Ord 0016 08/1959STATEMENT 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 3rd day of August, 1959, did enact an Ordinance, a
certified copy of which is attached hereto.
2. That said Ordinance became effective on the 3rd day of
September, 1959.
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
30th day of September, 1959.
SEAL
/L/1 --t .AAA -440
resident, San ••a County
Water District
Secretary, San Marcos County
Water District
ORDINANCE NO. 16
ORDINANCE ORDERING THE INCLUSION OF LANDS
DESCRIBED IN A PETITION FILED ON THE 31ST
DAY OF MARCH, 1959, WITH THE SECRETARY OF
THE SAN MARCOS COUNTY WATER. DISTRICT,
MAKING THE FINDING REQUIRED BY LAW IN
RESPECT THERETO AND NAMING OF SUCH INCLUSION
BE IT ORDAINED by the Board of Directors of the San Marcos County
Water District as follow :
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 Harold E. McKinley and Glenn H. McKinley 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 peti-
tion, was filed with the Secretary of the San Marcos County Water District
on the 31st day of March, 1959, praying that the land described in said
petition be included in the District, and
WHEREAS, the Secretary, within forty days after the filing of said
petition with the Secretary, to wit: on the 20th day of April, 1959,
commenced the publication of a notice of the filing of such inclusion
petition in the Daily Times -Advocate, a newspaper 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 April 20th and April 27th, 1959
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 P.M. on the lith day of May, 1959, 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. Hearing was continued from time to time
until the 3rd day of August, 1959, and
(D) An announcement that apy persons interested in the
proposed inclusion may appear at the office of the
Board at the time of the Hearing and file objections
in writing showing cause if arr 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 Harold E. McKinley and Glenn H. McKinley on the last
equalized assessment roll of the County of San Diego. Therefore the Secre•-
tary did not mail, notices of said hearing, and
AREAS, the Affidavit of Publication of said notices 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 pre-
sented 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 found and determined that the
inclusion of said land should be made, and the Board adjourned said
Hearing pursuant to Section 321.71 of the Water Code, and
WHEREAS, on August 3, 1959, 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 inclusion of said land in the San Marcos County Water District,
and said Hearing having been closed,
NON, 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 for the best interest of said land.
(E)
That the petitioners include a majority in num-
ber of the holders of title to the land described
in the petition and represent a majority in
acreage of that land.
(F) 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 peti-
tion in the San Marcos County Water District, which land is described as
follows:
That portion of Lot !t in Block 43 of the Rancho Los Vallecitos de
San Marcos in the County of San Diego, State of California, according to
Map thereof No. 806 filed in the Office of the County Recorder of San
Diego County, December 21, 1895, described as follows:
Beginning at the Northeast corner of said lot 4, said point of
beginning being a point in the boundary of the San Marcos County Water
District;
1. Thence Westerly along the Northerly line of said Lot
and along said boundary to the Westerly line of said
Lot 4;
2. Thence leaving said boundary Southerly along said
Westerly line to the Southerly line of the Norther]y
132 Feet of said Lot 4.;
4
3. Thence Easterly along said Southerly line to a point
in the Easterly line of said Lot 4, said point being
also on the boundary of the San Marcos County Water
District;
4. Thence Northerly along said Easterly line and along said
boundary 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 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, 1960.
SECTION IV. This inclusion shall be known and designated as
"SAN MARCOS COUNTY WA'Ttli DISTRICT — INCLUSION NO. 12."'
ATTEST:
Anna D. Charlton, Secretary
San Marcos County Water District
President of
the Board of Directors, San
Marcos County Water District
Ordered adopted and approved by the Board of Directors of the
San Marcos County Water District on the 3rd day of August, 1959 by the
followingvote, to wit:
AYES: Directors Blanchard, Dodds, Mahr, Smith,
and Bussell
NOES: Directors None
ABSENT: Directors None
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. 16 which becomes effective September 3rd, 1959 is true and
correct, and that same has not been rescinded, amended or repealed.
0,11/4-1—(1_,26 (4j -nom.:;
Secretary of the San Marcos County
Water District and the Board of
Directors therefor