Ord 0027 03/1962STATEMENT AND CERTIFICATE
This Statement and Certificate is made pursuant to
Article 2, Chapter 1, Part 8, Division 12 (Section 32226)
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 5th day of March, 1962, did
enact an Ordinance, a certified copy of which is attached hereto.
2. That said Ordinance becomes effective on the 5th day
of April, 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 hand and the official seal of the District
the 5th day of April, 1962.
President, San`Marcos County Water
District
Secretary./ San Marcos County Water
/ District
SEAL
ORDINANCE NO. 27
ORDINANCE ORDERING THS EXCLUSION OF LANDS
DESCRIBED IN A PETITION FILED ON THE 13th
DAY OF FEBRUARY, 1962, WITH THE SECRETARY
OF THE SAN MARCOS COUNTY WATER DISTRICT
AND MAKING THE FINDINGS REQUIRED BY LAW
IN RESPECT 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.
WHEREAS, a petition describing a tract of land proposed to be
excluded from the San Marcos County Water District, signed and acknow-
ledged by Irvin J. McCrary and Jean Probert McCrary, in the manner re-
quired to entitle an instrument to be record, 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 improve-
ments in the tract of land described in said petition, was filed with
the Secretary of the San Marcos County Water District on the 13th day
of February, 1962, praying that the land described in said petition
be excluded from the District, and
WHEZZAS, the Secretary, within fifty days after filing of said
petition with the Secretary, to wit: on the 19th day of February, 1962,E
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 printed and published
of general circulation, in the San Marcos County Water District), which
notice was published once a week for two successive weeks, to wit4
February 19 and February 26, 1962 and contained:
(A) A statement that the petition had been filed.
(B) The date when the petition was filed.
(C) The time of the hearing on said petition, to wit:
7:30 p.m. on the 5th day of March, 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.
(D)
(E)
A description of the land to be excluded.
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.
4
Osp"dinance No. 27 pate 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 proceeded 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 Marcos
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) 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.
(C) That the exclusion of the lands described in the
petition will be for the best interest of the San
Marcos County Water District.
(D) That the land described 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:
"All that portion of the West Half of Section 5, Township 11 South,
Range 3 West, San Bernardino Base and Meridian, in the County of San
Diego, State of California, according to United States Government
Survey, thereof, described as follows:
Beginning at the West quarter corner of said Section 5, as same is
shown on Record of Survey No. 594, on file in the office of the County
Recorder of said San Diego County:
1. THENCE Southerly along the Westerly line of said Section 245.99
feet to the center line of County Road Survey No. 1041, a plat
of which is filed in the office of the County Surveyor of said
County=
2. THENCE Northeasterly along said center line 533.53 feet to that
certain line described in the agreement between Charles Forman,
also known as Charles Forman, Jr., and Catherine Nesa Conterno
and Bernard Nesa, Jr., recorded July 11, 1936 in Book 523, page
464 in the Official Records of said County:
Ordinance No. 27 page 3
3. THENCE along said agreement line South 89°19108" West (record
South 89°19'40" West) 430.20 feet to the Wsterly lineof said
Section 5;
4. THENCE along said Westerly line South°08'50" East (record South
0°06'30") 65.42 feet to the point of beginning.
SECTION 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 eveidence of the exclusion from the District of the
land herein described.
Amos D. Trussell, sident of the Board of Directors
of the San Marcos County Water District
Jeann-`M. Gist, Secretary of the Board
of D•ectors of the San Marcos County
Wat District
SEAL