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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