HomeMy WebLinkAbout1973-05-15; City Council; Resolution 31311
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RESOLUTION NO. 3131
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, PROPOSING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBED AND KNOWN AS THE SOUTH CARLSBAD NO. 1.15 ANNEXATION TO THE CITY OF CARLSBAD, CALIFORNIA AND SETTING A DATE FOR A HEARING OF PROTESTS THERETO.
WHEREAS, an application for approval of a proposal for the
initiation of proceedings for the annexation of territory herein-
after identified and described as Ayres Annexation (South
Carlsbad No. 1.15) to the City of Carlsbad, County of San Diego,
State of California was filed with the Local Agency Formation
Commission (CA 72-25); and
WHEREAS, a resolution of the said Local Agency Formation
Commission, after a hearing held in the manner required by law,
was duly passed and adopted on the 4th day of December, 1972,
approving the application for annexation of the territory herein-
after described by metes and bounds to the City of Carlsbad; and
MHEREAS, a written petition containing the required
signatures and a description of the uninhabited territory
hereinafter described has been presented to the City Council
of the City of Carlsbad, requesting annexation under the
Annexation of Uninhabited Territory Act of 1939 , Government Code
Sections 35300 through 35326; and
NHEREAS, said petition has been signed or consent thereto
has been filed by the owners of all of the land in the territory
proposed to be annexed;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That said petition contains a description of certain
uninhabited territory sought to be included and annexed to the 1
1.
City of Carlsbad and that said petition is signed by the owners
of not less than one-fourth of the land in the territory by
area and by assessed value as shown on the last equalized
assessment roll of the County of San Diego, in which county the
City of Carlsbad is situated.
3. That the City Council hereby declares that said
petition has been signed or consent to the proposed annexation
filed by the owners of all of the land in the territory proposed
to be annexed and, therefore, no protests may be filed against
the annexation by persons owning property in the territory.
4. That the territory proposed to be annexed to the
City is uninhabited territory as defined by Section 35303 of
the Government Code and is contiguous to the boundaries of the
City.
5, That the boundary of the proposed annexation are
particularly described as follows:
All that land in Sections 22, 26, 27, 28 and 35, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, described as follows:
(1) Beginning at the intersection of the north line of the south half of Section 26, T12S-R4W with the easterly line of Road Survey No. 1800-1 (El Camino Real) on file in the County Engineer's Office of said County;
(2) thence westerly along said north line to the east line of Section 27, T12S-R4W;
(3) thence northerly along the east line of Sections 27 and 22, T12S-R4W to the southerly boundary of Rancho Agua Hedionda as said southerly boundary was established May 5, 1913, by decree of the Superior Court of the State of California in and for Sari Diego County in that certain action no. 16830 entitled Kelly Investment Company, a Corporation vs. Clarence Dayton Hillman and Bessie Olive Hillman;
thence westerly along said southerly boundary to its intersection with the west line of Lot 1, Section 22, T12S-R4W according to the U.S. Government Survey of Lot 1 approved April 21, 1890;
(4)
2.
(5) tken-ce southerly along said west line and the west line of the southeast quarter of the southeast quarter of Section 22, T12S-R4W and southerly along the west line of the east half of the northeast quarter of Section 27, Tl2S-R41J to the northeast corner of the southwest quarter of the northeast quarter;
southwest quarter of the northeast quarter and the southeast quarter of the northwest quarter to the east line of the west half of the northwest quarter of said Section 27;
thence northerly along said east line to the north line of Section 27;
Section 27 to the northwest corner of said Section 27, T12S-1141nl;
Section 27 to the northeast corner of the southeast quarter of Section 28, T12S-R4W;
(6) thence westerly along the north line of said
(7)
(8) thence westerly along the north line of said
(9) thence southerly along the west line of said
(10) thence westerly along the north line of said southeast quarter to the east line of the west half of the northeast quarter of said Section 28, T12S-R4W;
(11) thence northerly along said east line to the north line of said Section 28;
(12) thence westerly along said north line to the north and south center line of said Section 28;
(13) thence southerly along said center line to the north line of the south half of the southeast quarter of said Section 28:
(14) thence easterly along said north line to the west line of said Section 27;
(15) thence Southerly along said west line to the south line of said Section 27;
(16) thence easterly along said south line to the west line of said Section 35;
(17) thence southerly along said west line to the south line of the north 20 acres of Lot 1 of said Section 35;
(18) thence easterly along said south line to the east line of said Lot 1;
(19) thence southerly along said east line to the south
(20) thence North 60" East and South 82" 51' 38" East
line of Lot 2 of said Section 35;
along said south line of Lot 2 and along its easterly prolongation to the easterly line of said Road Survey No, 1800-1 (El Camino Real);
3.
(21) thence northerly along said easterly line to the point of beginning.'
6. That the aforementioned uninhabited territory included
in the proposed annexati'on shall hereafter generally be known
as the South Carlsbad No. 1.15 Annexation.
7. That upon the completion of said annexation all of the
property included therein shall be taxed accordingly with the
other property within the City of Carlsbad to pay the bonded
indebtedness and any and all general indebtedness of the City
of Carlsbad contracted prior to, or existing or outstanding at
the time of, the aforesaid proposed annexation of said described
property.
8, Notice is hereby given that Tuesday, June 5 ¶
1973, at the hour of 7:3O o'clock, p.m., in the Council Chambers
of the Carlsbad City Hall, located at 1200 Elm Avenue, City of
Carlsbad, California, is the time and place designated at
which time the City Council will hear protests against the
annexation from any person owning real property within the city
who does not also own property in the territory.
9. That protests shall be in writing, shall be delivered
to the City Clerk of the City of Carlsbad prior to the date of
said hearing and shall state the name of the owner of the
property affected and the street address or other description
of the property sufficient to identify it on the last assessment
roll
10. That the City Clerk is directed to cause a copy of
this resolution to be published at least once in a newspaper
of general circulation published in the City. Publication shall
be complete at least four (4) days before the date set for the
hearing.
PASSED, APPROVED AND ADOPTED at a regular meeting of the ,
4.
City Council on the 15thday of May- , 1973, by the
following vote, to wit:
AYES : Cmn. Dunne,
NOES : None.
ABSENT: None.
McComas, Lewis, Chase and Frazee.
ATTEST:
(seal)
5.