2000-09 CSD Reorganization
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Resolution No. 2000-09
Resolution of
The Board of Directors of the Cardiff Sanitation District
Requesting that the San Diego Local Agency Formation Commission
Initiate Proceedings for a Reorganization of the Cardiff Sanitation District
Resolved by the Board of Directors of the Cardiff Sanitation District that
WHEREAS, the City Council of the City of Encinitas and the Board of Directors of
the Cardiff Sanitation District desire that the San Diego Local Agency Formation
Commission initiate proceedings pursuant to the Cortese-Knox Local
Government Act of 1985, Division 3, commencing with Section 56000 of the
California Government Code for the reorganization of the Cardiff Sanitation
District; and
WHEREAS, the territory proposed to be reorganized is inhabited and a
description of the boundaries of the territory is set forth in Exhibits A and B
attached hereto and by this reference incorporated herein; and
WHEREAS, the proposed reorganization includes the detachment of Cardiff
Sanitation District territory currently outside the boundaries of the City of
Encinitas and the merger of the Cardiff Sanitation District with the City of
Encinitas; and
WHEREAS, the City Council of the City of Encinitas and the Board of Directors of
the Cardiff Sanitation District find that the proposed reorganization is exempted
by Section 15320 of the State CEQA Guidelines because the proposal consists
of a reorganization of government agencies which does not change the area in
which previously existing powers are exercised; and
WHEREAS, the proposed reorganization is not consistent with the sphere of
influence of the Cardiff Sanitation District; and
WHEREAS, the proposed reorganization should be subject to the terms and
conditions as set forth in Exhibit C; and
WHEREAS, the Board of Directors of the Cardiff Sanitation District hereby
consents to the proposed reorganization subject to the terms and conditions set
forth in Exhibit C; and
WHEREAS, the reason for the proposed reorganization is as follows:
Merger of the Cardiff Sanitation District with the City of Encinitas will allow
the City to provide sewer services to City residents without the
requirement that the territory annex into the Cardiff Sanitation District.
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This will eliminate an unnecessary layer of government and facilitate the
provision of sewer services in a more efficient and economical manner.
NOW, THEREFORE, this resolution is hereby adopted and approved by the
Board of Directors of the Cardiff Sanitation District and the Local Agency
Formation Commission of San Diego County is hereby requested to initiate
proceedings for the reorganization of the territory as described in Exhibits A and
B, according to the terms and conditions stated in Exhibit C and in the manner
provided by the Cortese-Knox Local Government Act of 1985.
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PASSED and ADOPTED by the Board of Directors of the Cardiff Sanitation
District this 22nd day of March, 2000 by the following vote to wit:
AYES: Bond, Cameron, DuVivier, Guerin, Holz.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
Christy Guer' hairperson
Cardiff Sanitation District
JJj~A~ C <Ll~()
Deborah Cervönè, Clerk of the Boara-
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EXHIBIT A
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Metes & Bounds Legal Description of Those Areas Within the Cardiff
Sanitation District Outside the Corporate Limits of Encinitas
All that territory in the County of San Diego, State of California, lying within the
following described boundaries, all within the Cardiff Sanitation District:
AREA 1
Beginning at the Northwest corner of Lot 3, Block 35, Rancho Santa Fe, Map thereof No.
1742, filed in the Office of the County Recorder, said County, December, 1922, said
Point of Beginning also being a point on the Easterly boundary of Tract 4254, Map
thereof No. 11055, filed in the Office of the County Recorder, said County, on October 9,
1984;
Thence South 2019' 11" East, 2,535.53 feet, along said Easterly boundary to the Southeast
Corner of Government Lot 2, Township 13 South, Range 4 West, San Bernardino
Meridian, United States Government Survey, also a Southeast corner of said Map No.
11055;
Thence South 89°34'26" East, 416.70 feet, along the Southeasterly boundary of said Map
11055 to the Northeast corner of the Northwest Quarter of the Southeast Quarter of
Fractional Section 25, Township 13 South, Range 4 West, San Bernardino Meridian,
United States Government Survey, also a Southeast corner of said Map No. 11055;
Thence South 0054'15" West, 627.10 feet, along the Southeasterly boundary of said Map
No. 11055 to a point set according to Record of Survey No. 9416, filed in the Office of
County Recorder, said County, on July 21, 1983, also a Southeast corner of said Map No.
11055;
Thence North 89°40'41" West, 1,316.08 feet, along the Southerly boundary of said Map
No. 11055, also a segment of the boundary of the City of Encinitas, to a point set
according to said Record of Survey No. 9416, also the Southwest corner of said Map No.
11055;
Thence North 0058'27" East, 630.58 feet, along the Westerly boundary of said Map No.
11055, also a segment of the boundary of the City of Encinitas, to the center of said
Fractional Section 25, also a point on the Westerly boundary of said Map No. 11055;
Thence North 0°57'11" East, 780.00 feet, along the Westerly boundary of said Map No.
11055, also a segment of the boundary of the City of Encinitas, to a point set per said
Record of Survey No. 9416, also a point on the Westerly boundary of said Map No.
11055;
Thence North 60059'43" East, 959.35 feet, along the Westerly boundary of said Map No.
11055, also a segment of the boundary of the City of Encinitas, to a point set according to
EXHIBIT B
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said Record of Survey No. 9416, also a point on the Westerly boundary of said Map No.
11055;
Thence North 0°55'51" East, 1,359.75 feet, along the Westerly boundary of said Map
No. 11055, also a segment of the boundary of the City of Encinitas, to a point set
according to said Record of Survey No. 9416, also a point on the Westerly boundary of
said Map No. 11055;
Thence South 60°56'18" West, 959.29 feet, along the Westerly boundary of said Map
No. 11055, also a segment of the boundary of the City of Encinitas, to a point set
according to said Record of Survey No. 9416, also a point on the Westerly boundary of
said Map No. 11055;
Thence North 0°57'11" East, 512.86 feet, along the Westerly boundary of said Map No.
11055, also a segment of the boundary of the City of Encinitas, to the Northwest Corner
of the Northwest Quarter of the Northeast Quarter of said Fractional Section 25;
Thence South 89°49'00" East, 1,579.89 feet, along the Northerly line of said Fractional
Section 25, also the Southerly line of Fractional Section 24, Township 13 South, Range 4
West, also a segment of the boundary of the City of Encinitas, to a point set according to
said Record of Survey No. 9416, also an Eastern corner of said Map No. 11055, also a
point on the Westerly boundary of said Map No. 1742;
Thence South 2019'11" East, 112.68 feet, along the Easterly boundary of said Map No.
11055 to the Point of Beginning.
AREA 2
Beginning at the intersection of the Southwesterly prolongation of the centerline of "G"
Street with the centerline of Third Street, all in Colony Olivenhain, Map thereof No. 326,
filed in the Office of the County Recorder, said County, on July 8, 1885, said "G" Street
vacated as described on Parcel Map No. 5921, filed in the Office of the County Recorder,
said County, on May 12, 1977, said centerline of Third Street also being the centerline of
Road Survey 572, filed in the Office of the County Engineer, said County, on June 19,
1933;
Thence Northeasterly along said Southwesterly prolongation and the centerline, all of
said "G" Street, vacated, to the Southerly line of Fourth Street, as shown on said Map No.
326 and vacated per City Council Resolution No. 96-11, City of Encinitas, filed in the
Office of the County Recorder, said County, on March 4, 1996 as Document No. 1996-
0106106;
Thence Southeasterly along said Southerly line, also a segment of the boundary of the
City of Encinitas, to a line which bears South 15033'39" West from a point in the
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Northerly line of said Fourth Street, vacated, distant South 72°30'50" East, 99.96 feet,
from an intersection with the centerline of said "G" Street, vacated;
Thence North 15033'39" East along said line, also a segment of the boundary of the City
of Encinitas, to the centerline of said Fourth Street, vacated;
Thence Southeasterly along said centerline of said Fourth Street, vacated by the Board of
Supervisors, said County, on December 14, 1965, to the intersection with the
Southwesterly prolongation of the Easterly line of "H" Street, vacated;
Thence Northwesterly along said Southwesterly prolongation to the intersection with the
Northerly line of said Fourth Street, vacated;
Thence Southeasterly along said Northerly line to the intersection with a line which bears
North 43°26'40" East from a point on the centerline of said Fourth Street, vacated,
distant North 72°34'09' West, 88.62 feet, from an intersection with the Southwesterly
prolongation of the Easterly line of "H" Street, vacated;
Thence Southwesterly along said line to the centerline of said Fourth Street, vacated;
Thence South 43026'40" West along a line, as shown on Record of Survey No. 9767,
filed in the Office of the County Recorder, said County, on August 30, 1984, to the
intersection with the centerline of said Third Street, also the centerline of said Road
Survey 572, all also known as Rancho Santa Fe Road South;
Thence Northwesterly along said centerline to the Point of Beginning.
AREA 3
Beginning at the intersection of the centerline of Road Survey 448, filed in the Office of
the County Engineer, said County, and known as El Camino del Norte, with the
Southwesterly prolongation of the Easterly boundary of Lake Val Sereno, Unit No.3,
Tract No. 2648, Map thereof No. 7531, filed in the Office of the County Recorder, said
County, on January 18, 1973;
Thence Northwesterly along said centerline to the intersection with the Southwesterly
prolongation of the Westerly boundary of Lake Val Sereno, Unit No.2, Tract No. 2648,
Map thereof No. 7060, filed in the Office of the County Recorder, said County, on
September 22, 1971;
Thence North 14050'25" East, 40.00 feet, to the Northerly line of said Road Survey 448;
Thence Southeasterly along said Northerly line, also a segment of the boundary of the
City of Encinitas, to the Northwesterly boundary of Rancho Santa Fe, Map thereof No.
1742, filed in the Office of the County Recorder, said County, December, 1922;
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Thence South 43°30'30" West along said Northwesterly boundary, also the
Southwesterly prolongation of the Easterly boundary of said Map No. 7531, to the Point
of Beginning.
AREA 4
Beginning at the intersection of the centerline of "H" Street, vacated, with the Southerly
line of Ninth Street, all in Colony Olivenhain, Map thereof No. 326, filed in the Office of
the County Recorder, said County, on July 8, 1885;
Thence North 15035'56" East, along said centerline, also a segment of the boundary of
the City of Encinitas, to the Northerly line of said Ninth Street;
Thence Southeasterly along said Northerly line to the intersection with the Westerly
boundary of Tract 3713, Map thereof No. 9141, filed in the Office of the County
Recorder, said County, on February 28, 1979;
Thence South 15040'13" West along the Westerly boundary of said Tract to the
intersection with the centerline of said Ninth Street;
Thence North 72044'01" West, 40.02 feet, along said centerline, also a segment of the
Westerly boundary of said Map No. 9141;
Thence South 15040'13" West, 40.02 feet, along a segment of the Westerly boundary of
said Map No. 9141 to the intersection with the Southerly line of said Ninth Street;
Thence North 72044'01" West, 342.31 feet, along said Southerly line, also a segment of
the Westerly boundary of said Map No. 9141, to the Point of Beginning.
AREA 5
All that portion of Lot 2 in Section 31, Township 13 South, Range 3 West, San
Bernardino Base and Meridian, in the County of San Diego, State of California,
according to United States Government Survey, lying within the following described
boundaries:
Beginning at the Northeasterly corner of Lot 8 of San Elijo Hills, according to Map
thereof NO. 7670, filed in the Office of the County Recorder of San Diego County, June
20, 1973;
1. Thence along the boundary of said Map No. 7670, South 05030'00" East, 413.24 feet
to the Southeasterly corner of Lot 6, being Point "A";
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EXHIBIT B
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2. Thence continuing along the Southerly prolongation of the Easterly line of said Lot 6,
South 05°30'00" East, 96.97 feet to the True Point of Beginning;
3. Thence retracing along said Southerly prolongation North 05030'00" West to an
intersection with a line described as follows:
Beginning at said Point "A";
A. Thence South 25°40'03" East, 42.00 feet to Point "B" and the beginning of said
line;
B. Thence South 64°19'57" West, 159.17 feet along said line to Point "c" and the
terminus thereof;
4. Thence South 64°19'57" West along said line to said Point "C", being the beginning
of a tangent 600.00 foot radius curve concave Southeasterly;
5. Thence Southwesterly along said curve to an intersection with a line which bears
South 60000'00" West from the True Point of Beginning;
6. Thence North 60000'00" East along said line to the True Point of Beginning.
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EXHIBIT B
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2.
Proposed Terms and Conditions
"Cardiff Sanitation District Reorganization"
Detachment of Territory from the Cardiff Sanitation District and
Meraer olihe Cardjff Sanitation District with the City of Encinitas
Effective Date:
The effective date of the Cardiff Sanitation District Reorganization shall be
the date of recordation of the Certificate of Completion (Government Code
§56844[p]).
Detachment of Territory from the Cardiff Sanitation District:
(a)
Territory to be detached from the Cardiff Sanitation District and
currently receiving sewer service from the District shall be provided
sewer service following the merger by the City of Encinitas under
the same terms and conditions as provided to residents within the
City of Encinitas (Government Code §56844[r]).
(b)
Territory to be detached from the Cardiff Sanitation District and not
receiving sewer service from the District at the time of the merger
shall be provided sewer service in the future by the City of
Encinitas. The extension of sewer service shall be at the request of
the property owner and under the same terms and conditions as
the extension of sewer services to territory within the City. This
provision does not preclude property owners outside the City from
requesting and receiving sewer service from another public agency
(Government Code §56844[r]).
(c)
Contractual agreements for the continued, or future, provision of
sewer services to properties outside the City of Encinitas shall be
executed prior to the detachment of territory from the Cardiff
Sanitation District. Said agreements shall be satisfactory to the
City of Encinitas and affected property owners (Government Code
§56844[r]).
(3)
Meraer oU.he Cardiff Sanitation District with the City of Encinitas:
(a)
As of the effective date of the reorganization the Cardiff Sanitation
District shall be dissolved, terminated, disincorporated, and
extinguished and all its corporate powers shall cease (Government
Code §56844[v]).
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Exhibit C
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(b)
(c)
The City of Encinitas shall be designated as the successor to the
Cardiff Sanitation District, for the purpose of succeeding to all of the
rights, duties, and obligations of the Cardiff Sanitation District with
respect to the enforcement, performance, or payment of any
contracts and obligations of the Cardiff Sanitation District
(Government Code §56844[m]).
Capacity rights and/or ownership in any public improvements or
facilities shall be transferred from the Cardiff Sanitation District to
the City of Encinitas and shall continue to exist as they existed prior
to the merger of the District with the City (Government Code
§56844U]).
(d)
The City of Encinitas shall be designated as the successor to the
Cardiff Sanitation District, for the purpose of succeeding to all
existing contractual obligations or agreements of the Cardiff
Sanitation for the provision of sewer services to other public
agencies or private parties. This shall include, but not be limited to,
any implied of expressed existing obligations and contracts with
property owners an/or existing agreements for the management
and operation of the San Elijo Water Reclamation Facility
(Government Code §56844[r]).
(e)
The City of Encinitas shall be designated as the successor to the
Cardiff Sanitation District, for the purpose of succeeding to existing
agreement with the Leucadia County Water District for the provision
of wastewater collection, treatment, and disposal to Rancho Verde
Unit 4, Carlsbad Tract 89-18 (Government Code §56844[r]).
(f)
The City of Encinitas shall be designated as the successor to the
Cardiff Sanitation District, for the purpose of succeeding to the
existing "Lease Agreement Between the Cardiff Sanitation District
and the Rancho Santa Fe Community Services District", Agreement
No. A9011 dated 4/9/91 (Government Code§56844[r]).
(g)
Concurrent with the merger of the Cardiff Sanitation District, an
improvement district (ID) shall be formed which encompasses the
territory of the Cardiff Sanitation District that was within the City
boundaries at the time of the merger. In lieu of establishing an ID,
the City may establish accounting procedures, or other
mechanisms that preserve the financial integrity of assets of the
Cardiff Sanitation District ratepayers (Government Code §56844[e])
and [i]).
Exhibit C
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(h)
(i)
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Revenues from fees, taxes, assessments, or charges collected
within the former territory of the Cardiff Sanitation District and
existing at the time of the merger shall be utilized for sewer related
activities within the former sanitation district territory (Government
Code §56844[i]).
All property, whether real or personal, including monies (including
cash on hand and accounts payable) of the Cardiff Sanitation
District shall be transferred to and vested in the City of Encinitas
(Government Code §56844[h] and [i]).
G)
Property owners in the territory of the Cardiff Sanitation District will
retain liability for any existing long term debt, principal and interest,
and other amounts which shall become due on account of all or any
part of any outstanding or currently unissued bonds, including
revenue bonds, or other contracts or obligations, in the same
manner as provided in the original authorization of the bonds and in
the amount necessary to provide that payment (Government Code
§56844[t]).
(k)
Any taxes, assessments, fees, or charges shall be levied and
collected in the same manner provided by the sanitation district
principal act or other applicable statutes. As successor, the City of
Encinitas assumes responsibility for the continuation of any
previously authorized tax, assessment, fee or charge of the Cardiff
Sanitation District (Government Code §56844[t]).
Exhibit C
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