Ord 0026 02/1962after recording mail to
San_.Ma,rcos County Water'District
P. 0. Box 37, Saw Marcos
592
STATE AND CERTIFICATE
This Statement and Certificate is made pursuant to
Article 2, Chapter 1, Part 8, Division 12 (Section 322149)
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 January, 1962, did
enact an Ordinance, a certified copy of which is attached hereto.
2. 2. That said Ordinance becomes effective on the 15th day
of February, 1962.
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 February, 1962.
President, San -14a cos County Water District
Secretary, San Marcos County Water District
33334
FILEJPA(E NO,.
RECORDED AT REQUEST GE
AT..f.MINUTES PAST
SERIES 3 BOOK 19
OFFICIAL RECORDS
SAN DIEGO COON Y, CALIFORNIA
A. S. GRAY, COUNTY RECORDER
593
ORDINANCE NO. 26
ORDINANCE ORDERING THE EXCLUSION OF LANDS
DESCRIBED IN A PETITION FILED ON THE 22ND
DAY OF DECEMBER, 1961, WITH THE SECRETARY
OF THE SAN MARCOS COUNTY WATER DISTRICT AND
MAKING THE FINDINGS REQUIRED BY LAW IN RE-
SPECT THERETO.
BE IT ORDAINED by the Board of Directors of the San Marcos
County Water District as follows:
WHEREAS, land now a part of the San Marcos County Water Dis-
trict in the County of San Diego be excluded from the San Marcos
County Water District, pursuant to the provisions of Chapter 1,
Part 8, Division 12 of the Water Code of the State of California,
and
WHEREAS, a petition describing a tract of land proposed to be
excluded from the San Marcos County Water District, signed and acknow-
ledged by Wesley C. Chestnut, Minnie M. Chestnut, Roy E. Hardy and
Alma L. Hardy, in the manner required to entitle an instrument to be
recorded, being the owners in fee of land which has an assessed value
with improvements in excess of one-half of the assessed value of all
the privately owned land and improvements in the tract-bf land. described
in said petition, was filed with the Secretary of the San Marcos County
Water District on the 22nd day of December, 1961, praying that the
land described in said petition be excluded from the District, and
WHEREAS, the Secretary, within fifty days after filing of said
petition with the Secretary, to wit: on the 4th day of January, 1962,
commenced the publication of a notice of the filing of such exclusion
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:
January 4 and Juanuary 11,1962 and contained:
(A) A statement that the petition had been filed.
(B) The date when the petition was filed.
(e) A description of the land proposed to be excluded.
(D) The time of the hearing on said petition, to wit:
7:30 p.m. on the 15th day of January, 1962, at the
office of San Marcos County Water District, 752
West Encinitas Road, San Marcos, California, being
the regular meeting of the Board next after giving
of said notice would be completed.
(E)
An announcement that any persons interested in the
proposed exclusion may appear at the office of the
Board at the time of the Hearing and urge or oppose
the granting of the petition.
1
Ordinance No. 26 page 2
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 proceed to hear the petition and that no one appeared in
opposition thereto or presented any objection, the Board found and
determined in favor of the genuineness and sufficiency of the pe-
tition for exclusion of the said land from the San Marcos County
Water District, and said Hearing was declared closed.
NOW, THEREFORE, the Board of Directors of the San MaXcos
County Water District finds that the following are true:
(A) That said petition complies with Chapter 1 of
Part 8 of Division 12 of the County Water District
Law.
(B)
(c)
That the exclusion of the land described in said
petition is authorized by Chapter 1 of Part 8 of
Division 12 of the Water Code of California.
That the exclusion of the lands described in the
petition will be for the best interest of the San
Marcos County Water District.
(D) T1* the and:.desaribed in the petition will not be
substantially and directly benefited by its continued
inclusion in the District.
(E) The petitioners include owners in fee of land which
has an assessed value with improvements in excess of
one-half of the assessed value of all the privately
owned land and improvements in the tract to be ex-
cluded.
SECTION I. The Board of Directors of the San Marcos County
Water District orders the exclusion of all the land described in
said petition from the San Marcos County Water District which land
is described as follows:
Beginning at a point on the North South centerline of Section 16
Township 11 South, Range 3 West, distant thereon 660' Northerly
from the South line of said Section 17 (said point being also a
point on the common boundary line of the Vista Irrigation District
and'the San Marcos County Water District); thence Westerly (along
said common Districts' boundaries) 330.48 feet, more or less, para-
llel with said South line of Section 16, to the Northerly prolonga-
tion of the Easterly line of the 14.63 acre parcel as shown on Rec-
ord of Survey Map No. 1589, on file in the office of the County
Recorder of said County:
1. THENCE South 0`34" West 14 feet, more or less, along
said Northerly prolongation, to the Northerly line of
said 14.63 acre parcel;
2. THENCE North 87°39'12" West 330.47 feet along said Northerly
line of said 14.63 acre parcel, to the North and South center
Ordinance No. 26 page 3
line of the Southeast Quarter of the Southwest Quarter of said
Section 16;
3. THENCE South 0°34' West along said North and South center
line, to a point distant thereon North 0°34' East 363.13
feet from the South line of said Section;
595
4. THENCE South 87°39'12" East 330.47 feet parallel with said
South line of Section 16;
5. THENCE South 0°34' West 363.13 feet, to the North 1rne of
Section 21, Township 11 South, Range 3 West, S.B.B.& M.,
as shown on said Record of Survey Map No. 1589;
6. THENCE South 87°3p'12" East 330.48 feet along said North
line of Section 21, to the North Quarter corner of said
Section 21;
7. THENCE (leaving said common boundaries) Northerly along the
North South centerline of Section 16 a distance of 660 feet,
more or leas, to the point of beginning.
SMOTION II. The President and Secretary are hereby directed
and instructed to file in the office of the county recorder of San
Diego County, State of California, a certified copy of this Ordinance
which is prima facie evidence of the exclusion from the District of
the land herein described.
Amos D. Trussel resident of the
Board of Directors of the San Mar5os
County Water District
W. Dennis Wood, Secretary o the San
Marcos County Water Distric