Reso 0755-04/1986RESOLUTION NO. 755
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SAN MARCOS COUNTY WATER DISTRICT ORDERING THE
AMENEMENT 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 SEWM{ SMIVICE
(ELMER MOORE ANNEXATION)
WHEREAS, a petition for the annexation to the
Water District was filed with the Executive Officer of
Formmtion Commission of the County of San Diego; and
San Marcos County
the Local Agency
WH~, the Executive Officer of the local Agency Formmtion
Commission has e~mined th~ petition and determined that it is signed by the
requisite m.nber of signers, and has attached her certificate to the petition
showing the results of her examination, as provided in Government Code Section
56150 through 56162, inclusive; and
WH~IEAS, 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
WH~IEAS, the owners of the land described in this Resolution have
advanced to th~ San Mmrcos County Water District the costs of this annexation,
including, but not limited to, advertising, engineering and attorney's fees;
WH~IEAS, 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 Gover,..,mnt 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
Mmrcos County Water District; and
WHEREAS, the inclusion of said land will be for the best interest of
the District; and
the land, and the
District; and
th~ inclusion of the land will he for the best interest of
owners thereof consent to the inclusion of said land in the
WHEREAS, the Board of Directors determ{nes 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. 755
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 Sphare 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 "A", attached hereto and
incorporated herein, is tb~ legal descriotion of the land included within San
Marcos County Water District pursuant to this Resolution and the procccdings
above referred to, which said description is sufficient to identify this land.
Section 1.2: That pursuant to Section 54774.2 of the
Government Code of the State of California, thru San Marcos County Water
District has made application to the Local ~ency Formation Commission of the
County of San Diego for an amemdment 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: Th~ anne~mtion is for sewer (not water) service.
Section 2.2: Thru ass,,'.~?tion of the territory of liability for
payment of a proportionate share of all principal and interest which shell
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:
Improvement Districts No.
District.
Annexat ion of the
1, 2, 6 and "~' of the
territory to existing
San Marcos County Water
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 ~tion.
Section 2.5: Payment 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 th~ 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 "A" (together, not individually) for the use or right of use of the
existing property in the Improvement Districts.
Section 3: This resolution shell become effective {mmediately
upon its final passage.
Resolution No. 755
Page 3
Section 3.1: This resolution is adopted purs,mnt 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 ar~ 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 the County Recorder
of San Diego OOUnty, certified copies of this Resolution and certificates
stating that this resolution is effective. The Secretary of the Local Agency
Formation Corem{ ssion 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 ~ or plat of the area to be assessed.
P~SED AND ADOPTED this 7th day of April, 1986 by the following roll
call vote:
AYES: Directors: Newport, Mason, Rutherford, Ferguson
NOES: Directors: Mahr
ABSTAIN: Directors: None
~SENT: Directors: None
San Marcos County Water District
r, Secretary
Board of Directors
San Marcos County Water District
RESOLUTION 755
DA85-51 "Elmer Moore Annexation" to San Marcos County Water District
Ail that portion of the southwesterly 132.50 feet of the northeasterly
397.50 feet of Lot 4 in Block 109 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, 1885, lying within the following
described boundary;
Beginning at the southwesterly corner of said Lot 4;
1. Thence along the northwesterly line of said Lot 4, North 22009'40''
East 132.45 feet to the southwesterly line of said northeasterly
397.50 feet;
2. Thence southeasterly along said southwesterly line 279.00 feet to
the true point of beginning;
3. Thence continuing southeasterly along said southwesterly line to a
point on the southeasterly line of said Lot 4 that is distant
North 22008'50'' East 132.45 feet from the southeasterly corner
thereof~
4. Thence along said southeasterly line of Lot 4, North 22008'50''
East 132.50 feet to the southwesterly line of the northeasterly
265 feet of said Lot 4;
5. Thence northwesterly along said southwesterly line to a point that
is distant 279 feet southeasterly from the northwesterly line of
said Lot 4;
6. Thence southwesterly on a line that is parallel with said northwesterly
line of Lot 4 to the true point of beginning.
sc:iw
3/11/86
LAFCO
Approved by the Local Agency Formation
.., Commission o! San Diego
7.~Ex~cut~v~ Office~ o~ sa~ Corem
EXHIBIT "A"
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