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Reso 0354-04/1972 RESOLUTION NO. 354 RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT DECLARING THE NECESSITY FOR FORMING AN IMPROVEMENT DISTRICT TO PROVIDE SEWER SERVICE AND TO BE SUBJECT TO THE TAX- ING POWERS OF THE DISTRICT AND TO FIX THE TIME AND PLACE OF HEARING AND GIVING NOTICE OF HEARING (IMPROVEMENT DISTRICT NO. A) WHEREAS, the Board of Directors of SAN MARCOS COUNTY WATER DISTRICT deems it necessary for the District to form an Improvement District for sewer service purposes, which District shall be subject to the taxing power of the District; and WHEREAS, the Board of Directors may form an Improve- ment District within said District pursuant to Article 1, Chapter 5, Part 6, Division 12 (commencing with Section 31585) of the Water Code of the State of California; NOW THEREFORE, the Board of Directors of SAN MARCOS COUNTY WATER DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section 1: It is deemed necessary for the District to form Improvement District "A", which District shall be subject to the taxing power of the District within less than all of the District for the purpose of: the acquisition and construction of a sewer service system,including trunks, collector lines, treatment facilities, water reclamation facilities, works, machinery, pumping facilities, land, easements, rights of way and other prop- erty necessary therefore, and including all engineering, inspection, legal fees and other costs and expenses incidental thereto. Section 2: The boundaries of said proposed Improve- ment District "A" are set forth in Exhibit "A" and "B", which Exhibits are attached hereto and incorporated herein as part of this Resolution. Section 3: The Board of Directors hereby finds and determines that the land described in Exhibits "A" and "B" hereto will be specially benefited by the works described in Section 1 hereof. -1- Resolution No. 354 Section 4: The Board of Directors does hereby give notice of its intention to form and establish Improvement District "A" and to undertake the project herein described. Section 5: The costs of such project is a continuing cost for operation, maintenance, replacement, construction and acquisition of facilities necessary for the Improvement District. Section 6: The estimated cost of the project is Five Thousand Dollars ($5,000.00); the method by which the project is proposed to be financed is by taxes levied in Improvement District "A"; for purposes other than the payment of the principal of and interest on bonds, the proposed maximum amount of such tax which may be levied in any year shall not exceed Seventy-five Cents ($.75) per One Hundred Dollars ($100.00) of the assessed value of the tax- able property in the Improvement District as provided in Subsection F of Section 31596 of the Water Code of the State of California, or such other legal limit as may be provided by law through amendment from time to time. Section 7: Monday, the 15th day of May, 1972, at the hour of 3:00 o'clock p.m. on said day, at the meeting place of the Board, 788 West Encinitas Road, San Marcos, California 92069 in said District, is hereby fixed and determined by this Board of Directors as the time and place for a Hearing by this Board on the formation of San Marcos County Water District Improvement District "A", the boundaries thereof, on the project proposed to be undertaken and on the method by which the project is proposed to be financed. Section 8: Notice of this Hearing shall be given by the Secretary of the Board by publication of a copy of this Resolution in the Vista Press, Vista, California, a newspaper of general circu- lation published within the County in which the proposed Improvement District is situated, there being no newspaper of general circulation printed and published within proposed Improvement District or the District, and the Secretary shall also cause the notice to be posted in five (5) conspicuous places within the proposed Improvement Dist- rict at least ten (10) days prior to said Hearing. -2- Resolution No. 354 Section 9: A copy of this Resolution so published shall be accompanied by a notice subscribed by the Secretary, with the seal of the District attached, to the effect that the Hearing referred to in this Resolution will be had at the time and place above specified, at which place a map of the District may be seen, and at said time and place any person interested, including all persons owning property in said District, will be heard upon this matter of formation of the proposed Improvement District "A", the boundaries thereof, the project to be proposed, and the method by which it is to be financed. Section 10: The Secretary of this District is hereby ordered and directed to mail, postage prepaid, a notice of said Hearing and a copy of this Resolution to each person to whom land in the proposed Improvement District is assessed, as shown on the last equalized county assessment roll, at his address as shown upon the roll, and to any person, whether owner in fee or having a lien upon, or legal or equitable interest in, any land within the proposed Improvement District, whose name and address and a designation of the land in which he is interested is on file with the Secretary of the District. Said mailing shall be completed not less than fifteen (15) days prior to the date of the Hearing fixed herein. ADOPTED, SIGNED AND APPROVED this 17th day of April 1972, by the following roll call vote: AYES: Directors: Dutton, Vanderbeck, Dow,Mahr & Blanchard NOES: Directors: None ABSENT: Directors: None ABSTAIN: Directors: None Pof San ~arcos County Water District ATTEST: EXHIBIT "A" (to Resolution No. 354) CANADY ANNEXATION to SAN MARCOS COUNTY WATER DISTRICT PARCEL 1: That portion of Lots 2 and 4 in Section 18, Township 12 South Range 2 West, San Bernardino Meridian, in the City of San Marcos, County of San Diego, State of California, according to United States Government Survey approved December 14, 1885, lying Easterly of the following described line: Beginning at a point on the South line of said Lot 4, distant thereon North 89°59'20" West 358.59 feet from the Southeast corner of said Lot 4 as said corner is monumented on the ground and shown on Record of Survey Map No. 2323, Records of San Diego County; thence parallel with the East line of said Lot 4, North 0°00'50" East 1306.87 feet more or less, to the South- westerly boundary of the 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, 1895. PARCEL 2: That portion of Lots 5 and 7 in Section 18, Township 12 South, Range 2 West, San Bernardino Base and Meridian, in the City of San Marcos, County of San Diego, State of California, according to United States Government Survey approved Decem- ber 14, 1885, described as follows: Beginning at the most Northerly corner of said Lot 5; thence South 0'00'50'' West along the West line of said Lots 5 and 7 a distance of 1564.40 feet; thence South 89059'20" East 620.00 feet; thence North 0'00'50'' East parallel, with the West line of said Lots 5 and 7 a distance of 1245.93 feet to a point in the Northeasterly line of said Lot 5; thence along said North- easterly line North 62'48'00'' West 696.99 feet to the Point of Beginning. EXHIBIT "B" (to Resolution No. 354) GREENBRIER ANNEXATION to SAN MARCOS COUNTY WATER DISTRICT All that portion of Block 1 of Bennett Orchard Estates, Unit No. 2 and adjacent streets, in the City of San Marcos, County of San Diego, State of California, according to Map thereof No. 2123, filed in the County Recorder's Office August 1, 1928, described as follows: 1. Beginning at the intersection of the center line of Bennett Avenue as shown on said Map 2123, with the Northwesterly prolongation of the Northeasterly line of Lot 7 of said Block 1; 2. Thence Southwesterly along the center line of said Bennett Avenue to an intersection with the North- westerly prolongation of the Southwesterly line of Lot 5 of said Block 1; 3. Thence Southeasterly along said prolongation and said Southwesterly line of said Lot 5 and the Southeasterly prolongation thereof to an intersection with the center line of Palomar Drive as shown on said Map No. 2123; 4. Thence Northerly and Easterly along said center line to an intersection with the Southwesterly prolongation of the Southeasterly line of Lot 8 of said Block 1; 5. Thence Northeasterly along said prolongation and said Southeasterly line to the most Easterly corner of said Lot 8; 6. Thence Northwesterly along the Northeasterly line of said Lot 8 to the Southeasterly line of said Lot 7; 7.Thence Northeasterly along said Southeasterly line to the most Easterly corner of said Lot 7; 8. Thence Northwesterly along the Northeasterly line of said Lot 7 and the Northwesterly prolongation thereof to the POINT OF BEGINNING.