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HomeMy WebLinkAbout1974-02-06; Municipal Water District; Resolution 314RESOLUTION NO. 314 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT ORDERING THE ANNEXATION OF CERTAIN TERRITORY DESIGNATED LA COSTA ESTATES NORTH ANNEXATION TO THE CARLSBAD MUNICIPAL WATER DISTRICT AND IMPROVEMENTS DISTRICTS 1, 2 AND 4 OF CARLSBAD MUNICIPAL WATER DISTRICT PURSUANT TO SECTION 56322 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA (LA COSTA ESTATES NORTH ANNEXATION) THE BOARD OF DIRECTORS OF THE 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 the Carlsbad Municipal Water District commenced the preliminary proceedings for the annexa- tion of the territory described herein by filing with the Local Agency Formation Commission of the County of San Diego, Resolution No. 307 of the Board of Dir- ectors of Carlsbad Municipal Water District, adopted October 17, 1973. (b) The territory described in said Resolution No. 307 is the territory hereinafter described in this Resolution. (c) That all of the owners of the land within the territory proposed to be annexed have given their written consent to such annexation. (d) That the owners of the land proposed to be annexed, La Costa Land Company, has agreed to pay to the Secretary of the Carlsbad Municipal Water District all costs of said annexation, including, but not limited to, advertising, engineering and attorney's fees. -1- (e) The Local Agency Formation Commission of San Diego County has approved the proposed annexa- tion by their resolution entitled, "RESOLUTION OF LOCAL AGENCY FORMATION COMMISSION APPROVING A PRO- POSED ANNEXATION TO THE CARLSBAD MUNICIPAL WATER DISTRICT (LA COSTA ESTATES NORTH ANNEXATION)," adopted January 7, 1974, under the Commission's reference No. Ref: CO(A) 73-158 and assigned the distinctive short form designation of LA COSTA ESTATES NORTH ANNEXATION. (f) That the territory to be annexed shall be included in Improvement District 1, 2 and 4 of the Carlsbad Municipal Water District. (9) That the territory proposed to be annexed to Carlsbad Municipal Water District will be bene- fited thereby. (h) That Carlsbad Municipal Water District to which the territory is proposed to be annexed will be benefited by said annexation and will not be in- jured thereby. (i) That the proceedings had for the said an- nexation were genuine and sufficient and in all respects complied with the District Reogranization Act of 1965, beginning with Section 56000 of the Government Code of the State of California. 2. The Board of Directors of Carlsbad Municipal Water District does hereby order the annexation of all the territory described in Exhibit "A" attached hereto, subject to the follow- ing terms and conditions: (a) The payment by La Costa Land Company of all costs of said annexation, including, but not -2- limited to, advertising, engineering and attor- ney's fees. (b) The territory to be annexed shall be included in Improvement Districts 1, 2 and 4 of the Carlsbad Municipal Water District. 3. This annexation shall become effective immediately upon the adoption of this Resolution. This Resolution is being adopted pursuant to Section 56322 of the Government Code of the State of California, and pursuant to the Resolu- tion (Ref: CO(A) 73-158) of the Local Agency Formation Commission of San Diego County, adopted January 7, 1974. 4. The Resolution is being adopted without notice and hearing or without an election pursuant to Section 56322 of the Government Code of the State of California. 5. The Secretary of the Carlsbad Municipal Water District is hereby authorized and directed to: (a) Comply with the provisions of Chapter 8, Division 1 of the Government Code of the State of California, commencing with Section 56450 through 56457, inclusive. (b) Transmit to and file with the County Assessor of the County of San Diego and the Board of Equalization of the State of California, certified copies of this Resolution and description of the boundaries of the terri- tory so annexed to the Carlsbad Municipal Water District and a map depicting said boundaries, all in compliance with Sections 54900, et seq., of the Government Code of the State of -3- California. ADOPTED, SIGNED AND APPROVED this 6th day of February, - 1974. Pres iden t of fdlsbad Municipal Water Distri t and of the Board of Directors thereof. ATTEST: Secretary of Carlsbad Municipal Water District and of the Board of Directors thereof. -4- STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 ) ss. I, W. D. CARMICHAEL, Secretary of the Board of Directors of CARLSBAD MUNICIPAL WATER DTSTRICT, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT at a regular meeting of said Board held on the 6th day of February, 1974, and that it was so adopted by the following vote: AYES : Directors: Carmichael, Engelmann, Kelly, McLeod, and Maerkle. NOES : Directors : None. ABSENT : Directors: None. Secretary of Carlsbad Municipal Water District and of the Board of Directors thereof. -5- All that portion of the Southwest Quarter of the Southwest Quarter of Section 30, Township 12 South, Range 3 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the Official Plan thereof, described as follows: Beginning at a point. in the West line of said Section 30, distant along said line North 0'51'37" East, 1.01.61 feet from the Southwest corner of said Section; thence along said line North 0' 51'37" East, 1084.42 feet to an intersection with the Southwesterly boundary of La Costa Meadows Unit No. 4, according to Map thereof No. 7367, filed in the Office of the County Recorder of said County, said boundary being the North- easterly line of that certain 200.00 foot easement described in deed to San Diego Gas & Electric Co., recorded May 12, 1954 as Document No. 62394, Offi- cial Records of said County, thence along said boundary and said Northeasterly line South 64'13' 23" East, 576.59 feet; thence leaving said North- easterly line South 25'46'37" West, 325.00 feet; thence South 44"30'40" West, 247.28 feet; thence South 4'04'20" West, 156.25 feet; thence South 52'15'00'' West, 160.00 feet; thence South 36"55'10" West, 138.51 feet to the POINT OF BEGINNING. EXHIBIT' "A" - ~ . . . . . . . .. ~. . ,