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Reso 0747-01/1986RESOLUTION NO. 747 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 DETACHMENT OF CERTAIN PROPERTY FROM THE SAN MARCOS COUNTY WATER DISTRICT "MARTI HANKINS DETACHMENT" WHEREAS, a petition for the annexation to the San Marcos County Water District was filed with the Executive Officer of th~ Local Agency Formation Commission of tb~ County of San Diego; and WH~IEAS, the Executive Officer of the Local Agency Formation Commission has examined the petition and determined that it is signed by the requisite member of signers, and has attached her certificate to the petition showing the results of her exmm4nation, as provided in Government Code Section 56150 athrough 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 detachment; and WHEREAS, the owners of the land described in this Resolution have advanced to the San Marcos County Water District the costs of this detacb.~nt, including, but not limited to, advertising, engineering and attorney's fees; and WH~IEAS, the land desribed in Exhibit "~' attached hereto is currently within the District's Sphere of Influence as adopted June 3, 1985; and WHEREAS, Section 54774.2 of the Govermnent Code allows a local agency to request an amemd.~n~ t to the District's Sphere of Influence; and WHEREAS, this Sphere of Influence amendment is necessary in order for the land described on Exhibit "~' attached hereto to he detached from the San Marcos County Water District; and the land, and the the District; and the Detacbn~nt of the land will be for the best interest of owners thereof consent to the detachment of said land from WHEREAS, the Board of Directors determines that all of the land described in said petition and hereinafter described shall be excluded from the District; that the proceedings had for the detacbn~nt and inclusion h~rein and above referred to were genuir~ 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 1~E BOARD OF DIRECTCRS OF THE SAN MAR(DS COUNTY WATER DIS/RICT, as follows: Resolution No. 747 Page 2 SECTION 1: Order of detachment and amendment to Sphere of Influence. Section 1.1: To~ Board of Directors of the San Marcos County Water District does hereby order the detachment of the land described in the petition above referred to. Exhibit "A", attached hereto and incorporated herein, is the legal description of the land to be detached from the San Marcos County Water District pursuant to this R~solution 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 Govero,~nt Code of the State of California, the San Marcos County Water District does hereby m~ke application to the Local Agency Formation Commission of the County of San Diego for an ~mendment to the District's Sphere of Influence to detach tb~ property described on Exhibit "~' attached hereto. Section 1.3: The detachment of territory as proposed was approved by the Local Agency Formation Co.,.tssion by Resolution (Ref. DD85-2) adopted December 2, 1985. SECTION 2: follows: Tae terms and conditions of said detachm~nt are as Section 2.1: at tacb~d hereto. The boundaries shall be modified to Exhibit "A" Section 2.2: The annexation of the territory to the Vista Irrigation District and detacb,~nt from the San Marcos County Water District shall not become effective until all proceedings for these jurisdictional changes have been completed. Section 2.3: Payment of $300.00 to the San Marcos County Water District. SECTION 3: ]his resolution shall become effective immediately upon its final passage. Section 3.1: This resolution is adopted pursuant to Section 56322 of the Gover,~,mnt 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 Government Code of the State of California, and the resolution of the Local Agency Formation Commission as aforesaid. SECTION 4: ]he loacl 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 the County Recorder of San Resolution No. 747 Page 3 Diego County, certified copies of this Resolution and certificates stating that this resolution is effective. 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 County statements of change of boundary together with a map or plat of the area to be assessed. PASSED AND ADOPTED this 20th day of January, 1986 by th~ following roll call vote: AYES: Directors: Newport, Mason, Rutherford, Ferguson, Mahr NOES: Directors: None ABSTAIN: Directors: None ABSENT: Directors: None AITEST: Mary A.-Newport, President Board of Directors San Marcos County Water District William W. Rucker, Board of Directors San Marcos County Water District DD85-2 "Marti Hankins Detachment" from San Marcos County Water District All that portion of Lots 4 and 5 of Section 16, Township 11 South, Range 3 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey, lying within the following described boundaries: Beginning at a point on the west line of said Section 16 distant thereon North 0°08'27" East, 12~6.52 feet from the west quarter corner of said Section 16; 1. Thence North 89°58'32'' East, 458.34 feet parallel with the east and west center line of the northwest quarter of said Section 16; 2. Thence North 0~06'33'' East (Record-North 0°08~'27" East) 70.33 feet to said center line and the true point of beginning; 3. Thence retracing the last two mentioned courses to the intersection with the southwesterly boundary' of Parcel 2 of Parcel Map No. 2626 filed in the County Recorder's Office of san Diego County, May 9 1974, as file No. 74-121228; 4. Thence along said boundary North 65~53'~1'' West (Record - North 65:52'27'' West) tO a point distant thereon North 65~53'31" West, 243.04 feet (Record - 242.96 feet) from the most s6utherly corner thereof, said point ~eing the beginning of a tangent 125.00 foot radius curve concave norfheasterly; 5. Thence northwesterly, 84.89 feet along said curve through a central angle of 38°54'35'' to said east and west center line of the northwest quarter of said Section 16; 6. Thence along'said east and west center line North 89°58'14" East, 1C5.02 feet (Record.- N~rth 89°58'32" East); 7. Thence North 23~03'23'' East, 433.24 feet to a point on the easterly boundary of said Parcel 2 distant thereon 195.00 feet south of the northeast corner thereof; 8. Thence along said easterly boundary Nortt 0~19'27'' East, 195.00 feet (Record - North 0~25'19" East) to the northeasterly corner of said Parcel 2, being also a point in the southerly boundary of Parcel 3 of said Parcel Map No. 2626; 9. Thence along said southerly boundary North 57~09'22" East, 309.98 feet (Record North 57°09'33" East) to an angle point therein; 10. Thence continuing a!png said southerly boundary, North 89°54'10" East, 312.76 feet (record - North 89~58'32'' East, 312.87 feet) to the southeasterly, corner of said Parcel 3, being also a point in the westerly line of the east quarter of said Lot 4; 11. Thence South 0~25'19" West, 761.50 feet along said westerly line to the east and west center line of said northwest quarter of Section 16; 12. Thence westerly along said east and west center line to the true point of beginning. sc:iw EXHIBIT "A" 1/2/86 Page 1 of 1 r~) ~\ m) Approved by the Local Agency Formation Commission of San Diego OEC - 2 1985 HANKINS, MARTI D. 61LLIS,SHIRLEY J. VISTA IRRIGATION OISTRICT PARCEL MAP A.P. NOS. 174-090-40 ~ 174-260-05, ,16 SCALE: NONE IT.B. II F3 ILN a5-53 APPD BY: DATE IWO DRWN BY: (3 A DATE,9-9-$5 I SHEET I OF 3 IMAP 5-1