HomeMy WebLinkAbout1955-11-08; City Council; Resolution 190, (I)
RBSOLUTXOEJ pso. 190
RESOLUTZON COEJSENTIPJQ TO EXCLUSION OF A PORTION OF LAND NEAR VISTA WAY FROM THE INCOFOWUTED LJXITS OF 'TEE CITY OF CARLSBAD
WHEREAS, it has been representea to the City of Carlsbad
that the City of bxmslde is willing to mnex the followiag
described property, to-wlt :
A11 that portion of the City of Carlsbad lying within
Seotioa 36, T, llS., R, 5W., S. B, B, & N. in the County of San
Diego, State of California, more partfcrularly desoribed as follows:
1.
2.
3.
4.
Beginning at the Northeasterly oomer of said Secrtion 36;
the" s 0' 11' 19" E along said Easterly Seotlon line
1757.74' to a polnt of intersection in the Northwesterly
righe-of-uoay line of Vista Way as shm on Map of Ho-
tallng Lands as per Map thereof Nb; 1717 filed in the
office of the Reoorder of' San Dfego County on the 16th
day of April, 1921 (State Route 1961, said point baing
In the boundary line oonrnon to the Cities of Oceansl.de
and Carlsbad, and the true point of beginning;
thenoe oontinulng S Oo 13' 19" E afong said Easterly
seotion line to a polnt of interseetion In the Northerly
line of the Northeast 1/4 of the Northeast X/4 of the
Southeast 1/4 of said Seotion 36;
theme Westerly along the Northerly line of sald Northeast
1/4 of the Northeast 1/4 of the Southeast 1/4 to the
Northwesterly ooz-ner thereof;
thenoe Southerly along the Westerly line of the said
Northeast 114 of the Hortheast 1/4 of the Southeast 1/4
to a point of ineersectfon with the northeasteroly right-
of way line of State Highway Route Hob2 as *shown on Plan
XI-SD-2-B & CN-., Sheet 33, of the Highway Departmeat
\ I
of the State of Califomia;
theme S 32' 18' 38" B along the northeasterly right-
of-way line of said State Highway Route No. 2, 323.0
feet more or less to the point of interseotlon with
a line that bears Ed 5'7' 41' 22" E from the Engineer's
Station 98-00 as shown on said Plan XI-SD-2-B & Cbd.,
5.
Sheet 33;
6. thence S 57' 4.1' 22n 'SJ along the aforementioned line
380' to a point of interseotion with the Southwesterly
right-of-way line of said State Highway Route 2 as shown
on said Plam XI-SD-2-B & Cbd.;
theme N 32' 18' 38" W along the said right-of-way line
to a point of interseotlon with a line running parallel
with and 829.06' Northerly of the Southerly line of
Blook 48 ae shown on South Ooeanside Map No. 622, filed in the
offioe of the County Beoorder of San Diego Copmty, Cali-
fornia, on the '7th day of February, 1890;
theme Westerly along said aforementioned line to the
Westerly line of said Blook 48 and also being the boundary
line oommon to the City of Ooeanside an8 the City of
Carlsbad;
thenoe Northerly along said Westerly line of Bloak 48 and
common boundary of aceanside and Carlsbad to 8 point of
intersection with the .Northwesterly line of Vista Way as
shown on Tolle Traot Map No. 1952, filed in the offioe of
the County Recorder of San Diego County, State of Callfor-
nia, on the 3rd day of November, 1926;
7.
8.
9.
10. thence Northeasterly along said Northwesterly right-of -way
line and comon boundary of Qcremside and krlsbad to the
true point of beginning.
"s, 1% appears that the only freeholder in the afore-
said desoribed property is THE HOME BUILDERS' STORE, 8 limited
.
partnership, HOWARD PI. BAUMGARTNER, general partner, and that said
Home Builders' Store holds at least two-thirds (2/3) in value of
the r-1 property in the aforesaid aesaribed property; and
WHEREAS, the Home Builders' Store has presented to the City
Counoil of the City of Carlsbad their written consent for the annex-
ation of the afore-desorlbed property by the City of Oceanside, a
copy of whlclh ooasent is attached hereto; and.
WHEREAS, the City Counoil of the City of Carlsbad has duly
eonsidered the exolusion of suoh territory from the City of Carlsbad
and its annexation to the City of Ooeanside,
NOW, THERIWOFB:, the City Counoil of the City of Carlsbad
does hereby resolve that the City Counczil of the City of Carlsbad,
acting in behalf of the City of Carlsbad, does hereby consent to
the detachment of the property first above described from the City
of Carlsbad
BE IT FUETHER RESOLVED that the City Clerk shall., and he
is hereby direoted, to clause two oertified oopies of this resolution
to be forwarded to $he City Clerk and City I%anager of the City
of Ocean side.
PASSED, MPflOVED AND ADOFTBD this 8th day of November,
1945, by the following vote, to-wit:
AYES : Counoilmen Helton, Robinson, Sutton , F&yo_r Ede
NOES: None
ABSENT: Councilman Castorena,
RAYNOHD C, EDE, Hayor of the City of Carlsbad, Califomia
ATTEST :
M. 0. EWD, City Clerk
-3-
November 8, 1955
The City Council City of Carlsbad Carlsbad, California
Gentlemen:
I, HOlrJARD M. BAUMGARTNER, General partner of The Home Builders Store, a limited partnership, acting in behalf of said Home Builders Store, do hereby certify that the Home Builders Store is the legal owner of that real
the City of Carlsbad. property described in 3esolution No. 190 - of
I extend herewith the consent of THE HOME BUILDERS STORE for the detachment of the subject property from the City of Carlsbad and it's annexation to the City o€ Oceanside.
Re spec tf ully submitted,
THE HOME BUILDERS STORE
i n
General Partngr