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