Loading...
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" Page 1 of 1 'J_~ Og ,ill L~ 2 ~ R~$OLUTION 755 V..LN¥'~ "": c..:::~:.~ Oh~DNV~ oJ l J 0 ~ 0 Z U 2~ Z ~