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Reso 0657-03/1983 237 RESOLUTION NO. 657 RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT ORDERING THE ANNEXATION OF CERTAIN PROPERTY DESIGNATED LA SOMBRA TRACT 196 ANNEXATION INTO IMPROVEMENT DISTRICTS 1, 2 & 6 OF THE SAN MARCOS COUNTY WATER DISTRICT BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT as follows: Section 1: The following facts are hereby found and determined to be true: {a) That the San Marcos County Water District owns, operates, and maintains a sewage disposal system under and by virtue of Improvement Districts 1, 2 & 6 of the San Marcos County Water District. (b) That the owners of the land described in this resolution have given their written consent to the annexation of said lands to the improvement districts hereinafter designated and have, in writing, requested the annexation of said lands to said improvement districts. (c) That the owners of the land described in this resolution have 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. (d) The inclusion of said land within said improvement district will be for the best interest of the land, and the owners thereof consent to the inclusion of said land in the designated improvement district of the San Marcos County Water District. (e) The inclusion of said land within the designated improvement districts will be for the best interest of the designated improvement districts. (f) The Board of Directors determines that all of the land hereinafter described shall be included in the designated improvement districts; 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 Water Code of the State of California commencing at Section 32550. (g) That the land herein described is within the boundaries of the San Marcos County Water District and said lands are not a part of an improvement district constituted for a purpose similar to the purpose of Improvement Districts 1,2 & 6 of the San Marcos County Water District. 239 Resolution No. 657, Page 2 (h) All of the owners of the land within the territory to be annexed have given their written consent to such annexation and the Board is hereby authorized to order the annexation by resolution without notice and hearing by the Board and without an election. Section 2. The Board of Directors of the San Marcos County Water District does hereby order the annexation of all lands hereinafter described to Improvement District 1,2 & 6 of the San Marcos County Water District pursuant to this resolution and the proceedings above referred to, which description contained in Exhibit "A" attached hereto and made a part hereof, is sufficient to identify the land. Section 3. The conditions of said annexation to Improvement Districts 1,2 & 6 of the San Marcos County Water District are as follows: (a) The payment to the San Marcos County Water District of the sum of $780.00 said payment is for the right of use of all existing property, real and personal, of said improvement districts, in accordance with the rules and regulations of the District. (b) The payment of all costs of said annexation, $300.00, including but not limited to filing, engineering and attorney's fees. (c) The lands annexed to an improvement district shall be subject to existing bond issues and indebtedness of the improvement district from and after the filing with the San Diego County Assessor of a certified copy of this resolution as set forth in Section 32553 of the Water Code of the State of California. Section 4. This resolution shall become effective immediately upon its final passage; this resolution being adopted pursuant to Section 32552 of the Water Code of the State of California. This resolution being adopted without notice and hearing and without an election being conducted in said territory, all in accordance with Section 32552 of the Water Code of the State of California. The Secretary of this District shall comply with the provisions of the Water Code, Section 32553, and shall file a certified copy of this resolution together with a map of the territory thus annexed with the San Diego County Assessor and the San Diego County Tax Collector and with the State Board of Equalization. 241 Resolution No. 657, Page 3 PASSED AND ADOPTED this 22nd day of March, 1983, by the following roll call vote: AYES: Directors: Newport, Mason, Holm, Ferguson, Mahr NOES: Directors: None ABSTAIN: Directors: None ABSENT: Directors: None President of the Board of Directors San Marcos County Water District Secretary of the San Marcos County Water District ASHTON ANNEXATION TO I.D. 1, 2 & 6 La Sombra Tract No. 196 16.83 ACRES Exhibit "A" RESOLUTION NO. 657 EXHIBIT "A" RESOLUTION NO. 657 That portion of the North Half of the Northeast Quarter of Section 21, Township 12 South, Range 3 West, San Bernardino Meridian, i~ the County of San Diego, State of California, according to Official Plat thereof, described as follows: Commencing at a point on the South line of the North Half of the Northeast Quarter of Section 21, from whence the Southeast corner of said North Hal~ of the Northeast Quarter bears South 89°56' East 733.00 feet, said Point of Commencement being also the Southwest corner of the parcel of land conveyed in deed from J.F. McAleese and Agnes C. McAleese, husband and wife, to D.A. McAleese and Emma McAleese, husband and wife, dated May 9, 1927, and record- ed June 4, 1927, in Book 1367, page 64 of Deeds, in the Office of the County Recorder of said County; thence North 3006' West along the Westerly line of! said D.A. McAleese's land, 1,014.25 feet; thence South 83o50'40'' West 770.80 feet to the West line of land described in deed to Wilbur J. McAleese~ et al, recorded October 7, 1943, as Document No. 65110, in Book 1575, page 65 of Official Records; thence along said West line South 5o40' East (Record South 5°10' East) 962.00 feet, more or less, to the Southwest corner of said land being a point on the South line of said North Half of the Northeast Quarter, which is North 89o56' West 1,462.00 feet from the Southeast corner of said North Half of the Northeast Quarter of Section 21; thence along said South line South 89o56' East 729.0C feet, more or less'~ to th~ Point of ~om- men~ement. EXCEPTING THEREFROM all that portion thereof lying within County of San Diego Tract No. 3707, in the County of San Diego, State of California, according to Map thereof No. 9263, filed in the Office of the County ReCord- er of San Diego County, June 28, 1979.