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Reso 0716-01/1985 RESOLUTION NO. 716 RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT ORDERING THE ANNEXTATION OF CERTAIN PROPERTY INTO THE SAN MARCOS COUNTY WATER DISTRICT AND IMPROVEMENT DISTRICTS 5 & 6 (JAMES NALE 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 Commission of the County of San Diego; and WHEREAS, the Executive Officer of the Local Agency Formation Commission has examined the petition and determined that it is signed by the requisite number of signers, and has attached his certificate to the petition showing the results of his examination, as provided in Government Code Section 56150 and 56162, inclusive; and WHEREAS, the land described in said petition is the land hereinafter described in this resolution, and the owner of the land has given his written consent to said annexation; and WHEREAS, the owner of the land described in this resolution has advanced to the Secretary of the San Marcos County Water District the costs of this annexation, including, but not limited to, advertising, engineering and attorney's fees; and WHEREAS, the inclusion of said land will be for the best interest of the District; and WHEREAS, the inclusion of said land will be for the best interest of the land, and the owner thereof consents to the inclusion of said land in the District; and WHEREAS, 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 Government Code of the State of California. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT, as follows: Section 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 the San Marcos County Water District pursuant to this resolution and the proceedings above referred to, which said description is sufficient to identify this land. Section 2. The conditions of said annexation are as follows: Section 2.1 The annexation is for water and sewer service. Section 2.2 The assumption by the territory of liability for payment of a proportionate share of all principal and interest which shall become due on account of all outstanding water and 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. Section 2.3 Annexation of the territory to existing water district and sewer Improvement Districts 5 & 6 of the San Marcos County Water District. Section 2.4 Payment by petitioner of the sum of $300.00 to cover the costs of annexation, which include attorney's fees; publication, filing fees and miscellaneous costs of annexation. Resolution No. 716 Page 2 Section 2.5 Payment by petitioner of the sum of $60.00 per acre or fraction thereof for annexation of the territory into the San Marcos County Water District for the use or right of use of the existing property of the District. Section 2.6 Payment by the petitioner of the sum of $60.00 per acre or fraction thereof for annexation into Improvement Districts 5 & 6 (together not individually) for the use or right of use of the existing property in the Improvement Districts. Section.3. This resolution shall become effective immediately upon its final passage. 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 adopted December 3, 1984. 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. This resolution shall become effective immediately upon adoption; it is adopted pursuant to Section 56322 of the Government Code and aforesaid resolution of the Local Agency Formation Commission authorizing the initiation of proceedings without notice and hearing and without an election. By certified copy of this resolution, the Executive Officer of the Local Agency Formation Commission is requested to complete proceedings and make the necessary filings required by law. PASSED AND ADOPTED by the Board of Directors of the San Marcos County Water District at a regular meeting held on this 21st day of January , 1985, by the following roll call vote: AYES: Directors: Mason, Newport, Mahr, Ferguson, Rutherford NOES: Directors: None ABSTAIN: Directors: None ABSENT: Directors: None Board of Directors San Marcos County Water District ATTEST: Will iam W. Rucker~ '~ecretary Board of Directors San Marcos County Water District