1991-654597
. . 913 ~~E~ - ~ ~'~ f -OŠ~~ ~~7
;-'h
SAN DIEGO COUNTY !F':i~
LOCAL AGENCY FORMATION CO~Jr~N-?~~~!:!~T¡ ç,[':-¡-;iíì¡:-~j ~
-oERTIFICATE OF COMPLETlò1í;t l'1c"J~ ~L'U '~ r ~c"~t:~Ll'-~ "
~ AHNE-T~ ~VANi, ~OJNIY
r,-Tr" :), ::<:
,- CL:'
Please return to: "Cole Annexation" to
LAFCO @ MS A2l6 the Cardiff Sanitation
District
Ref. No. DA90-36
Pursuant to Government Code Sections 57200 and 57201, this Certificate is hereby
issued.
The name of each city and/or distr ict 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 Type of Change of Organization
Cardiff Sanitation District Annexation
A certified copy of the resolution ordering this change of
organiza tion/reorganiza tion without an election, or the resolution confirming an
order for this change of organiza tion/ reorganiza tion after confirmation by the
voters is attached hereto and by reference incorporated herein.
A legal description and map of the boundaries of the a bove-ci ted 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 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.
November 22, 1991
JANE P. MERRILL Date
Executive Officer
. . 914
LAFCO 1600 Pacific Highway. Room 452
San Diego, CA 92101 . (619) 531-5400
San Diego Local Agency Formation Commission
Chairperson CER TIFICA TE RE: TERMS AND CONDITIONS AND INDEBTEDNESS
Fred Nagel
Mayor, City of
La Mesa Subject: "Cole Annexation" to the Cardiff Sanitation District
Members (DA90-36)
Brian P Bilbray
County Board of
Supervisors Certain terms f nd conditions are required by the Local Agency Formation
Lincll Fromm Commission to :be fulfilled prior to the completion of the above-named change
Puhlic Memher
Marjorie Hersom of organization.
Alpine Fire
Protection District ~G
Mark J. Loschcr 1/0/17 ¿/T/.;¿/// EJ" &ð/V#.E~ ->
Vice Mayor. City of (N ame) (Title)
San Marcos
John MacDonald do hereby certify that the terms and conditions listed below have been fully
County Board of
Supervisors met.
John Sasso
President, Borrego 1. The boundaries shall be modified to conform to Exhibit A attached
Water District
Abbe Wolfsheimcr hereto.
Councilmemher, City of
San Diego 2. Payment by the owner of district annexation fees and State Board of
Alternate Members Equaliz~don charges.
Dr. Lillian Keller Childs
Helix Water District
Mike Gotch
Puhlic Memher
Bruce Henderson
Councilmemher, City of
San Diego
Gayle McCandliss
Councilwoman, City of
Chula Vista
Leon L. Williams
County Board of
Supervisors Will the affected property be taxed for any existing bonded indebtedness or
Executive Officer contractual obligation?
Jane P Merrill Yes - No~ If yes, specify.
Counsel
-
Lloyd M. Harmon, Jr.
/
" . .
915
RESOLUTION NO. 91-09
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE CARDIFF SANITATION DISTRICT
ANNEXING TERRITORY TO WHICH OWNERS HAVE CONSENTED
HBERTHA COLE ANNEXATIONH
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 May 8, 1990, as Resolution No. 90-24, 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
Conmission; 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 December 3,1990, 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 canrnenced was by resolution of application by this
Board as stated above.
b. The territory to be annexed has been designated DA 90-38
by the Local Agency Formation Commission, 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
and Safety Code Section 4830.
Book' J . Pace . tiS-
. . 916
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 that this project is categorically exempt fram
evaluation.
IT IS FURTHER RESOLVED AND ORDERED that pursuant to Government
Code Sectïon 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 irnnediately
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' J . Pap' it
. . 917
PASSED AND ADOPTED this 8th day of January, 1991, by the
following vote, to wit:
AYES: Davis, Hano, Omsted, Slater, Wiegand
NAYS: None.
ABSENT: None.
ABSTAIN: None. ~~
/ , Chairperson of the Board
Cardiff Sanitation District
A'ITEST:
the Board
~ E. .line PIal. Cleat of .. 8oIftI of DinIctIrs of the Cardiff
S8niIItion DiI8rict of EåfIII. CIIf8mia. do hereby certify
under PIRI!ty of perjøy tIIat tile IbM IIId foregoing is a true and
correct CUPJ of tills dGcuIRent on file in my office. In witness
whereof I have SIt IIY hand and the Seal of the Cardiff Sanitatwl;
! '~II: Distriçt this /1/
,F/í ~ d, of-)1~ (;---~
::. (jv-'--i-!J lr J( , l~ _L.:___.
E. Je(jí Pool, Clerk of the Board --
, /
Book II J . J Pac. II. '/7
. .
918
-...
DA90-38 "COLE ANNEXATION" ,
TO
CARDIFF SANITATION DISTRICT
ALL THAT PORTION OF BLOCK 62 AND A PORTION OF ADJACENT STREETS OF
COLONY OLIVENHAIN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 326, FILED IN THE.COUNTY RECORDER'S
OFFICE OF SAN DIEGO COUNTY, JULY 8, 1885, ALSO KNOWN AS PARCEL 1 OF
PARCEL MAP NO. 1605, FILED IN THE COUNTY RECORDER'S OFFICE OF SAID
COUNTY, JUNE 7, 1973, LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARIES:
BEGINNING AT THE INTERSECTION OF THE CENTER LINES OF "E" STREET AND
10TH STREET (NOW KNOWN AS EL CAMINO DEL NORTE), AS SHOWN ON SAID PARCEL
MAP NO. 1605;
1. THENCE NORTH 15°01'40" EAST, 520.44 FEET ALO~G THE CENTER LINE OF
SAID "E" STREET TO THE WESTERLY PROLONGATION OF THE NORTHERLY LINE
OF SAID PARCEL 1;
2. THENCE SOUTH 73°43'27" EAST, 382.78 FEET ALONG SAID PROLONGATION
AND NORTHERLY LINE TO THE EASTERLY LINE OF SAID PARCEL 1;
3. THENCE SOUTH 14°59'18" WEST, 521.74 FEET ALONG SAID EASTERLY LINE
AND ALONG THE SOUTHERLY PROLONGATION THEREOF TO THE CENTER LINE OF
SAID EL CAMINO DEL NORTE¡
4. THENCE NORTH 73°31'00" WEST, 383.18 FEET ALONG SAID CENTER LINE TO
THE POINT OF BEGINNING.
EXHIBIT" A"
;BAGE lOF 1
L I Agency Formation
Approved by the oca ,
Commission of San Diego
DEC - 3 1990
~~";ZL'
ExecutMl od CommlSSlOll
Book' J . Pac.' '~
1."
. .
.
919
,
,
I
!
i
Ct.
"("Sr.
Approved by the Local Agency Formation
Commission of San Diego
DEC - 3 1990
~ ~ ft~~ .
MAP 326 - COLONY OLIVENHAIN J'
s-o
B-B Book' 'Paøe'
"lATE: 10-24-90 MAPPING D I V I S ION LAfCO~ DA 90-38
'- SCALE: I" = 200' SAN DIEGO COUNTY ASSESSOR'S CfFICE AREA: 4.58 AC.
TRA PAGE:: 62-A "COLE ANNEXATION" TO aIL: 264-/71-55
DRAWN BY: N. ZAMORA CARDIFF SAN ITATION DISTRICT THOMAS BROS: 25 D-4
. .
Passed and adopted by the Local Agency Formation Commission of the
County of San Diego this 3r~ day of December , 19 ~L-, by
the following vote:
AYES: Commissioners Bilbray, MacDonald, Loscher, Nagel, Hersom,
Sasso, and Fromm
NOES: None
ABSENT: Commissioner Wo1fsheimer
ABSTAINING: None
----------------------------------------------------------------------
STATE OF CALIFORNIA)
) SS
COUNTY OF SAN DIEGO)
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 December 3, 1990
, 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 12th day of December , 19 90 .
(k/. ~ ~
JéJi P. MERRILL
Executive Officer
San Diego County Local Agency
Formation Commission
( . .
Date 3/23/90
Name .-£erth,;;;¡ c.c(e
Address ~15 'b £1 CaryÙV\O 1)e:.\ l\Jorte
Olìvenha'lY\, CA. qzpZ4
.
As the proponent(s) for this annexation of property
identified as 2G:>~- 55 to the
Assessor s Parcel Number(s)
~'I.çf ~Y'Ú -tg,:hoYl 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 provi de any
trea tment plant expansions or sewe r line extension to
provi de capaci ty 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 necessa ry 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.
* ~ (J.e&- 13~ r~
Signature of Annexation Applicant
Arthv( D. Cole Bertha Cole
2/2-012 .
.
. .
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: 264-171-55
A. Bertha Cole ("OWNER" hereinafter) is owner of real
property which is commonly know as 2518 El Camino Del Norte
("PROPERTY" hereinafter) and which is described as follows:
See Attachment A which is attached hereto
and made a part hereof.
B. In consideration of the final 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 duties 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 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
obligations contained herein, OWNER may request and DISTRICT shall
execute a Satisfaction of Covenant.
H. By action of the Board of Directors, DISTRICT may assign
- . . . - - - - "" - --- - - - - _.&: ........~~
STATE OF CALIFORNIA, f ss.
COUNTY OF SAN DIEGO
ON WÒVEM ß~ - '4- , 191-1-,
I before me, the undersigned, a Notary Public in and for said State personally appeared
.ß E({TH-Æ (' flLê- "
known to me,
to be the person- whose name ¡J:. subscribed to the within Instrument,
and acknowledged to me that ~he- executed the same.
I
. ~a WITNESS my hand and official seal.
I - PATRICIA OAEw
.. NOWff 'UBtC CA&.fQtø
~tWa",
. ~DEOO~
i .... ~I..... ~ 2!" ~ "
~~
.~
! Notary Public in and for said State.
ACKNOWLEDGMENT-General-Wolcotts Form 22S-Rev. 3-64
Dated fUll), /'f', Ie.¡ '1 ( by ~~ ~t.-L. V v' -
I cl¿1k of the Board
(Notarization not required)
TF/O3/COV2-259WP5 (3/26/91-2) lOa 22 DEC 89
.
.. . .
of the PROPERTY any past due financial obligation owing,to 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
obligations 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:
OWNER
Da ted Yl NJ. J I~ J ~ C1 J 13 LA~t'¿ / tj.e~Ç?
"-"ð~!
-,.'¡I
-~'~ ~
~¡¡. Dated
::;"",:!j ~
~,*,"~,.;
."... 'c (Notarization of OWNER signature is attached.)
"',-"S~.'r
CARDIFF SANITATION DISTRICT
Dated ÌWV. I ¿¡, ¡fíf! by rf]~
I
(Notarization not required) Cl the Board
TF/O3/COV2-259WP5 (3/26/91-2) lOa 22 DEC 89
. .
ATTACHMENT A TO
COVENANT REGARDING REAL PROPERTY
PROJECT NO.
PROPERTY DESCRIPTION
ALL THAT PORTION OF BLOCK 62 AND A PORTION OF ADJACENT STREETS OF
COLONY OLIVENHAIN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 326, FILED IN THE COUNTY RECORDER'S
OFFICE OF SAN DIEGO COUNTY, JULY 8, 1885, ALSO KNOWN AS PARCEL 1
OF PARCEL MAP NO. 1605, FILED IN THE COUNTY RECORDER'S OFFICE OF
SAID COUNTY, JUNE 7, 1973, LYING WITHIN THE FOLLOWING DESCRIBED
BOUNDARIES:
BEGINNING AT THE INTERSECTION OF THE CENTER LINES OF "E" STREET AND
10TH STREET (NOW KNOWN AS EL CAMINO DEL NORTE), AS SHOWN ON SAID
PARCEL MAP NO. 1605;
1. THENCE NORTH 15 ° 01 ' 40" EAST, 520. 44 FEET ALONG THE CENTER LINE
OF SAID "E" STREET TO THE WESTERLY PROLONGATION OF THE
NORTHERLY LINE OF SAID PARCEL 1;
2. THENCE SOUTH 73°43'27" EAST, 382.78 FEET ALONG SAID
PROLONGATION AND NORTHERLY LINE TO THE EASTERLY LINE OF SAID
PARCEL 1;
3. THENCE SOUTH 14°59'18" WEST, 521.74 FEET ALONG SAID EASTERLY
LINE, AND ALONG THE SOUTHERLY PROLONGATION THEREOF TO THE
CENTER LINE OF SAID EL CAMINO DEL NORTE;
4. THENCE NORTH 73°31'00" WEST, 383.18 FEET ALONG SAID CENTER
LINE TO THE POINT OF BEGINNING.
TF/03/COV2-259WP5 (3/26/91-2) lOa 22 DEC 89
, "'-----.-,------...-..,.--,
'
. . .
,
ATTACHMENT B TO
COVENANT REGARDING REAL PROPERTY
OWNER'S DUTIES AND OBLIGATIONS
Owner agrees to pay for 1 Equivalent Dwelling Unit (E.D. U.) AImexation
fee prior to recordation of this covenant and OWNER also agrees to pay
for any additional 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 fram the time of recordation of this
covenant.
.._,