Reso 0801-11/1987 SEE RESOLUTION 830
RESOLUTION NO. 801
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SAN MARCOS COUNTY WATER DISTRICT
ORDERING THE ANNEXATION OF CEREAIN PROPERTY
INTO THE SAN MARCOS COUNTY WATER DISTRICT
AND IMPROVEMENT DISTRICTS 5 & 6
(SOMMERS ANNEXATION)
WHEREAS, a petition 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
Commission be examined the petition and determined that it is signed by
the requisite number of signers, and b~ attached his certificate to the
petition showing the results of his examination, as pl-ovided in
Government Code Section 56150 and 56162, inclusive; and
WHEREAS, the land described in said petition is the land
hereinafter described in this resolution, and the owner of the land has
given his written consent to said annexation; and
WHEREAS, the owner of the land described in this resolution
has advanced to the Secretary of the San Marcos County Water District the
costs of this annexation, including, but not limited to, advertising,
engineering and attorney's fees; 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 tha land, and the owner 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 procccdings 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.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE SAN MARCOS COUNTY WATER DISTRICT, as follows:
Section 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 Marcos County Water District pursuant to this resolution
and the proceedings above referred to, which said description is
sufficient to identify this land.
Resolution No. 801
Page 2
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 by the territory of liability
for payment of a proportionate sb~re of all principal and interest which
sahll beccme due on account of all outstanding water and sewer service
bonds of the San M~cos 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 to existing water
district and sewer Improvement Districts 5 & 6 of the San Marcos County
Water District.
Section 2.4 Payment by petitioner of the sum of $2,160.00
to cover the costs of annexation, which include attorney' s fees;
publication, filing fccs and miscellaneous costs of annexation.
Section 2.5 Payment by petitioner of the sum of $60.00 per
acre or fraction thereof for annexation of the territory into the San
Ma~cos County Water District for the use or right of use of the existing
property of the District.
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 Ibis resolution shall becca~ effective
immediately upon its fins] passage.
Section 3.1 This resolution is adopted pursuant to Section
56322 of the Gove~,-Lent Code of the State of California and pur~?~nt to
the resolution of the Local Agency Formation Commision adopted December
3, 1984.
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 Govei¥,,Lent Code of the State of
California, and the resolution of the Local Agnecy Formation Commission
as aforesaid.
Section 4 This resolution shall beccme effective
immediately upon adoption; it is adopted pur~,~nt to Section 56322 of the
Govei~,,Lent Code aar~ aforesaid resolution of the Local Agency Formation
C~u,.~ssion authorizing the initiation of procccdings without notice and
hearing and without an election.
Resolution No. 801
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: 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 Gove~feat Code of the State of
California, and the resolution of the Local Agency Formation Cka~..~,~ssion as
aforesaid.
Section 4: The Local Agency Formation C~.~dssion shall comply
with the provisions of the Gove~x-~.nt 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 R~-~olution and certificates
stating that this resolution is effective. The Secretary of the local Agency
Formation Ckammission shall further c~ly with the provisiors of the
Government Code Section 54900, et seq., by filing with the State Board of
Ec~l ization 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 2nd day of November, 1987 by the following
roll call vote:
AYES: Directors: Mason, Rutherford, Mahr, Ferguson
NOES: Directors:
ABSTAIN: Directors:
~R~lqT: Directors: Newport
San Marcos County Water District
A~'~'~:
William W. Rucker, Secretary
Board of Directors
San M~cos County Water District
LEGAL DESCRIPTION
PARCEL B
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;
1. Thence along the northeasterly and northerly line of said
Block, South 54°47'00'' East 827.52 feet to an angle point
and South 84°23'00" East 1224.71 feet;
2. Thence South 43°55'00'' West 709.62 feet to the beginning
of a tangent 175.00 foot radius curve concave easterly;
3. Thence southerly along said curve 131.39 feet through an
angle of 43°01'00";
4. Thence tangent to said curve South 0°54'00'' West 51.00
feet to the northeasterly line of the parcel of land
described in deed to Harold A. Finney and wife, recorded
March 18, 1939, as file/page No. 12085 in Book 885, page
131 of Official Records;
5. Thence along the northeasterly line of said Finney land
South 55°00'00" 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;
6. Thence along said center line South 0°54'00'' 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.
7. Thence continuing along said center line South 0°54'00''
West 228.71 feet to the most southerly corner of that
parcel of land described in deed to James R. Rawlins,
recorded August 12, 1955, as file/page No. 89223, in Book
5711, page 308, of Official Records;
8. Thence continuing South 0~54'00'' West 72.46 feet to the
true point of beginning;
9. Thence retracing North 0°54'00'' East 24.15 feet;
10. Thence North 55°00'00'' West 560.00 feet;
11. Thence North 0°54'00" East 401.26 feet to the
northeasterly line of said Finney land;
12. Thence along said northeasterly line North 54°59,37'' West
23.08 feet to the northwesterly line of said Finney land;
13. Thence South 35°01'00" West along said northwesterly line
352.26 feet to a line which bears North 55°00'00'' West
from the true point of beginning;
14. Thence South 55°00'00'' East 821.48 feet to the true point
of beginning.
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L
SITE
VICINITY. MAP
NO SCA~E
SAN MARCOS COUNTY WATER DISTRICT
Dole: 10-6-E~7 ANNEXATION OF WATER Et Drown By: PAUL C.
Scole; NONE IMPROVEMENT DISTRICT 58= 6 Dec. No.
',. P. N. 226-310-16SOMMERS Revised: