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Home My WebLink About1970-11-18; Municipal Water District; Resolution 258RESOLUTION NO. 258 c- A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT INITIATING PROCEEDINGS PUR- SUANT TO SECTION 56310 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA INITIATING PROCEEDINGS FOR THE DETACHMENT OF CERTAIN TERRITORY FROM CARLSBAD MUNICI- PAL WATER DISTRICT, WHICH TERRITORY IS NOW INCORPORATED WITH OLIVENHAIN MUNICIPAL WATER DISTRICT (LA COSTA DETACHMENT) THE BOARD OF DIMCTORS OF CARLSBAD MUNICIPAL WATER DISTRICT DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: 1. The following facts are hereby found and determined to be true: (a) That proceedings are hereby initiated by the Board of Directors of Carlsbad Municipal Water District pursuant to Section 56310 of the Government Code of the State of California. (b) That the Carlsbad Municipal Water District com- menced the preliminary proceedings for the detachment of the territory described herein by filing with the Local Agency Formation Commission of the County of San Diego Resolution No. 244 of the Board of Directors of Carlsbad Municipal Water District, adopted August 20, 1969. (c) The distinctive short form designation assigned by the Local Agency Formation Commission of the County of San Diego to the territory proposed to be detached herein is Detachment No. 5, and the distinctive short form designation assigned by the Board of Directors of Carlsbad Municipal Water District is La Costa Detachment, and a description of the exterior boundaries of the territory proposed to be de- tached is attached hereto as Exhibit "A" and made a part hereof. (d) The territory proposed to be detached is uninhabited. (e) The reasons for the proposed detachment are: 1. That the land is currently within the boundaries of the Olivenhain Municipal Water District and can be best served with water from the Olivenhain -1- 2. 3. Municipal Water District. The detachment of said land will be for the best interests of the District. The detachment of said land will be for the best interests of the land and the owners thereof. (f) The terms and conditions of the proposed detach- ment are: 1, The payment by La Costa Land Company of a11 costs of said detachment, including, but not limited to advertising, engineering and attorney's fees. 2. The Board of Directors of Carlsbad Municipal Water Dis- trict does hereby fix Wednesday, the 16th day of December, 1970, at the hour of 2:OO o'clock P.M., at the Board Room of the Carlsbad Municipal Water District as the time and place for a public hearing on the proposed annexation, and at said time and place, any in- terested person desiring to make written protest against said de- tachment shall do so by written communication filed with the Secre- tary of the Carlsbad Municipal Water District not later than the hour set for hearing. a description sufficient to identify the land owned by him. test by a voter shall contain the residential address of such voter. - A written protest by a landowner shall contain A pro- 3. The Secretary of the Carlsbad Municipal Water District shall give notice of such hearing by publication in a newspaper of general circulation pursuant to Section 6066 of the Government Code of the State of California, and shall commence said publication at least fifteen (15) days prior to December 16, 1970. It is further directed to post notice of said hearing on or near the doors of the Board Room of the Carlsbad Municipal Water District and said posted notice shall remain posted for not less than five (5) days, and said notice shall be posted at least fifteen (15) days prior to December 16, 1970, - -2- 4. Pursuant to Section 56312 of the Government Code of the State of California, the Secretary of the Carlsbad Municipal Water District shall also give written notice by mail of such hearing and comply with Sections 56087 to 56089, inclusive, of the _- Government Code by mailing notices of said hearing to all land- owners owning land within the territory proposed to be detached and to all persons and counties, cities or districts which have thereto- fore filed a written request for special notice with the Secretary of the Carlsbad Municipal Water District. ADOPTED, SIGNED AND APPROVED this 18th day of November, 1970. President o# karlsbad Municipal Water District and of the Board of Directors thereof. ATTEST: Secretary of Carlsbad Municipal Water District and of the Board of Directors thereof. -3- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 1 ss I, WILLIAM D. CARMICHAEL, Secretary of the Board of Di- rectors of CARLSBAD MUNICIPAL WATER DISTRICT, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT, at a regular meet- ing of said Board held on the 18th day of November, 1970, and that it was so adopted by the following vote: AYES : Directors: CARMICHAEL, KELLY, McLEOD, MAERKLE and PALMER. NOES : Directors: None ABSENT: Directors: None Secretary of Carlsbad Municipal Water District and of the Board of Directors thereof. -4- .. .I ,.- 0. b All that real property situated within the County of San Diego, Sta'te of ' California, bounded and described in Parcels 1 and 2 08 follows: * PARCEL 1: * : ... .. .. .'. . ..... ,. .. .- . .; .. ... .. .. ' 1. .... :. .. .. Commencing at the intersection of the Westerly line of Section 36, Township 12 South, Range 4 West, San Bernardino Base and Meridian, and the Southerly Right of Way line of LA COSTA AVENUE:, as shown on the Map of LA COSTA SOUTH - UNIT Nd. 1, according to the Map thereof No. 6117, filed in the Office of the County Recorder of said San Diego County June 3, 1968, being also a point on the comnon boundary of the Olivenhain Hunicipal Water District and the Carlsbad Municipal Water District; thence along said. coinmon boundary, being along said Westerly line of Section 36 os follows: 1. South Oo34'2Ot1 West 441.26 fee't to the TRUE POINT OF BEGI&VIh'G; '. ... I. .. ... .. .2. 1 .! , . feet; 3, Thence Leaving said Westerly line of Section 36 and said cqon boundary of the Olivenhain Municipal Water. District and the Carlsbad Municipal, Water Di~trict, North 77'50'10" .. 'East 432.94 .. +. .. * -. Thence North 89'00'48" East 95.00 feet;. 4,. Thence South 79'59'19" East 158.00 feet; .. .. .. ' 5.' Thence South 74°30'281' East 79.00 feet; *- * ... .. .. .. .. ' ' . .:6. Thence South 56'54'49" East 83.86'feet to an angle point .in the '. . Westerly boundary of Lot 185 of said Map No. 6117; , 7. Thence along the boundary of said 'Lot 185 as follows: South 51'55'54" East 228.45 feet; .* . 8. North 46°05'361' East 215.51 feet; , ' .. .. .. .. , t I. . 9. ' North 59°13'5511 East 101.37 feet; ' .. .. .. ' . '10. ,North 66'44'27" Eact 194.36 feet; - .. ' . 11. Korth 41'14'56" East .168..10 feet; and ..' 0 . 12. ; North 84'05'04" East 94.13 feet, to anangle point.in said boundary of Lot 185 being also a point in the Northerly bound- . of Lots 158, 159, 179, 178, 175, ana 174 of said Map No. 6117 as . '.. . ary of Lot 158 of' said Map No. 6117; thence along the boundaries .. .- . . ... I. .. follows; .... '. . .,.'I l.:. ... ..... 0, .. .... ... !a*' .I .; . . .. .. .. * ... .. 0 .' '. 13. Continuing xorth 84'05'04'' East 90.83.feet; . i .. ..I ... .': be.* .\ ...... - *' . .. . ; -. r$ I .. !&' 14, . South 54'52'10t1 East 143.05 feet; ..: U. South 2'50'48" West 197.37 feet; .. ,. . 16. South 44'45'51" East 171.83 .feet; I , 17. South 10'33'59" East 153.20 feet;.and t i8. * South 83'54'24" Zast 131.05 feet to the Southeast corner or' said 9 Lot 174, being also a.point on the Westerly Right of Way line of WEVA CASTILL4 WAY, as shown on said Map No. 6117; - 1- ...... ... *. **. . Exhibit "4 '" .. . ,. .. . 19.. Thence Soutlieastcrly along a straight line to the Southwest cornet' . '" .. of .Lot,70 of said Nap No. 6117; thence along the boundaries of Lots 70, 69, 68, 67, 66, 65, and 64 of said Map No, 6117 as follows:.. . %. .. .' . .. ,. i.' . 20. Sout$ 85°38'151; East 132.13 feet;, .. .. .. .. .. .. .. .. , ; : . .. . I' . .'. I. a (. . *. .. . . ,' .. .'21. "'North. .11'44'47" East 208.49 feet; . ... ' .. .. I b , ., .; . ._ ,. 22; .North 19°02'5411 Bast. 70.52 feet; and . ... .. . .. .. , , -- . .. *. .. ... e. ' .' . \. .. ' , .I .., .. I. . , . 23.' North 24'24'.54" East 212.99 feet to thc most Easterly corner of ,. .' . . : .. tangent 1558.00 ioot radius curve, concave Southwesterly, a radial ' ' . ! i. said Lot 64, being also the most Northerly corner of Lot 79 of .. said Map No. 6117, and also being a point on the arc of a non- line to'said point bears North 24'24'54" East; thence along the .. '' : .. ,. .. a .I '. boundaries of Lots 79, 80, 83, 84, 85, 86; 87, 88, 89, and 90'of ' .. .. ' . said -. Map No. 6117 as follows; . .. .. . 24. .. Southeasterly, along the arc of said 1558.00 foot radius curve, through a central'angle of 16027123't, a distance of 447.48 feet; .. . _- 25. 26. ., 1 South 49'07'43" East 527.50 feet; Southeasterly, a3ong the arc of a .tangent. 802.00 foot radius curve, concave Northeasterly, through a ceritral angle of 8'09'42'', a distance of 114.24 feet to the most Easterly corner of said Lot . .. .. 90; .. -, ! .. .. .. . .. .. 27. Thence leaving the boundary of said Nap No. 6117, continuing ,* Southeasterly,' along the arc of said 802.00 foot radius curve, *. . # . i . through a central angle of 15'47'15", a distance of 220.99'ieet; .' .. .. .. .. ':28.' Thence South 3°OO'O01' East 180.00 feet, 'more or less, to.the being a point on the common boundary of the Olivenhain Municipal ;29. Thence Westerly, along said East-West center line of the South ' -East-West center line of the South One-Half of said Section 36, : .. .. : . 1 , Water District' and the Carlsbad Municipal Water District; .. .. .. . ,. , .. One-Half of Section 36, and along said common boundary, to the .. ! -1 .. '. Yesterly line of said Section 36; , .. r. .. . 30. Thence along said Westerly line, and continuing along the bound- ary of said Olivenhain Xunicipal Water District and the Carlsbad Xunicipal Water District, North 0'34!2011 Easf 762.81 feet to the TRUE POIhT OF BEGIWING. .r - .. I, .. .. PAIICEL 2: .. .. Corrjnencing at the intersection of the Easterly line of Section 36, Town- East-West center line of the South'One-Half of said Section 36, being also an angle point in the cormon boundary of the Olivenhain Municipal Water ' . 'shi? 12 South, Range 4 WesC, San Bernardino Base and Meridian, and the .. * District and the Carlsbad Nunicipal Water District; ' .. .. - '1. Thence along said East-West center line, 'and along said com;r,on .. '. .' .. boundary, North 89'19'19'' West 444.19 feet to the T2UE POIhT '. OF BEGINNING. ... I .2.' Thence continuing along said East-West center line, and along said . . ' 1 cornion boundary,, h'orth 89'19'19" West 877.26 feet; .'3. Thence Leaving'said East-West center line and said comion boundary * I of the Olivenhain Nunicipal Water District and the Carlsbad Nunici- pal Water District, North 11°03'00~1 West 76.08 feet; ' ' .., , .. .. ! . .. . .. . '. - 2. - .. . .' . *. ' *d . ,. a. *. .. Ex hi bit "A" Ex hi bi t “Ar