1995-08 Annexation, Hindle
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RESOLUTION NO. 95-08
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE CARDIFF SANITATION DISTRICT
ANNEXING TERRITORY TO WHICH OWNERS HAVE CONSENTED
"GAGE HINDLE 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 July 12, 1995, as Resolution No. 95-06, for annexation to the
Cardiff Sanitation District (thereafter 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 September
11, 1995, 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 seqo;
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 95-19 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 48300
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.
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.
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The tenDs and conditions of the proposed annexation are: Payment of State
Board of Equalization 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 F onnation Commission, this
Board may adopt its resolution ordering the annexation without notice and
h~aring 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
not be taxed for existing bonded indebtedness.
h.
Pursuant to State CEQA Guidelines Section 15074 (California Environmental
Quality Act of 1970), the Board finds that this project is categorically exempt
from further environmental reviewo
IT IS FURTHER RESOLVED AND ORDERED that pursuant to Government Code
Section 57002, the following described incorporated territory in the City ofEncinitas, 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 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 Fonnation
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 Codeo
wit:
PASSED AND ADOPTED this 13th day of September, 1995, by the following vote, to
AYES:
Aspell, Bond, Davis, DuVivier, Hano
NAYS:
None
ABSENT:
None
ABSTAIN:
None
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ATTEST:
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-,'. - C Q A :') f-.o:ry'\~
Deborah Cervone, Clerk of the Board
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PARCEL 1:
EXHIBIT "A"
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Thlt portlon ot Lot 94 of Colony of Oli.venhain. in the CC?unty. of San Daqo,
Stlte of Callfornia. accordinq to Map thereof No. 326. f11ed 1n the Ottlce
of the Count, Recorder of San Dieoo County. July 8. 1885. TOGETHEK VITH
portion of "&~ Street adjoinln~ said ~ot 94 ot th. Vpst ~S varat.d an~ rlosed
to publlC USE. being described as a whole as follows:
COMMENCING at a point on the Westerly line of Lot 30 of said Map No. 326.
distant ther~cn North 15.03'50" East. 361.69 feet fro~ the Southwesterly
corner of sa:.¿ Lot 30; thence alonq said Westerly line South l~.Oj'SO"
Vest. 180. S~ teet to a point herein desiçnated as Point "1,"; thence North
73 '11'00'. vts ~. 175.75 feet to a polot herein deSlqnated as Point ."Y" and
the TRUE POI};'!' or BE~INNING; thence South 15'03"50" Vest, 180.84 feet to thE:
intersectlo~ vith the Southerly line of said Lot 94; thence Ilona sald
Southerly 1i~e and the Westerly prolonQation thereat North 73.11'00" West,
132.00 tee: tc an intersection with the center line of slid "B" Street:
thence alonq said center line North 15.03'50" East. 180.84 feet tc an
intersectl0t vith a line which bears North 73.11'00" Vest from the tru~
point of beçl~ning; thence South 73.11'00" East. 132.00 teet to th~ TRUE
POINT OF BE:\i!l:HING.
PARCEL 2:
Elsements an¿ rights of way tor road. vater sewer. qas. power and telephone
lines and ap;~rtenances thereto over, under. alono and across portlons of Lot
94 of Colo~y of Olivenhain, in the County of San Dieqo, ~&te~f Callfornla,
accordino tc ~ap thereof No. 326. filed in the Office of the County Recorder
ot San DieQc County. July 8. 1885 and a portion of "C" ,.sweet, ad)Olninq
slid Lot 9' on the East as vacated and closed to public use. being more
particularly described as Easement Parcels "A" and "B" &1 follows:
ElSEØENT PU.CEL "A":
All that ~OrtlOn of said Lot 94 lyinq within the circumference of a 25.00 foot
radius circh tbe center of which is at s&id Point "Y" hereinabovE- desiqnated
in Parce 1 1.
EASDENT PARCEL "B":
A strip of l~Dd 30.00 feet in width the center line of said strip beinq a line
which bears North 73.11'00" V.st, 175,75 feet from said Point "Z" to said
Point "Y" bereinabove designatecS.
EXCEPTING from laid Ealement Parcel "BO' that portion lyino wi thin Easement
'Ireel """ bereinabove, aDd the E.8Iterly 30.00 feet.
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PAICEL 3:
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An easement Ind rioht of way tor road, lewer, water, gl', power and
telephone lines and apourtenanc.s thereto over. under, alonø and acroll that
portion of H,e Easterly 30.00 teet ot .'C" Street now ..cated ane! cloud to
public use lying Westerly of aDd adjacent to Lot 30 of Colony of Olivenbain,
in the County ot Sin Diego, State of Californil, accor41n; to HIp thereof Ho.
326, fil~d i~ the Office of the County Recorder of Sin Diego County, July 8.
1885, 1Y1no Northerly of the Easterly prolongation of the Southerly line ot
Book 1#
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ATIACIDvIENT2
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Lot 94 of laid Map No. 326 and 1yinq Southerly of a line which bears North
73"11'00" Vest, parallel with the center line of 7th Street as shown on
said Map No. 326 from I point on the Westerly line of said Lot 30, distant
thereon North lS.O3'SO" East, 361.69 feet from the Southwesterly corner of
said Lot 30.
PARCEl.. 4:
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An easement and riQht of way for road. sewer, water, qas, power and telephone
lines and appurtenances thereto over, under. along and across that portlon of
the Northerly Half of 6th Street as shown on Colony of Olivehain, 1n the
County of San Dieqo, State of California. accordinø to Ha~ thereot No. 326.
filed in the Office of the County Recorder of San DieQo County. July 8. 1885.
lying Easterly of the Southerly prolongation of thr: Center line of "C" Street
and Vesterly of the Southerly prolonQation of the center line of "D" Street
as shown on said Map No, 326, said portion of the Northerly Half of 6th
Street being vacated and closed to public use.
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DATE:
7/12/95
VICINITY MAP
LAFCO:
GAGE HINDLE ANNEXATION TO
CARDIFF SANITATION DISTRICT
AREA: .55 ACRES
A.P.N.
265-331-37
HOMl\S BROS:
PAGE 1147
AITACHMENT3
BOUND.
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.. .SA!" DIEGO COUNTY As.sE~'S
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HAl" !IC 2.65 PG 33 Book 1#
DATE:
7/12/95
CALE : NONE
LAFCO:
EXIST. DIST.
BOUND.
GAGE HINDLE ANNEXATION TO
CARDIFF SANITATION DISTRH
AREA:
.55 ACRES
A.P.N.
265-331-37
HOMAS BROS:
PAGE 1147
BOUND.
A 'T"T' A r<TTll ..,..,... TOT' A