Ord 0019 09/1959STATEMENT AND CERTIFICATE
This Statement and Certificate is made pursuant to
Article 4, Chapter 2, Part 8, Division 12 (Section 32149) 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 8th day of September, 1959, did
enact an Ordinance, a certified copy of which is attached hereto.
2. That said Ordinance became effective on the 8th day
of October, 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 October, 1959.
°""es "dent, Sane!' cos ounty
Water District
t c i—a—
Secretary, San Marcos County
Water District
ORDINANCE NO. 19
ORDINANCE ORDERING THE INCLUSION OF LANDS
DESCRIBE IN A PETITION FILED ON THE 6th DAY OF
JULY, 1959, WITH THE SECRETARY OF THE SAN
MARCOS COUNTY WATER DISTRICT, MAKING THE FINDINGS
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 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, and Improvement District #1 as
created by Resolution No. 48, and Improvement District #2 as
created by Resolution No. 69, 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, and
Improvement Districts #1 and #2, signed and acknowledged by
Ralph E. Swigert, Jr. and Patricia Lee Swigert, in the manner
required to entitle an instrument to be recorded, being a
majority in numbers 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 6th day of July, 1959, praying that the land
described in said petitionte 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 filing
of said peition with the Secretary, to wit: on the 18th day of
July, 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 July 18th
and July 25th, 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 3rd day of August, 1959, at the
office of San Marcos County Water District, San
Maaaos, California, being the regular meeting of
the Board next after the giving of said Notice
would be completed. Hearing was continued until
September 8 th, 1959, and
-1-
(D) An announcement that any persons interested in the
proposed includion may appear at the office of the
Board at the time of the Hearing and file objections
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 Ralph E. Swigert, Jr. and Patricia
Lee Swigert 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 saidnotice
the Board proceeded to hear the petition and all objections to
it presented in writing and it appearing that the Board has
jurisdicition 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 September 8, 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 Improvement District No. 1
and Improvement District No. 2, 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 Chaffer 2 of
Part 8 of Division 12 of the County Water
District Lew.
(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 b e for the best interest
of the San Marcos County Water District, and
Improvement District No. 1 and Improvement
District No. 2.
(D) That the inclusion of the land described in
the petition in the San Marcos County Water
District, and Improvement District No. 1 and
Improvement District No. 2 will be for the
best interest of said land.
-2-
(E) 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.
(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 petition in the San Marcos County Water District,
Improvement District No. 1, and Improvement District No. 2, which
land is described as follows:
Easterly Parcel (including N'ly 40' of Linda Vista Drive)
Parcel 1
The Easterly 220.00 feet of Lot 4 in Block 109 of 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. Excepting therefrom, the
Northeasterly 397.50 feet thereof.
Parcel 2
An easement and right of way for ingress and egress for
road purposes, to be used in common with others, over the
SEtly 40 feet of Lots 1 and 4 in Block 109 of 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. Excepting from said Easement
that portion thereof lying within Parcel 1, above described.
Westerly Parcel (including N'ly 401 of Linda Vista Drive)
Parcel 1
The Westerly 180.00 feet of the Easterly 400.00 feet of
Lot 4 in Block 109 of 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. Excepting
therefrom the Northeasterly 397.50 feet thereof.
Parcel 2
An easement and right of way for ingress and egress for
Coad purposes, to be used in common with others over the
SE'ly 40' of Lots 1 and 4 in Block 109 of Rancho Los Valle-
citos 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; and bounded by a line described as follows:
Beginning at the point of intersection of the centerline of
Linda Vista Drive with the SE'ly prolongation of the most
Elly line of said Lot 4 in said Block 109; said point being
also a point on the boundary line of San Marcos County Water
District; thence NW'ly along said centerline and along said
boundary of San Marcos County Water District, a distance of
400 feet; thence leaving said centerline and said boundary
line along a line bearing North 22°08'50" East a distance
of 172.45 feet; thence South 67°55' East a distance of 400
feet to the Elly line of said Lot 4; thence South 22°08150"
West a distance of 172.45 feet to the point of beginning.
-3-
SECTION II. The President end 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 atajring 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, Improvement District No. 1, and Improve-
ment District No. 2 prior to the first day of February, 1960.
- r
SECTION IVB This inclusion shall be known and designated
as "SAN MARCOS COUNTY WA'Tt DISTRICT - INCLUSION NO. 13."
ATTEST:
0//4-,
Amos D. Trusse ± ?resident
of the Board of Directors,
San Marcos County 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 8th day of
September, 1959 by the following vote, to wit:
AYES: Directors
NOES: Directors
ABSENT: Directors
Blanchard, Rehr, Smith,
and Trussell
None
Dodds
Secretary of the San Marcos
County Water District, and
the Board of Directors
therefor
I, Anna D. Charlton, do hereby certify Wad 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. 19 which
becomes effective October 8th, 1959 is true and correct, and
that same has not been rescinded, amended or repealed.
• qL
Secretary of the San Marcos
County Water District, and
the Board of Directors
therefor.