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Ord 0008 08/1958STATEMENT AND CERTIFICATE This Statement and Certificate is made pursuant to Article 4, Chapter 2, Part 8, Division 12 (Section 3211119) 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 4th day of August, 1958,. did enact an Ordinance, a certified copy of which is attached hereto. 2. That said Ordinance became effective on the 4th day of September, 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 6th day of October, 1958. . sident, San Marcos County ter District Secretary,aSan Marcos County Water District SEAL ORDINANCE NO. 8 ORDINANCE ORDERING THE INCLUDING OF LANDS DESCRIBED. IN A. PETITION FILED WITH TEE SECRETARY OF THE SAW MARCOS COuNTx.WATER DISTRICT ON THE 5TH DAY OF JUNE, 1958, MSG TEE FINDINGS RETIRED BYLAW IN RESPECT_ 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 proposed to be included in the San Marcos County Water District, signed and acknowledged by the Board of Trustees of the Rich -oar Union School District in the manner required to entitle an instrument 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 5t1 day of June, 1958, praying that the land described 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 the 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 19th day of June, 1958, commenced the publication of a notice of the filing of such inclusion petition in the Daily Times -Advocate, a news- paper 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: June 19, and June 26, 1958, 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 Hearing on said petition, to wit: 7:30 o*clock P.M. on 7th day of July, 1958, 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 prpposed inclusion may appear at the office of the Board at the time of the Hearing and give objections in writing showing cause if any they have why the lend or any of it should not be included as proposed in the petition, and -1- WHEREAS, the land described in the petition filed with the Secretary was all assessed to inch -Mar Union School District on the last equalized assessment roll or 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 t he 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 juris- diction thereof, and that no one appeared in opposition thereto or presented any objection in writing, the Board 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 3471 of the Water Code, and WHEREAS, on August 1., 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 ap- pearing that the Board has jurisdiction thereof, and that no one appeared in opposition thereto or presented any objection in writing to the inclusion 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 No. 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 Part 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 District. (D) That the inclusion of the land described in the petition in the San Marcos County Water District will be f or the beat interest of said land. (E) That the inclusion of the land described in the petition In the San Marcos County Water District Improvement District No. 1 will b e P or the best interest of said land. (F) 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. (G) 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 No. 1, Which land is described as follows: All those portions of Lot 5 in Block 29; and Lots 1, 2, and 3 in Block 30 of the Rancho Los Valleoitoa de San Marcos, in the County of San Diego, State of California, according to Map thereof No. 806, filed in the office of the Recorder of said San Diego County, December 21, 1895, together with a portion of the unnamed street between said "ot 5 in Block 29 and said Lot in Block 30, as vacated and closed to publio use by an order of the Board of Supervisors of San Diego County on November 14, 1891, and recorded in Book 13, page 376 of Supervisor's Records; ALSO a portion of the Northeasterly Ralf of the unnamed street lying Southwesterly of and adjoining said Lots in Block 30 and a portion of the Northwesterly Ralf ©f the unnamed street lying Southerly of and adjoining said Lot 5 in Block 29, described as a whole is follows: Beginning at a point on the center line of said unnamed Street, lying Southwesterly of and adjoining said Block 30, distant thereon South 550 26' East 478.08 feet from its point of intersection with the Southwesterly pro- longation of the Northwesterly line of Lot 3 in said Block, said point of beginning being the most Southerly corner of a parcel of land conveyed to Mary Vincent by deed dated January 5, 1931 and reoorded in Book 130, page 490 of .Official Records of said Sin Diego County; thanes North 210 17' East along the Southeasterly line of said land conveyed to Mary Vincent, 1008 feet, more or leas, to the center line of the County Road known as Road Survey 513 according to the Map thereof on file in the office of the County Surveyor of San Diego County; thence Southeasterly along the curve in said center line of said road, concave Easterly mad having a radius of 300 ft, for a distance of 20 feet, more or leas, to the end of said curve; thence South 26° 11' East along the center line of said road, 553.51 feet to the beginning of a tangent curve to the right in said center line, having a radius of 1000 feet; thence Southeasterly along said curve, 168.72 feet; thence South 16° 31' East along said center line 1.5.84 feet to the center line of the unnamed road, lying South- easterly of said Block 29; thence South 730 55' West along said center. line, 330 feet, more or less, to the center line of the unnamed road, between said Block 29 and 30; thence Southwesterly along said center line to its intersection with the center line of the road lying Southwesterly of said Block 30• thence North 550 26' West along said °enter. line, 544.92 feet, more or less, to the point of beginning. SECTION II. The President and Secretary are hereby directed and instructed to file with the Secretary of State of the State of California, and with the County Recorder of San Diego County, California, certified copies of this Ordinance and the necessary Certificates stating that no petition for dis- approval and veto of this Ordinance was tiled within the time provided by law, if such be the fact. -3- SECTION III. That the proper officers of the District be instructedand 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 asineaed to the San Marcos County Water District prior to the first day of February, 1959. SECTION IV. This inclusion shall be known and designated as "SAN MARCOS COUNTY WATER DISTRICT - INCWSION NO. 6." ATTEST: r ells, President of the and of Directors, San Marcos aunty Water District Anna D. Charlton, Secretary San Marcos County Water District -4- Ordered adopted and approved by the Board of Directors of the San Marcos County Water District on the 4th day of August, 1958, by the following vote, to wit: AYES: Directors Mahr, Hazeltine, Trussell, Smith, and Wells NOES: Directors None ABSENT: Directors None f 2 su. Secretary of the San Marcos County Water District, 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 Directors thereof, and that the foregoing copy of Ordinance No. 5 which becomes effective September 4, 1958, is true and correct, and that same has not been rescinded, anended or repealed. Secretary of the San Arco s County Water District, and the Board of Directors therefor.