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Reso 0811-06/1988RESOLUTION 811 RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN MAROOS COUNTY WATER DISTRICT ORDERING THE AMENDMENT OF THE DISTRICTS SPHERE OF INFLUENCE AND THE ANNEXATION OF CERTAIN PROPERTY DESIGATED (SWIFT REORGANITON) INTO THE SAN MARCOS COUNTY WATER DISTRICT AND SEWER IMPROVEMENT DISTRICTS 1, 2, AND 6 WHEREAS, a petition for the annexation to the San Mmrcos 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 has examined 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 and 56162, inclusive; and WHEREAS, the land described in said petition is the land hereinafter described in Exhibit "A" attached hereto, and the owners of the land have given their written consent to said annexation; and WHEREAS, the owner of the land described in this resolution have advanced to the San Marcos County 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~b]bit "A" attached hereto is outside the District's Sphere of Influence as adopted June 3, 1985; WHEREAS, Section 54774.2 of the government 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 Marcos County Water District; 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 owners 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 cup,plied with the District Reorganization Act of 1965, beginning with Section 56000 of the Government Code of the State of California. Resolution No. 811 Page2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT, as follows: Section 1: Order of annexation and amendment to Sphere of Influence. Section 1.1: 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 hereto and incorporated herein, is the legal description of the land included within the San Msrcos County Water District pursuant to this resolution and the proceedings above referred to, which said description is sufficient to identify this land. Section 1.2: That pursuant 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 descibed on Exhibit "A" attached hereto. Section 2. The conditions of said annexation are as follows: Section 2.1 The annexation is for water and sewer service. Section 2.2 The assumption of the territory of liability for payment of a proportionate share of all principal and interest which shall become due on account of all outstanding water and 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. Section 2.3 Annexation of the territory into the existing San Marcos County Water District and Sewer Improvement Districts 1,2 & 6. Section 2.4 Payment by petitioner of the sum of ($460.00) to cover the costs of annexation, which include attorney's fees; publication, filing fees and miscellaneous costs of annexation. Section 2.5 Payment by petitioner of the sum of ($696.92) per acre or fraction thereof for annexation of the territory into the San Narcos County Water District for the use or right of use of the existing property of the District. Section2.6 Payment by the petitioner 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 existingpropertyinthe lmprovement Districts. Section 2.7 Concurrent detachment from Vista Irrigation District and Bueno Colorado Municipal Water District. -2- Resolution No. 811 Section 3 This resolution shall become effective immediately upon its final passage. Sectic~ 3.1 This resolution is adopted pursuant to Section 56322 of the Gove~,,,e~t Oode of the State of Califor~ia and pur~,ant to P~-~olution No. (~088-2) of the Local Agency Formation O~u,,~ssion adopted (May 2nd 1988) Section 3.2 This resolution is adopted without notice or hearing and without an election being conducted in said territory all in accor~mnce with Section 56322 of the Govelb',t~nt Code of the State of California, and the resolution of the Local Agency Formation C~,,,,~ssion as aforesaid. Section 4 The Local Agency Formation C%~,u,,~ssion sbmll c~,~ly with the provisions of the Gove~.,~rfc COde Section 56450 th~-ough Section 56457, and shall file with the Secretary of State and with the County Recorder of San Diego Oounty, certified copies of this Resolution and certificates stating that this resolution is effective. The Secretary of the Local Agency Formation C~,,,~ssion shall further ~omply with the p~-.visions of the Goveh-,ent 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 by the Board of Directors of the San Marcos County Water District at a regular meeting held on this (6th Day of June 1988) by the following roll call vute: Mahr, Mason, Newport, Rutherford, Ferguson san Maroos County Water District William W. Rucker, Sec~tary Boaz~ of Directors San F~oe Oounty Water District -3- RO88-2 "Swift Reorganization' (San Marcos County Water District) All that portion of thc southerly half of Lot 4 in Block 108 of Rancho Los Vallecitos dc San Marcos, in the County of San Diego, State of California, according to Map thereof No. 806 filed in the Office of thc County Recorder of San Diego County, December 21, 1895, more particularly described as follows: Beginning at the southeast corner of said Lot 4; 1. Thence along thc easterly boundary line of said Lot 4, North 22°09'03' East, a distance of 264.89 feet to the northeast corner of said south half of Lot 4; Thence along the northerly line of said south half, North 67°55'19" West to Line "A" drawn parallel with and 191.00 feet westerly at right angles from said easterly line of said Lot 4; Thence southwesterly along said line to a linc drawn parallel with and 110.00 feet northerly at right angles from the southerly line of said Lot 4; 4. Thence easterly along said parallel line to a line drawn parallel with and 110.0 fcct easterly of the southerly prolongation of said Line 5. Thence southerly along said parallel ling t~ a point in the southerly line of said Lot 4; 6. Thence easterly along the southerly boundary line of said Lot 4 to the point of beginning. sc:iw 5/11/8s LAFCO EXHIBIT "A" Page I of I 19 2O 'LAS :-.. FIRST.: T.R.A. PAGE. MAP 806 -RHO LOS VALLEC1TOS DE SAN MARCOS ~.- -,Zing' ;,, MAPPING DIVISION SAN DIEGO COUNTY ASSESSOI::tS O~:FI.CE ~B/L: 219 -390-50 THOMA,~ BI:lOS: 15-F&:,