Ord 0005 01/1958STATEMENT AND CERTIFICATE
THIS STATEMENT AND CERTIFICATE IS MADE PURSUANT TO
ARTICLE 4, CHAPTER 2, PART 8, DIVISION 12 (SECTION 32449)
OF THE WATER CODE OF THE STATE OF CALIFORNIA.
THE UNDERSIGNED, BEING THE PRESIDENT AND SECRETARY OF
THE SAN MARCOS COUNTY WATER DISTRICT, DO HEREBY CERTIFY;
1. THAT THE BOARD OF DIRECTORS OF THE SAN MARCOS
COUNTY WATER DISTRICT ON THE 27TH DAY OF JANUARY, 1958, DID
ENACT AN ORDINANCE, A CERTIFIED COPY OF WHICH IS ATTACHED
HERETO.
2. THAT SAID ORDINANCE BECAME EFFECTIVE ON THE 27TH
DAY OF FEBRUARY, 1958.
3. THAT NO PETITION FOR DISAPPROVAL OR VETO OF SAID
ORDINANCE HAS BEEN FILED, AND THAT THE TIME FOR FILING SAID
PETITION HAS EXPIRED.
WITNESS OUR HANDS AND THE OFFICIAL SEAL OF THE DISTRICT
THIS 3rd DAY OF March , 1958.
SIDENT, SAN MARCOS COUNTY
ATER DISTRICT
(1-1,L4.4 -1,L .4 . c ti. a..-12 C t
SECRETARY, SAN MARCOS COUNTY
WATER DISTRICT
ORDINANCE NO. 5
ORDINANCE ORDERING THE INCL UDING OF LANDS
DESCRIBED IN A PETITION FILED ON THE 23rd
DAY OF October , 1957, WITH THE SECRETARY
OF THE SAN MARCOS COUNTY WATER DISTRICT,
MAILING THE FINDINGS REQUIRED BY LAW IN RE-=
SPECT THERETO AND NAMING OF SUCH INCLUSION
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE SAN
MARCOS COUNTY WATER DISTRICT AS FOLLOWS:
WHEREAS, LAND NOT A PART OF THE SAN MARCOS COUNTY
WATER DISTRICT IN THE COUNTY OF SAN DIEGO MAY BE INCLUDED
IN THE SAN MARCOS COUNTY WATER DISTRICT PURSUANT TO THE
PROVISIONS OF CHAPTER 2 OF PART 8 OF DIVISION 12 OF THE
WATER CODE OF THE STATE OF CALIFORNIA, AND
WHEREAS, A PETITION DESCRIBING A TRACT OF LAND PRO-
POSED TO BE INCLUDED IN THE SAN MARCOS COUNTY WATER DIS-
TRICT, SIGNED AND ACKNOWLEDGED BY UNION TITLE INSURANCE
AND TRUST COMPANY IN THE MANNER REQUIRED TO ENTITLE AN IN-
STRUMENT TO BE RECORDED, BEING A MAJORITY IN NUMBER OF THE
HOLDERS OF TITLE TO THE TRACT OF LAND DESCRIBED IN SAID
PETITION AND THE HOLDERS OF TITLE TO A MAJORITY IN ACREAGE
OF THE LAND DESCRIBED IN SAID PETITION, WAS FILED WITH THE
SECRETARY OF THE SAN MARCOS COUNTY WATER DISTRICT ON THE
23rd. DAY OF October
, 1957, PRAYING THAT THE LAND DE-
SCRIBED IN SAID PETITION BE INCLUDED IN THE DISTRICT, AND
WHEREAS, THE SIGNERS OF SAID PETITION DID AT THE TIME
THEY FILED SAID PETITION WITH THE SECRETARY OF THE DISTRICT
ADVANCE TO SAID SECRETARY TO COST OF PUBLISHING AND MAILING
OF THE NOTICE OF THE HEARING REQUIRED ON SAID PETITION FOR
INCLUSION, AND
WHEREAS, THE SECRETARY, WITHIN FORTY DAYS AFTER THE
FILING OF SAID PETITION WITH THE SECRETARY, TO WIT: ON THE
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22ndDAY OF November , 1957, COMMENCED THE PUBLICATION OF
A NOTICE OF THE FILING OF SUCH INCLUSION PETITION IN THE
DAILY TIMES -ADVOCATE, A NEWSPAP:TR PRINTED AND PUBLISHED IN
THE COUNTY OF SAN DIEGO (THERE BEING NO NEWSPAPER PRINTED
AND PUBLISHED IN THE SAN MARCOS COUNTY WATER DISTRICT,
WHICH NOTICE WAS PUBLISHED ONCE A WEEK FOR TWO SUCCESSIVE
WEEKS, TO WIT: ON November 22, 1957 AND November 29, 1957
AND CONTAINED:
(A) A STATEMENT OF THE PURPOSE OF THE PETITION.
(B) A DESCRIPTION OF THE LAND PROPOSED TO BE INCLUDED.
(C) THE TIME OF THE BEARING ON SAID PETITION, TO WIT:
7:30 O'CLOCK P.11. ON December 2, 1957 , AT THE
OFFICE OF SAN MARCOS COUNTY WATER DISTRICT, SAN
MARCOS, CALIFORNIA, BEING THE REGULAR MEETING OF
THE BOARD NEXT AFTER THE GIVING OF SAID NOTICE
WOULD BE COMPLETED, AND
(D) AN ANNOUNCEMENT THAT ANY PERSONS INTERESTED IN THE
PROPOSED INCLUSION MAY APPEAR AT THE OFFICE OF THE
BOARD AT THE TIME OF THE REARING AND FILE OBJEC-
TIONS IN WRITING SHOWING CAUSE IF ANY THEY HAVE
WHY THE LAND OR ANY OF IT SHOULD NOT BE INCLUDED
AS PROPOSED IN THE PETITION, AND
WHEREAS, THE LAND DESCRIBED IN THE PETITION FILED WITH
THE SECRETARY WAS ALL ASSESSED TO UNION TITLE INSURANCE AND
TRUST COMPANY ON THE LAST EQUALIZED ASSESSMENT ROLL OF THE
COUNTY OF SAN DIEGO. THEREFORE, THE SECRETARY DID NOT MAIL
NOTICES OF SAID HEARING, AND
WHEREAS, THE AFFIDAVIT OF PUBLICATION OF SAID NOTICE
AND SAID PETITION HAVE BEEN PRESENTED TO AND FILED WITH THE
BOARD, AND
WHEREAS, AT THE TIME AND PLACE SPECIFIED IN SAID NOTICE
THE BOARD PROCEEDED TO HEAR THE PETITION AND ALL OBJECTIONS TO
IT PRESENTED IN WRITING AND IT APPEARING THAT THE .BOARD HAS
JURISDICTION THEREOF, AND THAT NO ONE APPEARED IN OPPOSITION
THERETO OR PRESENTED ANY OBJECTION IN WRITING, THE BOARD
t
FOUND AND DETERMINED THAT THE INCLUSION OF SAID LAND SHOULD
BE MADE UPON THE CONDITION THAT SAID LAND BE MADE A PART OF
IMPROVEMENT DISTRICT No. 1 OF THE SAN MARCOS COUNTY WATER
DISTRICT, AND THE BOARD ADJOURNED SAID HEARING PURSUANT TO
SECTION 32471 OF THE WATER CODE, AND
WHEREAS, ON JANUARY 27, 1958 AT 7:30 P. M. IN THE
OFFICE OF THE SAN MARCOS COUNTY WATER DISTRICT THE BOARD
PROCEEDED TO HEAR THE PETITION AND ALL OBJECTIONS TO IT
PRESENTED IN WRITING AND IT APPEARING THAT THE BOARD HAS
JURISDICTION THEREOF, AND THAT NO ONE APPEARED IN OPPOSITION
THERETO OR PRESENTED ANY OBJECTION IN WRITING TO THE IN..
CLUSION OF SAID LAND IN THE SAN MARCOS COUNTY WATER DISTRICT
AND OF THE INCLUSION OF SAID LAND IN THE SAN MARCOS COUNTY
WATER DISTRICT IMPROVEMENT DISTRICT N0. 1, AND SAID HEARING
HAVING BEEN CLOSED,
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SAN
MARCOS COUNTY WATER DISTRICT FINDS THAT THE FOLLOWING ARE
TRUE:
(A) THAT SAID PETITION COMPLIES WITH CHAPTER 2 OF
8 OF DIVISION 12 OF THE COUNTY WATER DISTRICT
LAW.
(B)
THAT THE INCLUSION OF THE LAND DESCRIBED IN SAID
PETITION IS AUTHORIZED BY CHAPTER 2 OF PART 8 OF
DIVISION 12 OF THE WATER CODE OF CALIFORNIA.
`C) THAT THE INCLUSION OF THE LANDS DESCRIBED IN THE
PETITION WILL BE FOR THE BEST INTEREST OF THE
SAN MARCOS COUNTY' WATER DISTRICTFW.
(D) THAT THE INCLUSION OF THE LAND DESCRIBED IN THE
PETITION IN THE SAN MARCOS COUNTY WATER DISTRICT
WILL BE FOR THE INTEREST OF SAID LAND.
(E) THAT THE INCLUSION OF THE LAND DESCRIBED IN THE
PETITION IN THE SAN MARCOS COUNTY WATER DISTRICT
IMPROVEMENT DISTRICT 1V0. 1 WILL BE FOR THE IN'-'
TEREST OF SAID LAND.
(F)
(G)
THAT THE INCLUSION OF THE LAND DESCRIBED IN THE
PETITION WILL BE FOR THE BEST INTEREST OF THE
SAN MARCOS COUNTY WATER DISTRICT IMPROVEMENT
DISTRICT NO. 1.
THAT THE PETITIONERS INCLUDE A MAJORITY IN NUMBER
OF THE HOLDERS OF TITLE TO THE LAND DESCRIBED IN
THE PETITION AND REPRESENT A MAJORITY IN ACREAGE
OF THAT LAND.
(H) THAT THE PETITION FOR INCLUSION AND THE NOTICE OF
HEARING THEREON IS GENUINE AND SUFFICIENT.
SECTION I. THE BOARD OF DIRECTORS OF THE SAN MARCOS
COUNTY WATER DISTRICT ORDERS THE INCLUSION OF ALL OF THE
LAND DESCRIBED IN SAID PETITION IN THE SAN MARCOS COUNTY
WATER DISTRICT AND IN THE SAN MARCOS COUNTY WATER DISTRICT
IMPROVEMENT DISTRICT 1V0. 1, WHICH LAND IS DESCRIBED AS
FOLLOWS:
PARCEL 1
LOTS 1 AND 2, BLOCK 108, LOT 3 IN BLOCK 109 TOGETHER
WITH THE PUBLIC STREETS, ROADS, OR DRIVES IMMEDIATELY
ADJOINING SAID BLOCKS ALL IN RANCHO Los VALLECITOS DE
SAN MARCOS, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE HAP THEREOF 1V0. 806,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY DESCRIBED AS FOLLOWS:
(1) BEGINNING AT THE POINT OF INTERSECTION OF THE
EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID
LOT 3, BLOXK 109 WITH THE CENTER LINE OF RANCHO
SANTA FE ROAD:
(2) THENCE WESTERLY ALONG SAID PROLONGATION AND SAID
NORTHERLY LINE 730.00 FEET, MORE OR LESS, TO THE
NORTHWESTERLY CORNER OF SAID LOT 3;
(3) THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID
LOT 3 AND THE SOUTHERLY PROLONGATION THEREOF 570.00
FEET, MORE OR LESS, TO THE CENTER LINE OF LINDA VISTA
DRIVE;
(4) fHENCE WESTERLY ALONG SAID CENTER LINE 720.00
FEET, MORE OR LESS, TO THE CENTER LINE OF LAS FLORES
DRIVE;
(5) THENCE SOUTHERLY ALONG SAID LAST MENTIONED CENTER
LINE 570.00 FEET, MORE OR LESS, TO THE WESTERLY PRO-
LONGATION OF THE SOUTHERLY LINE OF SAID LOT 1 IN BLOCK
108;
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(6) THENCE EASTERLY ALONG SAID WESTERLY PROLONGATION
TO AND ALONG THE SOUTHERLY LINE OF SAID LOTS 1
AND 2 IN BLOCK 108, AND THE EASTERLY PROLONGATION
THEREOF 1450.00 FEET, MORE OR LESS, TO THE CENTER
LINE OF RANCHO SANTA FE ROAD;
THENCE NORTHERLY ALONG SAID CENTER LINE 1140.00
FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
(7)
SECTION II. THE PRESIDENT
DIRECTED AND INSTRUCTED TO FILE
OF THE STATE OF CALIFORNIA, AND
AND SECRETARY ARE HEREBY
WITH THE SECRETARY OF STATE
WITH THE COUNTY RECORDER OF
SAN DIEGO COUNTY, CALIFORNIA, CERTIFIED COPIES OF THIS
ORDINANCE AND THE NECESSARY CERTIFICATES STATING THAT NO
PETITION FOR DISAPPROVAL AND VETO OF THIS ORDINANCE WAS
FILED WITHIN THE TIME PROVIDED BY LAW, IF SUCH BE THE FACT.
SECTION III. THAT THE PROPER OFFICERS OF THE DISTRICT
BE INSTRUCTED AND DIRECTED IF THIS ORDINANCE TAKES EFFECT
TO FILE WITH THE COUNTY ASSESSOR OF SAN DIEGO COUNTY AND
THE STATE BOARD OF EQUALIZATION THE NECESSARY MAPS AND
STATEMENTS SHOWING THAT SAID PROPERTY HAS BEEN ANNEXED TO
THE SAN MARCOS COUNTY WATER DISTRICT PRIOR TO THE FIRST
DAY OF FEBRUARY, 1959.
SECTION IV. THIS INCLUSION SHALL BE KNOWN AND DESIGNA-
TED AS
"SAN HARCOS COUNTY WATER DISTRICT - INCLUSION' NO. 2. "
4
�,7
O C.�W LS, PRESIDENT OF THE
ARD OF DIRECTORS, SAN MARCOS
OUNTY WATER DISTRICT
ATTEST:
�..�` 56. ii.U.i r.,-
ANNA D. CHARLTON, SECRETARY
SAN MARCOS COUNTY WATER DISTRICT
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1
ORDERED ADOPTED AND APPROVED BY THE BOARD OF DIRECTORS
OF THE SAN MARCOS COUNTY WATER DISTRICT ON THE 27TH DAY OF
JANUARY, 1958, BY THE FOLLOWING VOTE, TO WIT:
AYES: DIRECTORS Mahr, Smith, Trussell, Hazeltine,
and Wells
NOES: DIRECTORS None
ABSENT: DIRECTORS None
SECRETARY OF THE SAN MARCOS
COUNTY WATER bISTRICT, AND THE
BOARD OF DIRECTORS THEREFOR
I, ANNA D. CHARLTON, DO HEREBY CERTIFY AND STATE THAT
I
AM THE DULY APPOINTED, ACTING AND QUALIFIED SECRETARY OF
THE SAN MARCOS COUNTY WATER DISTRICT AND THE BOARD OF DIREC-
TORS THEREOF, AND THAT THE FOREGOING COPY OF ORDINANCE NO.
5
WHICH BECOMES EFFECTIVE FEBRUARY 27, 1958, IS TRUE AND
CORRECT, AND THAT SAME HAS NOT BEEN RESCINDED, AMENDED OR
REPEALED.
4
SECRETARY OF THE SAN MARCOS
COUNTY WATER DISTRICT, AND THE
BOARD OF DIRECTORS THEREFOR
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