Reso 0448-12/1976 RESOLUTION NO. 448
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SAN MARCOS COUNTY WATER DISTRICT ORDERING
THE ANNEXATION OF CERTAIN PROPERTY INTO THE
SAN MARCOS COUNTY WATER DISTRICT AND IMPROVE-
MENT DISTRICTS 1,2,6 and "A" FOR SEWER SERVICE
[DAVID MUCHOW ANNEXATION]
WHEREAS, a petition for the annexation to the San Marcos
County Water District was filed with the Executive Officer of the
Local Agency Formation Commission of the County of San Diego; and
WHEREAS, the Executive Officer of the Local Agency Forma-
tion Commission has examined the petition and determined that it is
signed by the requisite number of signers, and has attached his
certificate to the petition showing the results of his examination,
as provided in Government Code Section 56150 through 56162, inclu-
sive; and
WHEREAS, the land described in said petition is the land
hereinafter described in this resolution, and the owners of the land
have given their written consent to said annexation; and
WHEREAS, the owners of the land described in this Resolu-
tion have advanced to the Secretary of the San Marcos County Water
District the costs of this annexation, including, but not limited to,
advertising, engineering and attorney's fees; and
WHEREAS, the inclusion of said land will be for the best
interest of the District; and
WHEREAS, the inclusion of said land will be for the best
interest of the land, and the owner thereof consents to the inclusion
of said land in the District; and
WHEREAS, the Board of Directors determines that all of the
land described in said petition and hereinafter described shall be
included in the District; that the proceedings had for the annexation
and inclusion herein and above referred to were genuine and sufficient
and in all respects complied with the District Reorganization Act of
1965, beginning with Section 56000 of the Government Code of the
State of California.
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Resolution No. 448
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF SAN MARCOS COUNTY WATER DISTRICT, as follows:
Section 1. The Board of Directors of the San Marcos
County Water District does hereby order the annexation of all of the
land described in the petition above referred to; Exhibit "A"
attached hrerto and incorporated herein, is the legal description of
the land included within the San Marcos County Water District pursuant
to this resolution and the proceedings above referred to, which said
description is sufficient to identify this land.
Section 2. The conditions of said annexation are as
follows:
Section 2.1 The annexation is for sewer (not water)
service.
Section 2.2 The assumption by the territory of liability
for payment of a proportionate share of all principal and interest
which shall become due on account of all outstanding sewer service
bonds of the San Marcos County Water District and the lebying and
collection of taxes in the territory necessary to provide for such
payment; specifically excluding liability for water service bonds.
Section 2.3 Annexation of the territory to existing
Improvement Districts 1,2,6 and "A" of the San Marcos County Water
District.
Section 2.4 Payment by petitioner of the sum of $400.00
to cover the costs of annexation, which include attorney's fees, engin-
eering fees, filing fees and miscellaneous costs of annexation.
Section 2.5 Payment by petitioner of the sum of $25.00
per acre or fraction thereof for annexation of the territory into the
San Marcos County Water District for the sue or right of use of the
existing property of the District.
Section 2.6 Payment by petitioner of the sum of $25.00
per acre or fraction thereof for annexation into Improvement Districts
Nos. 1,2,6 and "A" (together, not individually) for the use or right
of use of the existing property in the Improvement Districts.
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Resolution No. 448
Section 3. This resolution shall become effective
immediately upon its final passage.
Section 3.1 This resolution is adopted pursuant to
Section 56322 of the Government Code of the State of California and
pursuant to the resolution of the Local Agency Formation Commission
adopted December 6, 1976.
Section 3.2 This resolution is adopted without notice
or hearing and without an election being conducted in said territory
all in accordance with Section 56322 of the Government Code of the
State of California, and the resolution of the Local Agency Formation
Commission as aforesaid.
Section 4. The Secretary of this District shall comply
with the provisions of the Government Code Section 56450 through
Section 56457, and shall file with the Secretary of State and with
the County Recorder of San Diego County, certified copies of this
Resolution and certificates stating this resolution is effective.
The Secretary of this District shall further comply with the provisions
of the Government Code Section 54900, et seq., by filing with the State
Board of Equalization and with the County Assessor of San Diego County
statements of change of boundary, together with a map or plat of the
area to be assessed.
PASSED AND ADOPTED this 20th day of December, 1976, by
the following roll call vote:
AYES: Directors: Michel, Vanderbeck, Dow and Blanchard
NOES: Directors: Mahr
ABSTAIN: Directors: None
ABSENT: Directors: None
of San Marcos County Water District
ATTEST:
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