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Reso 0808-03/1988RESOLUTION ND. 808 RESOLUTON OF THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT ORDERING THE ANNEXATION OF THE DISTRICT'S SPHERE OF INFLUENCE AND THE ANNEXATION OF CERTAIN PROPERY DESIGNATED "BRUCE CORNELL" INTO THE SAN MARCOS COUNTY WATER DISTRICT AND SEWER IMPROVEMENT DISTRICTS 1,2,6 & "A" An application for the annexation to the San Marcos 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 Cc~mission btam examined the petition and determined that it is signed by the requisite number of signers, and baa attached her certificate to the petition showing the results of her examination, as provided in Government Code Section 56150 through 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 WB~a~EAS, the owners of the land described in this Resolution have advanced to the San Mmrcos County Water District the costs of this annexation, including, but not limited to, advertising, engineering and attorney's fees; currently and WHEREAS, the land described in E~hibit "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 E~hibit "A" attached hereto to be at,hexed to the San Marcos Oounty Water District; and WHEREAS, the inclusion of said land will be for the best interest of the District; and WHEREAS, the inclusion of tb~ land will be for the best interest of the land, and the owners thereof consent 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 c~lied with the District Reorganization ~t of 1965, beginning with Section 56000 of the Government Code of the State of California. Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIREC/ORS 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 lec3al description of the land included within San Marcos county Water district pur~ant 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 described on Exhibit "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 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 sewer service bonds of the San F~rcos County Water District and the levying and collection of taxes in the territory necessary to provide for such payment; specifically excluding liability for Section 2.3: Annexation of the territory to existing Improvement Districts No. 1,2,6 and "A" of the San Marcos County Water District. Section 2.4: Payment by 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 2.5: Payment by petitioners of the sum of $679.03 per acres or fraction thereof for annexation of the territory into the District for the use or right of use of the existing property of the District. Section 2.6: Payment by petitioners of the sum of $2,884.84 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 Improvement District. Section 3: This Resolution shall become effective immediately upon its final passage. Resolution No. 808 Page 3 Section 3.1: This resolution is 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. Section 3.2: Tb~m resolution is adopted without notice or hearing and without an election being ~ in said territory all in accordance with Section 56322 of tb~ Govez-~.~nt Code of the State of California, and the resolution of the Local Agency Formation O~m,,{ssion as aforesaid. Section 4: The Local Agency Formation C~.,,~ssion shall comply with the provisions of the Govel~.L~-nt Code Section 56450 through Section 56457, and mb~] 1 file with the Secretary of State and with tb~ County Recorder of San Diego OOUnty, certified copies of t_his Resolution and certificates stating that t_his resolution is effective. The Secretary of the Local ~ency Formation C~,,,~ission shall further comply with the provisions of the Govez~m~nt Code Section 54900, et seq., by filing with the State Board of Equalization and with the Oounty Assessor of San Diego County statements of c~e of boundary together with a map or plat of tb~ area to be assessed. PASSED AND AEOPI1ED this 7th day of March, 1988 by the following roll call vote: AYES: Directors: NOES: Directors: ABSTAIN: Directors: ABSENT: Directors: Mahr, Newport, Rutherford, Ferguson Mason E: Feb~tsdn,- ~-sident Directors San Marcos County Water District William W. Rucker, Secretary Board of Directors San Mmrcos County Water District DA87-42 "Bruce Cornell Annexation" to San Marcos County Water District Ail that portion of Lot 2, Block 106 of Rancho Los Vallecitos de San Mareos in the County of San Diego, State of California, according to Map thereof No. 806 filed in the Office of the County Recorder of San Diego County, December 21, 1895, lying within the following described boundaries: Beginning at the most northeasterly corner of said Lot 2, thence along the easterly line thereof South 22009'40" West 397.45 feet to a point distant thereon North 22009'40" East 132.50 feet, measured at right angles from the southwesterly line of said Lot 2; Thence along said parallel line North 67o55'45" West 330.00 feet to the true point of beginning; Thence continuing North 67055'45" West along said line to a point of intersection with the westerly line of said Lot 2; Thence along said westerly line South 22°10'10" West 132.50 feet to thc most southwesterly corner of said Lot 2; Thence along the southwesterly line of said Lot 2 South 67055'45" East to a point distant thereon North 67°55'45" West 330.00 feet, measured at right angles from the easterly line of said Lot 2, thence along a line parallel to said easterly line, northeasterly to the true point of beginning. sc:iw 12/21/87 LAFCO Approved b~ th~ Local A~enc~ C. ornmL~eion of Sa~ Diego 0EC ? 1987 EXHIBIT "A" Page I of I '.-4 o 10-,14-8'7 ~4o ~CA LE 670 r.R.A. PAGE :)RAWN Be MAPPING DIVISION SAN DIEGo COUNTY ASSESSOR'S OFFIC[ BP..uc.E CoR. N, EL, L A~I. IqEY,/~T'r. oM 'TO ~A~,I ~AAECO~ cou~,iT'f WA'rE R- IA'ST, &/'~. ,.o/s'r.-s. I, 2, G & A LAFCO: /~REA: 1.o7 Ac.. THOMAS BRO$: IS-F~