Reso 0328-10/1969 RESOLUTION NO. 328
RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN MARCOS
COUNTY WATER DISTRICT ORDERING THE ANNEXATION OF
CERTAIN PROPERTY DESIGNATED "THE BENNETT ORCHARD
ESTATES ANNEXATION"
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SAN MARCOS
COUNTY WATER DISTRICT AS FOLLOWS:
Section 1: The following facts are hereby found and
determined to be true:
(a) A petition for the annexation td the San Marcos
County Water Dsitrict was filed with the Executive Officer of the
Local Agency Formation Commission of the County of San Diego on
June 13, 1969; and
(b) The Executive Officer of the Local Agency Formation
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 result of his examination, as provided
in Government Code Section S61S0 through S6162, inclusive; and
(c) The land described in said petition is the land heroin
after described in this Resolution, and the owners of the land have
given their written consent to said annexation; and
(d) The owners of the land described in this Resolution
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
(e) The inclusion of said land will be for the best interest
of the. District; and
(f) The inclusion of said land will be for the best interest
of theland, and the owners thereof consent to the inclusion of said
land in the District; and
(g) The Board of Directors determines that all of the land
described in said petition and heroinafter described shall. be in-
cluded in the District; that the proceedings had for the annexation
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and inclusion heroin and above referred to were genuine and sufficient
and in all respects complied with the District Reorganization Act
of 196S, beginning with Section S6000 of the Government Code of the
State of California.
Section 2: The Board of Directors of the San Marcos County
Water Dsitrict does hereby order the annexation of all of the land
described in the petition above referred to. The following 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 the
land:
That portion of the incorporated area of the City of
San Marcos, in the CoulIty of San Diego, State of California,
more particularly described by metes and hounds as follows:
1. Beginning at the most Southerly corner of B]ock 3
of Bennett Orchard Estates Unit No. 1, according to
Hap thereof No. 2065, filed in the office of the
County Recorder of San Diego County October ]7, 1927;
2. Thence South 62o47'00" East 33.00 feet to the center line
of Bennett Avenue as shown on said Map and being the
true point o[ beginning;
3. Thence South 27°13'00'' West to the Southeasterly
prolongation of the Southwesterly line of Lot 12,
Block 21, as shown on Map No. 806, filed in the
Recorder's Office of sa~d County;
4. Thence Northwesterly along said Southeasterly prolongation
along said Southwesterly line and along the South-
westerly line of Lot 11 of said Block 21, to the
Northwesterly line of said Lot 1i;
5. Thence Northeasterly along said Northwesterly line
of Lot 11, to a point on the center line of that
certain easement granted to the County o[ San Diego
by H. P. Bloom by deed dated March 27, 1912, and
recorded in Book 505, page 62 of Deeds, in the Office
of the County Recorder of said County, said point
being a point on a curve, central angl~ 31°12', whose
center bears South 34°32' West 1221.3 feet from said
point; thence along said center line of said easement
the following courses:
6. Northwesterly along said curve, through a central angle
of 22o34', 479.0 feet, to the beginning of a reverse
curve concave Northeasterly,
7. Northwesterly along said reverse curve, radius 268.2
feet, central angle 35~1()' a distance of 16~.6 feet,
to the end of said curve;
8. Tangent to said reverse c~rve, North 24°52' West
761.24 feet, more or less, to the Southwesterly
prolongation of th~ cent~rlin~ of the road
~etween Blocks 20 and 23 of said Rancho Los
Vallecitos de San Marcos as shown on Map No. 806;
9. Thence, leaving said centerline of said easement,
Northeasterly along said Southwesterly prolongation
and along said centerline of said road, to the
centerline of tl~e road between said Block 20 and
Block 19 as shown on said Map No. 806;
]8. 'lhence Southessterly along said centerline, to
to the Southwesterly prolm~gation of the North-
westerly line of Lot 1 of said Block 19;
11. Thence Northeasterly along said Southwesterly
prolongatimx, along said Northwesterly line and along
the Northeasterly prolongation thereof, to the
centerline of tke road between said Block 19
and Block 18 as shown on said Map No. 806~
12. Thence Southeasterly along said centerline to the
centerline of the road between said Block 18 and Block
11 as shown on said Map No. 800;
15. Thence along said centerline North 27°12'00~' East to
a line which bears North 62~47'00'l West, at right angles
to the Southeasterly line of said Bennett Avenue,
from the most Northerly corner of Lot 4 in Block 1
of Map No. 2123 filed in the Recorder's Office of said
County;
Thel~ce So~th 62~47'00'' Bast, 33.00 feet to the Most
Northerly corner uf said Lot 4;
15. Thence along the Northeasterly line of said Lot 4
South 26~09'30'l East, 620.90 feet to the Southeasterly
boundary of said Lot 4, being a poi~t on the arc of
a 420.00 foot radius curve the center of which bears
South 56~24'44" East from said point~
16. Thence along the radial line of said curve South
56°24'44'I East 20.00 feet to the center line of
Yalemar Drive as shown on said Map No. 2123, being
a point on the arc of a 400.00 foot radius curve
concentric with the last above described curve;
17. Thence along said center line Northeasterly along the
arc of said curve through a central angle of 28°32'44"
a distance of 196.64 feet to the beginning of a
compou~ld 300.00 foot radius curve;
18. Thence continuing along said center line, Easterly and
Southeasterly along the arc of said compound curve
through a central angle of 85°00'00'` a distance of
287.98 feet~
19. Thence co~tiI~ui~lg along said center line South 62~
52'00" Bast, 487.53 feet to the Northeasterly
prolongation of the Sontheasterly line of Lot 9 in
Block 1 of said Map No. 2123;
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20. Thence along said prolongatioI~, said Southeasterly
line and aloI~g the Southeasterly line of Lots ~0 and
11 in said Block 1 of Map No. 2]23, South 27°13'00'~
West, 1386.10 feet to the most Southerly corner of
said Lot 11;
21. Thence along the Southwesterly boundary of said
Lot 11, North 62°47'00'l West, 660.38 feet to an angle
point therein;
22. Thence continuing along said Southwesterly boundary
North 39°46'00" West, 171.90 feet to the most Westerly
corner of said Lot 11;
23. Thence at right angles to the Northwesterly line of
said Lot 11, North 49°46'00'' West, 20.00 Feet to the
center line of Palemar Drive as shown o~ said Map
No. 2123;
24. Thence along said center line South 40°14'00'~ West,
165,69 feet to the beginning of a tangent S00.00
foot radius curve therein, concave Northwesterly;
25. Thence continuing along said center line, Southwesterly
along the arc of said curve through a central angle
of 14° 25'30'* a distance of 125.89 feet;
26. Thence continuing along said center line and the
Southwesterly prolongation thereof South 54~39'30''
West, 550.00 feet, more or less, to the center line
of the unnamed Street adjoining Lot 1 in Block 1
of said Map No. 2123, on the Southwest;
27. Thence along said center line and the Northwesterly
prolongation thereof North 62~47'00" West, 190.00
feet, mom or less, to the center line of Bennett
Avenue as shown on said Map No. 2065;
28. Thence along said center line South 27~13'0~'l West,
to the true point of beginning.
Section 3: The conditions of the said annexation are as
follows:
(1) Proceedings will be undertaken by the Board of
Directors of the San Marcos County Water District establishing
special rates of taxation consistent with the provisions
of Article 2 (commencing with Section 31665) of Part 7,
Division 12 of the California Water Code.
(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 bonds of the San Marcos County Water District
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and the levying and collection or taxes in the
territory necessary to provide for such payment.
(3) Annexation of the territory to existing Improvement
District Nos. 1, 2, 5, and 6 of the San Marcos County
Water District.
(4) Payment by petitioners of the sum of $175.00 to
cover costs of annexation which include attorneys' fees,
publications, and miscellaneous costs of annexation.
(5) Payment By petitioners of the sum of $25.00 per
acre or fraction thereof for annexation of the territory
lnto the District for the use or right of use of the
existing property of the District.
(6) Payment by petitioners of the sum of $25.00 per acre
or fraction thereof for annexation into improvement
District Nos. 1, 2, 5, and 6 inclusive (together, not
individually) for the use or right of use of the existing
property in the Improvement Districts.
Section 4: This Resolution shall become effective immediately
upon its final passage; this Resolution being 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 August S, 1969, and the amendment thcreto adopted
September 16, 1909. This Resolution being adopted without notice
and 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 Agexlcy Formation
Commission as alForesaid. 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 that 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 tile State Board of Equalization and with the County Asscssor
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 6th day of
October , 1969, by the following roll call vote:
NOES: Directors None
ABSENT: Directors None
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