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HomeMy WebLinkAbout1974-07-16; City Council; 1170; East Carlsbad annexation 2.201 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 2: 24 25 2€ 27 2E 2s 3c 33 32 ORDINANCE NO. 11 70 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE ANNEXATION TO THE CITY OF CAKLSBAD AFTER DESCRIBED AND DESIGNATING THE SANE AS THE "EAST CARLSBAD ANNEXATION NO. 2.20".- OF CERTAIN UNINHABITED TERRITORY HEREIN- The City Council of the City of Carlsbad does ordain as foll ows : SECTION 1: That is does hereby find and declare as follows: A. That an application for approval of a proposal for the initiation of proceedings for the annexation of territory herein- after identified and described as "East Carlsbad Annexation No. 2.20" to the City of Carlsbad, County of San Diego, State of California, was filed with the Local Agency Formation Commission, iieference No. CA 74-12. B. That 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 3rd day of June, 1974, approving the application for annexation of the territory herein- after described by metes and bounds to the City of Carlsbad. C. That 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 silid territory without notice and hearing by said Council and without an election as provided in California Government Code Section 54797.1. D. That 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. E. That said petition has been signed or consent hereto has 5 6 7 8 9~ 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 29 30 31 32 been filed by the owners of a11 of the land in the territory I1 i proposed to be annexed. SECTION 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. SECTION 3: That the City Council hereby declares that said petition has been signed or consent to the proposed annexation Tiled 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. SECTION 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. SECTION 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. 2.20". SECTION - 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. SECTION 7: That all requirements of law necessary to the 'adoption of this ordinance approving the annexation of certain uninhabited territory pursuant to Section 35310.1 of the California ~ Government Code have been comp? ied with. SECTION 8: That it does hereby approve the annexation to the 2. 1 2 3 4 5 6 7 8 9 1c 13 12 12 14 1E 16 17 1€ 1s 20 21 22 23 24 25 26 27 28 29 I 3c City of Carlsbad of that certain real property located in the County of San Dieyo, State of California, designated as the "East Carlsbad Annexation No. 2.20", and more particularly described as fol 1 ows: That portion of Lot B of Rancho Agua Hedionda in the City of Carlsbad according to Map there- of No. 823 filed in the Office of the County Recorder November 16¶ 1896 in the County of San Diego, State of California, described as fOl1 ows : 1. Beginning at "Point 15" of said Lot I'B", as said "Point 15" is designated on said Map No. 823; thence along the Easterly boundry of said Lot By South 3'05'08" East (Record South 3"03'00" East) a distance of 5370.55 feet to a point in the arc of a non-tangent 1480.00 foot radius curve concave Southerly, a radial to said po-int bears North 1'08'34" East; 2. Thence leaving said Easterly boundry of lot 0 and Westerly along the arc of said curve through a central angle of 11'59'25" a distance of 309.72 feet; 3. Thence South 79'09'09" Nest a distance of 803.98 feet to the beginning of a tangent 2720.00 foot radius curve concave Northerly; 4. Thence Westerly along the arc of said curve through a central angle of 26'56'49" a distance of 1279.25 feet; 5. Thence North 73'54'02" West a distance of 453.00 feet to the beginning of a tangent 3280.00 foot radius curve concave Southerly; 6. Thence Westerly along the arc of said curve through a central angle of 21'31'20" a distance of 1232.08 feet; 7. Thence South 84'34'38" Nest 577.68 feet; 8. Thence North 3'05'05" West 4394.49 feet; 9. Thence North 51'04'00" East 1456.04 feet to a point in the Northerly boundry of said Lot B as shown on said Map No. 823; 10. Thence South 89'54'00" East along the Northerly boundary of said Lot By shown on said Map No. 823 a distance of 3408.54 feet to the Point of Beginning. -- SECTION 9: That the City Clerk is directed to prepare under seal a certified copy of this ordinance giving the date of its 3. 31 32 I I adoption and transmit it to the Secretary of State. -. SECTION 10: - EFFECTIVE DATE: This ordinance shall take effect and be in force on the 31st day from and after its adoption. SECTION 11: 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 of general circulation in said City of Carlsbad. INTRODUCED AND FIRST READ at a regular meeting of the City Council held on the 2nd day of Ju1.y , 1974, and thereafter PASSED, APPROVED AND ADOPTED at a regular meeting held on the 16th day of Ju1.y , 1974, by the following vote, to wit: AYES : NOES: None. ABSENT : None. Councilmen Frazee, Chase, McComas, Lewis and Skotnicki. TdAjFy?d+& ROBERT’C. FRAZEEPMayor ATTEST: (SEAL) 4.