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HomeMy WebLinkAbout1973-08-07; City Council; Resolution 31840 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 3184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBED AND DESIGNATING THE SAME AS THE EAST CARLSBAD ANNEXATION NO. 2.16. WHEREAS, an application for approval of a proposal for the initiation of proceedings for the annexation of territory hereinafter identified and described as East Carlsbad Annexation No. 2.16 (Kratter) to the City of Carlsbad, County of San Diego, State of California was filed with the Local Agency Formation Commission Reference No. CA 73-18; 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 6th day of August, 1973, approving the application for annexation of the territory hereinafter described by metes and bounds to the City of Carlsbad; and WHEREAS, said resolution provided that said annexation was approved without notice and hearing and further provided that the City Council of the City of Carlsbad was authorized to annex said territory without notice and hearing by said council and without an election as provided in California Government Code Section 54797.1; and WHEREAS, 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 WHEREAS, 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; 1. NOM, 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 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 aforementioned uninhabited territory included in the proposed annexation is hereby designated and shall hereafter be known as the East Carlsbad Annexation No. 2.16. 6. That upon the completion of said annexation a17 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. 7. That all requirements of law necessary to the adoption of this resolution approving the annexation of certain uninhabited territory pursuant to Section 35310.1 of the 2. California Government Code have been complied with. 8. That it does hereby approve the annexation to the City of Carlsbad of that certain real property located in the County of San Diego, State of California, designated as the East Carlsbad Annexation No. 2.16 and more particularly described as follows: All that real property situated in the County of San Diego, State of California, being portions of Sections 23, 24, 25 and 26 in Township 12 South, Range 4 West, San Bernardino Meridian, according to the Official Plat thereof, and being portion of Lot "A" of Rancho Agua Hedionda, in the County of San Diego, State of California, according to Map thereof No. 823, filed in the office of the County Recorder of said County; lying within the following described boundary: Beginning at the Southwest corner of the Northwest Quarter of said Section 25; thence South 89O13'54" East along the South line of said Northwest Quarter 2627.38 feet to the Southeast corner thereof; thence along the East line of said Northwest Quarter as shown on La Costa Meadows Unit No. 1, according to Map thereof No. 6800 filed in the Office of said County Recorder North OO43'26" East 1328.47 feet, Record North OO43'27" East 1328.42 feet and North OO42'22" East 1328.40 feet, Record North 0'41 '49" East 1328.49 feet to the Southeast corner of the Southwest Quarter of said Section 24; thence along the East line thereof North OO42'03'' East 2481.10 feet to the South line of Lot ''A'' of Rancho Agua Hedionda, according to Map thereof No. 823 filed in the office of the County Recorder; thence along the Northerly prolongation of the East line of said Southwest Quarter North O"42'03" East 965.00 feet; thence North 89"17'57" West 2180.00 feet; thence North O"42'03" East 1380.00 feet; thence North 89O17'57" West 2018.76 feet to a point in the Easterly line of the County Road 90 feet wide as described in deed to the County of San Diego recorded July 24, 1970 as File No. 130797 of Official Records; thence along said Easterly line South 8"09'20" West 723.95 feet to a tangent 1845 foot radius curve concave Westerly; thence Southerly along the arc of said curve 332.78 feet to a point in the Westerly line of said Lot "A"; thence along said Westerly line South 8"08'59" West 136.31 feet to an angle point therein and South 27"21'24" West 1319.81 feet to the Southwesterly corner of said Lot "A"; thence along the Northerly line of the Southeast Quarter of said Section 23 3. North 89"27'42" West 356.82 feet to the West line of said Southeast Quarter of Section 23; thence along said West line South OO33'17" West 2226.73 feet to a point in the North- easterly line of County Road 90 feet wide, being a point in the arc of a 6955 foot radius curve concave Northeasterly, a radial line of said curve bears South 59'39'22" West to said point; thence Southeasterly along the arc of said curve 303.04 feet to a point in the South line of said Southeast Quarter of Section 23; thence along said line South 89"17'40" East 1183.90 feet to the Northwest corner of the East Half of the Northeast Quarter of Section 26; thence South 0°14'34" West along the West line thereof 2638.53 feet to the Southwest corner of said East Half of the Northeast Quarter; thence South 89°16'19t' East along the South line thereof 1331.30 feet to the Point of Beginning. Said parcel of land containing 717 acres, more or less. 9. That the City Clerk is directed to prepare under seal a certified copy of this resolution giving the date of its passage and transmit it to the Secretary of State. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 7th day of August , 1973, by the following vote, to wit: AYES: Councilmen Dunne, McComas, Lewis, Chase and Frazee NOES: None ABSENT: None ATTEST : 4.