commissioners Bilbray, KenerChilds, Fromm, Jacob, Loscher, Shoemaker, Sasso, and Woffsheimer ... NOES: None- ABSENT: Commissioner MacDonald 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 September 13, 1993, which original resolution is now on file in my office; and that same contains a full, true, and correct transcript therefrom and of the whole thereof. Witness my hand this 30th day of September, 1993. ~~ . MICHAEL D. OTT Executive Officer. San Diego Local Agency Formation Commission - . - , . . DA93-6 .LENNON ANNEXATION. TO THE CARDIFF SANITATION DISTRICT All that portion of Lot 27 of the Subdivision of Rancho Las Encinitas, in the City of Encinitas, County of' San Diego, State of California, according to Map thereof No. 848, filed in' the Offiçeof the County Recorder of San Diego County, June 27, 189B,toQetI* . with that portion of .B8 Street, vacated and Closed to public use. as shown on Colony of Olivenhain, according tQ Map thereof No. 326, filed in said County Recorder's Office, July 8, 1885, lying within the foUowing desaibed boundaries: . Commencing at the southwesterly comer of Block, 30 of said Map No. 326; 1. Thence north 15003'508 east along the westerly Une of said Lot 30, a distance of 361.69; 2. Thence north 73°21', west, parallel with the westerly prolongation of the center line, of 7th Street, as same is shown on said Map No. 326, a distance of~7.75 feet to the most easterly comer of land descnbed in deed to Ernest H. Miller, at LaX, recorded January 15, 1960, as File No. 8905 of OffiCial Recórds of said county; 3. Thence south 15003'508 west along the southeasterly Une of said Miller land, being' also the center line of said .8. Street, a distance of 180.85 feet to the true point of beginning; . 4. Thence north 73~1' west, parallel with the northeasterly line of said MiDer land, a distance of 128.99 feet; 5. Thence south 15003'508 west, 220.46' feet to an intersection with the westerly prolongation of' the center line of 6th Street, being also a point on the southwesterly line of land conveyed to Alton E. Kleinman, at we,by deed recorded July 2, 1963, Series 4, Book 1963, as File No. 115515 of Official Records of said county; 6. Thence south 73°11' east. 129.00 feet along said southwesterly line to the center line of said .8. Street; 7. Thence north 15003'508 east, 220.84 feet along said center line to the true point of '. beginning. ~ by tbI'l.ocII.., ""111 M ... _RlIIIII""""'" .' ih:na SEP 1 3 193 LAFCO Exhibit A 8/27/93 Page1of1 . " . . POR. 27 I @) I I I RHO LAS ENCINITAS I I MAP 848 I I I ........ .. .. LocII ..;: , '" Oc&lllIlln"" . Ct)' .- SEP 1 ,~/ 193 DATE: 7-7-93 MAPPING DIVISION LAFCO: DA93-6 SCALE: 18 = 200' SAN DIEGO COUNTY ASSESSOR'S OFFICE AREA:. 0.65 AC TRA PAGE: 65-D > LENNON ANNEXATION PO. NØ: 3-B TRA: 19102 TO BIL: 26S-~31-38 DRAWN BY: M. SCHURR CARDIFF SANITATION DISTRlCT mOMAS J}ROS: 25-c5 '~ è . . . CONNEC'1'ION AGRBBKBN'l' The Cardiff Sanitation District, a sanitation district in the City of Encinitas, hereinafter called the District, and Vanda Lennon and Edward Lambert hereinafter called the Owner, agree as follows: 1. The OWner represents that the Owner of the real property described in the attached legal description as Exhibit A, in the City of Encinitas, State of California. 2. That said real property is located outside of the boundaries of the District and in close proximity to the PC 1889 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 PC 1889 sewer main. 4. That the connection to the District's sanitary sewer shall be made under the direction of the Engineering 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. 5. At the time of execution of this Agreement, the Owner shall pay, to the District the sum of $150.00 for the connection agreement. This sum is in addition to the District connection fees 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 Permit. 6. At the time of execution of this Agreement and before a Wastewater Discharge Permit shall be issued, the OWner shall pay, to the District the balance of the annexation fees. 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 7 from time-to-time in proportion to any increased cost or expenses 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. . 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. Dated this 30R. day of fY\-~, 1993. CLERK OF THE BOARD OF DIRECTORS owner~ ~ Owner ~~ ?'/ ~ . . . . "LENNO. AlOIBD'1'IO." '1'0, CaD BXHIBI'1' "A" That portion of Lot 27 of the SUBDIVISION OF RANCHO LAS ENCINITAS, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 848, filed in the Office of the County Recorder of San Diego County, June 27, 1898, TOGÉTHER WITH that portion of "B" Street, vacated and closed to public use, as shown on COLONY OF OLIVENHAIN, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 326, filed in said County Recorder's Office, July 8, 1885, described as follows: Commencing at the Southwesterly corner of Lot 30 of said Map No. 326; 1) Thence North 15°03'50" East along the Westerly line of said Lot 30 a distance of 361.69; 2) Thence North 73°21' West, parallel with the Westerly prolongation of the centerline of 7th Street, as same is shown on said Map No. 326, a distance of 307.75 feet to the most Easterly corner of land described in deed to Ernest H. Miller, et ux, recorded January 15,1960, as File No. 8905 of Official Records; 3) Thence South 15°03'50" West along the Southeasterly line of said Miller land, being ~lso the centerline of said "B" Street, a distance of 180.85 feet to the TRUE POINT OF BEGINNING; 4) Thence North 73 ° 21' West, parallel with the Northeasterly line of said Miller land, a distance of 128.99 feet; - 5) Thence South 15°03'50" West, 220.46 feet to an intersection with the Westerly prolongation of the centerline of 6th Street, being also a point on the Southwesterly line of land conveyed to Alton E. Kleinman, et ux, by deed recorded July 2, 1963, Series 4, Book 1963, as File No. 115515 of Official Records; 6) Thence South 73°11' East along said Southwesterly line 129.00 feet to the centerline of said f'B" Street; 7) Thence North 15°03'50" East along said centerline 220.84 feet to the TRUE POINT OF BEGINNING.