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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. -1- 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. -2- 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: -3-