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Ord 0023 05/1961STATEMENT AND CERTIFICATE This Statement and Certificate is made pursuant to Article 4, Chapter 2, Part 8, Division 12 (Section 3?JiJ,9) 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 15th day of May, 1961, did enact an Ordinance, a certified copy of which is attached hereto. 2. That said Ordinance becomes effective on the 15th day of June, 1961. 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 the 15th day of June, 1961. Pres ent Sa cos County r , Water District oretary, San MarcosCCoutty Water District SEAL ORDINANCE NO. 23 ORDINANCE ORDERING THE INCLUSION OF LANDS DESCRIBED IN A PETITION FIL4D ON THE 10TH DAY OF APRIL, 1961, 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 Districts No. 1 as created by Resolution No. 48, and Improvement District No. 2 as created by Resolution No. 69 and Improvement District No. 5... as created by Resolution No. 113, 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 Improve- ment Districts No. 1 and No. 2 and No. 5, signed and acknowledged by Miriam E. Henschel, William C. Avery, George F. Prayther and Marion'Prayther, 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 10th day of April, 1961, praying that the land described in said petition be included in the District, and WHEREAS, the Secretary, within forty days after filing of said petition with the Secretary, to wit: on the 1st day of May, 1961, commenced the publication of a notice of the filing of such inclusion petition in the Vista Press, a newspaper printed and published in the County of San Diego, (there being no newspaper of general circulation printed and published in the San Marcos County Water District), which notice was published once a week for two successive weeks, to wit: on May 1st and May 8, 1961 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 15th day of May, 1961, 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. (D) An announcement that any persona 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 of any they have why the land or any of it should not be included as proposed in the petition, and Ordinance No. 23 WHEREAS, the land described in the petition filed with the Secretary was all assessed to Miriam E. Henschel, William C. Avery, George F. Prayther and Marion Prayther 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 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 to the San Marcos County Water District, and Improvement Districts No. 1 and Improvement District No. 2 and Improvement District No. 5, 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, and Improvement District No. 1 and Improvement District No. 2 and Improvement District No. 5. (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 and Improvement District No. 5 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, Improvement District No. 1 and Improvement District No. 2 and Improvement District No. 5 which land is described as follows: All of Lot 1 and that portion of Lot 2 in Fractional Section 35, T11S, R3W, S.B.B. & M., in the County of San Diego, State of California and those portions of Lots 3 and !r. in Block 43 of Rancho Los Vallecitos de San Marcos, Map 806, in the County of San Diego, State of California, bounded by a line described as follows: -2- Ordinance No. 23 1. Beginning at a point on the West line of said Lot 2, Section 35, which is 300' feet North of the most Southwesterly corner of said Lot 2; said point being also a point on the boun- dary of San Marcos County Water District; Thence Southeasterly along the boundary of San Marcs County Water District, a distance of 4251 to its point of intersection with the South line of said Lot 2, Section 35, said point being 300/ East from the South- west corner of said Lot 2; 2. Thence East along said South line and said San Marcos County Water District boundary to its intersection with the boundary of Rancho Los Vallecitos de San Marcos, be- tween Post 10 and Post 11; 3. Thence Southerly along said Rancho boundary to the Southwest corner of the Northeast- erly 132' of Lot 4 in Block 43 of Rancho Los Vallecitos de San Marcos; 4. Thence Easterly along the South line of said Northerly 1321 of said Lot 4 to the East line of said Lot 4, said East line being also the boundary line of San Marcos County Water District; 5. Thence Southerly along said East line of said Lot 4 and the East line of Lot 3 of Block 43 to the Northeast corner of the Southerly 3301 of Lot 3, Block 43, Rancho Los Vallecitos de San Marcos; 6. Thence Westerly along the North line of said Southerly 330' of said Lot 3 to the Rancho boundary; 7. Thence Northerly along said Rancho boun- dary to the Southeast corner of said Lot 1 in Fractional Section 35; 8. Thence Westerly along the South line of said Lot 1 to the most Southwesterly cor- ner thereof; 9. Thence Northerly along the Westerly line of said Lot 1 and along the Westerly line of said Lot 2 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 Ordi- nance 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. SECTIONIII. 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 Ordinance No. 23 that said property has been annexed to the San Marcos County Water District, Improvement District No. 1 and Improvement District No. 2 and Improvement District No. 5 prior to the first day of February, 1962. SECTION IV. This inclusion shall be known and designated as "San Marcos County Water District - Inclusion No. 19". Amos D. Trusse1T1'resident San Marcos County Water District ATTEST: . Dennis Wood, Secretary San Marcos County Water District Ordered adopted and approved by the Board of Directors of the San Marcos County Water District on the 15th day of May, 1961, by the following vote, to wit: AYES: Directors NOES: Directors ABSENT: Directors Secretary of the San Marcos County Water District, and the Board of Directors therefor I, W. Dennis Wood, de 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 Direc- tors thereof, and that the foregoing copy of Ordinance No. 23 which becomes effective June 15, 1961, is true and correct, and that same has not been rescinded, amended or repealed. Secretary of t e San a cos county Water District, and the Board of Directors therefor