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Reso 0813-06/1988RESOLUTION 813 RESOLUTON OF THE BOARD OF DIRECTORS OF SAN MARCOS COUNTY WATER DISTRICT ORDERING AMENDMENT OF THE DISTRICT'S SPHERE OF INFLUENCE AND THE ANNEXATION OF CERTAIN PROPERTY DESIGNATED ("Lyco Investments") INTO THE SAN MARCOS COUNTY WATER DISTRICT AND SEWER IMPROVEMENT DISTRICTS 1,2,6 & "A" WHEREAS, a petition for the annexation to the San F~uos 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 Formation Commission h~ e~amined the petition and determined that it is signed by the requisite number of signers, and has attached her certificate to the petition showing the results of her examination, as provided in Government Code Section 56150 thiough 56162, inclu~ive; and WHEREAS, the land described in said petition is the land hereinafter described in Emhibit "A" attached b~_reto, and the owners of the land have given their written cc~sent to said ara%exation; and WHEREAS, the owners of the land described in this Resolution have advanced to the San Ma~co~ ODunty Water District the costs of this annexation, including, but not limited to, advertising, engineering and attorney's fees; currently WHEREAS, the land described in E~h/bit "A" attached hereto is outside the District's Sphere of Influence as adopted June 3, 1985; WHEREAS, Section 54774.2 of the Go~e~.,~nt COde allows a local agency to request an amendment to the District's Sphere of Influence~ and WHEREAS, this Sphere of Influence amendment is necessary in order for the land described on Exhibit "A" attached hereto to be annexed to the San Maroos County Water District; and WHEREAS, the inclusion of said land will be for the best interest of the District; and ~REAS, the inclusion of the land will be for the best inte_~t of the land, and the owners thereof consent to the inclusion of said land in the District; and WH~AS, 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 cu~lied with the District Reorganization Act of 1965, beginning with Section 56000 of the Government Code of the State of California. No. 813 ~W, THEREFC~E, ~E IT RESOLVED BY THE BOARD OF D/i~I~3i~S OF THE SAN MARODS COt~ql~ ~ DISTRICT, as follows: Sectic~ 1: Order of annexation and amendment to Sphere of Influence. Sectic~ 1.1: The Board of Directors of the San Marooe County Water District does hereby order the annexation of all of the land described in the petition above referred to; Exhibit "A", attached hereto and incorporated herein, is the legal description of the land included within San Marcos COunty Water District pursuant to this Resolution and the procccdings above referred to, which said description is sufficient to identify this land. Section 1.2: ~nat pur~3aut to Section 54774.2 of the Government Code of the State of California, the San Marcos county Water District has made application to the Local Agency Formation Commission of the County of San Diego for an amendment to the District's Sphere of Influence to include the property described on Emhibit "A" attached hereto. Section 2: The conditions of said annexation are as follows: Section 2.1: The annexation is for sewer (only) service. Section 2.2: The aasu~otion of the territory of liability for pa~nt of a ~x~ti~te share of all ~rinci~al and interest which s~l become due on account of all outstanding sewer service bonds of the San Marcos County Water District and the levying 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 into the existing Imp~ Districts No. 1,2,6 and "A" of the San Marcos County Water District. Section 2.4: Palrme~t by petitioners of the sum of ($460.00) to cover costs of annexation, which include attorney's fees, publication, filing fees and misc~llaneous costs of annexation. Section 2.5: Payment by petitioners of the sum of ($240.00) per acres or fraction thereof for annexation into Improvement Districts No. 1, 2, 6,.and "A" (together, not individually) for the use or right of use of the existing property in the Impz-uvement District. Sectic~ 3: Th/s Resolution sb~ll bec=~e effective /mmed/ately u~on its fill passage. -2- Section 3.1: ~t~is resolution is adopted pur~nt to Section 56322 of the Gove~.~ent Code of the State of California and pur~3~nt to Resolution No. (E~87-44) of the Local Agency Formation C~,l~,~ssion A~opted (December 7, 1987) Section 3.2: ~nis resolution is adopted without notice or hearing and without an election being corn%/cted in said territory all in accordance with Section 56322 of the Govern.Lent Code of the State of California, and the resolution of t_he Local Agency Formation (l~,l,,~ssion as aforesaid. Section 4.' The Local Agency Formation Commission shall comply with the provisions of the Government Code Section 56450 thiuugh 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 the Local Agency Formation C~L=,.~ssion shall further c~ly with tb~ p;-ovisions of the Govel~-~fc Code Section 54900, et seq., by filing with the State Board of Ec~.,~l tzation 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 by the Board of Directors of the San Maroos COur~y Water District at a regttler meeting held o~ this (6th Day of June 1988) by tb~ following roll call vote: William W. ~ker, Secretary Board of Directoz-~ San Marooe Oounty Water District Mahr, Mason, Newport, Rutherford, Ferguson -3- DA87-44 'Lyco Investments Annexation' to San Marcos County Water District All that portion of Lot 2 and a portion of adjacent street in Block 106 of Rancho Los Vallecltos de San Marcos, in the County of San Diego, State of California, according to Map thereof No. 806, filed in the County Recorder's Office of San Diego County, December 21, 1885, lying within the following described boundaries: Beginning at the southeasterly corner of Parcel Map No. 883 filed in the County Recorder's Office July 5, 1972; Thence along the southerly boundary line of said Parcel Map North 67°56'I0" West a distance of 165.00 feet to the true point of beginning being the southeasterly corner of Parcel 2 of said Parcel Map; Thence continuing along said southerly boundary line North 67°56'10'' West a distance of 514.79 feet to the southwesterly corner of said Parcel Map; Thence, along the westerly line thereof North 22°10'10' East a distance of' 132.33 feet to the northwesterly corner of said Parcel Map; Thence continuing North 22°10'10" East a distance of 40.00 feet to the center line of La Mirada Drive (formerly Seventh Street) as shown on said Map No. 806; Thence along said center line South 67056'30" East to a point of Intersection with the prolongation of the northwesterly line of Parcel I of said Parcel Map, distant thereon North 22°08'10" East 40.00 feet from the northwesterly corner of said Parcel 1; 6. Thence South 22°08'10" West to the northwest corner of Parcel 1; Thence continuing South 22°08'10" West 132.38 feet to the true point of beginning. sc: iw 12/21/87 ~prov~d b~ th~ Local Apflc*/ -~-.. Commi~k~m of 8afl Dido DEC ? I987 EXHIBIT 'A" Page I of I 0 ~ ~RCOS -- RHO- LOS ~AP 6or° CIRCIT