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HomeMy WebLinkAbout1963-11-19; City Council; 1084; South Carlsbad annexation 1.4,e Sscrefory tf Shite ' >• T^10;^'California ORDINANCE NO. 1084 Ui:;Ca6l963 i KM M J38DANL Secretary of Sfafe AN ORDINANCE OF THE CITY OF CARLSBAD ^ **'••*& C. STUTLER APPROVING THE ANNEXATION OF CERTAIN A"i"OIitSccret0^ofsw» UNINHABITED TERRITORY, DESIGNATED "SOUTH CARLSBAD ANNEXATION 1. 4". BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CARLSBADi WHEREAS, on the 17th day of September, 1963, the Council of the City of Carlsbad did pass and adopt Resolution No. 939 giving notice of the proposal to annex certain uninhabited territory to the City of Carlsbad, said territory being therein designated as "South Carlsbad Annexation 1. 4", said Resolution describing the boundaries of the territory proposed to be annexed; and WHEREAS, said Resolution No. 939 did contain a notice of the day, hour and place when and where the Council of the City would hear protests made by any person owning real property within the territory proposed to be annexed, the time of said hearing being not less than forty nor more than sixty days from the date of passage of said Resolution; and WHEREAS, on the 5th day of November, 1963, at the hour of 7:30 P. M. in the Council Chambers in the City Hall of the City of Carlsbad, County of San Diego, State of California, said time and place being the day, hour and place fixed in said Resolution No. 939 for hearing protests to the said annexa- tion, the said City Council did hear and pass upon all protests made to the proposed annexation and did determine as set forth in Resolution No. 949, that protests had not been made by the owners of one-half of the value of the privately owned territory proposed to be annexed as shown by the last equalized assessment roll, nor by public owners of one-half of the value of the publicly owned territory proposed to be annexed as determined by said legislative body; and WHEREAS, said territory is contiguous to the City of Carlsbad, and is uninhabited territory in the County of San Diego; NOW, THEREFORE, the said Council of the City of Carlsbad does hereby approve the annexation of the territory hereinafter described to the City of Carlsbad, and does hereby further ordain that the said territory be and is hereby annexed to the City of Carlsbad. That said territory, the annexation of which to the City of Carlsbad is herein approved, is all that territory situate in the County of San Diego, State of California, more particularly described in Exhibit "A", attached hereto and made a part hereof as if fully set forth herein.Cr\ '/ ' EFFECTIVE DATE. This ordinance shall take effect and be in force on the thirty-first day from and after its adoption. PUBLICATION. The City Clerk of the City of Carlsbad is hereby directed to cause this Ordinance to be published once in the Carlsbad Journal a newspaper published and in general circulation in the said City of Carlsbad. FILING OF ORDINANCE WITH SECRETARY OF STATE. The City Clerk of the City of Carlsbad is hereby directed to prepare under the seal of the City of Carlsbad a certified copy of this ordinance, giving therein its date of passage, and effective date, and to transmit said copy to the Secretary of State of the State of California. First read at a regular meeting of the City Council held on the 5th day of November, 1963, and finally passed, approved and adopted at a regular meeting of said Council held on the 19th day of November, 1963, by the following vote, to wit: AYES: Councilmen McPherson, Biercc, Guevara, Neiewender and Hughes. NOES: None ABSENT: None &FLLIAM G.' GUEVARA7^Mayor" of the City of Carlsbad, Carlsbad, California ATTEST: -2- • " . „ September 12, 1963 ^ LEGAL DESCRIPTION South Carlsbad Annexation 1.4 All that unincorporated area in the County of San Diego, State of California, lying within the following described boundary lines: 1. Beginning at a point in the Southerly line of Lot H of the Rancho Agua Hedionda, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of said San Diego County, said line being the Southerly City Boundary of the City of Carls- bad, said point being located on the Easterly Right of Way line of the California State Highway XI-SD-2B as shown on State of California Department of Public Works, Division of Highways, Dis- trict XI Right of Way Map No. LO 9628 to No. LO 9636; 2. Thence along said Easterly Right of Way line as follows, South 24° 44' 20" East 440.82 feet to the beginning of a tangent 5080 foot radius curve, concave Southwesterly; 3. Thence Southeasterly along the arc of said curve 328.35 feet through a central angle of 3° 42' 12"; 4. Thence South 24° 27' 58" East 342.10 feet; 5. Thence South 63° 45' 53" East 141.43 feet; 6. Thence South 14° 37' 51" East 425.67 feet; \ 7. Thence South 17° 19' 22" East 132.00 feet; 8. Thence South 71° 14' 10" West 120.00 feet; 9. Thence South 18° 45' 50" East 593.60 feet; 10. Thence North 89° 57' 50" East 53.24 feet to the beginning of a 20.00 foot radius curve, concave Southeasterly; 11. Thence Southwesterly along the arc of said curve 37.95 feet through a central angle of 108° 43' 40"; 12. Thence Southerly along the Easterly line of the Frontage Road as shown on said Right of Way Maps as follows, South 18° 45' 50" East 1172.82 feet to the beginning of a tangent 19,846 foot radius curve concave Northeasterly; 13. Thence Southeasterly along the arc of said curve 370.43 feet through a central angle of 1° 4' 10"; South Carlsbad Annexation 1.4 Legal,Description -2-September 12, 1963 14. Thence tangent to said curve South 19° 50' 00" East 3,628.47 feet to the beginning of a tangent 6,120 foot radius curve, concave Northeasterly; 15. Thence Southeasterly along the arc of said curve, 526.06 feet through a central angle of 4° 55' 30"; 16. Thence tangent to said curve, South 24° 45' 30" East 100.11 feet to a point on said Easterly Right of Way line of the California State Highway; 17. Thence along said Easterly Right of Way line as follows, South 24° 45' 30" East 164.55 feet to the beginning of a tangent 6,280 foot radius curve, concave Southwesterly; 18. Thence Southeasterly along the arc of said curve 219.82 feet through a central angle of 2° 00' 20"; 19. Thence North 85° 19' 30" East 178.05 feet; 20. Thence South 4° 40' 30" East 663.18 feet; 21. Thence South 17° 31' East 591.72 feet to a point; 22. Thence leaving said Easterly Right of Way line at right angles thereto, South 72° 29' West 264.00 feet to the point of inter- section of the Westerly line of Section 33, Township 12 South, Range 4 West, San Bernardino Base and Meridian, with the Westerly Right of Way line of said California State Highway XI-SD-2B; 23. Thence South 0° 01' 50" East along said Westerly line of Section 33 to a point on the Mean High Tide Line of the Pacific Ocean; 24. Thence Southeasterly along said Mean High Tide Line to a point on the Northerly line of the Southwest Quarter of said Section 33; Thence Westerly along the Westerly prolongation of said Northerly line of said Southwest Quarter of Section 33, 3 English miles to a point in the Westerly boundary line of the State of California, as said boundary is described in Article XXI of the Constitution of the State of California; 26. Thence Northerly along said Westerly boundary of the State of California to its intersection with the Westerly prolongation of the Southerly line of said Lot H of the Rancho Agua Hedionda; 27. Thence Easterly along said Westerly prolongation of said Southerly line of Lot H to the Mean High Tide Line of the Pacific Ocean. » 28 Thence Easterly along said Southerly line of said Lot H, of the Rancho Agua Hedionda to the POINT OF BEGINNING. STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. Margaret E. Adams I,/ .., City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original Ordinance. $1084.. passed and adopted by said City Council, at 3,.regular. meeting thereof, at the time and by the vote therein stated, which original Ordinance #-10&4. is now on file in my office: that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this .23rdday Of.. DecemberJ...1.9.6.3. (SEAL) City Clerk DEPARTMENT OF STATE To all whom these presents shall come, Greetings: I, FRANK M. JORDAN, Secretary of State of the State of California, hereby certify: That the annexed transcript has been compared with the RECORD on file in my office, of which it purports to be a copy, and that the same is full, true and correct. In testimony whereof, I, FRANK M. JORDAN, Secretary of State, have hereunto caused the Great Seal of the State of California to be affixed and my name subscribed, at the City of Sacramento, in the State of California, this... Assistant Secretary of State FRANK M. JORDAN SECRETARY OF STATE State SACRAMENTO I, FRANK M. JORDAN, Secretary of State of the State of California, hereby certify: That on the_-26.th day of——December- , 19-63-, pursuant to the provisions of the "Annexation of Uninhabited Territory Act of 1939," more particularly Section 35317 of the Government Code, there was filed in my office: A copy of Ordinance No. -1084 as regularly passed and adopted by the legislative body of the City hereinafter named on the—.lith day of Ngm«bS£. , 19.M.., certified by Margaret _ E_._-Ad»WL f Qty clerk. I further certify that said Ordinance sets forth approval of the annexation to the CITY OF -CARLSMD. of contiguous uninhabited territory, contains a description of its boundaries and designates the annexed area as: IN WITNESS WHEREOF, I hereunto set my hand and affix the Great Seal of the State of California this Jlfxth. day of December. , 19_,.6a. Secretary of State 88912 6-63 3500 SPO TR - TRUST MF ^iASE F EIVED C rRUST FUND ' _RECCRDER /r BEC-31S 63o6:U 2 ' '.sin this receipt for you; "ion as well as ours. DEC-31S 46 ?. it any w;'"AY RECORDERCounty or ban Die 2W5k/*» ^^^ / No.1 ORDINANCE NO. 1084 AN ORDINANCE OF THE CITY OF CARLSBAD APPROVING THE ANNEXATIQN OF CERTAIN UNINHABISFED TEitRITORY, DESIGNATED "SOUTH CARLSBAD AXNEXATIQN 1.4". BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CARLSBADr WHEREAS, on the 17th day of September, 1963, the Council of the City of Carlsbad did pass and adopt Resolution No. 939 giving notice of the proposal to annex certain uninhabited territory to the City of Carlsbad, said territory being therein designated as "South Carlsbad Annexation 1.4", said Resolution describing the boundaries of the territory proposed to be annexed; and WHEREAS, said Resolution No. 939 did contain a notice of the day, hour and place when and where the Council of the City would hear protests made by any person owning real property within the territory proposed to be annexed, the time of said hearing being not less than forty nor more than sixty days from the date of passage of said Resolution; and WHEREAS, on the 5th day of November, 1963, at the hour of 7: 30 P. M. in the Council Chambers in the City Hall of the City of Carlsbad, County of San Diego, State of California, said time and place being the day, hour and place fixed in said Resolution No. 939 for hearing protests to the said annexa- tion, the said City Council did hear and pass upon all protests made to the proposed annexation and did determine as set forth in Resolution No. 949, that protests had not been made by the owners of one-half of the value of the privately owned territory proposed to be annexed as shown by the fast equalized assessment roll, nor by public owners of one-half of the value of the publicly owned territory proposed to be annexed as determined by said legislative body; and WHEREAS, said territory is contiguous to the City of Carlsbad, and is uninhabited territory in the County of San Diego; NOW, THEitEFCRE, the said Council of the City of Carlsbad does hereby approve the annexation of the territory hereinafter described to the City of Carlsbad, and does hereby further ordain that the said territory be and is hereby annexed to the City of Carfsbad. That said territory, the annexation of which to the City of Carlsbad is herein approved, is all that territory situate in the County of San Diego, State of California, more particularly described in Exhibit "A", attached hereto and made a part hereof as if fully set forth herein. EFFECTIVE DATE, Tbts ordinance shall take effect and be in force I-___ ____- on the thirty-first day from and after its adoption. PUBLICATION, The City Clerk of the City of Carlsbad is hereby directed to cause this Ordinznce to be published once in the Carlsbad Journal a newspaper published and in general circulation iri the said City of Carlsbad. FILING QF-OBDINANCE WITH SECRETARY OF STATE:, The City - --- Clerk of the City of Carlsbad is hereby directed to prepare under the seal of the City of Carlsbad a certified copy of this ordinance, giving iE-tc\- ein its date of passage, and effective date, and to transmit said copy to the Secretary of State of the State of kalifarnia. First read at a regular meeting of the City Council held on the 5th day of November, 1963, and finally passed, approved and adopted at a regular meeting of said Council held on the 19th day of November, 1963, by the following vote, to wit: ABSENT None I Y of the City of Carlsbad, Carlsbad, California ATTEST (SEAL) -2- IC .. e 9 4 Septerriber 12, 1963 LEGAL DESCRIPTION South Carlsbad Annexation 1,4 All that unincorporated area in the County of San Diego, State of California, Lying within the following described boundary lines: I, Beginning at a point in the Southerly line of Lot H o€ the Rancho Agua Hedionda, according to Partition Map thereof No, 823, filed in the Office of the County Recorder of said San Diego County, said line being the Southerly City Boundary of the City of Carls- bad, said point being located on the Easterly Right of Way line of the California State Highway XI-SD-2B as shown on State of California Department of Public Works, Division of Highways, Dis- trict XI Right of Way Map Noo LO 9628 to No. LO 9636: 2. Thence along said Easterly Right of Way line as follows, South 24O 44' 20" East 440,82 feet to the beginning of a tangent 5080 foot radius curve, concave Southwesterly; 3. Thence Southeasterly along the arc of said curve 328.35 feet through a central angle of 3O 42' 12"; 4. 5, 6, ', 7 0 8. 9. LO , 11 e 12 13. Thence South 24O 27' 58" East 342-10 feet: Thence South 63O 45' 53" East 141.43 feet; Thence South 14O 37' 51" East 425,67 feet; Thence South 17O 19' 22" East 132,OO feet; Thence South 71° 14' 10" West 120,OO feet; Thence South 18O 45' 50" East 593-60 feet; Thence North 89O 57' 50" East 53-24 feet to the beginning of a 20.00 foot radius curve, concave Southeasterly; Thence Southwesterly along the arc of said curve 37.95 feet through a central angle of 108* 43 ' 40"; Thence Southerly along the Easterly line of the Frontage Road as shown on said Right of Way Maps as follows, South L8O 45' 50" East 1172-82 feet to the beginning of a tangent 19,846 foot radius curve concave Northeasterly: Thence Southeasterly along the arc of said curve 370.43 feet through a central angle of lo 4' 10"; South Car lsbad Annexation 1-4 Legal Description 14. 15 16 . 17 . 18 19'. 20 21 22 0 23. 24. 25. 26. 27 28 -2- September 12, 1963 Thence tangent to said curve South 19' 50' 00" East 3,628-47 feet to the beginning of a tangent 6,120 foot radius curve, concave NortheasterLy: Thence Southeasterly along the arc of said curve, 526.06 feet through a central angle of 4O 55' 30": Thence tangent to said curve, South 24O 45' 30" East 100,ll feet to a point on said Easterly Right of Way line of the California State Highway: Thence along said Easterly Right of Way line as follows, South 24O 45' 30" East 164.55 feet to the beginning of a tangent 6,280 foot radius curve, concave Southwesterly: Thence Southeasterly along the arc of said curve 219.82 feet through a central angle of 2O 00' 20": Thence North 85O 19' 30" East 178.05 feet: Thence South 4' 40' 30" East 663,18 feet; Thence South 17O 31' East 591-72 feet to a point: Thence leaving said Easterly Right of Way line at right angles thereto, South 72' 29' West 264,OO feet to the point of inter- section of the Westerly line of Section 33, Township 12 Som$h, Range 4 West, San Bernardino Base and Meridian, with the Westerly Right of Way line of said California State Highway XI-SD-2B : Thence South Oo 01' 50" East along said Westerly line of Section 33 to a point on the Mean High Tide Line of the Pacific Ocean: Thence Southeasterly along said Nean High Tide Line to a point on the Northerly line of the Southwest Quarter of said Section 33; Thence Westerly along the Westerly prolongation of said Northerly line of said Southwest Quarter of Section 33, 3 English miles to a point in the Westerly boundary line 05 the State of California, as said boundary is described in Article XXI of the Constitution of the State of California: Thence Northerly along said Westerly boundary of the State of California to its intersection with the Westerly prolongation of the Southerly line of said Lot H of the Rancho Agua Hedionda; Thence Easterly along said Westerly prolongation of said Southerly line of Lot H to the Mean High Tide Line of the Pacific Ocean. Thence Easterly along ;aid Southerly line of said Lot H, of the Rancho Agua Hedionda to the POINT OF BEGINNING.