1992-27 Annexation, Smith
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RESOLUTION NO. 92-27
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE CARDIFF SANITATION DISTRICT
ANNEXING TERRITORY TO WHICH OWNERS HAVE CONSENTED
"KENNETH SMITH 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 7,' 1992, as Resolution No. 92-
13, 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 August 3, 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 92-9 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.
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 Sections 15061-B3 and
15319-B (California Environmental Quality Act of 1970),
the Board finds that this project would be
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
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 8th
following vote, to wit:
day of September
, 1992, by the
AYES:
Davis, Rano, Omsted, Slater, Wiegand
NAYS:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
f~
¿,
Board
E POOL, Clerk of the Board
Book II
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DA92-9
"KENNETII sMiTII ANNEXATION" TO TIIE
CARDIFF SANITATION DIS1RICT
All that portion of Lot 18 of the Subdivision of the Rancho Las Encinitas, in the City of
Encinitas, County of San Diego, State of California, according to Map thereof No. 848, filed
in the Office of the County Recorder of San Diego County, June 27, 1898, together with a
portion of 14th Street adjoining Blocks 87 and 88 on the north,as said street was vacated
and closed to public use, of the Colony of Olivenhain, according to Map thereof No. 326,
filed in the Office of the County Recorder, of said county, July 8, 1885, lying within the
following described boundaries:
" ,
Beginning at the intersection of the center line of 12th Street, if extended, with the center
line of "J" Street as said streets are shown on Map No. 326 of the Colony of Olivenhain;
1.
Thence north 14°18'00" east, 1,581.70 feet parallel with and distant 40.00 feet westerly
from the westerly line of Lots 83 and 87 of said Colony of Olivenhain to the center
line of 14th Street, as shown on said Map No. 326, said point being on the
southwesterly line of Parcell of land described in deed to Thomas B. Clemmons, et
ux, by deed recorded November 24, 1964 as File No. 213763 of Official Records of
said county;
2.
Thence north 75°17'53" west, 60.00 feet (deed - north 75OZ0'35" west) along said
center line of 14th Street to the most southerly corner,Qf land to Raymond C. Appel,
et ux, by File Page No. 90768, recorded May 20, 1964, in official recorders of said
county;
3.
Thence north 140:36'33" east, 300.00 feet (record - north 14°18'00" east) along the
southeasterly line of said Appel's land to the northwesterly corner of Record of
Survey Map No. 8788, filed in the County Recorder's Office of said county, August 6,
1981; and the true point of beginning;
4.
Thence continuing along said southeasterly line north 140:36'33" east (re"cord - north
14°18'00': east), 239.03 feet to the most northerly corner of said Appel's land, said
corner also being the most southerly corner of land conveyed to H. Wallace McKay,
et ux, by deed recorded May 20, 1969 as File No. 88485 of Official Records, of said
county;
5.
Thence north 33OZ1'29" west along the southwesterly line of said McKay's land, to a
point of intersection with a line that is drawn parallel with and 20.00 feet
northwesterly (measured at right angles) to the southeasterly line of said McKay's
land;
Exhibit A
Page 1 of 3
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10.
ll.
12.
13.
., 14.
15.
16.
17.
18.
19.'
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6.
Thence north 58°45'00" east, 48.00 feet, more or less, along said parallel line to the
southwest comer of land conveyed to Kenton Neal Kirsher, et ux, by Deed recorded
January 7, 1971, as File No. 3073 of Official Records of said County;
7.
Thence along the w.esterly line of said Kirsher's land, north 3°15'00" west, 334.00 feet;
8.
Thence north 86°45'00" east, 342.20 feet to a point on the east line of said Lot 18
distant thereon south 3°15'00" east, 605.00 feet from the northeasterly comer thereof;
9.
Thence south 3°15' east along said east line of said Lot 18 to a point distant thereon
south 3°15'00". east" 1,204.57 feet (record - south 02°59'54" east) from the
northeasterly comer thereof;
Thence north 75<>20'35" west, 250.00 feet (record - north 74<>28'37" west, 253.12 feet);
Thence south 61"36'49" west (record - south 62°14'09" west), 30.00 feet;
Thence south 11°19'45" east, 187.06 feet;
Thence south 2°59'54" east (record - south 2<>23'02" east), 47.15 feet;
Thence continuing south 2°59'54" east, 182.85 feet to an intersection with a line that
is parallel with and distant 30.00 feet northeasterly measured at right angles from the
center line of said 14th Street; ,".'
Thence south 75°17'53" east, 250.00 feet (deed - south 75<>20'35" east) along said
parallel line to a point on the easterlxline of said Lot 18;
Thence south 05°59'54" east, 31.48 feet (record - south 03°15'00" east) along said
easterly line to the center line of said 14th Street;
Thence south 75<>20'35" east (record - south 75"38'00" east) along said center line to
an intersection with the center line of "L" Street (now closed), as shown on said Map
No. 326;-
Thence southwesterly along said center line of "L" Street to an intersection with a
line drawn parallel with and distant 30.00 feet southwesterly, measured at right angles
from the center line of said 14th Street;
Thence north 75<>20'35" west along said parallel line to an intersection with a line that
is drawn parallel with and 30.00 feet westerly measured at right angles to the easterly
line of said Lot 18;
Exhibit A
Page 2 of 3
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7/14/92
20.
Thence north 2°59'54" west along said parallel line to the center:, line of said 14th
Street;
21.
Thence north 75OZ0'35" west along said center line to the easterly line of land
described in Parcel 1 of said land in deed to Thomas B. Clemmons,' et ux;
22.
Thence north 20Z3'02" west, 131.15 feet along said easterly line to the southwesterly
line of said Record of Survey Map No. 8788;
23.
Thence along the easterly and northerly boundaries of said Record of Survey Map
No. 8788 the folloWÏIig courses:
a.
b.
north 2OZ3'02" west, 106.14 feet;
north 10°42'25" west, 188.62 feet;
south 62°14'09" west, 140.44 feet;
north 74°46'07" west, 30.79 feet to the true point of beginning.
c.
d.
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Appro- by the Lcøt A&ent:1 FormatiOn
Comn\i$$ion of SIn Die8D
AUG - 3 1992
~J¿;~
Exhibit A
Page 3 of 3
Book i L_r&3e q /5'&
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Approved by the Local Agency FormatIon
.... Commission of San OiSIO'" .
AU6 - 3 1992
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TE:
6-3-92
MAPPING DIVISION
SAN DIEGO COUNTY ASSESSOR'S Or-FICE
LAFCO:
OA 92-9
SCALE:
1. = 200'
AREA:
5.51 AC
TRA PAGE:
62-A
KENNETH SMITH ANNEXATION TO .
OIL:
264-151 & 160
DRAWN BY:
M. SCHURR
CARDIFF SANITATION DISTRICT
THOMAS BROS:
25-03
. LAFCO
1600 Pacific Highway. Room 452
San Diego, CA 92101 . (619) 531-5400
Chairperson
Mark J. Loscher
Councilman, City of
San Marcos
Members
Brian P. Bilbray
Coumy Board of
Supervisors
Dr. Lillian Keller Childs
Helix Water District
Linell Fromm
Public Member
John MacDonald
Coumy Board of
Supervisors
John Sasso
Presidem, Borrego
. Water District
Joan Shoemaker
Mayor, City of
El Cajon
Abbe Wolfsheimer
Councilmember, City of
San Diego
Alternate Members
Valerie Stallings
Councilmember, City of
San Diego
Ernest Kotnik
San Miguel Consolidated
Fire Protection District
Leonard M, Moore
Councilman, City of
Chula Vista
David A, Perkins
Public Member
Leon L. Williams
County Board of
Supervisors
Executive Officer
Jane P, Merrill
Counsel
Lioyd M. Harmon, Jr.
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San Diego Local Agency Formation Commission
CERTIFICATE RE: TERMS AND CONDITIONS AND INDEBTEDNESS
Subject:
"Kenneth Smith Annexation" to the Cardiff Sanitation District
(DA92-9)
Certain terms and conditions are required by the Local Agency Formation
Commission to be fulfilled prior to the completion of the above-named
change of organization.
I
s 4~dr-a V¡';tðcUr
(Name)
fA-r,' /, . 1-\/
(Title) /
¡J It!? H/1't!:r
.
do hereby certify that the terms and conditions listed below have been fully
met.
1.
The boundaries shall be modified to conform to Exhibit A attached
hereto.
2.
Payment by the property owner of district annexation fees and State
Board of Equalization charges.
Will the affected property be taxed for any existing bonded indebtedness or
contractualobli$ation?
Yes - No XIf yes, specify.
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Signature
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9- 8 - 7 ¿
Date
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