HomeMy WebLinkAbout1973-11-20; City Council; Resolution 32751
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RESOLUTION NO. 3275
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 "SOUTH CARLSBAD ANNEXATION NO. 1.17." (Cabot, Cabot and Forbes)
WHEREAS, an application for approval of a proposal for the
initiation of proceedings for the annexation of territory
hereinafter identified and described as "South Carlsbad Annexation
No. 1.17," (Cabot, Cabot and Forbes), to the City of Carlsbad,
County of San Diego, State of California, was filed with the
Local Agency Formation Commission, Reference No. CA 73-39; 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 5th day of November, 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 hereto
has been filed by the owners of all of the land in the territory
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proposed to be annexed;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as fol ows:
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 "South Carlsbad Annexation No. 1.17.''
6. 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.
7. That all requirements of law necessary to the
adoption of this resolution approving the annexation of certain
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uninhabited territory pursuant to Section 35310.1 of the
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
"South Carlsbad Annexation No. 1.17," and more particularly
described as follows:
All that portion of Lot IIG" 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 November 16, 1896, described as foll ows:
Beginning at the closing corner common to Section 22 and 23, Township 12 South, Range 4 West, San Bernardino Meridian according to United States Government Survey, in the South line of said Rancho Agua Hedionda; thence along said South line South 89'26'40" East (Record=East), 3052.63 feet to the Southwesterly corner of Lot "A" of said Rancho; thence North 27'21'24" East 1319.81 feet along the West line of said Lot ''A" to an angle point therein; thence North 8"08'59" East 136.31 feet along said West line to a point on the East line of El Camino Real (90 feet wide) according to Road Survey No.1800-1, filed in the Office of the County Engineer of said County from which point a radial from 1845 foot radius curve bears North 71"30'36" West; thence Northerly 332.78 feet along said curve through a central angle of 10'20'04"; thence tangent to said curve, North 8"09'20" East (Record, North 8"08'55" East) 975.69 feet; thence at right angles to said East line North 81"51'05" West 128.00 feet to the beginning of a tangent 500.00 foot radius curve concave Southeasterly; thence Westerly and Southwesterly along said curve through a central angle of 30'45'38" a distance of 268.44 feet; thence tangent to said curve South 67"23'17" West, 573.06 feet to the beginning of a tangent 500.00 foot radius curve concave Northwesterly; thence Westerly and North- westerly along said curve through a central angle of 30'45'38" a distance of 268.44 feet; thence tangent to said curve North 81'51'05" West, 358.00 feet; thence North O"35'14" East, 687.81 feet; thence North 13'10'59" East, 268.66 feet; thence North 24'47'36" East, 307.33 feet; thence North 39'38'41" East, 361.33 feet to an intersection with the Southerly line of Palomar Airport as shown on Record of Survey Map No. 6493 filed in the Office of the County Recorder of said County; thence leaving the boundary of said Systems Capital land, along said Southerly line of Palomar Airport South 79"42'00" West, 1479.57 feet; thence South 10°18'00" East, 500.05 feet; thence South 79'14'24" West, 685.80 feet to an intersection with the centerline of Palomar Airport Road as shown on San Diego County Road Survey No. 1534, filed in the Office of the County Engineer of said County; thence along said centerline South 42"00'08" West, 1893.60 feet to the beginning of a tangent 1000.00 foot
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radius curve concave Northwesterly; thence Southwesterly along said curve through a central angle of 49"56'04" a distance of 871.52 feet; thence tangent to said curve North 88"03'48" West, 1722.22 feet to the beginning of a tangent 1200.00 foot radius curve concave Northeasterly; thence Northwesterly along said curve through a central angle of 49'01'43" a distance of 1026.85 feet; thence tangent to said curve North 39"02'05" West, 391.54 feet to the beginning of a tangent 1200.00 foot radius curve concave Southwesterly; thence Northwesterly along said curve through a central angle of 23'30'05" a distance of 492.21 feet to a point in the arc of said curve to which a radial line bears North 27'27'50'' East, said point being in the center line of that certain 100.00 foot easement described in the deed to San Diego Gas and Electric Co. recorded April 15, 1954, in Book 5205, Page 419, Official Records of said County; thence leav- ing said centerline of Palomar Airport Road along the centerline of said 100.00 foot easement South 39'01 '39" East, 2562.03 feet to an angle point in said centerline; thence South 42'38'40" East, 460.39 feet to an inter- section with said South line of Rancho Agua Hedionda; thence leaving said easement centerline along said South line South 89'27'10" East 2613.56 feet to the Point of Begi nni ng.
Excepting therefrom that portion thereof lying within said Palomar Airport Road according to said Road Survey 1534 on file in the County Engineer's Office of said County and as said Road Survey is shown on said Record of Survey Map No. 6493.
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 20th day of November, 1973, by the following
vote, to wit:
AYES: Councilmen Dunne,
NOES: None.
ABSENT: None.
McComas, Lewis, Chase and Frazee.
ATTEST:
(seal)
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