HomeMy WebLinkAbout1974-10-16; City Council; 1173; East Carlsbad annexation 2.22ORDINANCE NO. 1173
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE ANNEXATION TO THE
ED TERRITORY HER E I NAFT ER DES C R I BED AND DESIGNATING THE SAME AS THE "EAST CARLSBAD ANNEXATION NO. 2.22".
The City Council of the City of Carlsbad does ordain as
CITY OF CARLSBAD OF CERTAIN UNINHABIT-
follows:
SECTION 1. That it 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.
2.22" to the City of Carlsbad, County of San Diego, State of
California, was filed with the Local Agenc-v Formation Commission,
Reference No. CA 74-20.
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 16th day of September, 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 said
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 describ-
ed has been presented to the City Council of the City of Carlsbad
requesting annexation under the Annexation of Uninhabited Terri-
tory Act of 1939, Government Code Sections 35300 through 35326.
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E. That said petition has been signed or consent hereto has
Seen filed by the owners of all of the land in the territory
oroposed to be annexed.
SECTION 2: That said petition contains a description of
:ertain uninhabited territory sought to be included and annexed
to the City of Carlsbad and that said petition is signed by the
3wners of not less than one-fourth of the land in the territory by
2rea and by assessed value as shown on the last equalized assess-
vent 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
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.
SECTION 4. That the territory proposed to be annexed to the
City is uninhabited territory as defined by Section 35303 of the
2overnment 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. 2.22".
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 ueneral indebtedness of the City of
Carlsbad contracted prior to, or existinq or outstanding at the
time of the aforesaid proposed annexation of said described propert.
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 Cali-
fornia Government Code have been complied with.
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SECTION 8. That it does hereby approved the annexation to
the City of Carlsbad of that certain real property located in the
County of San Diego, State of Califorr'iia, designated as the "East
Carlsbad Annexation No. 2.22", and more particularly described as
f 01 1 ows :
That certain parcel of land, being portions of Lots I'D" and "E" of Rancho Agua Hedionda,
in the County of San Diego, State of Cali- fornia, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of said County, described as follows:
Commencing at Corner No. 1 of said Lot ''E", as said corner is shown on Record of Survey
Map No. 6169, filed in the Office of the County Recorder of said County; thence along the Easterly line of said Lot ''E", North 00'20'40" East, 1509.25 feet and North 80'12'22" East, 1092.86 feet to Corner No. 13 of said Lot ''E" as said corner is shown on said Record of Survey Map 6169; thence along aportion of the Southerly line of said Lot "E", South 89'30'04" East, 100.00 feet to the Southwesterly corner of land described as Parcel 2 in deed to Western Land and Development Company, a Partnership, recorded March 12, 1971 as File No. 38810 of Official Records; thence continuing along said Souther- ly line of said Lot "E", being the Southerly line of said Western Land and Development
Company land, South 89'30'04" East, 683.26 feet ", to the most Southeasterly corner of said Western Land and Development Company's land and the TRUE POINT OF BEGINNING; thence
1) along the Southeasterly line of said '4estern Land and Development Company land, North 34'44'03" East, 663.15 feet; thence
2) along the Northeasterly line of said Mestern Land and Development Company land, North 15"54'25" b-.Jest, 630.45 feet to an intersec- tion with the Southeasterly line of land described in deed to Oceanside-Carlsbad High School District, recorded November 27, 1970, as File No. 216959 of Official Records; thence along said Southeasterly line,
3) North 53'22'17" East, 870.39 feet to the Easter- ly corner of said Oceanside-Carlsbad High School District land; thence continuing along the boundary line of said Oceanside-Carlsbad High School District land, xx
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4) North 33"11'55" West, 891.30 feet to an angle point therein; thence
5) South 84"21'03" blest, 1060.12 feet to the Northwesterly corner thereof, being a point
in the boundary line of land of Horace H. Kelly described in Decree of Distribution of the Estate of William Sherman Kelly deceased, Case No. 44573 of the Superior Court of San Dieqo County, recorded May 11, 1953, in Book 4851, Page 58 as File No. 63919 of Official Records; thence from said Northwesterly corner and along the boundary line of said Horace H. Kelly land,
6) North 01'12'02" East (record = North 00°03'10"
East), 375.74 feet to an aqgle point therein; thence continuing along said boundary line of said Kelly land,
7) North 18"19'26" West (record = North 19:25'30" West), 205.03 feet to the Southwesterly corner of land described in deed to Hugh W. Warden, Et ill, recorded November 30, 1961 as File No. 206962 of Official Records; thence along the Southeasterly line of said Warden, Et Al, land,
8) North 76O49'26" East, 2716.13 feet, more or
less to an intersection with the Northerly
prolongation of the West line of the afore- mentioned Lot "D", thence continuing along the boundary of said Hugh 14. Warden, et a1 land and the West line of Lot "D" and its Northerly prolonuation,
9) South 13'10'34" East, 1735.00 feet to an angle point in said Hugh W. Yarden, Et Al, land; thence leaving the West line of said Lot "D" and continuinq along the boundary of said Hugh W. Warden, Et Al, land,
10) North 89'52'25" East, 1632.22 feet, more or less, thence"1eavinq Said Hugh M. Warden, 'Et Al, land,
11) South 00"07,'35" East, 1857.96 feet, more or less, to an intersection with the South line
of said Lot 'ID"; thence along the South line
of said Lot 'ID",
less, to PoinE 2 of said Lot "D" as shown on said Map No. 823, being also Point 12 of said Lot "E" and the Southeasterly corner of said Lot "E"; thence along the South line of said Lot "E",
12) North 89'30'04" West, 1131.00 feet, more or
13) North 89'30'04" !Jest, 2830.50 feet, more or less, to the TRUE POINT OF BEGINMIWG.
Said parcel of land contains 226 acres, more or less.
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SECTION 9. That the City Clerk is directed to prepare under
ea1 a certified copy of this ordinance givinu the date of its
~doption and transmit it to the Secretary of State.
SECTION 10: EFFECTIVE DATE. This Ordinance ;hall take effect
ind be in force on the 31st day from and after its adoption.
SECTION 11: PUBLICATION. The City Clerk of the City of
larlsbad is hereby directed to cause this Ordinance to be published
)rice in the Carlsbad Journal, a newspaper published and of general
:irculation in said City of Carlsbad.
INTRODUCED AND FIRST READ at a regular meeting of the City
:ouncil held on the day of October, 1974, and thereafter
’ASSED, APPROVED AND ADOPTED at an adjourned regular meeting held
in the 16th day of October, 1974, by the following vote, to wit:
AYES : Cmn. Frazee, McComas, Lewis, Chase and Skotnicki.
NOES: None.
ABSENT: None.
ROBERT C. FRAZEE, P6yor
4TTEST:
(SEAL)
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