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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. " 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. . >, THj03/CROl-424wp51(12-1-89) 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 .. Board ~~7:T ~ (l¡~ 8 E. J~ POOL, Clerk of the Board j TH/03/CROl-424wp5 2(12-1-89) -' , Page # /:21 Book # Q,.- - 'f-:,~ )i} Q OLIVENHAIN ~ ~ L tAm/NO '\ -: \.. ", OAT C: LAl"CU: ~~~-~ V IC IN ITV MAP , -' )uE: Mn:^: ~\\.-\~ ~'Ñ~t.~ ~\ \a~ 0 I~XIS't'. D[~;'l'. '\ Ù Book # c2 . Page #J3Ð A.lI.N. BOUND. l' l(lJ 1 \):' ,',I) (' ~~~,,~~ ~~~ \\~" ,\:)~ "\)\. ~\\?.\( 'Ili)M/,:; [\I,:(ì:',: " """, -, - - -- -- ' ,--' -' ,- ~!~~~~:'~~':," '~'<~ i~',:r .':"', <:::; >;, ::', "-': (:~':;~-);~ ::.~", ' ;, @ , ,'. . - J'" Z Z ~ . 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' - ' .. --" " I , L' ~I' ì m,C\- C\ PL T MAP M~U' ~,-,.~'LE: \:)\\.-'~ ~~~t."f...~,"Q~ ARE^:,¡qAC-- EXIST. DIST. ~ \:) Book # d- . Page Ii /3/ {\..',.P. N, ßOUND. ~, ~"-~\~"~\ I -a~' -\~ l'I,Ul'U:1 ',i) c:.... ~ ~ ~ "- ~ ý ~~~ "-\ ~,"-\:),-" V 'UOi.\¡\:~_nl~(~S.,¡". ... 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. ;~ 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. . ' ) -- 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. . w Book # 2- . Page II /33 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. .. . ' " Book # 2- . Page # /3'1 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 - ..:, " . j - TH/03/MS8-1275wp54(12-1-89) Book # :2 . Page # /35: -