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Reso 0768-09/1986RESOLUTION NO. 768 RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISIRICT ORDERING THE ANNEXATION OF CERTAIN PROPERTY DESIGNATED "PAUL CUNNINGHAM" ANNEXATION INTO IMPROVMENT DISTRICTS 5 & 6 OF THE SAN MARCOS COUNTY WATER DISTRICT BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT as follows: SECTION 1: to be true: The following facts are hereby 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 th~ 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 ~mpro~m~nt 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 th~ 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 ~mprox~mmnt districts will be for the best interest of the designated { mprovement districts. (e) The inclusion of said land within said ~mprovement 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 ~,l?ro~ment 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 the Water Code of the 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 impro~=m~nt district constituted for a purpose s~m{lar to the purpose of Improvement Districts 5 & 6 of the San Marcos Cowry Water District. (h) Ail 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 the annexation by resolution without notice and hearing by the Board and without an election. Resolution No. 768 Page 2 SECTION 2: The Board of Directors of tb~ 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 th~ proceedings above referred to, which description contained in Exhibit "A" attached hereto and made a part hereof, is sufficient to identify the land. SECTIflN 3: Th~ 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 th~ s~ of $580.00, 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 ~mprovement 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 ~mprovement district shall he subject to existing bond issues mod indebtedness of the ~mprovement district from and after the filing with the San Diego County A~sessor of a certified copy of this resolution as set forth in Section 32553 of the Water Code of the State of California. S~CTION 4: This resolution shall become effective ~mm~diately upon its final passage; this resolution being adopted pursuant to Section 32552 of the 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. Th~ Secretary of this District shall comply with the provisions of the Water Code, Section 32553, and shall file a certified copy of this resolution together with a map of the territory thus ~ed with the San Diego County ~sessor and the San Diego County Tax Collector and with the State Board of Equalization. PASSED, APPROVED AND ADOPTED this 15th day of September, 1986 by the following roll call vote: AYES: Directors: NOES: Directors: ABSTAIN: Directors: ABS~lqT: Directors: Newport, Mason, Rutherford, Ferguson, Mahr None None None Ma~y-A. N~wpoft, President Board of Directors San Marcos County Water District Kr£~ST: Board of Directors San Marcos County Water District LEGAL DESCRIPTION FOR CUNNINGHAM ANNEXATION PARCEL A: Parcel 3 of Parcel Map no. 8185, filed in the Office of thru County Recorder of San Diego county, December 15, 1978, being a portion of Section 36, Township '11 South, Range 3 West, San Bernardino Meridian, in the City of San Marcos, as shown on licensed S~rveyors Map No. 393, Records of San Diego County, and more particularly described on the attached Exhibit "A', comprised of one page, which be reference hereto is incorporated herein.