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HomeMy WebLinkAbout1975-08-05; City Council; 1185; East Carlsbad annexation 2.23to;525 75-282147 -ILt/PACENO..BOOK 1975RECORDED REQUEST OF OrrW SAN DIEG3COli.M-| V.CALIF. HARLEYF. BLOOM RE'COROtR ©ffice of Ularch Jfong £ecmarg of £tatc SACRAMENTO I, MARCH FONG EU, Secretary of State of the State of California, hereby certify: That on A* j** Ay nf ^^^ , 19 J*. 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 tmjwm&e m. as regularly passed and adopted by the City Council of the CITY OF 4?4§'«#£ £4 l$??t, on approving the annexation to said city of certain described contiguous.fa *.«designated as territory IN WITNESS WHEREOF, I execute this certificate and affix the Great day or 1 9T#VC0i lu-- Secretary of State SEC/STATE FORM CE-I9 (REV. i-70)BEST ORIGINAL 26853-862 8.74 3M © OSP AFFIDAVIT STATE OF CALIFORNIA: COUNTY OF SAN DIEGO: ss. CITY OF CARLSBAD: MARGARET E. ADAMS, being first duly sworn, deposes and says: That during all the times herein mentioned she was and now is, the fully 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. 2.23", has been completed in accordance with the pro- visions of the Government Code of the State of California. DATED: October 10, 1975 V. / MARGMET E. ADAMS City//tlerk 1 2 •3 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 32 527 ORDINANCE.NO. HB5 AN ORDINANCE OF THE CITY COUNCIL OF • THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ANNEXATION TO THE CITY OF CARLSBAD OF CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBED AND DESIGNATING THE .SAME AS THE "EAST / CARLSBAD ANNEXATION NO. 2.23". 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 a proposal for the initiation of proceedings for the annexation of territory herein- after identified and described as "East Carlsbad Annexation No. 2.23" to the City of Carlsbad, County of'San Diego, State of California, was filed with- the Local Agency Formation Commission, Reference No. CA 75-3. .- 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 2.rvd day of June, 1975, approving the application for annexation of the territory hereinafter des- cribed by metes and' bounds to the City of Carlsbad. C. That said resolution provided that said annexation was appro.-ved 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 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 thro.ugh 35326. • •.-..' .' E. That said petition has been signed or consent hereto 1 2 •3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 20 22 24 25 26 27 28 29 30 528 has been filed by the owners of all of the land, in the territory 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 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 pro'posed annexation is hereby designated and shall hereafter be known as the "East Carlsbad Annexation No. 2.23". •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 complied with. . . SJC.I1PIL.9JL That it does hereby approve the annexation to 2. •3 4 5 6 California, described as follows : 7 Beginning at the southeast corner of the west 8 26; 9 1) thence north 89015'32" west to the westerly 10 1800-1)*; 11 2) thence .northerly along said westerly line 12 said Section 26;. 13 3) thence along said northerly line of said 14 15 16 17 18 20 22 23 24 25 26 27 28 29 30 31 32 529 the City of Carlsbad of that certain real property located in the County of San Diego, State of California, de-signated as the "East Carlsbad Annexation No. 2.23", and niore particularly described as follows: /•••.•All that portion of Section 26, Township 12 Sou-th, Range 4 West, San Bernardino Base and Meridian, County. of San Diego, State of half of the northeast quarter of said Section line of El Camino Real (County Road Survey of El Camino Real to the northerly line of Section 26 south 89°17'40" east to the east line of said west half of the northeast- quarter of said Section 26; 4) thence south 0°14'34" west along said east line a distance of 2638.53 feet to the point of beg inning. •'• * Map on file in the County Engineer's Office of said County 19 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 be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the 'Carlsbad Journal within XX XX .. XX XX xx XX 3. 530 1 2 •3 4 5 6 7 8 O•f 10 11 12 13 14 15 16 1? 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the' City Council held on the _J2£_h__ ^Y of July.. .._...» 1975, and thereafter PASSED, APPROVED AND ADOPTED at a regular meeting : ' • • / held on the'SJ^L day of -August . 1975, by the following Councilmen Frazee, Chase, Lewis, Skotnicki and Councilwoman Casler None . " - • vote, to wit: . AYES: NOES: ABSENT: None RCTBERt C. FRAZEE, May ATTEST: V/-7>/ /£/- E. ADAMSTlTY CLERIC (SEAL) 4, 3 2 3 4 5 6 'I 8 9 310 11 2.2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0 ORDINANCE NO. 1185 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ANNEXATION TO THE CITY OF CARLSBAD OF CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBED AND DESIGNATING THE SAME AS THE "EAST CARLSBAD ANNEXATION NO. 2.23". 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 a proposal for the initiation of proceedings for the annexation of territory herein- after identified and described as "East Carlsbad Annexation No. 2.23" to the City of Carlsbad, County of San Diego, State of California, was filed with the Local Agency Formation Commission, Reference No. CA 75-3. 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 2nd day of June, 1975, approving the application for annexation of the territory hereinafter des- cribed 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 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. i .u 1 b 1 2 3 # 5 6 7 8 9 10 11 12 13 14 a5 16 17 18 19 20 21 22 23 24 25 26 27 28 2?3 30 31 32 0 has been filed by the owners of all of the land in the territory 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 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. 2.23". - 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 I_ 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. I 1- SECTION 8: That it does hereby approve the annexation to 2. 1 2 3 4 5 6 7 8 9 'PO I1 x2 13 14 15 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. 2.23", and more particularly 16 l? 18 19 20 21 22 described as follows: ' 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. All that portion of Section 26, Township 12 South, Range 4 West, San Bernardino Base and Meridian, County of San Diego, State of Caliifornia, described as follows: Beginning at the southeast corner of the west half of the northeast quarter of said Section 26; 1) thence north 89'15'32" west to the westerly line of El Camino Real (County Road Survey 1800- 1 ) * ; 2) thence .northerly along said westerly line of El Camino Real to the northerly line of said Section 26; 3) thence along said northerly line of said Section 26 south 89"17'40" east to the east line of said west half of the northeast quarter of said Section 26; 4) thence south 0'14'34" west along said east line a distance of 2638.53 feet to the point of beginning. * Map on file in the County Engineer's Office of said County 23 24 SECTION 10: EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk 2511 shall certify to the adoption of this ordinance and cause it 26 27 28 29 30 31 32 to be published at least once in the Carlsbad Journal within xx xx xx xx xx xx 3. ''t.2; I- # 1 2 3 4 5 6 7 8 9 10 11 3.2 3.3 14 15 16 17 38 19 20 21 22 23 24 25 26 27 28 29 30 31 32 'fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the City Council held on the 17th day of j~iy~ , 1975, and thereafter PASSED, APPROVED AND ADOPTED at a regular meeting held on the 5th day of AUGUST , 1975, by the following vote, to wit: AYES : Councilmen Frazee, Chase, Lewis, Skotnicki and NOES : None ABSENT: None Council woman Cas1 er RClBERT C. FRAZEE, May& ATTEST: ( SEAL) 4.