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Reso 0389-08/1974 RESOLUTION NO. 389 RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT ORDERING DETACHMENT OF CERTAIN PROPERTY FROM THE SAN MARCOS COUNTY WATER DISTRICT [READ C. MILLER DETACHMENT] WHEREAS, a petition for detachment from 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 Forma- tion 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 examination, as provided in Government Code Section 56160 through 56162, inclu- sive; and WHEREAS, the land described in said petition is the land hereinafter described in this resolution, and the owner of the land has given his written consent to said detachment; and WHEREAS, the owner of the land described in this resolu- tion has advanced to the Secretary of the San Marcos County Water District the costs of this detachment, including, but not limited to advertising, engineering and attorney's fees; and WHEREAS, the detachment of said land will be for the best interest of the District; and WHEREAS, the detachment of said land will be for the best interest of the land, and the owner thereof consents to the detach- ment of said land from the District; and WHEREAS, the Board of Directors determines that all of the land described in said petition and hereinafter described shall be detached from the District; that the proceedings had for the detach- ment herein and above referred to were genuine and sufficient 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. -1- Resolution No. 389 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT AS FOLLOWS: Section 1. The Board of Directors of the San Marcos County Water District does hereby order the detachment 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 detached from 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 condition of said detachment is as follows: Section 2.1 Payment by petitioner of the sum of $265.00 to cover the costs of detachment, which include attorney's fees, publication, filing fees and miscellaneous costs of detachment. Section 3. This resolution shall become effective immed- iately upon its final passage. Section 3.1 This resolution is adopted pursuant to Sec- tion 56322 of the Government Code of the State of California and pursuant to the resolution of the Local Agency Formation Commission adopted August 5, 1974. 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 this resolution is effective. The Secretary of this District shall further comply with the provi- sions of the Government Code Section 54900, et seq., by filing with the State Board of Equalization and with the County Assessor of -2- Resolution No. 389 Exhibit "A" All that portion of Lot 1, Block L, and of Lot 1, Block M, of Charles Victor Hall Tract, Unit No. 2, in the County of San Diego, State of California, according to Map thereof No. 2056, on file in the office of the Recorder of said County, described as follows: Beginning at a point on the Easterly line of Lot 2, Block M of Charles Victor Hall Tract, Unit No. 2, a distance thereon North 0°35'48'' West 532.17 feet from the Southeast corner of said Lot 2; thence North 68o19'02" West 347.24 feet; thence South 11039'36" West 131.87 feet to the TRUE POINT OF BEGINNING; thence, continuing South 11°39'36'' West, 123.13 feet; thence North 76°24'50'' West 339.36 feet; thence South 89°51'34" West 489.77 feet to a point on the Easterly line of 40.00 foot wide Cherimoya Drive, being a point on a 1045.47 foot radius curve, concave Southwesterly, a radial line to said point bears North 58°02'18'' East; thence Northwesterly, along said curve, through a central angle of 2°37'04'', a distance of 47.77 feet; thence, leaving said Easterly line, North 89o51'34" East 870.73 feet to the TRUE POINT OF BEGINNING. Resolution No. 389 San Diego County statements of change of boundary, together with a map or plat of the area to be detached. PASSED ~LND ADOPTED this 19th day of August, 1974, by the following roll call vote: AYES: Directors: Dutton, Vanderbeck, Dow, Mahr, Blanchard NOES: Directors: None ABSTAIN: Directors: None ABSENT: Directors: None San Marcos County Water District ATTEST: District -3-