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Reso 0842-04/1989RESOLUTION NO. 842 RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT ORDERING THE ANNEXATION OF CERTAIN PROPERTY DESIGNATED (SWEET) ANNEXATION INTO SEWER IMPROVEMENT DISTRICTS 1, 2 & 6 OF THE SAN MARCOS COUNTY WATER DISTRICT ~E IT ~ESOLVED BY T~E BOARD OF DIR~CII~ OF T~E SAN MARO~S OOUNTY ~TER DISTRICT as follows: The following facts are hereby found and determined to be true: Section 1.1: That the San Marcos County Water District operates, and maintains a sewage disposal system under and by virtue of Improvement Districts 1 2 & 6 of the San County Water District. Section 1.2: That the owners of the land described in this r~solution have 'given their written consent to the annexation of 'said lands to the improvement districts hereinafter designated and have, in writing, requested the annexation of said lands to said improvement districts. Section 1.3: ~at the owners of the lan~ d~crib~d in this resolution have advanced to the Secretary of the San Ma~cos ODunty Water District the costs of this annexation, includ{ng, but not limited to, advertising, engineering and attorney's fees. Section 1.4: The inclusion of said land within the designated improvement districts will be for the best interest of tbm Section 1.5: ~he inclusion of said land within said improvement districts will be for the best interest of the land, and the c~ners thereof consent to the inclusion of said land in the designated i~i-ovement districts of the San Marcos County Water District. Section 1.6: The Boar~ of Directors deten~ines that all the land hereinafter desu~ibed shall be included in the designated impzuvem~_nt districts; that the procccd~gs had for the annexation and inclusion herein and above referred to were genuine and sufficient and in all respects oa~31ied with the Water Code of the State of California commencing at Section 32550. Section 1.7: That the land herein described is within the boundaries of the San Marcos Oounty Water District and said lands are not a part of an improvement district constituted for a purpose similar to the purpose of Imp;-uvement Districts 1, 2 & 6 of the San Marcos Cc~ Water District. Section 1.8 All of the owners of the land within the territory to be annexed have given their written consent to such annexation and the Board is thereby authorized to order the annexation by resolution without notice and hearing by the Board and without an election. Resolution No. 842 Section 2: The Board of Directors of the San Marcos Oounty Water District does hereby order the annexation of all of the lands hereinafter described to Improvement Districts 1, 2 & 6 of the San Marcos County Water District pursuant to this resolution and the procccdings above referred to, which description contained in Exhibit "A" attached hereto and made a part hereof, is sufficient to identify the land. SECTION 3: ~he conditions of said annexation to Imp;-ovement Districts 1, 2 & 6 of the San Mmrco~ Oounty Water District are as follows: Section 3.1: Payment by the petitioners of the sum of ($2,653.47) per acre or fraction thereof for annexation into Improvement Districts 1, 2 & 6 (together not individually) for the use or right of use of the existing property in the Improvement Districts. Sectio~ 3.2: Payment by the petitioners of the sum of ($5,130.11) to cover costs of annexation, which include attorney's fee~, publication , filing f~ and miscellaneous costs of annexation. Section 3.3: ~ la~ ~ to an improvement district shall be subject to existing bond issues and ~ of the improvement district final and after the filing with the San Diego County Assessor of a certified copy of this resolution as set forth in Section 23553 of the Water code of the State of California. S~CTI~N 4: This resolution shall become effective immediately upon its final passage; this resolution being adq~d pui~.,nnt to Section 32552 of the Water Code of the State of California. Tb~ resolution being adopted without notice and hearing and without an election being conducted in said territory, all in accordance with Section 32552 of the Water Code of the State of California. The Secretary of this District sbm]l cc~ply with the pi-uvisions of the Water Code, Section 32553, and shall file a certified copy of this resolution together with a map of the territory thus annexed with the San Diego County Assessor and the San Diego Oounty Tax ~ollector and with the State Board of Equalization. -2- PASSED, APPROVED AND ADOFI~D by the Board of Directors of the San Marcos County Water District at a regular meeting held on this (17TH DAY OF APRIL 1989) by the following roll call vote: Stanley A..Mahr President' ~ Board of D~rs San Marcos Cdunty Water District lam W. ~_?-~-r, Secretary Board of Directors San Marcc~___ Co~tf Water District -3- LEGAL DESCRIPTION (SWEET) PARCEL 45 OF SURVEY MAP ND. 4009, FIT~ IN THE OFF/(i~ OF THE (I]t~fY R~OORDER OF SAID SAN DI]~X~O ~, S~ 5, 1956 ~EING A PORi~ON OF THE NORI~ ONE-HAIF OF THE S(L'I~4W~T QUARTER AND THE ~ ~ OF THE ~ QtrA~FER OF SECTION 20, T~WNSHIP 12 SOUTH, PANGE 1 WEST SAN RR~%~RDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DI]~O, STATE OF CAT,TFORNIA, ACCORDING TO UNITED STATES GO~ SURVEY APPROVED S]~,i~MBER 17, 1889. ~GINNIi~ AT THE NoK~Y ~ OF SAID PARCk~. 45; TH~CE S(I~UHF_Awr~<LY ~ THE ~£~<LY LTNE ~R~OF, SOUTH 49 48'57" EAST 175.99 ~'~l'; TH~CE NORI~{ 88 37'19" EAST 30.00 FEST TO A POINT IN THE ck"NTER LTNE OF THAT 60.00 I~[]OT EAS]~T FOR 1W3BLIC RIGHT OF WAY KNOWN AS VIA ~; TH~CE ALONG SAID CRNTER L~NE S(2b'l~ 01 22'40" EAST 190.00 FRET; TH~CE AT RIGHT ANGTR~ SOUTH 88 37'19" WEST 30.00 FRk~; ~d~CE IN A STRAIGHT L/NE NDi~TH 39 02'01" WEST 297.71 FFR? TO A POINT IN THE NORTHW]~-TERLY LINE OF SAID PARCk~. 45; TH~CE AIDNG SAID NOlql~HWEST PARCEL L/NE NORFH 33 51'27" EAST 87.00 FF~? TO THE POINT OF / ! / ! ! / / / / ! / 20' L= 257.61' SAN Date: 2-1-89 Seal,: NONE A. ~'. N.222- 060~27 MARCOS SWEET COUNTY WATER D;STRICT ~ ~y: P. C.