Loading...
Reso 0737-09/1985RESOLUTlON NO. 737 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 (BRUCE ANNEXATION) WHEREAS, a petition for the annexation to the Water District was filed with the Executive Officer of Formation Commission of the County of San Diego; and San Marcos County the Local Agency WHEREAS, the Exectuvie Officer of the Local Agency FormAtion Oommission has exmnined the petition and determined that it is signed by the requisite n,~ber 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 ~, 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 annexation; and WH~IEAS, 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 limlted to, advertising, engineering and attorney's fees; WH~IEAS, the land described in F~{hit A attached hereto is currently outside the District's Sphere of Influence as adopted June 3, 1985; WHEREAS, Section 54774.2 of the Government 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 Marcos County Water District; and WHEREAS, the inclusion of said land will be for tbm best interest of the District; and WH~0EAS, the inclusion of the land will be for the best interest of the land, and the owners thereof consent to the inclusion of said land in the District; and WH~IEAS, 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 Act of 1965, beginning with Section 56000 of the Goverc~aent Code of the State of California. Resolution No. 737 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 "A", attached hereto and incorporated herein, is the legal description of the land included within San Marcos County Water District purs, mnt to this Resolution 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 Government Code of the State of California, the San Marcos County Water District does hereby make application to the Local Agency Formmtion Commission of the County of San Diego for an anendment to the District's Sphere of Influence to include thru property described on Exhibit A attached hereto. Section 2: The conditions of said annexation are as follows: Section 2.1: The 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 bends 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: Annexation of the territory to existing lmprovament Districts No. 1, 2, 6 and "A" of the San Marcos County Water District. 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: 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 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 "A" (together, not individually) for the use or right of use of the existing property in tb~ Improvement Districts. Section 3: This resolution shall become effective inmediately upon its final passage. Resolution No. 7 5 7 Page 3 Section 3.1: This resolution is adopted pursuant 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 hmaring and without an election being conducted in said territory all in accordance with Section 56322 of the Government Code of thru State of California, and the resolution of the Local Agency Formation Ct,,,,ission as aforesaid. Section 4: The Secretary of the District shall comply with the provisions of the GoverL.,~nt 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. Thru Secretary of this District 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 m~p or plat of the area to be assessed. PASSED AND ADOPTED this 16th day of September, 1985 by the following roll call vote: AYES: Directors: NOES: Directors: ABSTAIN: Directors: ABSENT: Directors: Newport, Mason, Rutherford, Ferguson Mahr None None Mary A. ~ewport, P~es~t Board of~Directors v San Marcos County Water District ATI~ST: William W. Rucker, Secretary Board of Directors San Marcos County Water District DA85-22 "Bruce Annexation" to San Marcos County Water District Ail that portion of Lot 3 in Block 105 of Rancho Los Vallecitos de San Marcos, together with that portion of La Mirada Drive (formerly Seventh Street) adjacent to said Lot 3, in the County of San Diego, State of California, according to Map No. 806, filed in the Office of the County Recorder of said San Diego County, December 21, 1895, described as follows: Beginning at the most southwesterly corner of said Lot 3; 1. Thence along ~he northwesterly line thereof North 22009'49'' East, 132.36 feet to the southwesterly line of the northeasterly 397.50 feet of said lot; 2. Thence along said southwesterly line South 67o57'30'' East 349.75 feet to the northwesterly line of the southeasterly 330.00 feet of said lot; 3. Thence South 22009'49'' West, along said northwesterly line and the southwesterly prolongation thereof to th~ ce~nter line of 7th Street, as shown on said Map No. 806; ~' 4. Thence northwesterly along said center line to the southwesterly prolongation of the northwesterly line of said Lot; 5. Thence North 22009'49'' East along said southwesterly prolongation to the point of beginning. sc:iw 1/2/86 LAFCO Approved by the Local A~ency Formation ~ Commission of Sen Diego DEC: 3 Lq85 EXHIBIT "A" Page 1 of 1 /'.4 BLK. RHO. LOS VALLECITOS DE SAN MARCOS MAP 806 Appr~d'l:~be Local Agency Formation / Comm_ission of San Diego / 0EC - 2 '~ )ATE: SCALE: ///---" ~OO / ~...^. P~E: . ~'7-_Z) DRAWN BY:' MAPPING DIVISION SAN DIEGO COUNTY ASSESSOR'S OFFICE