1992-22 Annexation, Shelley
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RESOLUTION NO. 92-22
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE CARDIFF SANITATION DISTRICT
ANNEXING TERRITORY TO WHICH OWNERS HAVE CONSENTED
"DANIEL SHELLEY 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 April 3, 1990 as Resolution No. 90-
16, 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
application was presented to and approved by the Local Agency
Formation Commission of San Diego County on July 6, 1992, 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 92-12 by the Local Agency Formation Commission, and
the exterior boundaries of such territory are as
hereinafter described.
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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.
The regular County assessment role will be utilized and
the affected territory will be taxed for existing
bonded indebtedness.
Whereas, pursuant to Certified Environmental Impact
Report #SCH 87-021801, the Board finds that this
project would not have a significant effect on the
environment.
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
Cardiff Sanitation District..
of the
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.
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PASSED AND ADOPTED this 18th day of August
following vote, to wit:
AYES: Davis, Hano, Omsted, Wiegand
NAYS: None
ABSENT: Slater
ABSTAIN: None
, 1992, by the
ohn Davis, Chairman of the Board
Cardiff Sanitation District
ATTEST:
(?~
Clerk of the Board
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DA92-12
"DANIEL SHELLEY ANNEXATION" TO 1HE
CARDIFF SANITATION DIS1RICf
All those portions of the northwest quarter and the southwest quarter of Section 26,
Township 13 south, Range 4 west, San Bernardino Base and Meridian, in the City of
Encinitas, County of San Diego, State of California, according to the Official Plat of said
land filed in the District Land Office July 18, 1881, described as follows:
Beginning at the west quarter corner of said Section 26;
1.
Thence along the westerly line of said section, northerly, 100.01 feet;
2.
Thence north 79°52'06" east to a line which bears north 20"39' west from a point on
the south line of the northwest quarter of said Section 26, distant thereon 734.95 feet
from the southwest corner of said northwest quarter;
3.
Thence south 20"39' east along said line to said point;
4.
Thence continuing south 20039' east, 682.60 feet to the southerly line of the land
conveyed to Sarah R. Shelley, recorded March 21, 1933, as Document No. 17655, in
Book 197, Page 186 of Deeds, of said county;
5.
Thence along said Shelley land, south 78"30'21" west, 266.30 feet to a point in the
northeasterly line of Road Survey No. 1469 (Manchester Avenue), on file in the
County Engineer's Office of said county;
6.
Thence northwesterly and westerly alóng the northeasterly and northerly line of said
survey to a point in the westerly line of said Section 26;
7.
Thence northerly along said westerly line to the point of beginning.
Approved by the Local Agency Formation
, Commission of San Diego
JUL - 6 1992
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LAFCO
6/29/92
Exhibit A
Page 1 of 1
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- RECOMMENDED STA1EMENT OF DE1ERMINATIONS
PROPOSED AMENDMENT TO TIIE SPHERE OF INFLUENCE FOR THE
CARDIFF SANITATION DIS1RICT
"Daniel Shelley Annexation"
The following statement of determinations is prepared pursuant to Section 56425 of the
Government Code for design.ation of the area shown on the attached map as an amendment
to the sphere of influence for the Cardiff Sanitation District.
(1)
The present and planned land uses in the area, including agricultural and
open space lands. .
The sphere amendment territory includes 12.19 acres, is currently vacant, and is proposed
to be developed with 52 single-:family residences. The Encinitas General Plan designation
for the sphere territory is single-family residential (8 to 11 dujacre); city zoning is R-11.
(2)
The present and probable need for public facilities and services in the area.
Please refer to (3).
(3)
The present capacity of public facilities and adequacy of public services which
the agency provides or is authorized to provide.
The sphere amendment and annexation are proposed for the purpose of extending sewer
service to the site. A sewer line is 800 feet from the property and the Cardiff Sanitation
District has sufficient capacity to serve the area.
(4)
The existence of any social or economic communities of interest in the area
if the commission detennines that they are relevant to the agency.
Social and economic communities of interest are not relevant in considering this sphere
amendment.
Approved by the Local Agency Formation
Commission of San Diego
Exhibit B
JUL - 6 1992
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Approved by the oca. CardIff
Commission of San Diego
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Adoption of an Amendment to the Sphere of
Influè'1Ce for the Cardiff Sanitation District
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DA92-12
Proposed "Daniel Shelley Annexation"
to the Cardiff Sanitation District
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Approved y the Local Agency Formation
Commission of San Diego
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JRAWN BY:
M. SCHURR
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MAPPING DIVISION
SAN DIEGO COUNTY ASSESSCA'S CfF1CE
DANIEL SHELLEY ANX.
TO
CARDIFF SANITATION DIST.
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DA92-12
.-REA: 12. I 9 AC
B/L: 261-010-10
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THOMÞ.S 8ROS: 29 -C 2