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