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HomeMy WebLinkAbout; CITY OF CARLSBAD-LAFCO; 86-390249; Certificate of CompletionPl-.; = ?o |-p;-ur.i-i i.,-) I.AI--CO 3 M3 A Jib SA;J in EGO COUNTY:AL AOELV-V FORMATION COMMISSIONF COMPLETION ''3an Dieguito Reorganization" of c n •::!•>! tl'OJ io VS : - .J AJSiTTT" M ERRl-L Executive Officer ?ur.su.:,'.v. to ^OVF;:.•..-•.-;.eni; Cede sections 57200-1, this Certificate is herety i.:^.;.-.^d by t:':" E::-v.:-.: ~ i ,.- Offjc-M: of the Local Agency Formation Commission r.,: 5;i;-i '.: : f. •.;•:.. C::M:: iv ":* I \ £or r-.i •• . a-h :-x'.y i'd/or • • iy'.rict involved in this change of orgar.i- '•.i-ifi-r:, ali located within San Diego Councy, arid the type on; .ir; i. ;• • i1.;o,v .-i.:-.ch :;u'.-.h city ond/cr district is as Typti of _Change of Oiro'anlzitti.on Incorporation Annexation Detachment Subsidiary District Subsidiary District Subsidiary District Annexation Ci-:y of Knc.init;is C'it.y ol" CciT isoacl Ci-'..y of "cirlnba.-! San D A e •:; u i t o VJ..». t. c r D:..'; t: r let F n c i n i h -: s 5: .-:\ ^ \ t..-_- r y O • :; t: r ^. c t. IT nci n j t..;is ?:;.re Pr'Otc-c t ion District E-iclnit HS Fire Fr o':R<'!-.ion Diftrict 8SSgt»'j;i?r^7"9^?a9Ij0- cn , BfSlSMSSn _. .A c-'.n't i ? :i^3 copy c.f tr.s rs.i;c! ut ion.'o.-rdiriar.ce crdering this change of or- ai-rii-.ii-.1: i jr:/'::; y.--j,.-r'.:.; ir. io.-i wit'po.u- nn election, or *-h>; resolution/ordi- :-.irco canfi.-r.inc an order for this char.ge of cr..j'.niz-tion/reorganization ui'te: cor.fir^ation by the voter", is attached herel-.o -,-id by reference in- ccrpojeteO hc'r.?in . ;- I«::HJ de:i'jcApt ion avd map of the boundaries of tho abovo-cited cnange oi' Oi.-Lrani7e.Mon/ieorganizat3.on ic included in said rer.olution. ':'he r.iiritj <j::Ki corditi.ons, if ?.ny, of the change of orqanization/reorgaui- zat\on are indicated on the atr.acb.ed form. I hareoy car-^fy that I have examined the above-oiLsc resolution/ordi- nance for <• change of oryatiization/'reorqar.isation, and have found that ciccujner.t to be ir. compliance with the Coinmission'» resolution approving said change of organixaticn/re'organizat ion. I further certify that, pursuant to Government Code Section 156842, the ConwJ.ss.io1". has determined the aiiir.unt of property tar. revenue to be ex- changed Lmonr' the affeoted agencieci.' Date "•"'.I -m (son 23«-aots • san dfego Local »g«ncy fonnatton ccmmlssion WOO pecWte Wtf«M*u • room 452 Will the affected property bo taxed for any indebtedness rfr contractual'obligation? If yes, Sj>«cify. boneed Slgnatur June 25, 1986 Date ll^^ •o i I sJ i(t.i --- • , i'1 . ,/'"V.» i > "• ""•* •^"^,.:'flf, •aromirnL •' ! ' f; ii !, >;:':; i1 [' iii * ii ,: v I-t't i ! * tli ., 1 CMrmM ? M»lH''l H T«»M rrowmion Olamci MMHtan lrtai».KnnwC«unly •curt of Swimlion fwlCBton Coantv Bowd of I counolmm, City of D>. OMUM «r. Hnntar Ptibic kbrMMr ',\'"l(l • '* '4* * • tmkr* >Uu S*n Mwco* Counry Wiin Otwitl kOMrt M. M«n> CoumulfTMn, City of Cftulu Vira Lln*.Ory^» ^ 1 V Counctlwotnwi. City of • I m fOM> It) m Atam*«i M«nb*n • • • ---:i 1 MMH fw ^v«r^ l>*a«M Mountain E. wt Chffirict ATTENDED ** ' CERTIFICATE RBt TEJIHS XND CONDITIONS XND INDEBTEDNESS. ^> Subject: "San Diequito Reorganization" (Incorporation) (R085-9) Certain terms and condition* are required by the Local Agency Fcr.nation Commission to b« fulfilled prior to thecompletion of the above-named change of organization. x MARIA A. TISCARENO STENOGRAPHER (Naraei (Title) do hereby certify that the terms and conditions listed below have been fully met. .. •• 1. The boundaries shall be modified to conform to amendedExhibit A and Exhibits B-D attached hereto. r§' !( V 41 1|I1 1 IE t1 2. All terras and conditions listed in amended Exhibit E 1 attached hereto. , _ •*- r. iE 1 tf'":- No. ri WEDNESDAY, JUNE 25, 1986 RESOLUTION OF THE BOARD OF SUPERVISORS CONFIRMING ORDER OF REORGANIZATION (SAN DIEGU1TO REORGANIZATION) On motion of Supervisor Bai 1ey . seconded by Supervisor BIT bray , the following resolution is adopted: WHEREAS, pursuant to the District Reorganization Act of 1965, crmnenciny with Section 56UOO of the Government Code, and in particular Section 56195 of the Government Code, application was made by resolution of the Encinitas Fire Protection District; and WHEREAS, on November 2i, 1985. and as modified on December 2, 1985 and January 6, 1986, trie Local Agency Formation Conrrission, as Resolution No. RO 85-9, adopted its "Resolution of the Local Agency Formation Commission approving a Proposed Reorganization Consisting of the Incorporation of the Community of San Die'juito; annexation of one offshore acre to the City of Carlsbad; detachment of 1,051 acres from the City of Carlsbad; establishment of the San Dieauito Water District, Encinitas Sanitary District, and the Encinitas Fire Protection District a: subsidiary Districts of the new city; annexation of territory (1,120 acres) to Encinitas Fire Protection District; dissolution of County Service Areas 3D, 34, 91, and 92 and detach.nent from County Service Area 83" approving the proposed reorganization and authorizing the Boar;'', of Supervisors to initiate and conduct proceedings for the proposed reorganization in compliance with Resolution No. RO 85-9 and pursuant to Government Code Section 56430 et *.eq.; and WHEREAS, on January 8, 1986 (7), this Board adapted Its resolution initiating proceedings for reorganization and setting a hearing on the matter for January i.9, 1986; and WHEREAS, at said hearing on January 29, 1986, this Board heard and received any oral or written protests against the reorganization, any request with respect to modification cf its terms and conditions, and any objections or evidence which were made, presented or filed; NOW THEREFORE WHEREAS, this Board closed the hearing on January 29, 1986 and adopted Its "RESOLUTION OF THE BOARD OF SUPERVISORS ORDERING REORGANIZATION INVOLVING THE INCORPORATION OF THE COMMUNITY OF SAN DIEGUITO SUBJECT TO CONFIRMATION OF VOTERS, CALLING ELECTION AND DIRECTING REGISTRAR OF VOTERS TO PUBLISH NOTICE OF F.LECTION (SAN DIEGU1IO REORGANIZATION)"; and WHEREAS, on June 2, 1986, an election was held within the territory contained in the boundaries of the proposed City as described in Exhibit A, attached hereto, and within any territory described in Exhibits B, C, or D, attached hereto, which is not Included in the boundaries of Exhibit A, on the following question: niw •o "Shall the order adopted on January 29, 1986, by the Board of Supervisors of the County of San Diego ordering a reorganization involving: (i) Incorporation of th'e community of San Dieyuito; (2} Annexation of territory to the City of Carlsbad; (3) Detachment of territory from the City of Carlsbad; (4) Reorganization of the San Dieguito Water District, Endnltas SanitaryDistrict, and Encinitas Fire Protection District, from Independent districts to subsidiary districts of the new city; (5) Annexation of territory to the Encinitas Fire Protection District; (6) Detachment of territory from County Service Area 83 - San Dieguito Local Park Maintenance; (7) Dissolution of County Service Areas 9D, 34, 91 and 92 and formation of municipal improvement districts; and (8) In accordance with the State Constitutional requirements, the establishmentof a maximum appropriations limit for the new city of $13,320,925 for FY 1987-88; be confirmed subject to the terms and conditions specified in said order?" WHEREAS, on June 3, 1986, an election was held within the territory contained in the boundaries of the proposed City as described in Exhibit A, attached hereto, on the following questions: "Shall the new city be named": (vote for one) Encinitas Rancho San Elijo San Dieguito "Shall Members of tr.e city council in future elections ba elected" (Vote forone) By District At Large In addition, voters shall cast ballots to fill the following elective offices: Manbers, City Council (vote for no more than five) 761> - 3 - MO WHEREKS, the Registrar of Biters canvassed the returns of said election and Mas certified the results of his canvas', as follows: (A) TOTAL VOTES CAST: 13,595; YES: 9,439; NO: 4,156; (8) The majority of votes cast were for naming the city Encinitas; (C) TOTAL VOTES CAST: '.2,361; BY DISTRICT: 4,548; AT LARGE: 7,816; (D) The following five candidates received the highest number of votes for the office of City Council: Marjorie Gaines (4-year term), Rick Shea (4-year term), Gerald Steel (2-year term), Anne Omsted (2-year term), Greg Luke (2-yeai term); NOW THEREFORE IT IS RESOLVED, ORDERED AND DETERMINED as follows: 1. A majority of the votes cast at the election held on June 3, 1985 on the question of confirmation of the voters of the order of this Board on the proposed San Oieguito Reorganization was in favor of such reorganization. 2. The order of this Board set forth in the "Resolution of the Board of Supervisors Ordering Reorganization Involving the Incoporation of the Cownunity of San Uieguito Subject to Confirmation of Voters, Calling Election and Directing Registrar of Voters to Publish Notice of Election (San Oitguito Reorganization)", adopted by this Board of Supervisors on January 29, 1986, is confirmed, as provided in Government Code Sections 56443 and 35262. 3. The reorganization consists of the incorporation of a new city to be called Eicinitas, having exterior boundaries as described in Exhibit A, at.cached hereto:- annexation of territory to the City of Carlsbad, the exterior boundaries of *h1ch are lescrioed in Exhibit B, attached hereto; detachment of territory, as described in Exhibit C attached hereto, from the City of Carlsbad; reorganization of the San Dieguito Watar District, tndnltas Sanitary District, and Encinitas Fire Protection District, from independent districts to subsidiary districts of the new city pursuant to the provisions of the District Reorganization Act of 1965 (G.C. 56403); annexation of territory to the Enc.init.as Fire Protection District, the exterior boundaries of which are described in Exhibit 0, attached hereto; detachment of territory, as described in Exhibit A, attached hereto, from CSA No. 83 - San Dleguito Local Park Maintertcice; and dissolution of County Service Areas 90, 34, 91 and 92 subject to the terms and conditions as stated in Exhibit E, attacned herein. 4. The terms and conditions of the reorganization are contained 1n ExhibH E, attached hereto, 5. Pursuant to Government Code Section 35262 and as specified 1n the ter.ns and conditions of tne reorganization attached as Exhibit E, the Board hereby declares that effective October 1, 1986, the territory described 1n Exhibit A, attached hereto is incorporated as a city named Encinitas. inKiuiinx.nMiio.iaiy 766 6. Pursuant to Government Code Section 35262, the system of electing council members which is adopted as a result of receiving, the highest number of votes 1s election at large. 7. Pursuant to Government Code Section 35262, Marjorle Galnes (4-year term), Rick Shea (4-year term),Gerald Stefel (2-year term), Anne Omsted (2-year term), Greg Luke (2-year term); are declared to be the members of the Encinltas City Council because they were the five candidates who received the highest number of votes for the office of City Council. 8. Pursuant to Government Code Section 35442, of the five elected members of the City Council, the tnree receiving the lowest numuer of votes shall hold office until the first succeeding general municipal election held in the city and until their successars are elected and qualified, and the two receiving the Highest nurnbt-r of votes shall hold office until the second succeeding general municipal election held in the city and until their successors are elected and qualified. If two or more members of the City Council are elected by the same number of votes, the terms of each shall be determined by lot. The members of the City Council elected to succeed the members elected at the Incorporation election shall hold office for four years from the Tuesday succeeding their election, and until their successors are elected and qualified 9. Pursuant to Government Code Section 35402, the City of Enc1n1tas shall reimburse the County for the expenses incurred by the County for conducting proceedings, Including notice of public hearing, calling and conducting theelection. 10. Pursuant to Government Code Section 54902.5, the State Board of Equalization fees shall be deferred until such time thst the new City receives Its first revenues. IT IS FURTHER ORDERED that the Clerk of this Board Immediately transmit a certified copy of this resolution to the Executive Office of tha Local Agency Formation Commission of San Diego County, so that the Executive Officer may take the actions required by Chapter 8 (commencing with Sec. 56450), Part 5, Division 1, Title b, by Chapter 8 (commencing with Sec. 54900), Part 1, Division 2, Title 5, and by C'rijpter 4 (commencing with Sec. 35350), Part 2, Division 2, Title 4, of the Government Code. ^^ 0 767 - 5 - PASSEO ,' \0 ADOPTED bv the Board of Supervisors of the County of San Diego, State of California, this'25th day of June, 1986, by the following vote: AYES: Supervisors Bilbray, Bailey, Golding, Williams, and Eckert NOES: Supervisors None ABSENT: Supervisors None STATE OF CALIFORNIA ) gg COUIU'Y OF SAN DIEGO ) I, KATHRYN A. NELSON, Clerk of the Board of Supervisors oC theCounty of San Diego, State of California, hereby certify that I have compared the foregoinc- copy with the original resolution passed and adopted by said Boerd, at a regular meeting thereof, at the time and by thu vote herein stated, which original resolution is now on file in myoffice; that the same contains a full, true and correct transcripttherefrom and of the whole thereof. Witness my hand and the seal of said Board <~>f Supervisors, thisOay of June, 1C86 (6) . (SEAL) KATHRYN A. NELSON Clerk of the Boar By ofgxpervisors aria A. mcareno ueputy Adopter '. 1/25/85 Amenred V/6/S6 All that territory in the County of San Diego, State of California, lying within the following described boundaries: Beginning at the Southwest corner of Solana Palisades, Map No. 2560 on .file in the office of the County Recorder of said San Diego County, April 26, 1949, said Southwest corner also being a point on the Westerly prolongation of the centerline of Ocean Street as shown on said Map No. 2560; 1. Thence alone the following courses and distances according to said Map No. 2.550: North 34°20' West 165.14 feet,- North ^"SB1 Her,t 146.42 feet; North 6Q°38' West 67.32 feet; North 5038'30" last 513..04 feet; North 3"23'45" West, 137.27 feet; North 63°0?.' East 105.45 ft;et; North 54°31' East 84.76 feet; North 65°36' East 139.35 feet. North 43°01139" East 97.20 feet; North 34"56' East 56.11 feet and South (56°29'10" £ast 42.18 feet to the Southwesterly right-of-way line of State Highway No. 101, Di.stric- XI, San Diego County, Route 2, Section A, Map on file in the Office of the State Division of Highways in said County; 2. Thence North 35°18' East in a straight line to the Northeasterly rignt:-of-way lin« of said State Highway 101; • 3. Thence Northwesterly along said Northeasterly right-of-way line to the intersection with a line bearing Soutb 43°04'21" West 477.72 feet (Deed) from a point on the Westerly line of the 200 foct right-of-way of the Atchison, Topeka and-Santa Fe Railway Company distant..thereon 1625.00 feet Southerly from the intersection of said westerly line and the northerly line of 5ecticn 34; Township 13 South, Range 4 West, San Bernardino Base and Merdian, according to Dnited States Government Surveys 4. Thence North 43°04'21" East 477.72 feet to the Westerly line of the 200 foot right-of-way of said Atchison, Topeka ar-3 Santa Pe Railway Company; 5. Thence Southerly along said westerly line to a line bearing North 83'44'50" West from the Northwest corner of Lot 29 of Seabright Acres, Map No. 2373 on file in the Office of the County Recorder of said San Diego County, December 10, 19<6; 6. Tber.ue South a3°44'50" East to said Northwest corner of Lot 29; EXHIBIT "A" Page 1 of 15 769 7. Thence along the following courses and distances according to s«id MaT3 No 2373: South 83 "44 '50" East 219.38 feet; North 41«04'20" Ease 114.91 feet eind North 3°50':'0" West 390.93 feet; 8. Thence North 89°40'30'" Went 20.46 feet; 9. Thence North 03°50'30' West 71.78 feet to the beginning of a tangent curvt: concave Easterly having a radius of 200.00 *eet; 10. Thence Northerly along said curve through a central angle of 30-00 '00" an arc distance of 104.72 feet; 11. Thence tangent to said curve North 26°09'30" East 55.00 feet to the .beginrirsc; of a tangent curve concave Southerly having a radiuo of 150.00 feet; 12. Thence Easterly along said curve through a central angle of 9S°.i7'50" an ?.tc distance of 249.92 feet; 13. Thence tangen- to said curve South 58°22'40" East 147.00 feet to the beginning of a tangent curve concave westerly having a radius oi 1:50.00 ieec; 14. Thence Southerly aj.ong sai'tl curve through a central angle of 45°00'00" an arc distance of 117.81 feet to the Northwesterly corner of lar.d conveyed to Hajimi Matsuraoto, et al by deed recorded August 16, 1?S5, in Book 5756, Page 277 of official records in the Office of the County Recorder of said San Diego County, said corner being in the intersection of the Northerly line of. the fouthwest quarter of the Northwest quarter of Section 35, said Township and Range, wj.th the centerline of said Rios Avenue (R.,-9. 979'j ; No courses 15, 16 17 18. Thence Easterly aj.ong said northerly line to the Northeast corner of the Southwest quarter of the Northwest quarter of said Section 35; 19. Thence South 89°29' East along tha Northerly line of the Southeast, quarter of the Northwest quarter of said Section 35 to the Northeast corner thereof, as shown on Licensed Surveyors Map No. 375, toy 1929; 20. Thence South Sg'JB'SO" East (Rec. South 89°29' East L.S. 375) 666.6 feet along the Northerly line of the Northwest quarter of the Southwest, quarter of -the Northeast quarter of said Section 35 to the Northea.-jt corner thereof; 21. Thence South D'OS1 East along the Easterly line of said Northwest quarter of the Southwest quarter of the Northeast quarter, 176.24 feet according to Record of. Survey Map No. 3749 on £ile in the Office of the County Recorder of said San Diego County, October 18, 1955; tXIHBIT "A" Paoe 2 of 15 z•o CO CO 00 R085-9 770 22. Thence along the' following courses and distances as shown on Glencrest Unit No. 2 Map No. 3562 on file in the Office of the County Recorder of said San Diego County, December 13, 1956, South 31°58'00" East 101.39 feet. South 64°53'24" East 528.54 feet and South 3:°53'24" East 1000.0 feet; 23. Thence South 83°19'03" East 78.13 feet to the Westerly right-of- way line of California State Highway 5 XI-SD-2A, Map on file in the Office of the State Division of Highways in said County; 24. Thence generally in Northerly and Northwesterly direction ilong said Westerly right-of-way line the following courses and distances: North 16°36'37" West 65.01 feet; North 22"14'09" West 362.56 feet; North 09°54'45" West 100.12 feet; North 12°53'16" East 292.41 feet; North Oli°50'29n West 367.48 feet; North 45-23 :14" We.-t 198.15 feet; North IS-OS'S?" West 394.58 feet; Nortu 58°2'J'C3" East 50.0 feet; North 18"41'31" West 245.94 feet; North 35°12'03" West 120.21 feet and North 53"42'39* West 236.20 feet; • • 25. ThPiice Northeasterly in a straight line to a point on the West li.ie of the Northeast quarter of the Northeast quarter of s?id Section 35, distant thereon South 0°42'26" West 113.12 feet from t'!\<j Northwest corner of said Northeast quarter of the Northeast quarter; 26. Thence North 0°42'26" East 113.12 feet to said Northwest corner; 27. Thrnce South 88°51'41" East 1317.48 feet along the Northerly line of ^aid Section 35 to the Northwest corner of Section 36, said Townsaip and Rtnge is shown on Record of Survey Map No. 6692 on file in the Office of the County Recorder of said San Diego County, June 15, 1966; 28. Thence South 39°50'56" East 2636.21 feet along the Northerly line of said Section 36 to the North quarter corner thereof according to said Record of Survey No. 6692; 29. Thence South 89°5C'02" East 496.08 feet along the North line of the Northwest quarter of the Northeast quarter of saii Section 36; • 30. Thence South 01001'06" West, 658.77 feec; . 31. Thence South 89048'08" East, 330.60 feet; ' ' '•' ' 32. Thence Korth 01°01'06" East, 658.95 feet; 33. Thence South 89°50'02" East along said North line 491.10 feet to the Southwest corner of the Southeast quarter of the southeast quarter of Section 25, said Township and Range; EXHIBIT "A" I Paoe 3 of 15 R&8:-9 ,34. Thence North 00°22'52" East along the west line of said southeast quarter of the southeast quarter, 681.27 feet according to Rancho ce los CibaliOE, Ma. Mo. 8323 on file in the Office of the County Recorder of said County, Merch 16, 1977; 35. Thence North 83 "38'07" East to the southwesterly rigut-of-way line of Road Survey No. 1712 (El Camino Real), 50.00 feet wide, map on file in the County Engineer's Office of said County; 36. A. Thence northwesterly and northerly along said southwesterly lir.e to the southwesterly boundary of Rancho Santa Fe, Map No. 1742 on file in tha Office of the County Recorder of said San Diego County, December 1922; 3. Thence North 32°20' viest along the southwesterly line of said Rancho Santa Fe to a line which is parallel with and distant 60-00 feet northerly, at right angles from the south line of Lot 3 of'said fractional Section 25; 37. Thence South 89"47* West, 63S.23 feet along said parallel line to the westerly line of said ^ot 3, being also the easterly line of the northwest, quarter of the southeast quarter of said Fractional Section 25; 38. Thence North 0°22'52" East along the easterly line of said quarter-quarter tr> a line which is parallel with and distant . 655.31 feet northerly, at right angles <rrom the south line of said quarter-quarter; 39. Thence westerly along said parallel line to the westerly line of said quarter-quarter; 40. Thencs North 0°26'19" Zast along said westerly line and along the westerly line of the southwest quarter of the northeast quarter of said Fractional Section 25 to a point distent thereon North 0°26'19" East, 780.00 feet fror. the southwest corner of srid southwest quarter of the northeast quarter; 41. Thence leaving said westerly line, North 6C°26'19" East, 959.06 feet; 42. Thence North O'lS'10" East, 72.00 feet to a point in the northerly line of said quarter-quarter distant South 89°56'41" East, 830.59 feet from the northwesterly corner thereof; 43. Thence continuing North 0°25'19" East, 128C.95 feet; 44. Thence South 60"26'19" West, 559-06 feet _o a point in the westerly line of the northwest quarter of the northeast quarter of said fractional Section 25; 45. Thence northerlv along the westerly line of said quarter-quarter to the north line of said Fractional Section 25; EXHIBIT "A" Page 4 of 15 «^MnMmi.<iMHaNumiHi«nii«ttiii4.j>>Mi*W»w>w^^ «Li^ i«"^fc ROS5-9 46. Thi nee South 89°49' East said Map No. 1742; .<< 773 1579.39 feet to the westerly line of 47. Thence North 2348'West along said wes'3rly line to an angle point therein, said point being also corner Jlo. 5 as shown on said Licensed Survey Map No. 197; 43. Thence North 43°30'30" East along the northwesterly line of said Ma? No. 1742 to the center line of Second Street (closed) as shown on the Colony Olivenhain, according to Map Mo. 326 on file in the County Recorder's Office of said County, July 8, 1885; A. Thence North 72°23' West along said center line to the intersection with the center line of "F" Street (closed), as shown on said Map No. 326; B. Thence along said center line North 15°31'47" Fast, 402-02 feet; C. Thence leaving said ce.iter line. North 74°28'13" West, 40.00 feet to the southeasterly line of Eiock 9, said Map Mo. 326; D. Thence North 72°27'45" West, 302.29 feet to the northwesterly line of said 31ock 9; E. Thencs leaving said northwesterly line. North 74°28'13" West, 40.00 feet to this intersection with the center line of "E" Street (closed) at> shown on said t'.ap "o. 321"; 50. A. Thence northeasterly along said center line to the southerly line of Fourth Street, as shown on said Map Mo. 326; B. Thence southeasterly along s.iid southerly lint; to a line which bears South 15"33'39" "est from a point in the northerly line of said Fourth Street distaat South 72°30'50" East, 99.96 feet from an intersection wj th the center line of "G" Street (clored), as shown on said Map Ho. 326: C. Thence North 15°33'39'' East along said line to the northerly line of said Fourth Street; 51. A. Thence Ncrth 72°30'5Q" Kest, 99.96 feet along said northerly line to the center line.of said "G" Street; • • B. Thence North 15°33'39" East, 715.29 feet along said center line to the southerly line r.f Fifth Street, as shown on said Map No. 326; 52. A. Thence southeasterly along said soutl.^rly line to the easterly line of said "G" Street; E. Thence northeasterly along said easterly line to the center line of Fifth Street (closed);r-VUTDT"1 " 1 M 54. 55. 56. 51, 58. 59. (0. Thence No ft* 15°36'53" East, 823.06 feet and North 15039';5" West, 309.17 feet along said center line to the center line of 7th Street (closed) as shown on said Map No. 326; Thence along said center line of 7th Street, South 72°51'59" East, 252-91 feet; Thence leaving said center lin-a, North 15°35'56" East, 799.45 feet to the center line of EightV. Street (closed ) as shown on said Mac No. 326; Thance North 72°47'24" West, 252.92 feet along said center line 10 the center line of said "H" Street \closec); Thence North 15°35'56" East, along said center line to the .lorth line of Ninth Streat as shown on said Map No. 326; Thence South 72M4'01" E.'st, along said north line to the center line of "J" Stiaet (closed) as shewn on said Map No. 326; Thence North 15°40'13" East, along said center line of said "J" Street to the northerly line of Road Survey No. 448 (El Catnino D«l Norte), Map on file in the County Engineer's Office of said County; 61. 62. 63. 64 County; Thence southeasterly along said northerly line to the northwesterly line of said ;iap No. 1742; Tl.ence North 4 3° 30 '30" East along said northwesterly Line to an angle point therein, said pcint being also corner Mo. 4 as shown on said Licensed Survey Map No. 197; Thane* South 65°12'50" East, (Record - South 67° West) along the northeasterly line of said Map No. 1742 to a point distant thereon North 65°12'50" West, 1180.00 feet from the southeasterly corner of Fractional Section 17, Township 13 South, Range 3 West, San Bernardino Base and Meridian, being &lso en angle point in the boundary of the Rancho Santa Fe Community Services District, •• established by their Resolution No. 85-6, adopted March 11, 1985, by said district; Thence leaving said northerly boundary along said district boundary the following courses: *,. Korth 6*32' 59" Viest, 265-00 feet (record North 6"04' West); ' B. North 67-06' 55" East, 1238.00 feet (Record - North 66°52'50" East) to the aast line of. said Section 17; Then •* northerly along the east line of said Section 17 to the corner thereof; EXHIBIT "A" Page 6 of 15 I R085--9 66n. Thence northerly along the west line of Section 9, said Township 13 South, Range 3 West, to the northwest corner of the southwest auarter of the southwest quarter of said Section 9; 66E. Thence easterly alcng the north line oi said cuarter-quarter to the northwest corner of the north half of tfe northeast quarter Q- the southwest quarter of the southwest quarter of said Section 66C. Thence southerly along the west line of said north half to the southwest corner thereof; 66D. Ther.ce easterly along the south line of said north half to the east l.i.ne of the west quarter of said Section 9; 67. Thence northerly along said east line and along the east line of the west quarter of Section 4, said Township and Range to the east and west center lint of said Section 4; 68. Thence westerly along said east and west center line to the east line of fractional Section 5, said Township and Sange; 69. Thence Nc-rth 0°57'05" West, 1363.47 feet (Record - North 0"57'05" .lest) along said east line to the north line of the south half of the north half of said Section 5; 70. Thence along said north line South 89°55'40" Hest, 2014.96 feet; 71. Thence leaving said north line South 0°25'28" West, 307.41 feet to a non-tangent 1937.00 foot radius curve concave southwesterly, a radial line bearing South 49"36'05" West from said point; 72. Thence northwesterly, 1022.26 feet along said curve through a central angle of 30°14'17"; 73. Thence North 70°38'12" West, 145.02 feet to a tangent 20.00 foot radius curve concave southeasterly; 74. Thence northwesterly, westerly, and southwesterly 31.42 feet along said curve through a central angle of 30000'00"; 75. Thence South 19°21'43" West, 12.40 feet to a tangent 851.00 foot radius curve concave northwesterly; 76. Thence southwesterly, 479.39 feet along said curve through a .Cferitr&l angle of 32° 16'34".; . '. • 77. Thence South 51°38'22" West, 389.48 feet to tha easterly boundary of the Rancho Las Encinitas, according to Kap thereof No. 848, filed in the Office of the County Recorder of said San Diego Coun 78. Thence northerly along said easterly boundary to the •••^utheast corner of Fractional Lot 6 of said Rancho Las Encinitas; SO COURSES 79, 80, 81, 8?., 83 EXHIBIT "A" Page 7 of 15 ty; R085-9 84. Thence Westerly along the Southerly line of said Lot to the Southwesterly corner thereof; 85. Thence Southerly along the Easterly lines of Lot.s 8 and 15 of said Map No. 848 to the Southerly lire of said Lot 15; 86. Thence Westerly along said line to a point 835.00 feet Easterly from the Southwest corner of said Lot 15; 87. Thence North 6°40' West, 612.00 feet; 88. Thence North 87°25"34" rfest, 803.75 feet to the Westerly line of said Lot 15; 89. Thence Southerly aaong said line to the Southerly line of Lot 14, said Map No. 848; 90. Thence Westerly along said Southerly line to the South- westerly line of Road Survey No. 454-A (Rancho Santa Fe Road), riap on file in the County Engineer's Office of said County; 91. Thence Northwesterly along said Southwesterly line to a line bearing North 8?°03I55" East from a point on the Westerly line of Lot 13, of Map No. 848, distant thereon 1323.85 feet Northerly from the Southwest corner thereof; 12. Thence South 11"03'55* West to said Westerly line of Lot 13 being also the Easterly line of Lot 12 of said Hap 848? 93. Thnnce North 2°50'30" East, 1323.84 feat along the easterly line oi said Let 12 to the northeast corner thereof, being also the southeast corner of Lot 11 of said Map 848; 94. Thence North 3°?5'15" VJest along the easterly line of said Lot 11 to the northerly right-of-way line of San Diego County Load Survey Ko. 1631 fClivenhain load - 60 feet wide), map on file in the Office of the County Engineer of said County; 95A.Thence westerly and northwesterly.along said northerly line of said Rocid Survey to the point of intersection with the '. • " easterly right-of-way line of Road Survey No. 1800-1, ' ' • (approved September 8, 1970) map on file in the Office of the County Engineer of said County, said point being in the arc of a non-tangent 9045.00 foot radius curve concave westerly, a radialjine to said point bears South 88°55'18" Cast; r.x::iciT "A" Page 8 of 15 77 4 .R085-? 95E. Thence generally southerly along said easterly right-of-way line to the intersection with the east-west center line of Section 11 Township 13 South, Range 4 West; 95C. Thence westerly along said east-west center line to the east line of the west half of the southwest quarter of said Section 11; 95D. Thence southerly alone said east line to the south line of said Section 11; 95E. Thence westerly along said south line to the southwest corner thereof, being also the southeast corner of Section 10, said Township and Range; 95F. Tbei.ce northerly along r.he east line of said Section 10 to the north line of the south quarter of sa-d Section; 95G. Thence westerly along said north line to an intersection with the westerly line of Road Survey No. 700 (Saxony Road) Hap on file in the County Enyineer's Office of said County; 95H, Thence southerly along said westerly line to a line which bears South 89°49'30" West rrom a point in the east line of t.te southwest quarter of the southwest quarter of said Section 10 distant thereon North 1°08' East, 388.02 feet from the southeast corner of said quarter-quarter, said point being Point "A"; 931. Thence South 89°49.'30" West along said line to an intersection with the easterly right-of-way line of State Highway XI-SD-2A map on file in the Off:ce of the State Division of Highways of said County, said point of intersection bears South 8d"49'30" West, 629-07 feet from said Point "A"; 95J. Thence along said easterly right-of-way line as follows: A. Ncrth 1.8°221].C" West, 313.70 feet; B. North 16C35'45" West, 250-20 feet (Record - North 15°56'28"West); C. iJorth 14°18'44" West, 300-00 feet (Record - North 13°39' West); D. North 20°10'11" West, 352.28 fee.t; . . E. North 2"20'20" West, 127.47 feet (Record 119.26 feet) to an angle point therein, said angle point being the southeasterly corner of the land conveyed to T. Weber and Lydia Weber, by deed dated June 19, 1929, and recordad in Sook 1650, page • 424 of Deeds, of said County; EXHIBIT "A" Page 9 of 15 I: iij R085-9 777 — 95K. 95L. 95M. 95K- 950. 95P. Thence leaving said easterly right-of-way North 35°45' East 521.94 feet to the most southerly corner of the land conveyed to Herbert G. Stewart by deed dated April 16, 1929, and recorded in Book 1615, page 349 of DeeJ.s; Thence North 60°East, 58.16 feet along the southeasterly line of the land so conveyed to said Stewax't to the westerly line of the land conveyed to Lester H. Smith and Ka*-.herine A. Smith by deed dated ,V.ay 3, 1930 and recorded in Book 1772 page 150 of deeds; Thence along said westerly line, South 1°02' West, 285.26 feet; Thsmce leaving said westerly linfi, South 89°43' East to the easterly line of. said Road Survey No. 700 (Saxony Road) ; Thence northerly along said easterly line to the north line of the south half of the southeast quarter of the northwest quarter of said Section 10; Thence South Sg^ig1 East along said north line to the north-soutt. center line of said Stction 10; 95Q- Thence southerly alone- said north-south center line to the southerly line of Road Survey No. 462 (Union Street) Map on file in the County Engineer's Office of said County; 95R. Thence easterly along said southerly line; and the easterly prolong- at .on thereof to the easterly line of Road Survey No. 373 (Guail Gardens Drive) !-'.ap on file in the County Engineer's Office of slid County; 95S. Thence North 17° 40 '35'' '.•Jest along said easterly line to the east-west center line of said Section 10; 9-". Thence South P9°02'40" East along said east-west centerline to a point distant thereon South 8D°02'40" Eas.t, 687.76 feet from the center of said Section 10; 95U. Thence leaving said east-west center line North lt'°12'12" West, 172.85 feet to the southerly line of Parcel Map No. 4957, filed in the County Recorder's Office of said County; 95V. Thence So»ch 8s"07''59" Zast along said southerly line. *-o the east line of the southwest quarter of the northeast quartei of said Section 10; EXHIBIT "A" Page 10 of 15 R035-9 95W. Thence northerly along said east line to the northeast corner thereof; 95X. Thence North 89C44'30" West, 1318.70 feet along che north line of said cuirter-quarter to the north-south center line of said Section 10: 9SY. Ihence North 2"16"51" East, 1299.48 feet along said north-south center line to the north line ot said Section 10, being also tne south line of Section 3, said Township and Ranqe; 96A. Thenet North C°02'16" East, 1976.36 fefct along the north-south center line of said Section 3 to.the northerly line of Fox Point, according to Map thereof No. 7832, filed in the Office of the County Recorder of San Dieco County; 963 Thence South SB°51'47" East, 138.29 feet along the northerly line o£ said Fox Point to the northeast corner thereof; 96C. Thence alone; the northerly prolongation of the east line of said Fox Point, North 0°02'16" East, 658. 43 feet roore or less to the east-west center line of said Section 3; S6D. Thence leaving said east-west centerline North 7°31'06" West to a point in a line that is parallel with and distant southerly 660.00 feet measurac at right angles from the northerly line of Lot 2, said Section 3; 96E. Thence easterly aJong said last mentioned parallel line to a point in a line that is parallel with and distant easterly 495.00 feet measured at right angles from the westerly line of paid Lot 2: 96F. Thence northerly along said last mentioned parallel line to a point in a line that is parallel with and distant southerly 306.00 feet measured at .right angles frcm the northerly line of said Lot 2; 96G. Thence easterly along said last mentioned parallel line to the west line of said Lot 1 of said Section ?; 96H. Thance southerly along said westerly line to a point in a line that is parallel with and distant southerly J80.00 feet measured at right angles from the northerly line of said Lot 1; •961. Thence easterly along said last mentioned parallel line .to the easterly line of said Section 3, being also the westerly line o'£ Section 2, said Township and Range; 97. Thence northerly along the westerly lint: -f Section 2 to tha northerly line thereof; EXHIBIT "A" Page 11 of 15 E'lJiV' V •IV 1 -run 7 R08S-779 98. Thence Easterly along said Northerly line to the North- South center line of Section 35, Township 12 South, Range 4 Wesf ; 99. Thence northerly along the north-south center line of said Section 35 uo the southerly line of Road Survey No. 1736-65 (La Costa Avenue) map on file in the County Engineer's Officeof said County; 100. Thence generally westerly along said southerly line to the intersection with the easterly line of said State HighwayXI-SD-2-A (Interstate 5} said point of intersection being the most easterly corner of that certain parcel of land relinquished to the County of San Diego from the State of California by relinquishntent No. 14729, as shown on Sheet 11 of State Highway Hap No. 56 on file in the Office of the State Division of Highways of said County, also being a point in a non-tangent 399,99 foot radius curve concave southeasterly, a radial line bears North 33°06'13" West to said poil.t; 101. Thence along the boundary of said parcel of land the followingcourser: A. Southwesterly, 307.06 feet along said curve through a central angle of 43°59'05" to the easterly line of Lot 9 of Section 33, said Township and Range; B. North 0-4.2 -07" West, 65.19 feet along said easterly line to a point in a non-tangent 479.98 foot radius curve concave easterly, a radial line bears North 67°49'42" West to said point; C. Southerly, 131.47 ieet along said curve through a central angle of 15e41'36"; D. South 6"28'42" West to the southerly line ofLot 9; EXHIBIT "A" Page 12 of 15 *i!ij&; lit 780 ROS5-9 102. Thence westerly along said southerly line to a line which bears South 34<'17'20" East (Record-South 34*06' East) from the southeasterly- corner of Lot 1 of Avocado Acres No. 3, according to map thereof No. 2063, filed in the County Recorder's Office of said County, October 3, 1927; 103. Thence North 34°17'20" West along said line to the south- easterly corner of said Lot 1, being a point in the northerly line of Road Survey No. 346 (La Costa Avenue) map on file in the County Engineer's Office of sa^d County; 104. Thence westerly along said northerly line to a line which bears South 7*01'34" West from an angle point in the westerly line of said State Highway formed by the courses "North 75°32'04" East 125.00 feet and North 7°01'34" East, 37.76 feet", as shown on said State Highway map; 105. Thence North 7°01'34n East along said line to said angle point; 106. Thence along the westerly line of said State Highway the following coursts: A. North 7°01'34" East, 37.76 feet; B. Nor.,h 16'12'31* West to an angle point; C. North 50022'41" West, 134.98 feet; U. North 43'2S'30" West, 241.70 feet to the easterly boundary line of Lot 8 of said Section 33; — - 107. Thence northerly along said easterly boundary line to the northerly boundary line of Lot 8 of said Section 33, being also the southerly meander line of the Salt Harsh of the Batiquitos Lagoon, as the said meander line of the said Salt Marsh is shown and depicted upon the plat of Fractional Township 12 South, Range 4 West, S.B.B. & M., dated October 25, 1875, on' file in the O. s. Surveyor General's Office, San Francisco, California; CXHICIT "A" Pago 13 of 15 iiBrw. X. ROSS -:'781 108. Thence northwesterly and southwesterly along the northerly boundary line of Lot 8 of said Fractional Section 33, to its intersection with the easterly line of Lot 7, said Section 33; 109. Thance southwesterly, westerly and southwesterly along the northerly line of said Lot 7 of said Fractional Section 33, which is also the abovementioned meander line of said Salt Harsh, to the Tost westerly corner of said Lot 7; 110. Thence continuing along said meander line to the northeasterly line of State Highway XI-SD-2-B (Formerly U.S. 101 as located in July 1955); 111. Thence generally southeasterly along said northeasterly line to the intersection witu the northeasterly prolongation of the northwesterly line of that certain road easement, 60 feet in width, conveyed to Milton R. and Audrey J. Nims, husband and wife, as described in Exhibit "C" of the grant of easement recorded April 29, 1976, by file page 76-127564 in official records of said county, the center line of said roaj easement, being described as follows: Beginning at the intersection of the northerly line of lot 10 of Section J3, Township 12 South, Range 4 West, San Bernardino Base and Meridian, as said Lot 10 is shown on Record of Survey No. 528, filed in the County Recorder's Office on February 7, 1936, with the southwesterly line of California State Highway Road XI-SD-2-E; thence South 66°46' West along said northerly line of lot 10 and along the prolongation thereof 459.74 feet to an angle point in the westerly boundary of the land described under Parcel 2 in daed to George N. Rhue, et ux, recorded- January 5, 1955 in Book 5486, page 291, Official Records; thence along said boundary line South 36°44' East, 108.27 feet; thence South 37°56' West, 30.51 feet thence continuing along the boundary of said Rhue land. South 51°04' East, 77.50 feet; thence South 67*32' East, 75.00 feet; thence South 78°12I; East 100.00 feet, to point "A"; being the northwesterly corner of said 60.00 feet wide road easement; thence continuing along the boundary of said Rhue land, South 14° East, 30.00 feet to the true point of beginning of said center line; thence North 76° East, 29.50 feet to the beginning of a curve concave to the north and having a radius of 100.00 feet; thence along the arc of said curve, 59.341 feet: thence worth 59" East, 28.00 feet to the beginning of a curve concave to the south and having a radius'of 189.50 feet; thence along the arc of said curve, 56.116 feet; thence along the arc of a reverse curve concave to the north and having a radius • of 189.50 feet, j.55.282 feet; thence along tho arc of a .reverse curve concave to the south and having a radius of 189.50' feet, 59.450 feet; thence North 46°59'30" East to the intersection with the southwesterly line of California State Highway Road Xl-SD-2- B, said intersection being the terminal point of center line 'of the 60.00 foot wide easement; EXHIBIT "A" Page 14 of 15 ROBS-9 732 - -siss-is r.'r^L-ruSlo^S""is .* - easement to said poir.t A ; U3. Thence Korth 78-12- West, 100.00 feet; U4. Thence North 67«32' West, 75.00 feet; 115. Thence North 51-04- West, 77.50 feet; """" 117. ,„.„.=, *,. ..«, 3 .1...•>««•"«' " "" S"" point of beginning. 12,81.0 + or - acres (land) 13,190 + or - acres (water) sc:na Jan. 13, 1986 IJL.CO ACTDVW) by ihi Ual ACMCIT-^ Comitumoo at SMI Dnta JAN-6 fm nation EXHIBIT "A" Page 15 of 15 r 783 ANNEXATION TO THE CITY OF CARLSBAD PARCEL, NO. 1 All those submerged lands of the Pacific Ocean, in the County of San Eiego, State of California, lying within the following described boundaries: Beginning at the most westerly corner of Lot 7 of Section 33, Township 12 South, Range -1 West, San Bernardino Dase and Meridian, being also the southerly meander line of the Salt Harsh of the B-itiquitos Lagoon, as the said meander line of the said Salt Marsh is shown and depicted upon the plat of fractional Township 12 South, Range 4 West, S.B.B. & M-, daced Octcber 25, 1875, on file in the O.S. Surveyor General's Office, San Francisco, California; 1. Thence continuing along said meander line to the northeasterly line of Stata Highway XI-SD-2-B (Formerly O.S. .10.1 as located in July 1955); 2. Thence generally southeasterly along said northeasterly line to the intersection with the northeasterly prolongation of the northwesterly line of that certain road easement, 60 feet in width, conveyed to Milton R. and Audrey J. Nims, husband and wife, as described in Exhibit "C" of the grant of easement recorded April 29, 1976, by file page 76-127564 in official records of said county, the center line of said road easement, being described as follows: Beginning at the intersection of the northerly line of lot 10 of Section 33, Township 12 South, Range 4 West, San Bernardino Base and Meridian, as said Lot 10 is shown on Record of Survey Ho. 52&, filed in the County Recorder's Office on February 7, 1936, with the southwesterly line of California State Highway Road XI- SD--2-B; thence Soutii 66°46' West along said northerly line of Lot 1.0 and along the prolongation thereof 459.74 feet to an angle point in the westerly boundary of the land described under Parcel 2 in deed to George N. Rhuet et ux, recorded January 5, 1955 in Book 5486, page 291, Official Records; thence along said boundary line South 36°44' Ecirt, .108.27 feet: thence South 37e56' West, 30,,91 feet thrnce continuing along the boundary of said Rhue land, South 51°04' East, 77.50 feet; thence South 67°32' East, 75.00 feet; thence South 7B°12' East 100.00 feet, to point "A"; being the northwesterly corner of said 60.00 feet wide road easement; thence continuing along the boundary of said Rhue land. South 14" East, 30.00 feet to the true point of beginning of said center line; thence North 76° East, 29.50 feet to the beginning of a curve concave to the north and having a radius of 200.00 feet; thence along the arc of said curve, 59.341 feet; thence .. North 59° East, 28.00 feet to the beginning of a curve concave to the south and having a radius of 189.50 feet; thence along the arc of said curve, 56.116 feet; thence along the arc of a reverse curve concave to the north and having a radius of 139.50 feet, EXHIBIT "E" Page j of 2 it 1 784 3. 4. 5. 155..2B2 feet; thence along the arc of a reverse curve concave to the south and having a radius of 189.50 feet, 59.450 feet: thence North 46°59'30" East to the intersection with the southwesterly line of California State Highway Road XI-SD-2-B, said intersection being the terminal point of center line of the 60.00 foot. Wide easement; Thence generally southwesterly along said northeasterly prolongation and the northwesterly line of said 60 feet wide road t to said point "A"; Thence North •78°121 West, 100.00 feet; Thence North 67°32' West, 75.00 feet; 6. Thence North !51°04' West, 77.50 feet; 7. Thence South 64°16' West to an intersection with the mean high tide lina of the Pacific Ocean, and the true point of beginning; 8. Thence northwesterly along said mean high tide line to the intersection of said southerly meander line of the Salt Marsh of the Batiquitos Lagoon; 9. Thence southwesterly along a line parallel with the most southeasterly line (having a bearing South 51°33'10" West) of that certain uninhabited territory known and designated as the "St, Halo Beach Addition to the City of Oceanside" annexed to said City of Oceanside on November 3, 1950, pursuant to Ordinance No. 668 adopted by the City Council of said City of Oceanside on September 13, 1950, said parallel line being prolonged southwesterly from the intersection of Mean High Tide Line of the • Pacific Oceen and the southerly meander line of the Salt Harsh of the Batiquitos Lagoon, as the said meander line of the said SaltMarsh as shown on the aforesaid plat of fractional Township 12 South, Range 4 West, S.B.B. i M., to the intersection with a line which bears due west from the true point of beginning; 10. Thence due east along said line to the true point of beginning. 1.00 + acre EC: iw 12/19/85 LATCO Apprewd by tin Loal Aftnqr Fomutton JAN -6 EXHIBIT 'IE"Paqe 2 of ?. ~r J DETACHMENT FROM THE CITY OF CARLSBAD PARCEL NO. 2 All those submerged lands of the Pacific Ocean, in the City of Carlsbad, County of San Diego, State of California, lying within the following described boundaries: Beginning at the most westerly corner or Lot 7 of Section 23, Township 12'South, Range 4 West, San Bernardino Base and Meridian, being also the southerly meander line of the Salt Marsh of the Batiquitos Lagoon, as the said meander line of the said Salt Harsh, is shown and depicted upon the plat of Fractional Township 12 South, Range 4 West, S.B.B. fc M.., dated October 25, 1875, on file in the U.S. Surveyor General's Office, San Francisco, California; 1, Thence continuing along said meander line to the northeasterly line of State Highway XI-3D-2-B (Formerly U.S. 101 as located in July 1955) ; 2. Thence generally southeasterly along said northeasterly line to the intersection with the northeasterly prolongation of the northwesterly line of that certain road easement, 60 feet in width, conveyed to Milton R. and Audrey J. Nims, husband and wife, as dsscribed in Exhibit "C" of the grant of easement recorded April 29, 1976, by file page 76-127564 in official records of said ccunty, the center line of said road eusenrjnt, being described as follows: Beginning at the intersection of the northerly line of lot 10 of Section 33, Township 12 South, Range 4 West, San Bernardino Base and Meridian, as said Lot 10 is shown on Record of Survey No. 523, filed in the County Recorder's Office on February 7, 1936, wj..:h the southwesterly line of California State Highway Road XT- SD-2-B; t-.hence South 6u°46' West along said northerly line of Lot 10 and along the prolongation thereof 459.74 feet to an angle point in the wes' erly boundary of the land described Lader Parcel 2 in deed to George N. Rhue, et ux, recorded January 5, 1955 in Book 5486, page 291, Official Records; thence along said boundary line South 3fa°44' E^st, 108.27 feet; thence South 37°56' West, 30.91 fee; thence continuing along the boundary of said Rhue land, South 51°04' East, 77.50 feet; thence Soutli 67°32' East, 75.00 feet; thence South 78°12'-East 100.00 feet, to point "A"; being the northwesterly corner of said 60.00 feet wide road easement? thence continuing along the boundary of said Rhue land, South 14° East, 30.00 feet to the true point of beginning of said center line; thence North 76° East, 29.50 feet to the beginning of a curve concave to the north antf having a radius of 200.00 feet; thence along the arc of said curve, 59.341 feet; thence North 59° East, 28.00 feet to the beginning of d curve concave to the south and having a radius of 189.50 feet; thence Llong the arc of said curve, 56.115 feet; thence along the arc of a .'everse EXHIBIT "C" Page 1 of 2 JAN-6 Ross-9 • -0 786 curve concave to the north and having a radius of 189.50 feet, 155.282 feet; tnence along the arc of a reverse curve concave to the south anc having & radius of 189.50 feet, 59.450 feet; thence North 46°59'30" East to the intersection with the southwesterly liiie of California State Highway Road XI-SD-2-B, said intersection being the terminal pcint of center line of the 60.00 foot wide easement; 3. Thence generally southwesterly along said northeasterly prolongation and the northwesterly line of said 60 feet wide road easement to said point "A"; i| 4. Thence North 78°12' West, 100.00 feet; 5. Thence North 67°32' West, 75.00 feet; 6. Thence North 51*04' West, 77.50 feet; 7. Thence South 64°16' West to an intersection with the mean high tide line of the Pacific Ocean, and Point "B"; 3. Thence northwesterly along said mean high tide line to the intersection of said southerly meander line of the Salt Marsh of the Batiquitos Lagoon and Point "C"; 9. Thence southwesterly along a line parallel with the most southeasterly line (having a bearirg South 51°33'10" West) of that certain uninhabited territory known and designated as the "St. Halo Seach Addition to the City of Ocoanside" annexed to said Cit" of Oceanside on November 3, 1950, pursuant to Ordinance No. 668 adopted by the City Council of said City of Oceanside on September 13, 1950, said parallel line being prolonged southwesterly from the intersection of Mean High Tide Line of the Pacific Ocean and the southerly meander line of the Salt Marsh of the Batiquitos Lagoon, as the said meander line of the said Salt Marsh as shown on the aforesaid plat of fractional Township 12 South, Range 4 West, S.J.B. & K., to the intersection with a line which bears du« west from Point "V* ?.nd the true point of beginning; 10. Thance due west, 3 miles to the boundary of the State of California; 11. Thence southerly along said boundary of the State of California to a line which bears south 51"33ViO" west .from the true point of .beginning; ••'..'•' 12. Thence north 51033'10" east along said line to the true point of beginning. 1,054 acres St:iw 12/19/85 EXHIBIT "C" Pacje 2 of 2 W: y 1" ITf ,5 , ,. -rp 787 R085-9 "San Dieguito Reorganization" Annexation to Encinitas Fire Protection District Parcel No. 1 All that portion o: Sections 34 and 35, Township 12 South, Range 4 West, San Bernardino Ease and Meridian, in the County of San Ciego, State of California, according to United States Government Survey, lying within the following described boundaries: Beginning at the southwest corner of said Section 35; 1. Thence easterly along the south line of said Section 35 to the south quarter corner of said Section 35; 2. Thence northerly along tre north-south center line of said Section 35 to the southerly line of Road Survey No. 1796-65 (La Costa Avenue) map on fi?e in the County Engineer's Office of said County; 3. Thence generally westerly along said southerly line to the ir.ter?ection with the east line of Lot 7 of Section 34, said Township 12 Soulih, Range 4 West; 4. Thence due south along said east line to the south line of said Lot 7; 'j. Thence due west along said south line to the southwest corner of said Lot 7, being also the northwest corner of the southwest quarter of the southeast quarter of said Section 34; ". Ti.-ence due south along the west line of said quarter-quarter to the southwes" corner thereof; 7. Thencp North 891S46'32" East along the south line of said quarter-1 quarter to the southwest corner of the southeast quarter af the southwest quarter of the southeast quarter of said Section 34; 8. Thence along the west line thereof North 0"35'50" Wast, 669.50 feet to the northwest corner of said quarter-quarter-quarter; 9. Thence North 89°47'31" East, 661.56 feet along the north line thereof to the northeast corner of said quarter-quarter-quarter; 10. Thence a.Xong the north line of the south half of the southeast / .'•' quarter of the southeast quarter of said Section 34, North' 89*47' "I." • East, 1322.28 feet to the easterly line thereof, being also the westerly line of said Sect.von 35; 11. Thence South 0°09'41" East, 668.92 feet along said westerly line to the point of beginning. 233.40 Acres EXHIBIT "D" ^•t»*-». R085-9 788 Parcel No. 2 All that portion of Sections 2 and 2, Township 13 South, Range 4 West, San Bernardino Base e.ni Meridian, in the County of San Diego, State of California, according to United States Government Survey, lying within the following described boundaries: Beginning at the corner common to Sections 2, 3, 10 and 11, said Township 13 South, Range 4 West; 1. Thence cue east alcng t!".e south line of said Section 2 to an intersection with the westerly boundary of Rancho Las Encinitas, according to Map thereof No. 348, filed in the County Recorder's Office of San Diego County, June 27, 1398; 2. Thence northwesterly along said westerly boundary to an intersection with the northerly right-of-way line of San Diego County Road Survev No. 1631 (Olivenh?in Road - 60 feet wide) map on file in the Office of the County Engineer of said County; 3. Thence westerly and northwesterly along said northerly line of said Road Survey to the point of intersection with the easterly right-of-way line of Road Survey No. 1800-1, (approved September 8, 1970) map or. file in the Office of the County Engineer of said County, said point being in the arc of a non-tangent 9045.00 foot radius curve concave westerly, a radial line to said point bears South 88°55'1S" East; 4. Thence northerly, 762.01 feet along said curve and easterly right-of-way line through a central angle of 4°49'37" to a point lying north 86°15'05" East, 45.00 feet from Engineer's Station 89+65.46 E.C. ir. the center line of said Road Survey; 5. Thence continuing along said right-of-way line North 3'44"55" West to the intersection with a line which bears North 88°39'20" East from a point in the westerly line of the northeast quarter of the southwest: quarter of Section 2, said Township and Range distant thereon, South 4°20'10" East, 914.20 feet from the northwest corner thereof; 6. Thence leaving saic easterly right-of-way line along said line South 88°39'20" Keen to said point; 7. Thence along snid westerly line, South 4"20'10" East, 431.00 feet . _ to the southeast corner of the northwest quarter of the southwest quarter of said Section 2; 8. Theuce westerly along the south line of said quarter-quarter, to the westerly line of said Section 2, being also the easterly line •• of said Section 3; 9. Thence northerly along said easterly line to a point in a line that is parallel with and distant southerly 880.00 feet measured at right angles from the northerly line of T.ot 1, said Section .1; EXHIBIT "D" R035-9 789 '10- Thence westerly a Long said last mentioned parallel line to west line of said Lot 1; 11. Thence northerly vlonq the west line of said Lot 1 to a point in a line that is parallel with and distant southerly 308.00 feet measured at :: i.ght angles from the northerly line of Lot 2 of said Section 3; 12. Thence westerly along said last mentioned parallel line to a point in a li;ie that is parallel with and distant easterly 495.00 feet measured at right angles from the westerly line of said Lot 2: 13. Thence southerly along said last mentioned parallel line to a point in a line that is parallel with and distant southerly 660.00 feet measured at right angles from the northerly line of said Lot 2 14. Thence westerly along said last mentioned parallel line to a line which bears Soat>. 7°31'06" East from the northwest corner of said Lot 2; 15. Thence South 7°31'06" East to the intersection of the east and west cani.er line of Section 3 and the northerly prolongation of the east line of said Fox Point, according to Map thereof "o. 7632, filed in the Office of the County Recorder of San Diego County; 16. Thence along said northerly prolongation South 0°02'16" West, 658.43 feet more or less to the northeast corner of said Fox Point; 17. "hence North 89°5j.'47" V!est, 138.29 feet along the northerly line of said Fox Point to the north and south center line of said Section 3; 18. Thence along the said north and south center line, South 0°02'16M West, 1976.36 feet to the south line of said Section 3; 19. Thence easterly along sai-l south line to the point of beginning. 415.38 Acre*. Parcel Ho. 3 All that portion of.' Sections 34 and 35, Township 13 South, Range 4 Vest, - San Bernardino Base and M&ridian,. in the County of San Diego, State Of California, according to United States Government Survey, lying within the following described boundaries: Beginning at a point on the south line of the northwest quarter of the southwest quarter of Section 35, distant thereon North 89*40*30" West, 633.53 feet, from the southeast corner of the northwest quarter of the southwest quarter, said point of beginning being the intersection Of the center line of Rios Avenae, with the south line of said northwest quarter of the southwest quarter of Section 35, as shown on Map of Cypress Tract No. 1783, filed in the Office of the County Recorder V> it j !. 790 R085-9 of San Diego County, 1. Thence North 13°22'40! v:est, along said center line of Rios Avenue, 2602.62 feet; 2. Thence continuing along the prolongation of said center line of Rios Avenue:, Korth 13°2^'40" West, 120-00 feet to n point on the south line of the northwest quarter of the northwest quarter of Section 35; 3. Thence along said south line and the south line cf the northeast quarter of. the northeast quarter of said Section 34, North 89°40'30" West, 446. SO feet to a point on a non-tangent curve, concave easterly having a ladius cf 200.00 feet, a radial line bearing North 8o°54'53" West 10 said point., said point being the true point o; beginning; 4. Thence northerIv, 59.60 feet along said curve through a central angle of 17°04'23"; 5. Thence tangent to said curve North 26°0y'30" East, 55.00 feet, to the beginning of a tangent curve concave southerly having a radius of 150-00 feet; 6. Thence easterly along said curve through a central a.ngle of 95°27'50", an arc distance of 249.92 feet; 7. Thence tangent to said curve South 58'22'io" East, 147.00 feet, to the beginning of a tangent curve, concave westerly having a radius ot 150-00 feet; 8. Thence southerly ilong said curve through a central angle of 45°00'00" an arc distance of 117.81 feet to the northwesterly corner of land conveved to Eajini Matsumoto, et al by deed recorded August 16, 1955, in Book < 56, Page 277 of Official Records in the Office of the County Recorder of said San Diego County, said corner being in the intersection of the northerly line of tl.e southwest quarter of the northwest quarter of Section 35, said Township and Range, with the center line of said Hios Avenue (R.S. 979); 9. Thence easterly along said northerly line and along the northerly line of the southeast quarter of the northwest quarter and along the northerly j.ine of the south half of the noitheast quarter of said Section 35 to the survey center line of California State Highway XI-SD-5 according to Record of Survey Map Mo..6692, f.iled • in the Office of the County Recorder in said County and State; I.,. Thence northwesterly along said center line to the north line of said Section 35; 11. Thence westerly along the northerly line of said Sections 35 and 34 to tha mean high tide line of the Pacific Ocean; EXHIBIT "D" Page 4 of 5 IT vasa wmI .R085-9 0 791 Thence southerly along said Mean High Tide Line to the southerly line of Lot 1 of said Section 34; 13. Thenct easterly along said southerly line and the south line of the er Of said Secti°" 34 to 175.57 Acres ",c: iw 12/19/35 LAFCO EXHIBIT "D" Page 5 of 5 ND CONDITIONS PAN DIEGUITO REORGANISATION" (INCORPORATION') (R05-9) The effective date of this "San Dieguito Reorganization" sh£i.ll be October 1, 1986, except as otherwise stated in these Terns and Conditions (Government Code Sections 56470[p] and 56456). Upon and after that date: Terms of office for the members of the City Council shall be subject to Government Code Sections 35442 and 35443 (Government Code Sections 36503 and 56470[s]); The City Manager, City Clerk, and City Treasurer shall be appointed by the City Council (Government Code Sections 35111.5 and 56470[q]); Pursuant to Government Code Section 35441, Ci-y Council of the new city shall, immediately following its organization and prior to performing any other official act, adopt an ordinance providing that all county ordinances theretofore application shall retrain in full force and effect as City ordinances for a period of 120 days thereafter, or until the San Dieguito City Council has enacted ordinances superseding them, whichever shall first occur (Government Code Section 56470[q]); Pursuant to.. Government Code Section 35448, the Board of' Supervisors shall continue to furnish, without additional charge, to the area incorporated all services furnished to thn area prior to the incorporation. Such services shall be furnished fcr the.remainder of the fiscal year during which th > incorporation became effective, or until the San Dieguito City Council requests discontinuance of the services, whichever shall first occur (Government Code Section 56470[q]}; The incorporated portion of County Service Area No. 83 (San Dieguito Local paries) shall be auto- matically detached from said CSA, subject only to compliance with the requirements of Chapter 8, Division 2, Title 5 of the Government Code (Govern-ient Code Section 2521C.90); Attachment £ page 1 of 3; Adoptee 11/2-./& Amer.ded 1/6/86 , .<i?8 - - 'R085-9 7i»3 £) The new city shall be the successor to County Service Area No. 83 for the purpose of succeeding to all rights, duties, and obligatiors of County Service Area No. 83 within the newly-incorporated area, with respect to enforcement and performance of any outstanding contracts and obligations related to the maintenance of local park transferred to the City of San Dieguito (Government Code Sections 56470[m] and 25210.90); g) On June 30, 1987, title and responsibility for all real property of the County of San Diego acquired/developed for park purposes—with the exception of San Elijo Lagoon, Quail Botanical Gardens, Magdelena Ecke and the Encinitas Landfill site—shall be transferred to and vested in the City of San Dieguito (Government Code Section 56470[h]); h) Except for property tax monies, 57.5% of the portion of the unencumbered funds (including cash on hand and monies due but uncollected) standing to the credit of County Service Area No. 83 (San Dieguito Local Parks) shall be transferred to and vested in the new city (GoverniE'int Code Section 25210.90); i) Tr« permanent, full-time personnel employed by the Cour -y and assigned to the lifeguard service in San Dieguito shall be transferred to the employment of t*ie new city. All benefits and right.* o± these emo-loye'es—including employment contracts. seniority rights, retirement rights or any other employee benefits or rights—shall b« continued at overall levels not less than currently enjoyed and such other benefits as sick leave, vacation leave and retirement benefits shall be honovea by the new city (Government Code Section 56470C1]); j) The current boundaries of Cousity Service Area No. 17, shall not be changed upon the inclusion jf its territory within th<s new city. Pursuant to Government Code Section 54790Ch3. the Commission waives the application of Government Code Section 25210.90 and finds that the cpplication of this section would deprive the residents of the new city of a service needed to ensure their health, safety, and welfare, and that this waiver will not affect the ability of the new city to provide any tervice; and Attachment C Page 2 of 3 Iwllffli'^'l .in 794 k) Four improvement districts of the new c: ty shall be formed with boundaries coterminous with each of the boundaries of County Service Areas Nos. 9D, 34, 91, and 92. Each improvement district shall be the ^accessor to one of the CSAs for the purpose of succeeding to all the rights, duties and obligations of the CSA with respect to enforcement, performance or payment of any outstanding loans and implied, or expressed contracts and obligations. The authority to levy the previously authorized benefit assessment for each CSA would be transferred to the new city and would be assessed for the appropriate CSA (Government Code Sections 56470[e] and [t]). The effective date of establishment of the Encinitas Fire Protection District as a subsidiary district of the new city shall be October 1, 1986. The effective date o£ estab- lishment of the San Dieguito Water District and the Encinitas Sanitary District as subs: diary districts of the new city shall be December 1, 1906. Upon and after these dates: a) The offices of the Bo ird of Directors of each of the districts shall be terminated, and the nev. city council shall be designated as, and empowered to act as, ex officio the Boards of Directors of the districts. The districts shall continue in existence with all the powers, Duties, rights, obligations, and functior.s provided for by the principal act, except for any provision relating to the selection or removal of the members of the Board of Directors of the districts (Government Code Sections 56470[k] and 56539); and b) The establishment of the districts as subsidiary districts of the new city shall not affect or impair the status of any duly-appointad employee of the districts. All benefits and rights of district employees—including employment contracts, seniority rights, and retirement rights——shall be continued at an overall level not less than currently enjoyed, and such other benefits as sick le"v>_-, vacation leave, and retirement b«nefits shc.ll be honored by the districts as subsidiary districts of the 'new city (Government Code Section S6470C1]). Attachment E Page 3 of 3 JAN-6