1991-52306
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SAN DIEGO COUNTY
LOCAL AGENCY FORMATION COMMISSION
CERTIFICATE OF COMPLETION
"Tubbs and Groess Annexation" to
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Please return to: the Cardiff Sanitation District
LAFCO, MS A216 Ref. No.
r)~90-34
Pursuant to Government Code Sections 57200 and 57201, this Certificate is hereby
issued,
The name of each city and/or district in vol ved 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 is as follows:
City or District Tv De of Change of Organization
Cardiff Sanitation District Annexation
A certified copy of the resolution ordering this change of
organi za tion/ reorganiza tion without an election, or the resolution confirming an
order for this change of organiza tion/ reorganiza tion after conf irma tion 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 is 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,
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J~~~ U- Date January 29, 1991
Executive Officer
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LAFCO 1600 Pacific Highway' Room 452
San Diego, CA 92101 . (619) 531-5400
San Diego Local Agency Formation Commission
Chairperson
Fred Nagel CER TIFICA TE RE: TERMS AND CONDITIONS AND INDEBTEDNESS
Mayor. City of
La Mesa
Subject: "Tubbs and Groess Annexation" to the Cardiff Sani ta tion
Memhers District (DA90-34)
Brian P. Bilhray
County Board of
Supervisors
Lindl fromm Certain terms and conditions are required by the Local Agency Formation
Puhlic \kmhn Commission to be fulfilled prior to the completion of the above-named change
Marjorie Hersom of organization.
Alpine Fire
Protection District
Mark J. Loscher I /oM I1I3'NIF; t/ TIt-trY Pú)Jf/,(¡Er -
Vice \Iayor. City of
San ,\1arcos (Name) (Title)
John MacDonald
County Board of do hereby certify that the terms and conditions listed below have been fully
Supervisors
John Sasso met.
President, Borre¡(o
Water District 1. The boundaries shall be modified to conform to Exhibit A attached
Abbe Wolfsheimer hereto.
Councilmemher. City of
San Diew,
2. Payment by the owner of district annexation fees and State Board of
Alternate Memhers Equalization charges.
Dr. Lillian Keller Childs
Helix Water District
Mike Gotch
Public \1embn
Brllce Henderson
Councilmember, City of
San Die¡(o
Gayle McCandliss
Councilwoman, City of
Ciluia Vista
Leon L. Williams
County Board of
Supervisors
Executive Officer Will the affected property be taxed for any existing bonded indebtedness or
contractual obligation?
Jane P. Merrill Yes ~ No - If yes, specify,
Counsel
Lloyd M. Harmon, Jr. ~~
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Signa ture
12-/'1 )'ì0
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Date
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. 858 .
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) RESOLUTION NO. 90-45
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE CARDIFF SANITATION DISTRICT
ANNEXING TERRITORY TO WHICH OWNERS HAVE CONSENTED
"GROESS AND TUBBS ANNEXATION"
WHEREAS I 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 May 8, 1990 Resolution 90-26, 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
t:) application was presented to and approved by the Local Agency
Formation Commission of San Diego county on September 10,1990, and
this District was designated as the conducting district and
authorized by resolution to 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 90-34
by the Local Agency Formation commission, and the
exterior boundaries of such territory are as hereinafter
described.
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BoOk' :¿ . Paae /I ß7/
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--'I 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 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.
f~ 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 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
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Book # ,¿ . Paso # 372
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- section 54902.5 to the Executive Officer of the Local Agency
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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 13th day of November, 1990, by the
following vote, to wit:
AYES: Gaines, Hano, Omsted, Shea, Slater
NAYS: None
ABSENT: None
ø ABSTAIN: None
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- Gaines, Chairperson of the Board
Sanitation District
ATTEST:
the Board " t, Jane ~. Clerk of the 8oarå of (' >-Po
~f- ,the, CardIff Sanitation Oiatrict of E;,
(;o.l~!ornla do hereby certify under per.. (',f
~erJury that the above and foregoing is ," ;. '
'znd correct copy of th'o, -'--'
jil ff IS document c.'~ ¡.Ie
r:ìY ~~ndo ~~~.In witness whereof ,I ht~\i" r;c)t
tr If' the Seal of the Card,ff ~"o;", ':¡on
is Jet. '"'<." ""I. ;
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Book # :¿ . Paae #. 373
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) DA90-34 "TUBBS AND GROESS ANNEXATION" TO
THE CARDIFF SANITATION DISTRICT
All that portion of Lot 24 of the subdivision of Rancho Las
Encinitas, in the County of San Diego, State of California,
i ì according to Map thereof No. 848, filed in the County Recorder's
Office of San Diego County, June 27, 1898, said portion also known
as Parcels 2 and 3 of Parcel Map No. 10526, filed in the County
Recorder's Office of said County, October 2,1980, lying within the
following described boundaries:
Beginning at the most southerly corner of said Parcel 2;
1. THENCE NORTH 7Jo 07'43" WEST, 232.79 FEET WESTERI,.Y ALONG THE
SOUTHERLY LINE OF SAID PARCEL 2;
2. THENCE NORTH 1 Jo 57' 18" EAST, 200.16 FEET;
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3. THE~CE NORTH 73° 07' 4 J" WEST, 27.00 FEET; I
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4. THENCE NORTH 16"19' 28/1 EAST (PER CERTIFICATE OF CORRECTIONJ;'
16J.75 FEET ALONG THE WESTERLY LINE OF SAID PARCEL 3;
. 5. THENCE SOUTH 810 17' 35 fI EAST, 219.01 FEET;
6. THENCE NORTH lSo0J'SOfl EAST, 5.50 FEET;
7. THENCE SOUTH 7Jo07'43/1 EAST, 54.91 FEET;
8. THENCE SOUTH 160 52' 17 II WEST, 400.24 'FEET ALONG THE EASTERLY
LINE OF SÀID PARCELS 2 AND J TO THE POINT OF BEGINNING.
. Approved by the Local Agency Formation
Commission of San Diego
SEP 1 0 í99O
), iA;u.-
id Commission
ih:cg
if...) . LAFCO Exhibit A
9/6/90 Page 1 of 1 I
Book # :¿ . Pase II 3rt
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Book # . Page #
MAP ß48 - RHO, LAS ENCINITAS I
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DATE: 8-28-90 MAPPING D I V I S ION LAfCO: DA 90- 34
:.. -:,U: J /1 = 100 I SAN DIEGO COUNTY ASSESSOR'S ŒFICE MEA: 2.23 AC.
TRA PAGE: 65-0 " TUBBS &GROESS AN NEXATION It TO B/L: 265-390-35 & 36
DRA'NN BY: N, ZAMORA CARDIFF SANITATION DISTRICT THOMAS BROS: 25 C-5
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. ~EWER REIMBURSEMENT AGREE~T
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THIS AGREEMENT is entered into as of the 17th day of December 1990, by between
Denton & Catherine Kimball, Michael & Myrna Riley, and Novene & Jerry L.
MacDonald, owners of assessor's parcel #265-390-34, whose address is
, (hereinafter, collectively referred to as the
"Sewer Provider"); and OBG, a California limited partnership, owner of asses-
sor's parcel #265-390-36, whose address is 1991 Village Park Way, Encinitas,
California 92024, (hereinafter referred to as "OBG").
WITNESSETH:
WHEREAS, the Sewer Provider is obligated and bonded to install and complete
the Sewer Extension Project per the City of Encinitas Public Works Department
(hereinafter referred to as the "City") plans known as SEWER EXTENSION-OLIVEN-
HAIN, Whisperwind Drive + Rancho Santa Fe Road, Drawing No. CS-025 TPM 89-140,
approved by the City Engineer 11/06/90 (hereinafter referred to as the
"Project").
WHEREAS, OBG desires to connect to and use the above described sewer extension
Project per the 4" lateral installed by the Sewer Provider as shown on -the
above described sewer extension Project.
WHEREAS, the Sewer Provider desires reimbursement for the City approved reim-
bursable expenses from all property owners who connect to the sewer extension
Project, prorated over twenty one potential properties connecting to the
Project. Therefore the City approved costs for the Project will be divided by
twenty one to establish the amount reimbursed to the Sewer Provider upon each
sewer lateral connection to the Project.
WHEREAS, OBG desires to accept the relationship established by this Agreement
as a contributor of funds in excess of the its prorated share based on the
project budget prior to a city approved reimbursement agreement. OBG is
relying on the Sewer Provider to manage and finance all matters of develop-
ment, the construction supervision, control and management of the Project.
The Sewer Provider accepts the relationship of trust and confidence estab-
lished between himself and OBG by this Agreement. The Sewer Provider cove-
nants with OBG to furnish his best skill and judgment and to furnish efficient
business administration and superintendence to complete the Project in the
best way and in the most expeditious and economical manner consistent with the
interests of OBG.
NOW, THEREFORE, in consideration of the mutual agreements herein contained and
other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto agree as follows:
1. This Agreement represents the entire agreement between the Sewer Provider
and OBG, and supersedes all prior negotiations, representations or agreements.
.This Agreement may be amended only by written instrument signed by both the
Sewer Provider and OBG.
2. The Sewer Provider shall advise and consult with OBG on the following
specific matters as it becomes necessary:
a) Consult with OBG as to variances between actual and budgeted or estimated
cost, and advise OBG when projected cost exceeds budgets or estimates.
b) Keep the OBG informed of the progress and quality of the Project.
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. 3. The Sewer prov~, if unavailable, shall desi~e a representative who
. shall be fully ac inted with the Project and s authority to approve
Project construction budgets, changes in the Project, and who shall render
decisions promptly and furnish information expeditiously. The Sewer Provider
shall retain all necessary professional Consultants for design, preparation
and construction of the Project. During the term of this Agreement, the Sewer
Provider shall devote as much time to the Project as is reasonably necessary
and appropriate to effect the purposes of this Agreement and complete the
Project.
4. The Sewer Provider shall secure and pay for necessary approvals, ease-
ments, assessments and charges required for the construction and use of the
Project.
5. OBG agrees to reimburse the Sewer Provider for its pro rata share of the
Cost of the Project prior to a City approved reimbursement program. The Sewer
Provider agrees that OBG's pro rata share of the project shall in no event
exceed $4,500.00 and if the prorated share of reimbursement approved by the
City is less than $4,500.00 then OBG's prorated share shall be the lesser
amount approved by the city. The cost of the project does not include any
fees charged by the City or Sanitation District for users to connect to and
use the sewer line extension.
6. In an effort to promote the timely construction of the project OBG agrees
to contribute in excess of the maximum agreed reimbursement amount. -OBG
agrees to pay $6,000.00 to the Sewer Provider within fifteen days of comple-
tion and acceptance of the project by the City and Sanitation District for
public connections and use of the sewer line extension. The Sewer Provider
agrees to reimburse to OBG the excess contribution of at least $1,500.00 or
the difference between OBG's contribution and the City approved prorated share
of reimbursement, whichever is greater, within one year of receipt of OBG's
contribution or upon payment of reimbursement and/or other connections to the
project by any other owners of property other than Hans Groess (one lateral
connection), Michael Wilcsek (two lateral connections) and the Sewer Provider
(three lateral connections), whichever occurs first.
7. The term "Cost of the Project" shall mean costs necessarily incurred in
the proper performance of the Project and paid for by the Sewer Provider. The
term "Cost of the Project" shall not include any of the items set forth below:
a) Cost due to the negligence of the Sewer Provider, any Subcontractor,
anyone directly or indirectly employed by any of them, or for whose acts any
of them may be liable, including but not limited to, the correction of defec-
tive or nonconforming Work, disposal of materials and equipment wrongly sup-
plied, or making good any damage to property.
8. The Sewer Provider shall provide the insurance for the Project, shall
purchase and maintain its own liability insurance, shall bear the cost of any
bonds required and shall pay all costs and expenses relating to the Project,
without limitation.
9. All trade contracts and subcontracts will be between the Sewer Provider
and contractors and subcontractors, as the case may be.
10. The Sewer Provider covenants to, and does hereby,' indemnify and hold
harmless OBG from and against all claims and all costs, expenses and liabili-
ties incurred in connection with all claims, including any action or proceed-
ings brought thereon, arising from or as a result of the Sewer Provider's
performance of its obligations hereunder or its development and construction
of the Project or the death of, or any accident, injury, loss or damage what-
soever caused to any natural person, or to the property of any person, includ-
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.. ing reasonable atdllJeys' fees. The foregoing i~nity shall not apply to
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damage caused by s willful intentional act or e negligence. In addi-
tion, the Sewer Provider shall indemnify, defend and hold harmless OBG from
and against any claims, damages, losses, liabilities and expenses, including
reasonable attorneys' fees of counsel approved by the Sewer Provider, arising
out of any contract or subcontract between the Sewer Provider and third par-
ties in connection with the Project.
11. Unless sooner terminated in accordance with other provisions of this
Agreement, the term of this Agreement shall commence as of the date hereof and
continue until February 15, 1991 plus fifteen days or the date which shall be
the completion and acceptance date of the Project plus fifteen days, whichever
occurs first. For the purposes of this Agreement the term "completion and
acceptance date" shall mean the date when the Project has received final
approval from the City of Encinitas and/or the Sanitation District and has
been accepted for public connections and use of the sewer line extension. If
this agreement is terminated by this provision then all rights and obligations
under this agreement become null and void.
12. If the Project is stopped for a period of 30 days under an order of any
court or other public authority having jurisdiction, or as a result of an act
of government, such as a declaration of a national emergency making materials
unavailable, or the land is unsuitable for construction, through no act or
fault of OBG, then OBG may, upon seven (7) days written notice to the Sewer
Provider, terminate this Agreement. If this agreement is terminated by this
provision then all rights and obligations under this agreement become null and
void.
13. Neither the Sewer Provider nor OBG shall assign its interest in this
Agreement without the written consent of the other. All assignees of the
rights of any party hereunder (other than collateral assignments solely for
security purposes) shall assume in writing all obligations of their assignors
arising after the date of such assignment. This Agreement shall be binding
upon and inure to the benefit of the parties hereto and their respective
succeSSors and permitted assigns.
14. The Sewer Provider shall not permit any liens or other encumbrances to be
filed by any contractors or subcontractors against the Project or any portion
thereof, or against any monies due or to become due on account of, arising out
of or relating to the Project. If any such lien or encumbrance is filed, the
Sewer Provider shall take such action as is necessary to free the project from
any and all liens and/or encumbrances.
15. This agreement is not intended to create any direct relationship between
OBG and any contractor or subcontractor or impose any liability on OBG for any
payments due to any contractor or subcontractor. The Sewer Provider shall
make all payments required under all contracts and requisitions by contractors
and subcontractors and other invoices in connection with the Project, and OBG
shall have no obligation to pay any such contracts, requisitions or invoices.
16. The Sewer Provider shall maintain and keep available for OBG's review
such full and detailed accounting and auditing records and procedures as may
be necessary to insure the proper financial management of the Project through
the date the Project's cost are approved by the City.
17. This Agreement is made pursuant to and shall be governed by and construed
in accordance with the laws applicable to contracts made and performed entire-
ly within the State of California.
18. Nothing in this Agreement or in the relationship of the Sewer Provider
and OBG shall be deemed to constitute a partnership or joint venture.
19. In the event of any litigation and/or arbitration between the parties
hereto to enforce any provision or right hereunder, the unsuccessful party to
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. such litigation anJ8lf arbitration covenants and ag~ to pay to the success-
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. ful party therein costs and expenses incurred, eluding but not limited
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to, reasonable attorneys' fees incurred by both parties, court costs, expert
witness fees, and any and all other costs included in and made a part of any
judgment rendered by any such litigation and/or arbitration.
20. Any notices to be given to any party hereunder or in connection herewith,
shall be in writing and shall be sent by certified or re~istered mail, return
receipt requested, postage prepaid, or delivered by hand as follows:
SEWER PROVIDER:
OBG: 1991 Village Park Way, Suite 160, Encinitas, Ca. 92024
or to such other address as such party shall have specified most recently by
like notice. Notices given as provided herein shall be deemed given, with
respect to any notice which has been sent by mail, on the second day after the
date so mailed, and with respect to any notice which has been delivered by
hand, on the date actually delivered to the party to whom such notice is being
given.
21. The failure of any Party to this agreement to insist upon the strict
performance of any term or covenant of this Agreement shall not prevent a
subsequent act, which would have originally constituted a violation, from
having the effect of an original violation.
IN WITNESS WHEREOF, the parties hereto have executed this Agree-
ment as of the day and year first above written.
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SEWER PROVIDER:
OBG:
OBG, d partnership
by:
partner
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Da te .3/ 2-D/ t:¡D
Name .-!:I~ TU~5~S Groess
Address Iq I ill e rkWa~ISt..iI+e:I~O
Enc..'m',tas I CA, C¡ZDZtt-
,
As the proponent(s) for this annexation of property
identified as 2.6:>5- 390- 35 ~ 3~ to the
Assessor's Parcel Number(s)
Cdn~:r 'Çç 'San'¡+ahon Di stri ct, 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
application does not represent that it will provide any
treatment plant expansions or sewer line extension to
provi de capacity or servi ce for the subject a rea 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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Han ces.s Signatur..-e o~exation Appl i cant Kristi Gr-oess
2/2-012 : i c /" ./. L~. .
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H eYì Y'~ W. T bbs} IIT tOf' 08G J q C.;¡'; {or-n i¿¡ Ltd, Pcar+ner.:5h',p
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