Reso 0837-02/1989 RESOLUTION NO. 837
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SAN MARCOS COUNTY WATER DISTRICT ORDERING
THE ANNEXATION OF CERTAIN PROPERTY DESIGNATED
BALDWIN COMPANY ANNEXATION INTO SEWER IMPROVEMENT DISTRICTS
1, 2 & 6 OF THE SAN MARCOS COUNTY WATER DISTRICT
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:
Section 1.1: That the San Marcos County Water District owns,
operates, and maintains a sewage disposal system under and by virtue of
Improvement Districts 12 & 6 of the San Marcos County Water District.
Section 1.2: That the owners of the land described in this
resolution 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: That 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, en~ineering and attorney's fees.
Section 1.4: The inclusion of said land within the
designated improvement districts will be for the best interest of the
designated improvement district.
Section 1.5: The inclusion of said land within said
improvement districts will be for the best interest of the land, and the
owners thereof consent to the inclusion of said land in the designated
improvement districts of the San Marcos County Water District.
Section 1.6: The Board of Directors determines that all the
land hereinafter described shall be included in the designated improvement
districts; 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 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 County Water District and said lands are not a
part of an improvement district constituted for a purpose similar to the
purpose of Improvement Districts 1, 2 & 6 of the San Marcos County 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..
Page 2
SECTION 2: The Board of Directors of the San Marcos County
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 proceedings above
referred to, which description contained in Exhibit "A" attached hereto and
made a part hereof, is sufficient to identify the land.
SECTION 3: The conditions of said annexation to Improvement
Districts 1, 2 & 6 of the San Marcos County 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.
Section 3.2: Payment by the petitioners of the sum of
$460.00 to cover costs of annexation, which include attorney's fees,
publication , filing fees and miscellaneous costs of annexation.
Section 3.3: The lands annexed to an improvement district
shall be subject to existing bond issues and indebtedness of the improvement
district from 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.
SECTION 4: This resolution shall become effective immediately
upon its final passage; this resolution being adopted pursuant to Section
32552 of the Water Code of the State of California. This 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 shall comply with the
provisions 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 County Tax Collector and with the
State Board of Equalization.
Resolution No. 837
Page 3
PASSED, APPROVED AND ADOPTED by the Board of Directors of the San
Marcos County Water District at a regular meeting held on this 6th day of
February, 1989 by the following roll call vote:
AYES: DIRECTORS: Burton, Ferguson, Mason, Newport, Mahr
NOES: DIRECTORS:
ABSTAIN: DIRECTORS:
ABSENT: DIRECTORS:
~anley A. M , President
ATTEST:
William W. Rucker, Secretary
Board of Directors
San Marcos County Water District
-3-
AREA OF ANNEXATION TO SAN MARCOS COUNTY WATER DISTRICT
THAT PORTION OF LOT 6 OF SAN MARCOS TRACT NO. 302, MAP NO. 12213,
IN THE CITY OF SAN MARCOS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 6, SAID CORNER BEING _
A POINT ON A 1958.00 FOOT RADIUS CURVE' CONCAVE EASTERLY TO WHICH A
RADIAL LINE BEARS NORTH 77'20'14" WEST; THENCE ALONG THE EAST LINE
OF SAID LOT 6 AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 8'47'24" A DISTANCE OF 300.39 FEET TO THE NORTH
LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 3,
TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, ACCORDING
TO THE OFFICIAL PLAT THEREOF, SAID LINE BEING ALSO THE NORTH LINE
OF THE SAN MARCOS COUNTY WATER DISTRICT; THENCE ALONG SAID LINE
NORTH 88°45'33" WEST 255.63 FEET TO A POINT ON THE WEST LINE OF
SAID LOT 6; THENCE ALONG SAID WEST LINE NORTH 00'47'53" EAST 68.18
FEET TO THE BEGINNING OF A TANGENT 230.00 FOOT RADIUS CURVE CONCAVE
EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OR 10'20~24'' A DISTANCE OF 41.51 FEET; THENCE NORTH
11'08'17" EAST 138.21 FEET TO THE BEGINNING OF A TANGENT 15.00 FOOT
RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90'00'00" A DISTANCE
OF 23.56 FEET; THENCE ON A RADIAL LINE NORTH 11'08'17" EAST 60.00
FEET; THENCE SOUTH 78'51'43" EAST 158.81 FEET TO THE BEGINNING OF A
TANGENT 25.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 88'28'31" A DISTANCE OF 38.60 FEET; THENCE ON A RADIAL LINE
SOUTH 77°20'14" EAST 84.00 FEET TO THE POINT OF BEGINNING.
SAID PORTION CONTAINS 1.833 ACRES, MORE OR LESS.
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