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Reso 0374-07/1973 RESOLUTION NO. 374 RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT ORDERING THE ANNEXATION OF CERTAIN PROPERTY INTO THE SAN MARCOS COUNTY WATER DISTRICT AND IMPROVE- MENT DISTRICTS 1, 2, 5, 6 and "A" FOR SEWER SERVICE [CAMPBELL, ET AL ANNEXATION] WHEREAS, a petition for the annexation to the San Marcos County Water District was filed with the Executive Officer of the Local Agency Formation Commission of the County of San Diego; and WHEREAS, the Executive Officer of the Local Agency Formation Commission has examined the petition and determined that it is signed by the requisite number of signers, and has attached his certificate to the petition showing the results of his examin- ation, as provided in Government Code Section 56150 through 56162, inclusive; and WHEREAS, the land described in said petition is the land hereinafter described in this Resolution, and the owners of the land have given their written consent to said annexation; and WHEREAS, the owners of the land described in this Re- solution 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; and WHEREAS, the inclusion of said land will be for the best interest of the District; and WHEREAS, the inclusion of said land will be for the best interest of the land, and the owners therof consent to the inclusion of said land in the District; and WHEREAS, the Board of Directors determines that all of the land described in said petition and hereinafter described shall be included in the District; that the proceedings had for the annexa- tion and inclusion herein and above referred to were genuine and suffi- cient and in all respects complied with the District Reorganization Act of 1965, beginning with Section 56000 of the Government Code of Resolution No. 374 the State of California. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF SAN MARCOS COUNTY WATER DISTRICT, as follows: Section 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 referred to; Exhibit "A", attached hereto and incorporated herein, is the legal description of the land included within the San Marcos County Water District pursuant to this Resolution and the proceedings above referred to, which said descrip- tion is sufficient to identify this land. Section 2. The conditions of said annexation are as follows: Section 2.1 The annexation is for sewer (not water) service. Section 2.2 The assumption by the territory of liability for payment of a proportionate share of all principal and interest which shall become due on account of all outstanding sewer service bonds of the San Marcos County Water District and the levying and collection of taxes in the territory necessary to provide for such payment; specifically excluding liability for water service bonds. Section 2.3 Annexation of the territory to existing Improvement Districts Nos. 1, 2, 5, 6 and "A" of the San Marcos County Water District. Section 2.4 Payment by petitioners of the sum of $225.00 to cover costs of annexation, which include attorney's fees, publication, filing fees and miscellaneous costs of annexation. Section 2.5 Payment by petitioners of the sum of $25.00 per acre 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 $25.00 per acre or fraction thereof for annexation into Improvement Districts Nos. 1, 2, 5, 6 and "A" (together, not individually) for Resolution No. 374 the use or right of use of the existing property in the Improvement Districts. Section 3. This resolution shall become effective immediately upon its final passage. 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 adopted June 4, 1973. 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 Government Code of the State of California, and the resolution of the Local Agency Formation Commission as aforesaid. Section 4. The Secretary of this District shall comply with the provisions of the Government Code Section 56450 through Section 56457, and shall 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 this District shall further comply with the provisions of the Government 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 ADOPTED this 4th day of February, 1974, provided however, this resolution is effective as of July 16, 1973, Nunc pro tunc; this resolution is adopted by the following roll call vote: AYES: Directors: Dutton, Vanderbeck, Dow, Mahr, Blanchard NOES: Directors: None ABSTAIN: Directors: None ABSENT: Directors: None ATTEST: President of ~he Board of Direct~o of San~cos County Water District ~ retary - San Marcos C u y ~~Waterr District Resolution No. 374 EXHIBIT "A" All that unincorporated area in the County of San Diego, State of California lying within the following described boundary lines: Beginning at the most Northerly point in the boundary line of the City of San Marcos as said boundary line existed on November 1, 1972, said point being an intersection of the boundary of Rancho Los Vallecitos de San Marcos between Corners Nos. 9 and 10 according to Map thereof No. 806 on file in the office of the County recorder of said County, with the Southerly boundary of County road survey 681 on file in the Office of the County Engineer of said County; thence Northeasterly along said Rancho boundary to an intersection with the Southerly line of Lot 1 of the fractional Southeast quarter of the Southeast quarter of Section 26, Township 11 South, Range 3 West, San Bernardino Base and Meridian in said County and State, also being the True Point of Beginning; thence Westerly along last said Southerly line to the Southwest corner of said Lot 1; thence Northerly along the Westerly line of said Lot 1 to the Northwesterly corner there- of; thence Easterly along the Northerly line of said Lot 1 to the Northeasterly corner thereof; last said Northeasterly corner being also the Northwesterly corner of Lot 1 of fractional Southwest quarter of the Southwest quarter of Section 25 in said Township and Range; thence Easterly along the North line of last said Lot 1 to an intersection with the Westerly boundary of said Rancho Los Vallecitos de San Marcos; thence Southwesterly along said Rancho boundary to the True Point of Beginning.