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1997-17 Annexation, Couser . . . RESOLUTION NO. 97-17 A RESOLUTION OF THE BOARD OF DIREC ORS OF THE CARDIFF SANITATION DISTRIC ANNEXING TERRITORY TO WHICH OWNERS HAVE CONSENTED "BEATRICE COUSER ANNEXATION" WHEREAS, pursuant to the Cortese-Knox Local Government R organization Act of 1985 (Govt. Code, Section 5600 et seq.) preliminary proceedings were c mmenced by resolution of application by a direct request to the Local Agency Formation Comm ssion for a Contractual Service Agreement; WHEREAS, the annexation proposed by said resolution of appli ation was presented to and approved by the Local Agency Formation Commission of San Dieg County on November 3, 1997, and the Cardiff Sanitation District (hereinafter referred to as the District) was designated as the conducting District pursuant to Government Code, Section 56837; to Government Code Section 57025 et seq.; NOW, THEREFORE, IT IS RESOLVED, ORDERED AND DE ERMINED, pursuant The manner in which and by whom preliminary proceed'ngs were commenced was by direct petition and resolution of application to th Local Agency Formation Commission as stated above. a. b. The territory to be annexed has been designated DA 97- 0 by the Local Agency Formation Commission, and the exterior boundaries of s ch territory are as hereinafter described. c. The territory proposed to be annexed is uninhabited and ill be benefited by such annexation as described in Health and Safety Code ection 4830. d. The reasons for the proposed annexation as set forth in t e resolution of application referred to above are: The District is empowered to and is engaged in disposal facilities. The territory proposed to be annexed to said Dis . ct is developed and/or proposed to be developed and used for residenti and/or commercial purposes and provision for sewage disposal facil ties for said territory is essential for.such purposes. 1. 2. ishing sewage e. The terms and conditions of the proposed annexation are: Payment of State Board of Equalization fees. Book " to :J..C() Page. . . . f. All the owners of land within such territory have given eir written consent to such annexation, as provided in Government Code, Sect on 56837; and therefore, as approved and authorized by the Local Agency Forma. on Commission, this Board may adopt its resolution ordering the annexation .thout notice and hearing and without an election, as provided in Gove ent Code, Section 57002. g. The regular County assessment role will be utilized and he affected territory will not be taxed for existing bonded indebtedness. h. Pursuant to State CEQA Guidelines Section 15319 (Cali ornia Environmental Quality Act of 1970), the Board finds that this project is ategorically exempt (Class 19) from further environmental review. IT IS FURTHER RESOLVED AND ORDERED that pursuant to Government Code Section 57002, the following described incorporated territory in the City f Encinitas, State of California, be and it hereby is annexed to and made a part of the Cardiff anitation District. IT IS FURTHER ORDERED that the Clerk of this Board immed ately transmit a certified copy of this resolution along with a remittance to cover the fees equired by the Government Code Section 54902.5 to the Executive Officer of the Local gency Formation Commission of San Diego County, so that the Executive Officer may m e 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, Divisi n 2, Title 5 of the Government Code. wit: PASSED AND ADOPTED this 17th day of December, 1997, by e following vote, to AYES: Aspell, Bond, Cameron, Davis, DuVivier NAYS: None ABSENT: None ABSTAIN: None ATTEST: J s Bond, Chairman of th Board Cardiff Sanitation District Deborah Cervone, Clerk of the Boar Book , Ú> P.'~ . LEGAL DESCRIPTION PREPARED FOR L.AF.C.O. AND FOR L.A.F.C.O. PURPOS S ONLY THAT PORTION OF LOT 28 OF THE SUBDIVISION OF THE RANCHO LA ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID CO , JUNE 27, 1898, TOGETHER WITH THOSE PORTIONS OF "B" STREET AND FIRST STREE AS SHOWN ON MAP NO. 326 OF THE COLONY OF OLIVENHAIN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF BLOCK 3 OF THE OLONY OF OLIVENHAIN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORN , ACCORDING TO THE MAP THEREOF NO. 326 FILED IN THE OFFICE OF THE COUNTY RECO ER OF SAID COUNTY; JULY 8, 1885, DISTANT THEREON NORTH IS° 34' EAST 360.23 FEET FROM THE SOUTHEASTERLY CORNER OF SAID BLOCK; THENCE NORTH 72° 23' 2 "WEST 479.13 FEET; THENCE SOUTH IS° 34' WEST 283.09 FEET TO THE TRUE POINT OF BE INNING; THENCE CONTINUING SOUTH IS° 34; WEST 77.14 FEET TO THE WESTERLY PRO ONGA TION OF THE SOUTHERL Y LINE OF SAID BLOCK 3; THENCE ALONG SAID WESTERL PROLONGATION SOUTH 72° 23' 23" EAST 17 FEET; THENCE SOUTH I S° 34; WEST TO SOUTIlERL Y LINE OF LAND DESCRIBED IN DEED TO ROBERT L. COUSER, ET IDe, RECO ED JANUARY 4, 1951 IN BOOK 3919, PAGE 202 OF OFFICIAL RECORDS; THENCE ALONG SAI SOUTIlERL Y LINE AND EASTERLY PROLONGATION THEREOF SOUTH 74° 26' EAST 154.21 FEET TO THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID BLOC 3; THENCE ALONG SAID SOUTHERLY PROLONGATION AND SAID WESTERLY LINE, NOR IS° 34' EAST 175 FEET TO A LINE WHICH BEARS SOUTH 74° 26' EAST FROM THE TRUE P INT OF BEGINNING; THEN NORTH 74° 26' WEST 171.20 FEET TO THE TRUE POINT OF BEG ING. . ..".' " "" ."~ . Book , Page, r101 ATTACHMENT 2 .------- --- ---~--- ---- c.~... ì'".o ~ 7' Book /I Page , :lð?:J DATE: '::ALE: N S 1 0 ca e EXIST. DIST. BOUND. VICINITY MAP LAFCO: BOUND. Beatrice Çouser Annexation t Cardiff Sanitation District AREA: /.1? 1Jc, A.P.N. 259-210-10-00 HOMl\S BROS: P. 1167 J-l ATTACHMENT 3 I <J."'" ,,'-. @ ~ PAR. 4 @ :.4 AC. ~ '- (!) I 0;41. AI" Book , . Page. ;"0'1 DATE: - ;ALE: No Scale PLA T MAP LAFCO: Beatrice Couser Annexation t Cardiff Sanitation District AREA: I, 71 /Ie A.P.N. 259-210-10-00 ROMJ\S BROS: P. 1167 1-1 ATTACHMENT 4 BOUND. . . . o. DIAMOND CONSTRUCTION PO BOX 5005/1 RANCHO SANTA FE CA 92067 PHONE 760-436-9543 July 17, 1997 TO WHOM IT MAY CONCERN: We have examined the septic system of Betty Couser at 4245 Colony Terrace in ncinitas, California Parcel No. 259-210-10 and we fmd the system failed. Mrs. Couser requests co ection to sewer to end exposure of a hazardous health condition to the public. Please feel free to con me at my office if you have further questions. ; """ . ..~ Book " Page" ~OSO. ATTACHMENT 5.