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Reso 0800-11/1987SEE RESOLUTION 830 RESOLUTION NO. 80O RESOLUTON OF THE BOARD OF DIRECTORS OF THE SAN MARC0S COUNTY WATER DISTRICT ORDERING THE AMENDMENT OF THE DISTRICT'S SPHERE OF INFLUENCE ANNEXATION INTO THE SAN MARCOS COUNTY WATER DISTRICT AND THE ANNEXATION OF CERTAIN PROPERTY INTO IMPROVEMENT DISTRICTS 5, 6, & "A" (MASSIE ANNEXATION) WHEREAS, a petition for the annexation to the San M~cos County Water District was filed with tb~ Executive officer of tb~ Local Agency Formation Commission of the County of San Diego; and WHEREAS, the Executive Officer of tb~ Local ~ency Formation C~m,dssion b~ examined the petition and determined that it is signed by the requisite number of signers, and b~ 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 WHEREAS, the owners of the land described in this Resolution b~ve advanced to the San Marcos County Water District the costs 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 Exhibit "A" attached hereto to be annexed to the San M~cos County Water District; and Wh~a~EAS, the inclusion of said land will be for the best interest of the District; and WHEREAS, the inclusion of the 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 determ~ that all of the land described in said petition and hereinafter described shall be includ__~d in the District; that the proceedings bad for tb~ 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 Govei~,,~nt Code of the State of California. Resolution No. 800 Page 2 NOW, THEFORE, BE IT RESOLVED BY THE BOARD OF DIRECIDRS OF THE SAN MARCOS COUNTY WATER DISTRICT, as follows: Sectic~ 1: Order of annexation and amendment to Sphere of Influence. Section 1.1: The Board of Directors of the Sa~ Marcos County Wate~ 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 San M~rcos county Water district pur~,~nt 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 Govel~.,~_nt Code of the State of California, the San M~wcos county Water District b~.~ made application to the Local Agency Formation C~u~.~ssion 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 sbawe 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 Section 2.3: Annexation of the territory to existing Improvement Districts No. 5, 6 and "A" of the San F~wcos County Water District. Section 2.4: Payment by petitioners of the sum of $700.00 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. 5, 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. 800 Page 3 By certified copy of this resolution, the Executive the Local Agency Formation Commission is requested proceedings and make the necessary filings required by law. PASSED AND ADOPTED by the Board of Directors of the County Water District at a regular meeting held November, 1987, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Mason, Rutherford, Mahr, Ferguson Newport Officer of to c~,~lete San /~arcos on this 2nd day of Berneita I(. l~ut:b.'er~grz~t,- ~ide~t Board of Directors ~ San Marcos County Water District William W. Rucker, Secretary Board of Directors San Marcos County Water District LEGAL DESCRIPTION PARCEL A Ail 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 18, 1939, in Book 885, Page 131 of Official Records; Thence along the northwesterly line of said Finney land, North 35°01'00'' 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 188 of Official Records; Thence along the northwesterly line of said Miller land, and the northeasterly prolongation thereof, North 35°01'33'' East to a point on the center line of the road between Blocks 12 and 13, E1 Norte Parkway, (formerly Borden Road), as shown on said Map No. 806, also being a point in the existing boundary of the San Marcos County Water District; Thence westerly along said center line to a line that bears North 35°15'00'' East from the point of beginning; Thence leaving said center line South 35°15'00'' West to the point of beginning. BLK. 12 POR. 6 LOT 7 VICINITY MAP NO SCALE SAN MARCOS COUNTY WATER DISTRICT Dote: 10-6-87. ANNEXATION OF WATER 8s Drown ay: PAUL C. scale:~ :c I.D. 5,6 8s A Doc. No. A. P. N. ~__ ,_ ,5-320-07 MASSIE Revised: