Ord 0020 09/1959STATEMENT AND CERTMCATE
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 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
9th day of October, 1959.
SFAT
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President, San Marcos County
Water District
Secretary, an Marcos County
Water District
ORDINANCE NO. 20
ORDINANCE ORDERING THE INCLUSION OF LANDS
DESCRIBED IN A PETITION FILED ON THE 20TH
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, 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 in-
cluded in the San Marcos County Water District, signed and acknowledge by
Robert D. Burns and Frances R. Burns 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
20th day of July, 1959, praying that the land described in said petition
be included in the District, and
WHEREAS, the signer of said petition did at the time he 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 3rd day of August, 1959, com-
menced 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 August 3rd and August 10th, 1959 and Con-
tained:
(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 8th day of September, 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, and
(D) An announcement that any persons interested in the pro-
posed inclusion 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 Robert D. Burns and Frances R. Burns on the last equa-
lized 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 peti-
tion 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 found and determined that the inclusion of said land should be made,
and the Board adjourned said Hearing pursuant to Section 32)471 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 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 eater 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 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, which land is described as fol-
lows:
-2-
That portion of Lot 4 Block 12 Rancho Los Vallecito 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 most Westerly corner of said lot 5; thence South
54°50' East along the Southwesterly line of said Lot 5, 658.0 feet, more
or less, to a point on the Southwesterly line of said lot 5 which point is
also the most Easterly corner of Lot 4 in said Block 12; thence North
35°15' East, 204.6 feet to a point; then North 54°471 West 658.0 feet more
or less, to a point on the Northwesterly line of said Lot 5, Block 12;
thence South 35°15' West along the Northwesterly line of said Lot 5, 205.2
feet, more or less, to the point of beginning:
Lot 4 in Block 12 of Rancho Los Vallecitos de San Marcos in the
County of San Diego, State of California according to Map thereof 806,
filed in the Office of the County Recorder, December 21, 1895, excepting
therefrom all of Lots 1 to 6 inclusive and Lot A of Rock Springs Corners
Unit No. 1 according to Map thereof No. 3635, Records of San Diego County.
All of Lots 1 to 6 inclusive and Lot A of Rock Springs Corners
Unit No. 1 in the County of San Diego, State of California, according
to Map thereof No. 3635, records of San Diego County.
Together with the Southeasterly half of Rees Road and North-
easterly half of Grand Avenue adjacent to the above described property.
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 in-
structed 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 Improvement District No. 2 prior to the first day of February,
1960.
SECTION IV. This inclusion shall be known and designated as
"SAN MARCOS COUNTY NATER DISTRICT - INCLUSION NO. 16."
ATTEST:
Anna D. Charlton, Secretary
San Marcos County Water District
—3—
at-t449-7
Amos D. Trusser 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 8th day of September, 1959, by
the following vote, to wit:
AYES: Directors Blanchard, Mahr, Smith
and Trussell.
NOES: Directors None
ABSENT: Directors Dodds
Secretary of the San rcos 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. 20 which becomes effective October 8th, 1959 is
true and correct, and that same has not been rescinded, amended or repealed.
Secretary of the San cos ounty
Water District, and the Board of
Directors therefor