Loading...
1992-47083 . ' . 110. ~ ¡ , SAN DIEGO COUNTY LOCAL AGENCY FORMATION COMMISSION CERTIFICATE OF COMPLETION1 r ~ ~, ~.=;~ >=~ . =" ,,"- ~ ..-~~. ~. """,,--,'! '-'r- " <" <". ~'----" '- .,. -.,' Please return to: "Kilaallon Annexation II - -'--, LAFCO @ MS A216 to the Cardiff :.---, -- Sanitation District - ""-.. -- - -, Ref.No. DA91-24 Pursuant to Government Code Sections 57200 and 5720 I, 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: City or District Type of Change of Organization 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 (J) resolutions agreeing to accept a negotiated exchange of property tax revenues fúr 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. ~~'Í..~~ ~ January 9, 1992 JA! E P. MERRILL Date Executive Officer . . ~ 1107 LAFCO 1600 Pacific Highway. Room 452 San Diego, CA 92101 . (619) 531-5400 San Diego Local Agency Formation Commission CERTIFICATE RE: TERMS AND CONDITIONS AND INDEBTEDNESS Chairperson John Sasso Subject: "Kilgallon Annexation" to the Cardiff Sanitation District (Ref. President, Borrego Water District No. DA91-24) Members Brian P. Bilbray Certain terms and conditions are required by the Local Agency Formation County Board of Supervisors Commission to be fulfilled prior to the completion of the above-named Dr. Lillian Keller Childs change of organization. Helix Water District Linell Fromm Public Member Mark J. Loscher -./ 0 /1r1 ~ /E ~/77£J AA7/VN£.e- Vice Mayor, City of I San Marcos John MacDonald (Name) (Title) County Board of Supervisors do hereby certify that the terms and conditions listed below have been fully Joan Shoemaker Mayor, City of met. El Cajon Abbe Wolfsheimer Councilmember, City of 1. The boundaries shall be modified to conform to Exhibit A attached San Diego Alternate Members hereto. Bruce Henderson Councilmember, City of 2. Payment by the property owner of district annexation fees and State San Diego Ernest Kotnik Board of Equalization charges. San Miguel Consolidated Fire Protection District Leonard M. Moore Mayor Pro Tern, City of Chula Vista David A. Perkins Will the affected property be taxed for any existing bonded indebtedness or Public Member contractual obligation? Leon 1. Williams County Board of Yes - No ~ If yes, specify. Supervisors Executive Officer -~ Jane P. Merrill --A ~ Counsel ' Signature Lloyd M. Harmon, Jr. ~~/~/ D e . . . 1108 - RESOLUTION NO. 91-37 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARDIFF SANITATION DISTRICT ANNEXING TERRITORY TO WHICH OWNERS HAVE CONSENTED -GERARD KILGALLON 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 June 11, 1991, as Resolution No. 91-24, for annexation 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 presented to and approved by the Local Agency Formation Commission of San Diego County on October 7, 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 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 91-24 by the Local Agency Formation Commission, and the exterior boundaries of such territory are as hereinafter described. 800II' 3 . ....' /77 , . 1109 . "- c. The territory proposed to be 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 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 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. Pursuant to State CEQA Guidelines Section 15301 (California Environmental Quality Act of 1970), the Board finds this annexation 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 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. Book' --.3 . p..." /1~ , . . 111.0 . PASSED AND ADOPTED this 5th day of October, 1991, by the following vote, to wit: . AYES: Davis, Hano, Omsted, Slater, Wiegand NAYS: None ABSENT: None ABSTAIN: None .- n Davis, Chairman of the Board Cardiff Sanitation District ATTEST: ~ . ì ; û (fl~ J~. V¿~ E. JANE POOL, Clerk of the Board ( ~ E. Jane Peat, an of lie BoIrd of DirecIDrs of the Cardiff SaniIation District., ~ CIIIni8. do herebr certify under P8IIIItr ..,..., lilt .. ... .. ........ is . true and CII18Ct _If"" - allt.. 11"""11 witness ...., I -lit.,.... .. lie SIll" III CInØIJ SIaitItioo 9'~ ~IU~ 18 ?I ~. . iI- BoolI' J . p... ,/71 ; , . . 1111 . . DA91-24 "Kilgallon Annexation" to the Cardiff Sanitation District That portion of blocks 33 and 34 of Colony of Olivenhain, in the City of Encinitas, County of San Diego, State of California, according to map thereof No. 326, filed in the Office of the County Recorder of San Diego County, July 8, 1885, together with portions of vacated 6th Street, 7th Street, "F' Street, "G" Street, and "H" Street adjoining said blocks, lying within the following described boundaries: Beginning at the intersection of the center lines of said 7th and "1-1" Streets; 1. Thence soUtherly along the center line of said "H" Street, south 15"09'00" west, ~09.30 feet to the center line of said 6th Street; 2. Thence westerly along said center line of said 6th Street, north 73°11 '00" west, 282.27 feet; 3. Thence north lSO09'00" east, 658.47 feet to a line which is paranel with and distant 155.05 feet southerly of and measured at right angles to the center line of said 7th Street; 4. Thence north 73OZ1'00" west, 452.33 feet along said parallel line to the westerly line of the easterly 10.00 feet of said "F" Street; 5. Thence north 15°09'00" east, 155.05 feet along said westerly line to the intersection with the center line of said 7th street; 6. Thence south 73OZl'OO" east, 734.59 feet along said center line to the POINT OF BEGINNING. Exhibit A lAFCO October 1991 Approved by the Local Agency Formation csg:ih -....,. Commission of San Diego OCï 7 1991 ~J',~ZL EJ<8Clltive id Commission Book' J -' /~O . p... I. . . . .. . . ', ' 1112 t... ~.- '. - . - - - .. - . -. ~. Of p. . . , I . I . ~', ...: ,"', t},' ø' ~,' - "i,' COLOO Œ.IVEM-iAIN . . Approved by the Local Agency Formation MAP 326 -'. Commission of San Diego "-'- OCT 7 1991 .3 . "'. I. J g;¿ BooII' .. ~ ), ;;; ZL. í , EJ<eart¡". Id Comm,ØÌOfI , /~ /0 Z 8-.]3: DATE: 8 -27 -91 MAPPING DIVISION LAFCO: DA9( -24 .ALE: NO SCA L E SAN DIEGO COUNTY ASSESSOR'S OFFICE AREA: 6.89 AC .RA. PAGE: 6 2 - A KI LGALLON ANNEX. B/1..: 265-026 -II TO i DRAWN BY: M. SCHURR CARDIFF SANITATION DISTRICT THoMAS BROS: 25 - 05 - ,-, ,. . . LAFCO 1600 Pacific Highway. Room 452 San Diego, CA 92101 . (619) 531-5400 San Diego Local Agency Formation Commission Date: March 25, 1992 TO: Assessor Chairperson Assessment Mapping Division (A4) ~\:¡rk J, L()sch~r Counctlm~n, City of FROM: Local Agency Formation Commission (A216) S~n ~brcos Members SUBJECT: "Kilga11on Annex~tion" to C&rdiff Sanitation District Brian P. Bilbny County Bo:ltd of Surcrvi>o~ Ref. No. DA91-24 Dr, Lillian K~lkr Childs Hc:lix \'.~t~r District Lin~1I Fromm Public ~kmb~r John ~lacDonald Transmitted herewith is a copy of the Executive Officer's Certificate of County Bo~td of Completion for the above-referenced change of organization/reorganization, SuIXrviso"" John Sasso with a copy of the conducting authority's final resolution, certificate of terms Presid.,nt. Borrego and conditions, legal description, and map. The effective (date of ""~t~r District Joan Sho~mak~r recordation) date is ~12"or. Cit" of EI C2 on Abbe 'X"olfsh~im~r Please acknowledge receipt of this filing by notation on and return of a copy Councilm.,mbrr. City of of this letter. Thank you. S~n Di.,¡¡o . , . - U ,:?z.:l1..:2£-. Alternate Members ~I'~LÀ.- i;._'~~" I . -, . V:;¡kri~ Stallings ßl~/f) ~ Councilm~mbrr. City of S~n Di<,¡¡o ANEP.MERRILL ~) - y Ern~St Kotnik S~n ~1i¡¡uc:l Consolid~tro Executive Officer Fire: Prot."t¡on Dislr1ct L~onard ~I. .\loorc: JPM:na Councllm~n. City of Chul2 \ïst:! David A, ~rkins . Public ~"'m""r CC: L~on l. \X.ïlliams Department of Public Works Count" Bo:lru of SuIXn'¡","" c/o Leroy Anderson (0350) (w/all attachments) F.xecU!in: Officer J:tn~ P. ~krrill Auditor Counsel c/o Betty Jones (AS) (w/all attachments) Lloyd ~I. H:trmon. Jr. Registrar of Voters c/o Rita Watson (034) (w/legal description & map) DPLU (0657) (w/map) (Calif. Gov't Code Sections 57203-4) i I 1 \ i . . @ Sf A Í"E Of CAUFORNIA . STATE BOARD OF EQUALIZATION WI..UAM 101. BENNETT FnI D'arllc:r. KandI.Id TAX AREA SERVICES SECTION BRAD SIo4EAI,IAN 1719 24TH STREET, SACRAMENTO. CAlIFORNIA s.c:..nd Dottta.l08 AI>g.1n (P.O. BOX 1713. SACRAMENTO, CAUFORNIA 95a12-1713 ERNEST J. OAONENBUAG. JIl TELEPHONE: (916) 322-7185 March 5, 1992 Thitd 0I01llcr. s~ OIeço Rec'd 2/27/92 IoIATniEW K. FONQ Fout!.~ Oisul::t. Los Ang.'- GRAY CAVIS C<>noao". S~lo - Ms. Jane P. Merrill BURTON W. OlIVER Executive Officer ú«:l.l"'- OirKIa San Diego County LAFCO County Administration Center 1600 Pacific Highway, Room 452 San Diego, CA 92101 Dear Ms. Merrill: This is to acknowledge receipt of the statement(s) required by Section 54900, et seq" of the Government Code by which Kilgallon Annexation to the Cardiff Sanitation District. (Res. 91-37) The 1 993 Board roll will reflect the action evidenced by the above statement(s) unless one or more of the statements are found to be inadequate. If a statement is found to be inadequate or its validity for assessment or taxation purposes is questioned, we will bring such a situation to your attention. The existence of any minor deficiencies in the statement is noted below. . Sincerely, ~J.M~ David J. Ma~tin, Supervisor Tax Area Services - VALUATION DIVISION cc: G] County Assessor 0 SBE Dept. Local Taxes G] County Auditor 0 Ca 1 Trans '1.825 REV. 1.. (1-91) , , ! . r., ~ 'I . . .. -. RECORDING REQUESTED BY AND, WHEN RECORDED MAIL TO: ) ) Clerk of the Board ) Cardiff Sanitation District ) 527 Encinitas Boulevard ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY Assessor's Parcel No: 265-026-11 A. Gerard J. and Kathleen M. Kilgallon ("OWNER" hereinafter) are owners of real property whic~ is commonly know as 2443 7th Street ("PROPERTY" hereinafter) and which is described as follows: See Attachment A which is attached hereto and made a part hereof. B. In consideration of t~nal approval of the annexation to the Cardiff Sanitation by the Cardiff Sanitation District ("DISTRICT" hereinafter), OWNER hereby covenants and agrees for the benefit of DISTRICT, to do the following: See Attachment B which is attached hereto and made a part hereof. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. OWNER agrees that OWNER's dut~es and obligations under this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, DISTRICT may add to the property tax bill of the PROPERTY any past due financial obligation owing to the DISTRICT by way of this Covenant. ~ . . E. If either party is required to incur costs to.enforce the provisions of this Covenant, the prevailing party shall be / entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. F. Failure of OWNER to comply with the terms of this Covenant shall constitute consent to the filing by DISTRICT of a Notice of violation of Covenant. G. Upon OWNER's satisfaction of OWNER's duties and obligation contained herein, OWNER may request and DISTRICT shall execute a Satisfaction of Covenant. H. By action of the Board of Directors, DISTRICT may assign to a person or persons impacted by the performance of this Covenant, the right to enforce this Covenant against OWNER. ACCEPTED AND AGREED: Dated Lo/6 h ~ OWNER ~ ~ ' \ I l Dated 11- , - 'if OWNER ~!'VL ~ )(. (Notarization of OWNER signature is attached.) Dated Lc!2 / (' ff/ I Clerk the Board (Notarization not required) CARD SANITATION DISTRICT , t ;¡; . .' . . . / -"', \ . I STATE OF CALIFORNIA }S' I' San Diego .. ! COUNTY OF I On this fo-rH day of D6¿eYI1 6ÇrZ ~ in the year 19 ql . bef~re. me. the undersigned. a Notary Public in ¡ and for said State, personally appeared Ger~iJ .¡¿ '-~ /.-CDN A-r-//) ;¿ ¡:¡- m LeE /01 )!¡ Lc:::'#-u--oA/ I . l - ! r personally known to me (or proved to me on the basis of satisfactory evidence) to be the person~ whose name~ subscribed r to the within instrument. and acknowledged. .!~ me that _he- exe~uted it. WITNESS my hand.. and official ~eal. OFFICIAL SEAL Co..': JACQUElAND K NOLAN NOTARY PUBLIC - CALIFORNIA ~<L~ ~ f ~tJ DIEGO COUNTY i.:y ccmm. e:<pires FEB 16, 1993 I C-/ ' . Notary Public in and for said State. ! " - . . ATTACHMENT A TO I COVENANT REGARDING REAL PROPE Y PROPERTY DESCRIPTION (APN: 265-026-1.1.) That portion of Block 34 of COLONY OF OLIVENHAIN, in the city of Encinitas, County of San Diego, State of California, according to Map thereof No. 326, filed in the Office of the County Recorder of San Diego County, July 8, 1885, TOGETHER WITH portions of vacated 6th Street, 7th street, "G" Street, and "H" Street adjoining said Block 34, described as a whole as follows: 1) BEGINNING at the intersection of the centerlines of said 7th and "H" Streets. 2) Thence Southerly along the centerline of said "H" street, South 15°09'00" West, 809.30 feet to the centerline of said 6th Street. 3) Thence Westerly along the centerline of said 6th Street, North 73°11'00" West, 282.27 feet. 4) Thence North 15°09'00" East, 658.47 feet to a line that is 155.05 feet Southerly of and parallel with the centerline of said 7th Street. 5) Thence Westerly along said parallel line North 73°21'00" West to the centerline of said "G" Street. 6) Thence Northerly along the centerline of said "G" street to the centerline of 7th street. 7) Thence Easterly along the centerline of said 7th street to the POINT OF BEGINNING. TF/03/PW4-210wp51 (5-24-91/1) - . . . . -. ATTACHMENT B TO COVENANT REGARDING REAL PROPERTY OWNER'S DUTIES AND OBLIGATIONS Owner agrees to pay for 1 Equivalent Dwelling Unit (E.D.U.) Annexation fee prior to recordation of this covenant and OWNER also agrees to pay for any additional annexation E.D.U.' s, prior to the final approval of any subdivision of this PROPERTY, at the rate of $830.00/E.D.U. plus 5% interest per annum beginning from the time of recordation of this covenant. - . . ' . . . -- "'( KAREN PAWLEY 16-4/1220 258 PH. 619-674-1834 ~ 10830 POBLADO ROAD. 514 SAN DIEGO, C 2127 $ L ':J. ~ Dud:ì\HS SECURITY PACIFIC NATIONAL BANK = Rancho Bernardo Office 110462 16440 Bernardo Center Dr, San Diego. CA 92128 MEMO .)('./7°//011 .1'5"- 0.1.' -/1 - f '. I:. 2 20000~ ~I:O 2 58-111~¡;'"~II O8 2.52,,1,..,,'. ..."" """ \, \ \ \ \ \ \ \ \ . . ~ Date: April 2, 1991 Name: Gerard J. Kilgallon Address: 2443 7th Street Olivenhain C:A 92024 . Phone: ( 619) 587-1050 As the proponent(s) for this annexation of property identified as Assessor's Parcel Number (s) 265-026-11 to the District, I understand and agree that annexing into the District does not guarantee sewer service or commit sewer capacity to the subj ect property being annexed. Also, the District by accepting the application 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. 4~~~ - Bignat e of Annexation Applicant SVj03jPW2-195wp5 (11-2-90-2) "..