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Reso 0385-07/1974 RESOLUTION NO. 385 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, 6 and "A" FOR SEWER SERVICE [CHAIDEZ 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 owner of the land has given his written consent to said annexation; and WHEREAS, the owner of the land described in this Res- olution has 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 owner thereof consents 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 annex- ation and inclusion 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 -1- Resolution No. 385 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 1, 2, 6 and "A" of the San Marcos County Water District. Section 2.4 Payment by petitioner of the sum of $265.00 to cover the costs of annexation, which include attorney's fees, publication, filing fees and miscellaneous costs of annexation. Section 2.5 Payment by petitioner of the sum of $25.00 per acre or fraction thereof for annexation of the territory into the San Marcos County Water District for the use or right of use of the existing property of the District. Section 2.6 Payment by petitioner of the sum of $25.00 per acre or fraction thereof for annexation into Improvement Districts Nos 1, 2, 6 and "A" (together, not individually) for the use or right of use of the existing property in the Improvement Districts. -2- Resolution No. 385 EXHIBIT "A" All that portion of Lot 2 in Block 106 of Rancho Los Vallecitos de San Marcos, in the County of San Diego, State of California according to Map thereof No. 806, filed in the office of the County Recorder of San Diego County, December 21, 1885, described as follows: Beginning at the northeast corner of said Lot 2; thence south- westerly along the southeasterly line of said Lot a distance of 132.40 feet to the northeast corner of land conveyed to Junior Cornett et ux., by deed recorded February 13, 1964, as file number 27165; thence northwesterly along the northeasterly line of said Cornett's land a distance of 165 feet; thence north 22°08'10'' east 132.38 feet to the northeasterly line of said Lot 2; thence along said northeasterly line south 67°56'30'' east 165 feet to the Point of Beginning. -4- Resolution No. 385 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 July 1, 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 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 15th day of July, 1974, by the following roll call vote: AYES: Directors: Dutton, Vanderbeck, Dow, Mahr, Blanchard NOES: Directors: None ABSTAIN: Directors: None ABSENT: Directors: None ATTEST: //~/__Secretary of San Marcos County Water District -3-