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Reso 0830-11/1988RESOLUTION NO. 830 RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT ORDERING THE AMENDMENT OF THE DISTRICTS SPHERE OF INFLUENCE AND THE ANNEXATION OF CERTAIN PROPERTY DESIGNATED (SOMMERS REORGANIZATION) INTO THE SAN MARCOS COUNTY WATER DISTRICT AND SEWER IMPROVEMENT DISTRICIS 5 AND 6 WHEREAS, a petition for the annexation to the 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 hsm 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 owners of the land described in this resolution have advanced to the San Marcos County Water District the oosts of this annexation, including, but not limited to, advertising, engineering and attorney's fees; WHEREAS, 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 WHEREAS, this Sphere of Influence amendment is necessary in order for the land described on Emhibit "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; WHEREAS, the inclusion of said land will be for the best interest of the land, and the owners thereof omments 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 complied with the District Reorganization Act of 1965, beginning with Section 56000 of the Government Code of the State of California. No. 830 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 the San Marcos 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 M~oos Ccunt~. Water District ba.~ made application to the Local Agency Formation C~,.,dssion 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 territory described as Parcel A in Exhibit A attached hereto (the "Sommers" property) is hereby annexed to the San Marcos County Water District and detached from the Vista Irrigation and Bueno Colorado Municipal Water Districts, subject to the following conditions: (a) The annexation is for water and sewer service; (b) The territory shall be annexed into Improvement Districts No. 5 and 6; Section 2.2 The territory described as Parcel B in Exhibit A attached hereto (the "Massie" property) is hereby annexed to the San Maroos County Water District and detached from the Bueno Colorado Municipal Water District, subject to the following conditions: (a) The annexation is for sewer only service; (b) The territory shall be annexed into Improvement Districts No. 5, 6, and A; Section 2.3 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 2.4 Payment by the petitioner of the sum of ($2,860.00) to cover the costs of annexation, which include attorney's fees; publication, filing fees and miscellaneous costs of annexation. Section 2.5 Payment Dy the petitioner of the s~m of. ($60.00) per acre or fraction thereof for annexation of the territory into the San Marcos County Water District for the use or right of use of the existing property of the District. RESOLUTION NO. 830 Page 3 Section 2.6 Payment by the petitioner of the sum of ($60.00) per acre or fraction thereof for annexation into Improvement Districts 5 & 6 (together not individually) for the use or right of use of the existing property in the Improvement Districts. Section 3 its final passage. this resolution shall become effective immediately Section 3.1 This resolution is adopted pursuant to Section 56322 of the Government Code of the State of California and pursuant to Resolution No. (RO87-2) of the Local Agency Formation Commission adopted (September 14, 1987) 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 IDcal Agency Formation C~m,~ssion as aforesaid. Section 4 The Local Agency Formation Commission shall comply with the provisions of the Goverment Code Section 56450 through 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 Commission shall further comply with the provisions of the Government Code Section 54900, et seq., by filing with the State Board of Equalization and with the County Assessor of San Diego Oounty 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 7th day of November by the following roll call vote: AYES: Mahr, Mason, Newport, Rutherford, Ferguson NOES: Will~mm W. ~U~-k-~, Secre~m~y Board of Directors San M~cos Oounty Water District RO87-2 "Sommers Reorganization' (San Marcos County Water District) PARCEL A All that portion of Lots 5 and 6 and a portion of adjacent street in Block 12 of Rancho Los Vallecitos 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, on December 21, 1895, lying within the following described boundaries: Beginning at the most northerly corner of Lot 3, in said Block 12; Thence South 55°00'00' East 658.00 feet, more or less, to the most westerly corner of land conveyed to Harold A. Finney and wife, by deed recorded March lg, 1939, in Book 885, Page 131 of Official Records; Thence along the northwesterly line of said Finney land, North 35001'00" East 546.00 feet to the most northerly corner thereof, said point being also the most westerly corner of land conveyed to Gladys S. Miller, by deed recorded April 8, 1941, in Book 1165, Page 185 of Official Records; Thence along the northwesterly line of said Miller land, and the northeasterly prolongation thereof, North 35o01'33" East to a point on the center line of the road between Blocks 12 and 13, El Norte Parkway, (formerly Borden Road), as shown on said Map No. 806, also being a point in the existing boundary of the San lvlarcos County Water District; Thence westerly along said center line to a line that hears North 35015'00- East from the point of beginning; Thence leaving said center line South 35015'00" West to the' point of beginning. PARCEL B t All that portion of Lots 6, 7, and 9 in Block 12 of Rancho Los Vallecitos de San Marcos, in the County of San Diego, State of California, according to the Map thereof No. 806, filed in the Office of the County Recorder of said County, December 21, 1895, described as follows: Beginning at the most northerly corner of said Block 12; Thence along the northeasterly and northerly line of said Block, South 54°47''East 827.52 feet to an angle point and South 84°23' East 1224.71 feet; Thence South 43°55' West 709.62 feet to the beginning of a tangent 175.00 foot radius curve concave easterly; EXHIBIT "A' ~ ~l ~,~ ~ Page ! of 2 SEP 14 1981 I!. 12. 13. 14. Thence southerly along said curve 131.39 feet through an angle of 43°01'; Thence tangent to said curve South 0054. West 51.00 feet to the northeasterly line of the parcel of land described in deed to Harold A. Finney and wife, record'ed March 18, 1939, as file/page No. 12085 in Book 885, page 131 of Official Records; Thence along the northeasterly line of said Finney land South 55o00, East 29.30 feet to the center line of the County Road (Nordahl Road) 50.00 feet- wide, known as Road Survey No. 475, as described in deed to the County of San Diego, recorded February 17, 1931, as file/page No. 13169 in Book 1873, page 29 of Deeds; Thence along said center line South 0054, West 124.16 feet to the most southerly corner of that parcel of land described in deed to Clinton F. Jones and wife, recorded October 21, 1953, as file/page No. 142934 in Book 5022, page 397 of Official Records; Thence continuing along said center line South 0054, West 228.71 feet to the most southerly corner of that parcel of land described in deed to Sames R. Rawiins, recorded August 12, 1955, as file/page No. 89223, in Book 5711, page 308, of Official Records; Thence continuing South 0054, West 72.46 feet to the true point of beginning; Thence retracing North 0054, East 24.15 feet; Thence North 55°00' West 560.00 feet; Thence North 0054, East 401.26 feet to the northeasterly line of said Finney land; Thence along said northeasterly line North 54°5'9'37' West 23.08 feet to the northwesterly line of said Finney land; Thence,South 35001, West sion8 said northwesterly line 352.26 feet to a line which bears North 55°00' West from the true point of beginning; Thence South 55000, East 821.48 feet to the true point of beginning. sc:iw 9/28/87 LAFCO EXHIBIT "A' Page 2 of 2 SEP ! 4 / RHO. LOS VALL[cITOS / BLK ~2 -% ~R. 6 EL NORTE PKWY. POR, '; SEP 14 Ig87 RHO. LOS ;,,/ALLF_CITO.S MAP 806 ' MAPPING DIVISION DE SAN MARCOS RoST-2.