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Reso 0352-04/1972 RESOLUTION NO. 352 RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT ORDERING THE ANNEXATION OF CERTAIN PROPERTY DESIGNATED "THE GREENBRIER ANNEXATION" BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT AS FOLLOWS: Section 1: The following facts are hereby found and deter- mined to be true: (a) 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 on January 25, 1972: and (b) 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 result of his examination, as provided in Government Code Section 56150 through 56162, inclusive; and (c) The land described in said petition is the land herein- after described in this Resolution, and the owners of the land have given their written consent to said annexation; and (d) 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, adver- tising, engineering, and attorney's fees; and (e) The inclusion of said land will be for the best interest of the District; and (f) The inclusion of said land will be for the best interest of the land, and the owners thereof consent to the inclusion of said land in the District; and (g) 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 annexation and inclusion herein and above referred to were genuine and sufficient -1- Resolution No. 352 and in all respects complied with the District Reorganization Act of 1965, beginning with Section 56000 of the Government Code of the State of California. Section 2: 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. The following 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 description is sufficient to identify the land: 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 prolonga- tion of the Southeasterly line of Lot 8 of said Block 1; -2- Resolution No. 352 5. Thence Northeasterly along said prolongation and said Southeasterly line to the most East- erly 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 pro- longation thereof to the POINT OF BEGINNING. Section 3: The conditions of the said annexation are as follows: (1) The District shall form an improvement district for sewer service only, and the applicant shall request that the land described herein be included within that improvement district. (2) The assumption by the territory of liability for pay- ment of a proportionate share of all principal and interest which shall become due on account of all outstanding bonds of the San Marcos County Water District and the levying and collection of taxes in the territory necessary to provide for such payment. (3) Annexation of the territory to existing Improvement District Nos. 1, 2, 5 and 6 of the San Marcos County Water District. (4) Payment by petitioners of the sum of $175.00 to cover costs of annexation, which include attorneys' fees, publications, and miscellaneous costs of annexation. (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. (6) Payment by petitioners of the sum of $25.00 per acre or fraction thereof for annexation into Improvement Districts Nos. 1, 2, 5 and 6 inclusive (together, not individually) for the use or -3- Resolution No. 352 right of use of the existing property in the Improvement Districts. Section 4: This Resolution shall become effective immediately upon its final passage; this Resolution being adopted pursuant to Section 56322 of the Government Code of the State of California and pursuant to the Resolution of the Local Agency Formation Comm- ission adopted March 6, 1972. This Resolution being adopted without notice and 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. The Secretary of this District shall comply with the provisions of the Government Code Section 56450 through Section 56457, and shall file with the Sec- retary 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 3rd day of April, 1972, by the following roll call vote: AYES: Directors: Dutton, Vanderbeck, Dow, Mahr and Blanchard NOES: Directors: None ABSENT: Directors: None ABSTAIN: Directors: None ATTEST: ictan Marcos~ -4-