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Reso 0807-03/1988RESOLUTION NO. 807 RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT ORDERING THE AMENDMENT OF THE DISTRICT'S SPHERE OF INFLUENCE AND THE ANNEXATION OF CERTAIN PROPERIY DESIGNATED "MARTIN/LUCAS" 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 C~.~dssion barn emmnined 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 Gove~.,ent Code Section 56150 through 56162, inclusive; and WhiFfs%S, tb~ 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 owners 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; WB~ad~AS, the land described in Exhibit "A" attached hereto is currently 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 ~4EREAS, this Sphere of Influence amendment is necessary in order for the land described on Exhibit "A" attached hereto to be annexed to the San M~cos County 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 P~organization Act of 1965, beginning with Section 56000 of the Gove~.~nt Code of the State of California. Resolution No. 807 Page 2 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; Emhibit "A", attached hereto and incorporated herein, is the legal description of the land included within San M~cos 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 pur~ant to Section 54774.2 of the Government Code of the State of California, the San Marcos county Water District h8~ 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 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. Improvement District. Section 2.3: Annexation of the territory to existing Districts No. 1,2,6 and "A" of the San Marcos County Water 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 $60.00 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 $60.00 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 Improvement District. Section 3: This Resolution shall become effective immediately upon its final passage. Resolution No. 807 Page 3 Section 3.1: This resolution is adopted pursuant to Section 56322 of the Government Code of the Stats of California and pursuant to the resolution of the Local Agency Formation Commission. Section 3.2: This resolution is adopted without notice or hearing and without an election being conducted in said territory all in accordance with Section 56322 of the Government Code of the State of California, and the resolution of the Local Agency Formation Commission as aforesaid. Section 4: The Local B~ency Formation Commission shall c~,~ly with the provisions of the Gove~.~nt Code Section 56450 through Section 56457, and sb~ll file with the Secretary of Stats 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 th~ Local B~ency Formation C~,..~,~ssion shall further c~ly with the provisions of the Gove~l,,~nt Code Section 54900, et seq., by filing with the Stats 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 this 7th day of March, 1988 by the foll~ing roll call vote: AYES: Directors: NOES: Directors: ABSTAIN: Directors: ABSENT: Directors: Mahr, Rutherford, Ferguson Mason, Newport ~/~j~ San Marcos County Water District William W. Ruckm~, Secretary Board of Directors san M~rcos county water District DA87-37 'Martin/Lucas Annexation" to San Marcos County Water District All that portion of Lots I and 4, Block 109 and adjacent street in Rancho Los Valleeitos de San Marcos 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: PARCEL 1 Beginning at the most northwesterly corner of said Lot 1; 1. Thence northwesterly along the prolongation of the northerly line of said Lot 1, a distance of 40.00 feet to the center line of Las Flores Drive, shown as F Street on said Map 806; 2. Thence South 22009'40" West along the center line of Las Flores Drive, a distance of 397.45 feet to the true point of beginning; 3. Thence South 67o55'00" East 205.00 feet; 4. Thence South 22009'40" West 132.50 feet to a point in the southwesterly line of said Lot 1; 5. Thence along said southwesterly line and the prolongation thereof, North 67°55'00" West 205.00 feet to the center line of said Las Flores Drive; 6. Thence North 22°09'40" East 132.50 feet to the true point of beginning. PARCEL 2 Beginning at the most northwesterly corner of said Lot 4; 1. Thence northwesterly along the prolongation of the northerly line of said Lot 4, a distance of 40.00 feet to the center line of Las Flores Drive, shown as "F" Street on said Map 806; 2. Thence South 22°09'40' West along the center line of Las Flores Drive, a distance of 30.00 feet to the true point of beginning; 3. Thence South 67055'00" East, 205.00 feet; 4. Thence South 22009'40" West, 102.50 feet; 5. Thence North 67055'00" West, 205.00 feet to the center line of said Las Flores Drive; 6. Thence North 22o09'40" East 102.50 feet to the true point of beginning. Kolxoved by the Lo~! A~t~'y Form~tm sc: iw C~.~mmm M Mn Dido 12/21/87 EXHIBIT "A" Page ] or ] OEC 7 LA © 0.54AC 0.50 AC POR.(~I 0.50 AC CLSD. I I :..." .: :"i VIA DF' ANZA O BDY. PAM I P/~ ~.2 ~ 4.Bg_,AC CIT'~ (~) 4 ~.068 AC 0.85 AC 1.218 AC ° LINDA 0.85 AC VISTA T/O/t/" / LA ROS