Reso 0783-04/1987RESOLUTION NO. 783
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 PROPERTY INTO THE
SAN MARCOS COUNTY WATER DISTRICT AND IMPROVEMENT
DISTRICTS 1, 2, 6 AND "A" FOR SEWER SERVICE
(HALSEY ANNEXATION)
WH~, a petition for the annexation .to the
Water District was filed with thru Executive Officer of
Formation Commission of the County of San Diego; and
San Marcos County
thru Local Agency
WH~, the Executive Officer of the Local Agency Formation
Commission has examined the petition and determined that it is signed by the
requisite ~her of signers, and has attached her certificate to thru petition
showing thru results of~ner examination, as provided in Government Code Section
56150 through 56162, inclusive; and
WH~, the land described in said petition is the land hereimmfter
described in Exhibit "A" attached hereto, and the owners of th~ land have
given their written consent to said annexation; and
WHEREA~, th~ owners of the land described in this Rmsolution have
advanced to the San Marcos County Water District the costs of this annexation,
including, but not limlted to, advertising, engineering and attorney's fees;
WH~ItEAB, th~ land described in Exhibit "~' attached hereto is
currently outside the District's Sphere of Influence as adopted June 3, 1985;
WH~tF~S, Section 54774.2 of the Government Code allows a local
Agency to request an amendment to the District's Sphere of Influence; and
WHMtEA~, this Sphere of Influence amendment is necessary in order
for the land described on Exhibit "~' attached hereto to be annexed to the San
Marcos County Water District; and
the District; and
the land, and the
District; and
the inclusion of said land will be for the best interest of
th~ inclusion of the land will be for the best interest of
owners thereof consent to the inclusion of said land in the
WH~ItEAS, 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 ~t of 1965, beginning with Section 56000 of
thru Government Code of the State of California.
Resolution No. 783
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; Exhibit "~', attached hereto and
incorporated herein, is the legal description of the land included within San
Marcos county Water district puts, rant to this Resolution and the proceedings
above referred to, which said description is sufficient to identify this lar~.
Section 1.2: That purs--nt to Section 54774.2 of the
GoverL~aent Code of the State of California, the San Marcos county Water
District has m~de application to the Local Agency. Formation Comm{ssion of the
County of San Diego for an amendment to the Distrzct'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: /he annexation is for sewer (not water) 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:
Districts No.
Annexation of the territory to existing
1, 2, 6 and "~' of the San Marcos County Water
Section 2.4: Payment by petitioners of the sum of $580.00 to
cover costs of annexation, which include attorney's fees, publication, filing
fees and miscellaneous costs of armexation.
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 theuse or right of use of the existingproperty 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. 783
Page 3
Section 3.1: This resolution is adopted pursuant to Section
56322 of the Government Code of the State of California and puts,ant 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 Agency Formation Commission shall comply
with the provisions of the Government Code Section 56450 through Section
56457, and shall file with the Secretary of State and with thru County Recorder
of San Diego COthty, c.e.rtified copies of this Resolution and certificates
stating that this resolution is effective. The Secretary of th~ local Agency
Formation Commission shall further comply with the provisions of the
GoverL~ent Code Section 54900, et seq., by filing with tha State Board of
Equalization and with tha County ~sessor of San Diego County statements of
change of boundary together with a ~ or plat of the area to be assessed.
PASSED AND ADOPTED this 6th day of April, 1987 by the following roll
call vote:
AYES: Directors:
NOES: Directors:
ABSTAIN: Directors:
ABSENT: Directors:
Mason, Newport, Ferguson, Mahr, Rutherford
None
None
None
Berneita K. Rutherford,~President
Board of Directors
San Marcos County Water District
William W. Rucker, Secretary
Board of Directors
San Marcos County Water District
Resolution No, 783
LEGAL DESCRIPTION
All that portion of Lot 1 and a portion of adjacent streets in
Block 109 of Rancho Los Vallecitos De San Marcos, in the County of
San Diego, State of California according to Map No. 806, filed in
the Office of the County Recorder of San Diego County, December
21, 1885, lying within the following described boundaries:
Beginning at the point of intersection of the center line of (F
Street) now known as Las Flores Drive (80 feet wide) with the
center line of (7th Street) now known as La Mirada Drive (80 feet
wide) as shown on said Map;
Thencesoutheasterlyalong the center line of saidLaMirada
Drive to a point of intersection with the Northeasterly
prolongation of Southeasterly line of the Northwesterly
164.38 feet of said lot 1;
Thence leaving said center line Southwesterly along said
prolongation and said Southeasterly line of the Northwesterly
164.38 feet to a point distant thereon, 397.50 feet
Northeasterly from the Southwesterly line of said lot 1;
Thmnce Northwesterly along a line parallel with the canter
line of La Mirada Drive to a point of intersection with the
center line of said Las Flores Drive;
4. Thence Northeasterly along said center line to the point of
eginning.
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