1989-28 Annexation, Dilts
RESOLUTION NO. 89-28
8 RESOLUTION OF APPLICATION OF THE BOARD OF DIRECTORS
OF THE CARDIFF SANITATION DISTRICT
FOR THE ANNEXATION OF TERRITORY
"SUSAN DILT'S ANNEXATION"
WHEREAS, this Board of Directors has received a request from
Susan Dilts that the hereinafter described territory to be annexed
to the Cardiff Sanitation District (hereinafter referred to as the
Sanitation District); and
WHEREAS, this Board of Directors desires to initiate
proceedings to annex said territory to the Sanitation District;
BE IT RESOLVED AND ORDERED as follows:
1. Pursuant to Government Code sections 56800 and 56700,
application is hereby made to the Local Agency Formation
Commission of the County of San Diego for a proposed
change of organization as follows:
8, .. A. This proposal is made pursuant to the Cortese-Knox
Local Government Reorganization Act of 1985 (S.
56000, et. seq., Govt. Code).
B. The nature of the proposed change of organization
and the names of all districts for which any such
change of organization is proposed as follows: The
annexation of the hereinafter described territory
to the Sanitation District.
C. The names of all other affected counties, cities and
districts are: City of Encinitas.
D. A description of the exterior boundaries of the
territory proposed to be annexed to the Sanitation
District is described in Exhibit "A" hereto
attached.
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E. Said terr i tory is uninhabited and comprises
approximately .19 acres.
F. It is proposed that said territory be annexed
subject to the following condition: Payment of
district annexation and State Board fees.
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Book # ;¿ . Page # /:ì'l
G. All the owners of land within such territory have
8 given their written consent to such annexation
subject to the aforementioned terms and conditions.
H. The reasons for this proposal are as follows:
(1) The Sanitation 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 sewerage
disposal facilities for said territory is
essential for such purposes.
I. It is hereby requested that proceedings be taken for
the annexation of territory as hereinabove proposed.
J. This annexation is consistent with the sphere of
influence of the Sanitation District.
2. Pursuant to State CEQA Guidelines section 15303
(California Environmental Quality Act of 1970), the Board
finds that this annexation is not subject to the
environmental impact evaluation process because it is
8 .~ categorically exempt.
" The Clerk of the Board of Directors is hereby authnrized
3.
and dire~ted to file a certified copy of this resolution
with the Executive qfficer of the Local Agency Formation
Commission of the County of San Diego.
PASSED AND ADOPTED this 12th day of December, 1989, by the
following vote, to wit:
AYES: Gaines, Hano, Omsted, Shea, Slater
NAYS: None
ABSENT: None
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Board
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8 E. J~ POOL, Clerk of the Board
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CONNECTION AGREEMENT
The Cardiff Sanitation District, a sanitation district in the
. city of Encinitas, hereinafter called the District, and Susan C.
Dilts hereinafter called the Owner, agree as follows:
1. The Owner represents that the Owner of the following
described real property in the city of Encinitas, State of
California:
Lots 2 and 3 in Block 31 of the Subdivision of Blocks 31, 36
and 42 of the Colony of Olivenhain, in the County of San
Diego, State of California, according to Map thereof No. 287,
filed in the office of the County Recorder of San Diego
County, August 21, 1885.
2. That said real property is located outside of the
boundaries of the District and in close proximity to the NS 1906
.1" sewer main.
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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 NS 1906
sewer main.
4. That the connection to the District's sanitary sewer
shall be made under the direction of the Department of Public Works
of the city of Encinitas, in accord~nce with the ordinances and
regulations of the District. The cost of such connection shall be
paid by the Owner.
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THj03/MS8-1275wp51(12-1-89) Book # .:2 . Page II /3;¿,.
5. At the time of execution of this Agreement, the Owner
shall pay, to the District the sum of $150.00. The sum is in
. addition to the normal District capacity fee of $3,260.00 for the
privilege of connecting to the District's sewer, said capacity fee
is to be paid at the time of issuance of the Wastewater Discharge
Permit.
6. The owner, his executors, administrators, heirs,
successors and assigns 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
$19.00 or $228.00 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 " 7. The District shall have the power to increase the amount
,
--- of the monthly service charge prescribed in Paragraph 6 from time-
to-time " proportion to increased cost of
~n any or expenses
operating the District.
8. The Owner of said real property consent to the
commencement of proceedings by the District to annex said property
to the District. The Owner agree that upon annexation of the above
described real to the District said property shall become subject
to any and all regulations, fees, taxes and assessments applicable
to the property with the District.
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TH/03jMS8-1275wp52(12-1-89)
9. The District agrees that upon connection of said property
to the District's sanitary sewer, the District shall accept the
8 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.
8 11. This Agreement may be terminated by the District by
giving ninety (90) days written notice cf 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. ..
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TH/03/MS8-1275wp53(12-1-89)
13. This Agreement shall take effect when executed by the
8 parties.
Date this 12th day of December, 1989.
~ f1~
OWNER Susan C. Dilts THE BOARD OF DIRECTORS
OWNER
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