Reso 0769-10/1986RESOLUTION NO. 769
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SAN MARCOS COUNTY WATER DISTRICT ORDERING
THE ANNEXATION OF CERTAIN PROPERTY DESIGNATED
MORRIS SEELY ANNEXATION INTO IMPROVEMENT DISTRICTS
5 & 6 OF THE SAN MARCOS COUNTY WATER DISTRICT
BE IT RESOLVED BY THE BOARD OF DIRECIORS OF THE SAN MARCOS COUNTY
WATER DISTRICT as follows:
SECTION 1:
to be true:
The following facts are bereby found and determined
(a) That the San Marcos County Water District owns, operates,
and maintains a sewage disposal system under and by virtue of Improvement
Districts 5 & 6 of the San Marcos County Water District.
(b) That the owners of the land described in this resolution
have given their written consent to the annexation of said lands to the
improvement districts hereinafter designated and have, in writing, requested
the annexation of said lands to said improvement districts.
(c) That the owners of the land described in this resolution
have advanced to the Secretary of the San Marcos County Water District the
costs of this annexation, including, but not limited to, advertising,
engineering and attorney's fees.
(d) The inclusion of said land within the designated
Improvement districts will be for the best interest of the designated
improvement districts.
(e) The inclusion of said land within said improvemmnt
districts will be for the best interest of the land, and the owners thereof
consent to the inclusion of said land in the designated improvement districts
of the San Marcos County Water District.
(f) The Board of Directors determines that all of the land
hereinafter described shall be included in the designated {mprovement
districts; that the proceedings had for the annexation and inclusion herein
and above referred to were genuine and sufficient and in all respects complied
with tha Water Code of tbs State of California commencing at Section 32550.
(g) That the land herein described is within the boundaries of
the San Marcos County Water District and said lands are not a part of an
improvement district constituted for a purpose similar to the purpose of
Improvement Districts 5 & 6 of thru San Marcos County Water District.
(h) All of the owners of the land within the territory to be
annexed have given their written consent to such annexation and the Board is
thereby authorized to order tha annexation by resolution without notice and
hearing by the Board and without an election.
Resolution No. 769
Page 2
SECTION 2: The Board of Directors of the San Marcos County Water
District does hereby order the annexation of all of the lands hereinafter
described to Improvement Districts 5 & 6 of the San Marcos County Water
District pursuant to this resolution and the proceedings above referred to,
which description contained in Exhibit "A" attached hereto and made a part
hereof, is sufficient to identify the land.
SECTION 3: The conditions of said annexation to Improvement
Districts 5 & 6 of the San Marcos County Water District are as follows:
(a) The payment to the San Marcos County Water District of the
sun of $760.00, due and payable prior to the effective date of the
annexation. Said payment is for the right of use of all existing property,
real and personal of said improvement districts in accordance with District
regulations.
(b) The payment of all costs of said annexation including, but
not limited to filing, engineering and attorney's fees.
(c) The lands annexed to an Improvement district shall be
subject to existing bond issues and indebtedness of the improvement district
from and after the filing with the San Diego County Assessor of a certified
copy of this resolution as set forth in Section 32553 of the Water Code of the
State of California.
SECTION 4: This resolution shall become effective immediately
upon its final passage; this resolution being adopted pursuant to Section
32552 of tbe Water Code of the State of California. This resolution being
adopted without notice and hearing and without an election being conducted in
said territory, all in accordance with Section 32552 of the Water Code of the
State of California. The Secretary of this District shall comply with thru
provisions of the Water Code, Section 32553, and shall file a certified copy
of this resolution together with a m~p of thru territory thus annexed with the
San Diego County Assessor and the San Diego County Tax Collector and with the
State Board of Equalization.
PASSED, APPROVED AND ADOPTED this 6th day of October
following roll call vote:
1986 by thm
AYES: Directors:
NOES: Directors:
ABSTAIN: Directors:
ABS~qT: Directors:
Mason, Rutherford, Ferguson, Mahr, Newport
None
None
None
A. N~port, Pr~sid-~w-
Board of ~ectors
San Marcos County Water District
A~'r~ST:
William W. Rucker, Secretary
Board of Directors
San Marcos County Water District
DESCRIPTION
PARCEL A:
Parcel 2 of Parcel Map No. 8185, in the County of San Diego,
State of California, filed in the office of the County
Recorder of San Diego County, December 15, 1978 as File No.
78-541077 of Official Records.
PARCEL B:
An easement and right of way for ingress and egress, road and
utility purposes, including but not limited to electric
power, telephone, gas, water, sewer and cable television
lines and appurtenances thereto, over, under, along and
across those portions of Parcels 1, 3 and 4 of said Parcel
Map No. 8185, designated and delineated as "Proposed 40 Foot
Private Road and Utility Easement".
PARCEL C:
An easement and right of way for road purposes and for water,
sewer, gas, power and telephone lines and appurtenances
thereto over, under, along and across a strip of land 60.00
feet in width lying within Lot 2 in Section 36, Township 11
South, Range 3 West, in the County of San Diego, State of
California, as shown on Licensed Survey Map No. 393, filed in
the office of the County Recorder of San Diego County,
November 26, 1929, the Northerly, Northeasterly and Easterly
boundary of said strip being described as follows:
Beginning at Corner No. 7 of RANCHO LOS VALLECITOS DE SAN
MARCOS, according to Map thereof No. 806, filed in the office
of the County Recorder of San Diego County, December 21,
1885, being also an angle point in the boundary of land
described in Trustee Deed to Parsons and Parsons, Inc.,
recorded August 12, 1964 as File No. 14600; thence along the
boundary of said land as follows: North 89°00'25'' East,
34.06 feet to an angle point therein; South 60'00'00" East,
89.00 feet; South 85°20'00" East, 402.00 feet; South
59°00'00" East, 143.00 feet; South 14°00'00" East, 89.00
feet; South 23'20'00" East, 61.00 f~et; South 45'30'00" East,
127.00 feet; South 66'30'00" East, 66.00 feet; South
32°30'00'' East, 43.00 feet; North 62°30'00'' East, 43.00 feet;
South 80'00'00" East, 55.00 feet; and North 64°12'00" East,
30.44 feet to the Easterly line of said Section 36; thence
along said Easterly line South 02'18'50" West, 242.60 feet to
the Southeast corner of said Lot 2. Said easement to begin
in the Easterly boundary of County Road Survey No. 565,
according to Plat thereof on file in the office of the County
Surveyor of San Diego County and to terminate in the
Southerly line of said Lot 2 in Section 36.
XVICI NITY MAP/
SAN MARCOS COUNTY WATER DISTRICT
D^TE:9-~9-86 ANNEXATION INTO IDRAWN BY:W.D,
~': 200' I D 5