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HomeMy WebLinkAbout1975-05-20; City Council; 1180; East Carlsbad annexation 2.24(t AFFIDAVIT STATE OF CALIFORNIA: COUNTY OF SAN DIEGO: CITY OF CARLSBAD ss. tell 75 OFFICIAL RECORDSSAW WECO COUNT r.CAUF. HAftLEYF. BLOOMUECOROER MARGARET E. ADAMS, being first duly sworn, deposes and says : That during all the times herein mentioned she was and now is, the duly elected, qualified and acting City Clerk of the City of Carlsbad. That annexation proceedings of uninhabited territory to the City of Carlsbad, known as "East Carlsbad Annexation No. 2.24", has been completed in accordance with the pro- visions of the Government Code of the State of California. NO FEE DATED: August 18, 1975 MA^G/RET E. AOAMS" " City Clerk '•, , •r \ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1C 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1767 ORDINANCE NO. • 1180 AN ORDINANCE OF THE CITY COUNCIL OF THE . CITY OF CARLSBAD, CALIFORNIA APPROVING 'THE ANNEXATION TO THE CITY OF CARLSBAD OF CERTAIN UNINHABITED TERRITORY HEREIN- AFTER DESCRIBED AND DESIGNATING THE SAME AS THE "EAST CARLSBAD ANNEXATION NO. 2.24". the City Council of the City .of Carlsbad does ordain as follows: . • • SECTION 1: That it does hereby find and declare as follows A. That an application for approval of r proposal for the initiation of proceedings for the annexation of territory herein- after identified and described as "East Carlsbad Annexation No. 2.24" to the City of Carlsbad, County of San Diego, State of California, was filed with .the' Local.Agency Formation Commission, Reference No. CA 75-1. B. That a resolution of the said Local Agency Formation Commission, after a hearing "held in the manner'requi re.d by law, was duly passed and adopted on the 7th day of April, 1975, 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 not ice 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 signa- tures 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 1. 8 9 10 11 12 13 14 16 1.7 18 19 20 21 22 23 24 25 26 27 28 :29 30 31 32 1768 has been filed by the owners of all of/the land in the territory proposed to be annexed. ; . SECTION 2: Tha.t 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 ~s 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 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. 2.24". - SECTION 6: That upon the completion of said annexation all of the property included therein shall be taxed .accordingly with 1 % * * 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 complied with-. IMIJLPJLJ.: That it does hereby approve * 'ie annexation to 2. C 1769 l||the City of Carlsbad of that certain real property located in the County of San Diego, State of California, designated/as the "East Carlsbad Annexation No. 2.24", and more particularly described as 5 6 7 8 9 10 11 12 .13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 follows: That portion of Lot "J" of Rancho Agua Hedionda in the County of San Diego, State of California, according to Map 82.3 filed November 16, 1896, in the office of the County Recorder, described as follows: Beginning at a point of the Northeast corner of Lot 13 of El Camino Mesa #5, Map 6693, saicf'Map being filed 'in the office of the County Recorder, County of San Diego, State of California; thence 1, S. 89°44'05". E a distance of 151.04 feet; thence 2.N. 6°29'30" W a distance of 843.43 feet; thence 3. S, 89°49'02" E a distance of 2,335.37 feet; thence 4. S. 23°27'30" E a distance of 1,313.00 feet; thence W a distance of 2,763.45 feet; thence5.-. S. 82^00'o/ 6. N. 49°19'55" W a distance of 220.6.2 feet; thence 7.. N. 6°29'30." W a distance, of 585.14; 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 adoption and transmit it to the Secretary of State. % SECTION 10: EFFECTIVE DATE: This ordinance shall take effect and be in force thirty days a.fter 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 within fifteen days after its adoption said 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 61:h day of May t 1975 and thereafter S PASSED, APPROVED AND ADOPTED at a regular meeting held on the- XXX XXX .XXX XXX XXX 3. 1770 1 2 5 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 20th day Of _ .AYES: NOES:' ABSENT: None May t 1975, by the -following vote, to wit: Councilmen Frazee, .'Chase, Lewis, .Skotnicki and Counci1 woman Casler None ROBERT C. FRAZEE, Ma/ ATTEST: -. ADAMS-sT City Clerk (SEAL) 4. -- C 1771 O STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. I, :/ ...M.a.r.9 a r.S t .E .... A^^ITIgierk Of the City Of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original ...Qr-di.n.an.C& .............. passed and adopted; by. ,s.aid City Council, at ....a.-..r.e.£|.LI-l.a-F ........... meeting thereof, at the time and by the vote therein- \ • *" . *"\ ' i \' /'''„"">'.• •°v' vV''V!-"-':'-u^ ''')".•?•" n A •-( stfrtijil^ wh^eh^priginal ....Q.r.dl.n.a.nc.e. .......... ... is now on file in my office: that the same contains a full, true •::Sarfd corr«g£/^anscftpt therefrom and of the whole thereof. ;• i ""^Wr&ess mi fend and the seal of said City of Carlsbad, this 19.t.hclay of ........... A.u.g.US.t..,...1.97.5.J. .......... " : '"'- '"''- ...City Clerk 1772 Office of March Jong 3ecretarg of SACRAMENTO I, MARCH FONG EU, Secretary of State of the State of California, hereby certify: TJiat on the _ 4th day of _ August _ , 7.Q y& , pursuant to the provisions of Chapter 1 of Part 2 of Division 2 of Title 4 of the Government Code, relating to the annexation of territory to a city, there was filed in this office a certified copy of _ Ovd-fawnce- #<?.. 1180 _ as regularly passed and adopted by the City Council of the CITY OF CARLSBAD __ } nn /fay 20, 1S7S _ approving the annexation to said city of certain described contiguous. .uninha&i ted _ territory designated tut "mST CARLSBAD ASBSXAIIOU NO. 2.24" _ IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this 8th day of August, 197S. Secretary of State SEC/STATE FORM CE-19 <REV. 1-75)26653-662 8-74 3M (D OSP b 21 3 4 51 ORDINANCE NO. 11 80 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE ANNEXATION TO THE CITY OF CARLSBAD AFTER DESCRIBED AND DESIGNATING THE SAME AS THE "EAST CARLSBAD ANNEXATION NO. 2.24". OF CERTAIN UNINHABITED TERKITORY HEREIN- follows: 11 lo 12 13 14 a 9 initiation of proceedings for the annexation of territory herein- I after identified and described as "East Carlsbad Annexation No. 2.24" to the City of Carlsbad, County of San Diego, State of I California, was filed with the Local Agency Formation Commission, Reference No. CA 75-1. --- SECTION 1: That it does hereby find and declare as follows: A. That an application for approval of a proposal for the I- I. I i has been filed by the owners of all of the land in the territory il 6 7 8 9 10 11 12 13 14 15 16 SECTION 2: That said petition contains a description of !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 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 26 27 28 29 30 31~ 32 17 18 19 20 21 22 23 24 25 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 complied with. - SECTION 8: That it does hereby approve the annexation to 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. 2.24". 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 2. 1 2 3 I County of San Diego, State of California, designated as the "East Carlsbad Annexation No. 2.24", and more particularly described as the City of Carlsbad of that certain real property located in the 1 17 18 l9 20 21 22 23 24 25 26 27 its adoption and transmit it to the Secretary of State. - SECTION 10: EFFECTIVE DATE: This ordinance shall take effect and be in force thirty days 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 within fifteen days after its adoption, said 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 6th day of May , 1975 and thereafter PASSED, APPROVED AND ADOPTED at a regular meeting held on the 10 11 12 13 28 29 That portion of Lot "J" of Rancho Agua Hedionda in the County of San Diego, State of California, according to Map 823 filed November 16, 1896, in the office of the County Recorder, described as follows: XXX xxx Beginning at a point of the Northeast corner of Lot 13 of El Camino Mesa #5, Map 6693, said Map being filed in the office of the County Recorder, County of San Diego, State of California; thence 1. S. 89z44'05" E a distance of 151.04 feet; thence 2. N. 6029'30" W a distance of 843.43 feet; thence 3. S. 89049'02" E a distance of 2,335.37 feet; thence 4. S. 23027130" E a distance of 1,313.00 feet; thence 5. S. 82 00' W a distance of 2,763.45 feet; thence 6. N. 49:19'55" W a distance of 220.62 feet; thence 7. N. 6 29'30" W a distance of 585.14; to the point of beginning. I 15 16 SECTION 9: That the City Clerk is directed to prepare under seal a certified copy of this ordinance giving the date of I xxx 30 11 31 32 xxx xxx 3. 4. I I I 21 31 41 I 5' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 20th day of - May , 1975, by the following vote, to wit: AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and NOES: None ABSENT : None ~ Councilwoman Casler \ / " '* ,$&&$..>JC i?i' -+ LGd?/@- ROBERT C. FRAZEE, May%r i ATTEST: (SEAL) I