Reso 0746-01/1986RESOLUTION NO. 746
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" FCR SEWER SERVICE
(BURROWS 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 Co,,,,{ssion of the County of San Diego; and
WHEREAS, the Executive Officer of the Local Agency Formation
Commission bas examined the petition and determined that it is signed by the
requisite m~her of signers, and has attached her certificate to the petition
showing the results of her examination, as provided in Goveikauent Code Section
56150 through 56162, inclusive; and
WHEREAS, the land described in said petition is the land hereinafter
described in Exhibit "~' 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 costs of this annexation,
including, but not limited to, advertising, engineering and attorney's fees;
and
WH~, the land described in Exhibit "~' attached hereto is
currently outside the District's Sphere of Influence as adopted June 3, 1985;
WHEREAS, Section 54774.2 of the Govei-L~ent Code allows a local
agency to request an ~mm~ndm~nt to the District's Sphere of Influence; and
%R~, 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
WHEREAS, the inclusion of said land will be for the best interest o£
the District; and
WH~IEAS, the inclusion of the land will be for the best interest of
the land, and tim owners thereof consent to the inclusion of said land in the
District; and
WHERF~, the Board of Directors determines that all of the land
described in said petition and hereinafter described shall be included in the
District; that th~ 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
the Government Code of the State of California.
Resolution No. 746
Page 2
NOW, TH~IEFORE, BE IT RESOLVED BY THE BOARD OF D~IECTORS OF THE SAN
MARCOS COUNTY WAT~{ DIS~llICT, as follows:
Section 1: Order of annexation and amendment to Sphere of
Influence.
Section 1.1: Tb~ 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 l%ereto and
incorporated herein, is t~. legal description of the land included within San
Marcos County Water Distrzct purstmnt/to this Resolution. and the proceedings
above referred to, which said description is sufficient to identify this land.
Section 1.2: That purs~mnt to Section 54774.2 of th~
Govet'~ent Code of the State of California, the San Marcos County Water
District does hereby make application to the Local Agency Formation Co,~',~ssion
of the County of San Diego for an ~nendment to the District's Sphere of
Influence to include the property described on Exhibit "A" attached hereto.
Section 2: Tae conditions of said annexation are as follows:
Section 2.1: The annexation is for sewer (not water) service.
section 2.2: The ass,~r,~,ution 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.
Section 2.3:
Improv~nt Districts No.
District.
Annexation of the territory
1, 2, 6 and "A" of the San Marcos
to existing
County Water
section 2.4: Payment by petitioners of the sum of $700.00 to
cover costs of annexation, which include attomey's fees, publication, filing
fees and miscellaneous costs of annexation.
Section 2.5: Pay,~nt by petitioners of the sum of $60.00 per
acre 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
acre or fraction thereof for annexation into Improvement Districts No. 1, 2, 6
and "~' (together, not individually) for the use or right of use of the
existing property in the Improv~nt Districts.
Section 3: This resolution shall become effective immediately
upon its final passage.
Kesolution No. 746
Page 3
Section 3.1: This resolution is adopted pursuant to Section
56322 of the Government Code of the State of California and purs, mnt to the
resolution of th~ Local Agency Formation Commission.
Section 3.2: Tb~.~ resolution is adopted without notice or
hearing and without an election being conducted in said territory all in
accordance with Section 56322 of the Goverment Code of the State of
California, and the resolution of the Local Agency Formation Co.,.,~ssion as
aforesaid.
Section 4: The Local Agency Formation Co,~,,{ssion shall co~ly
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 Diego COUnty, certified copies of this Resolution and certificates
stating that this resolution is effective. The Secretary of this District
shall further comply with the provisions of the Gove£L~ent Code Section 54900,
et seq., by filing with the State Board of Equalization and with the County
Assessor of San Diego County stat~nts of change of boundary together with a
map or plat of the area to be assessed.
PASSED k~) ADOPTED this 20th day of January, 1986 by the following
roll call vote:
AYES: Directors:
NOES: Directors:
ABSTAIN: Directors:
ABSENT: Directors:
Newport, Mason, Ferguson, Rutherford
Mahr
None
None
Board of Directors
San Marcos County Water District
William W. Rucker, Secretary
Board of Directors
San Marcos County Water District
DA85-5 "Burrows Annexation" to San Marcos County Water District
Ail that portion of Lot 3 in Block 106 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 December 21, 1895, described
as follows:
Beginning at a point in the northwesterly line of said Lot 3
distant thereon South 22008' West 132.50 feet from the most
northerly corner thereof;
1. Thence South 67055'45'' East 484.34 feet to the northwesterly
line of the southeasterly 195.00 feet of said Lot 3;
2. Thence South 22009'40'' West along said northwesterly line
132.50 feet to the southwesterly line of the northeasterly
265.00 feet of said Lot 3;
3. Thence North 67o55'45'' West, 484.28 feet along said south-
westerly line to the northwesterly line of said Lot 3;
4. Thence North 22o08' East, 132.50 feet along said northwesterly
line to the point of beginning.
CB:SC
10/21/85
LAFCO
Approved by the LoCal A~ency Formation
Cemmt$$ion of ~n Diego
OCT ?
EXHIBIT "A"
Page 1 of 1
Approved by the Local A~enc~ 'matlon
L~ec. /7. /9~0 ~C
Prepored Fo~ : EJden lA/