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HomeMy WebLinkAbout1963-09-17; City Council; Resolution 9391 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .2 3 24 25 26 27 2% 29 30 31 32 RESOLUTION NO. 939 RESOLUTION DECLARING THAT PROCEED- INGS HAVE BEEN INITIATED BY THE COUNCIL OF THE CITY OF CARLSBAD TO ANNEX TO SAID CITY CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIG- NATED "SOUTH CARLSBAD ANNEXATION 1.4'* AND GIVING NOTICE OF THE: PROPOSED ANNEXATION, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CARLSBAD: 1. That, pursuant to the provisions of the Annexation of Uninhabited Territory Act of 1939, proceedings have been initiated by the Council of the City of Carlsbad, on its own motion, to annex to the City of Carlsbad all that uninhabited territory situate in the County of San Diego, State of California, hereby designated as'*South Carlsbad Annexation 1.4" and more particularly described in Exhibit !'Att attached hereto and made a part hereof as if fully set forth herein. 2. That the Council of the City of Carlsbad desires to annex said unin- habited territory to the City of Carlsbad for the following reasons: The territory is contiguous to the City of Carlsbad, and its proposed annexation will contribute to and facilitate the orderly growth and development of both the City and the territory proposed to be annexed; will facilitate and contribute to the proper and orderly layout, design and construction of streets, gutters, sidewalks, sanitary and storm water sewers and drainage facilities, both withir the City and within the territory proposed to be annexed; and will provide and facilitate proper overall planning and zoning of lands, and subdivision of lands in said City and said uninhabited terkitory, in a manner most conducive to the welfare of said City and said uninhabited territory. 3. 'That the County Boundary Commission of San Diego County, California, did in session duly assembled on Tuesday, September 3, 1963, approve the proposed annexation boundaries of said '?South Carlsbad Annexation 1.4" as above described, and as submitted to said Commission by the Council of the City of Carlsbad. 4. That Tuesday, November 5, 1963, at the hour of 7: 30 P. M., in the Council Chambers in the City Hall in the City of Carlsbad, County of San Diego, California, is hereby fixed as the time and place when and where any person owning real property within the uninhabited territory above described and proposed to be annexed to the City of Carlsbad, and having any objections to the proposed annexation, may appear before the Council of the City of Carisbad and show cause why such uninhabited territory should not be so annexed to said City of Carlsbad. before the hour set for hearing objections to the proposed annexation, and shall state the name or names of the owner or owners of property affected, and the description and area of such property, in general terms. Such protest must be in writing, may be filed at any time 5. The City Clerk of the City of Carlsbad is hereby authorized and directed to cause a copy of this resolution to be published at lease twice, but not oftener than once a week, in the Carlsbad Journal, a newspaper of general circulation published in said City of Carlsbad, the city to which it is proposed to annex the aforesaid territory, and also in the San Diego Union, a newspaper of general circulation published outside the City of Carlsbad, but in the County of San Diego, California, the county in which is located the territory proposed to be annexed to the City of Carlsbad, said publication to be complete at least twenty (20) days prior to the date set for hearing. 6. The City Clerk is further authorized and directed to cause written notice of such proposed annexation to be mailed to each person to whom land within the territory proposed to be annexed is assessed in the last equalized county assessment roll available on the date the above said proceedings were initiated, at the addresses shown on said assessment roll or known to the Clerk and to any person who has filed his name and address and the designation of the lands in which he has an interest, either legal or equitable, with the Clerk, such notice to be given not less than twenty (20) days before the first public hearing on the proposed annexation. 7. In the event any land within the territory proposed to be annexed is owned by a county, the City Clerk is directed to cause written notice of such proposed annexation to be mailed to the Board of Supervisors of such county, such notice to be given not less than twenty (20) days before the first public hearing on the proposed annexation. -2 - 1 2 3 4 5 6 7 8 9 11 12 13 14 15 3.6 17 ae 10 2c 21 2: 2: 21 2: 2t 2' 21 2' 31 3 3 8. In the event there is upon the land proposed to be annexed to said city, a structural improvement owned, being acquired or leased by a county fire protection district, the City Clerk is directed to cause written notice of such proposed annexation to be mailed to the governing body of such district, such notice to be sent not less than ten (10) days before the first public hearing upon such proposed annexation. 9. The City Clerk is directed to cause written notice to be given to such other persons as may be legally entitled thereto, in the manner required by law PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 17th day of September, 1963, by the following vote, to wit: AYES: Councilmen McPherson, Bierce, Guevasa, Neiswender and Hughes. NOES: None. ABSENT: None. i ir /-I G." YXJEVARA, Mayor ATTEST: IWYRGAYRET E, ADAXlS City Clerk Deputy City Clerk of the City of Carlsbad, Carlsbad, California -3- +- LEGAL DESCRIPTION South CarLsbad Annexation 1.4 All that unincorporated area in the County of San Diego, State of California, lying within the following described boundary lines: 1. Beginning at a point in the Southerly line of Lot H of the Rancho Agua Hedionda, according to Partition Map thereof No, 823, filed in the Office of the County Recorder of said San Diego County, said line being the Southerly City Boundary of the City of Carls- bad, said point being located on the Easterly Right of Way line of the California State Highway XI-SD-2B as shown on State of California Department of Public Works, Division of Highways, Dis- trict XI Right of Way Map No. LO 9628 to No, LO 9636; 2. Thence along said Easterly Right of Way line as follows, South 24O 44' 20" East 440.82 feet to the beginning of a tangent 5080 foot radius curve, concave Southwesterly; 3. Thence Southeasterly along the arc of said curve 328.35 feet through a central angle of 3" 42' 12"; 4. Thence South 24O 27' 58" East 342.10 feet: 50 Thence South 63O 45' 53" East 141.43 feet; 6. Thence South 14O 37' 51" East 425-67 feet; 7. 7. Thence South 17O 19' 22" East 132.00 feet: 80 Thence South 71O 14' 10" West 120.00 Eeet: 9. Thence South f8O 45' 50" East 593.60 feet; 10. Thence North 89O 57' 50" East 53.24 feet to the beginning of a 20.00 foot radius curve, concave Southeasterly; 11. Thence Southwesterly along the arc of said curve 37.95 feet through a central angle of 108O 43' 40"; 12. Thence Southerly along the Easterly line of the Frontage Road as shown on said Right of Way Maps as follows, South 18O 45' 50" East 1172,82 feet to the beginning of a tangent 19,846 foot radius curve concave Northeasterly; 13. Thence Southeasterly along the arc of said curve 370.43 feet through a central angle of lo 4' 10"; e South Car lsbad Annexation 1.4 L'egal Description I 14. 15. 16. 17 , 18 19, 20 0 21. 22. 23. 24. 25. 26. 27 28 -2- September 12, 1963 Thence tangent to said curve South 19' 50' 00" East 3,628-47 feet to the beginning of a tangent 6,120 foot radius curve, concave Northeasterly: Thence Southeasterly along the arc of said curve, 526.06 feet through a central angle of 4O 55' 30": Thence tangent to said curve, South 24O 45' 30" East 100.11 feet to a point on said Easterly Right of Way line of the California State fiighway; Thence along said Easterly Right of Way line as follows, South 24O 45' 30" East 164.55 feet to the beginning of a tangent 6,280 foot radius curve, concave Southwesterly: Thence Southeasterly along the arc of s.aid curve 219.82 feet through a central angle of 2* 00' 20": Thence North 85O 19' 30'' East 178.05 feet: Thence South 4O 40' 30" East 663.18 feet; Thence South 17' 31' East 591-72 feet to a point: Thence leaving said Easterly Right of Way line at right angles thereto, South 72O 29' West 264.00 feet to the point of inter- section of the Westerly line of Section 33, Township 12 South, Range 4 West, San Bernardino Base and Meridian, with the Westerly Right of Way line of said California State Highway XI-SD-2B: Thence South Oo 01' 50" East along said Westerly line of Section 33 to a point on the Mean High Tide Line of the Pacific Ocean: Thence Southeasterly along said Mean High Tide Line to a point on the Northerly line of the Southwest Quarter of said Section 33; Thence Westerly along the Westerly prolongation of said Northerly line of said Southwest Quarter of Section 33, 3 English miles to a point in the Westerly boundary line 05 the State of California, as said boundary is described in Article XXI of the Constitution of the State of California; Thence Northerly along said Westerly boundary of the State of California to its intersection with the Westerly prolongation of the Southerly line of said Lot H of the Rancho Agua Hedionda: Thence Easterly along said Westerly prolongation of said Southerly line of Lot H to the Mean High Tide Line of the Pacific Ocean. Thence Easterly along ;aid Southerly line of said Lot H, of the Rancho Agua Hedionda to the POINT OF BEGINNING.