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HomeMy WebLinkAbout1973-05-15; City Council; Resolution 31311 2 3 4 5 6 7 8 9 10 11 12 13 0 14 a 8 15 as 8 &5 Po=* 16 z>sg ZtZk v -I 17 ?a gg:s z$! y ’!- = 19 s a 20 c Tj 21 22 23 24 25 26 27 28 29 30 31 32 wv SkS6 18 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.