Reso 0775-11/1986RESOLUTION NO. 775
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SAN MARCOS COUNTY WATER DISTRICT ORDERING THE
AMENDMENT OF THE DISTRICT'S SPHERE OF INFLUENCE
AND THE ANNEXATION OF CERTAIN PROPERTY INTO THE
SAN MARCOS COUNTY WATER DISTRICT AND IMPROVEMENT
DISTRICTS 5, 6, AND "A" FOR SEWER SERVICE
(EUGENE SHERMAN ANNEXATION)
WHEREAS, a petition for the annexation to the San Marcos County
Water District was filed with the Executive Officer of the local ~gency
Formation Co~nission of the County of San Diego; and
WH~dE~S, the Executive Officer of the local Agency Formation
Co~,~ssion has examined tha petition and determined that it is signed by the
requisite m~ber of signers, and has attached her certificate to the petition
showing th~ results of her examination, as provided in Goverranent Code Section
56150 through 56162, inclusive; and
WHEREA~, tha land described in said petition is the land hereinafter
described in Exhibit "A" attachad hereto, and the owners of the land have
given their written consent to said annexation; and
WH~.EAS, the owners of the land described in this Resolution have
advanced to the San Marcos County Water District the costs of this annexation,
including, but not l~m{ted to, advertising, engineering and attorney's fees;
WHEKEA~, the land described in Exhibit "~' attached hereto is
currently outside the District's Sphere of Influence as adopted June 3, 1985;
WHEREAS, Section 54774.2 of the Govei-L~ent Code allows a local
agency to request an amer~m~nt to the District's Sphere of Influence; and
WHEREAS, this Sphere of Influence amendment is necessary in order
for the land described on Exhibit "A" attached hereto to he annexed to the San
Marcos County Water District; and
WH~IEA~, tbe inclusion of said land will be for the best interest of
the District; and
the land, and the
District; and
the inclusion of the land will be for the best interest of
owners thereof consent to the inclusion of said land in the
WH~IREAS, th~ Board of Directors determines that all of th~ land
described in said petition and hereinafter described shall be included in the
District; that the proceedings had for the annexation and inclusion herein and
above referred to were genuine and sufficient and in all respects complied
with the District Reorganization Act of 1965, beginning with Section 56000 of
the Gove~aent Code of the State of California.
Resolution No. 775
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SAN
MARCOS COUNTY WATER DISTRICT, as follows:
Section 1: Order of annexation and amendment to Sphere of
Influence.
Section 1.1: The Board of Directors of the San Marcos County
Water District does hereby order the annexation of all of the land described
in the petition above refer~ed to; Exhibit "A", attachmd hereto and
incorporated herein, is the legal description of the land included within San
Marcos County Water District pursuant to this Resolution and the proceedings
above referred to, which said description is sufficient to identify this land.
Section 1.2: That pursuant to Section 54774.2 of the
Goverr~ent Code of thru State of California, the San Marcos County Water
District has made application to the local ~gency Formation Commlssion of the
Cotmty of San Diego for an ~m~ndment to the District's Sphere of Influence to
include the property described on Exhibit "A" attached hereto.
Section 2: Tn~ conditions of said annexation are as follows:
Section 2.1: Thru annexation is for sewer (not water ) service.
Section 2.2: Thru assumption of the territory of liability for
payment of a proportionate share of all principal and interest which shall
bec~me due on account of all outstanding sewer service bonds of the San Marcos
County Water district and the levying and collection of t~xes in the territory
necessary to provide for such payment; specifically excluding liability for
water service bonds.
District.
Section 2.3: Annexation of the territory to existing
Districts No. 5, 6, and "~' of the San Marcos County Water
Section 2.4: Payment by petitioners of th~ sum of $580.00 to
cover costs of annexation, which include attorney's fees, publication, filing
fees and miscellaneous costs of annexation.
Section 2.5: Payment by petitiners of the sum of $60.00 per
acres or fraction thereof for annexation of the territory into the District
for the use or right of use of the existing property of the District.
Section 2.6: Payment by petitioners of the sum of $60.00 per
acres or fraction thereof for annexation into Improvement Districts No. 5, 6,
and "~' (together, not individually) for the use or right of use of the
existing property in th~ Improvement District.
Section 3: This resolution shall become effective {mm~diately
upon its final passage.
Page 3
Resolution No. 775
Section 3.1: This resolution is adopted pursuant to Section
56322 of the Government Code of the State of California and pursuant to the
resolution of the Local Agency Formation Commission.
Section 3.2: This resolution is adopted without notice or
hearing and without an election being conducted in said territory all in
accordance with Section 56322 of the Gove~L~nt Code of the State of
California, and the resolution of tha Local Agency Formation Commission as
aforesaid.
Section 4: Th~ Local Agency Formation Commission shell comply
with the provisions of the Government Code Section 56450 through Section
56457, and shell file with the Secretary of State and with the County Recorder
of San Diego COUnty, certified copies of this Resolution and certificates
stating that this resolution is effective. The Secretary of the Local Agency
Formation Comm~ ssion shall further comply with the provisions of the
Goverrment Code Section 54900, et seq., by filing with the State Board of
Equalization and with the County Assessor of San Diego County statements of
change of boundary together with a map or plat of the area to be assessed.
PASSED AND ADOPED this 3rd day of November, 1986 by the following
roll call vote:
AYES: Directors:
NOES: Directors:
ABSTAIn: Directors:
ABSENT: Directors:
Newport, Mason, Rutherford, Ferguson, Mahr
None
None
None
A. qrt,
Board of Di~ctors
San Maroos County Water District
cker, Secretary
Board of Directors
San Marcos County Water District
LEGAL DESCRIPTION
That portion of lot 3 in block 12 of Rancho Los Vallecitos de San
Marcos, in th~ County of San Diego, State of California, according
to m~p thereof no. 806, filed in th~ Office of County Recorder of
San Diego County, December 21, 1895, described as follows:
Beginning at the easterly corner of th~ northwesterly 259.96 feet
of said lot;
1. Thence south 35v15' west along the southeasterly line thoreof
to th~ southwesterly line of th~ northeasterly 168 feet of said
lot;
2. Thmnce along said southwesterly line, south 55v00' east,
259.79 feet to thru northwesterly line of land conveyed by Henshaw
Investment Company to Harold A. Finney, ET ~X, by deed dated June
4, 1943;
3. Thence along said northwesterly line, north 35v15' east, 168
feet to th~ northeasterly line of said lot;
4. Thence along said northeasterly line, north 55v00' west,
259.79 feet (record 260.04 feet) to the point of beginning.
EXHIBIT "A"
EXHIBIT "B"
Approved by the Local Agency Formation
Commission of San Diego
AUG 4
RANCHO LOS
VALLECITOS DE SAN MARCOS
MAP 806
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~SCALF
)DRAWN , ,
MAPPING DIVISION
SAN DIEGO COUNTY ASSESSOR'S OFFICE
LAFCO:
THOMAS BR'OS: / '7-- m ~'