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HomeMy WebLinkAbout1976-01-20; City Council; 1187; South Carlsbad annexation 1.22Return to: 1144 Of'NgSgS?11 RECEDED RIQUlv' OF ADDRESSEE I S03&H7S ©ffict of March JFong £ecrctarg of £tate SACRAMENTO MO FEE I, MARCH FONG EU, Secretary of State of the State of California, hereby certify: TJiat on tho *&** /% o/ _ fJttmaif _ ? 7.Q ^ 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 rf Qvdinanae $o. HBf _ os regularly passed and adopted by the City Council of the CITY OF CARLSMD _ j nn JemUtm M» 19H nppmi*ng the annexation to said city of certain described designated /i* HSOVTB C uninhabited territory IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of February3 1676* Secretary of State SEC/STATE FORM CE-19 (REV. I-7B)26853-862 B-74 3H © OSP 1145 AFFIDAVIT STATE OF CALIFORNIA COUNTY OF SAN DIEGO: ss CITY OF CARLSBAD I, MARGARET E. ADAMS, being first duly sworn, deposes and says: That during all the times herein mentioned, she was and now is, the duly elected, qualified and acting City Clerk of the City of Carlsbad. That the annexation proceedings of uninhabited territory to the City of Carlsbad, known as "South Carlsbad Annexation No. 1.22" has been completed in accordance with the provisions of the Govern- ^0'll"'""V/,JV; ment Code of the State of California. >° '..t^R/j^''/, DATED: March 3, 1976 >~ • •• i- - ' **>*•%&&$< 1 2 5 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 23 24 25 26" 27 28 1146 ORDINANCE NO..1187 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 "SOUTH CARLSBAD ANNEXATION NO. 1.22. 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 far approval of a proposal for the initiation of proceedings for the annexation of territory herein- after identified and described as "South Carlsbad Annexation No. 1.22" to the City of Carlsbad, County of San Diego, State of California, was filed with the Local Agency Formation Commission, Reference No. CA 75-24. 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 1st day- of December, 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 anne.x 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 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 20 21 22 23 24 25 26 27 28 1147 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 been filed by the owners of all of the land i'n 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 annexa- tion filed by the owners of all of the land in the territory pro- posed 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 shal hereafter be known as the "South Carlsbad Annexation No. 1.22". 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 -2- \ 21 22 23 24 25 26 28 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 describee property. : SECTION 7: That all requirements of law necessary tp the adoption of this ordinance approving the annexation of certain uninhab.ited 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 City of Carlsbad of that certain real property located in the County of San Diego, State of California, designated as the "South Carlsbad Annexation 1.22", and more particularly described as follows: That portion of Lot 1, Section 33, Township 12 South, Range 4 West, San Bernardino Meridian and that portion of the.Southwest Quarter of the Southeast Quarter of Section 28, Township 12 South, Ra.nge 4 West, San Bernardino Meri- dian, in the County of-San Diego, State of California, " according to the Official Plat thereof described as follows Beginning at the Northeast corner of said Lot 1; thence along the East Tine of said Lot 1 (1) South 0° 44' 59" East, 788.03 feet to the Southeast of said County; thence continuing along said boundary (3) South 33° 09' 27" West, 234.45 feet to an intersection with the Easterly line of Parcel 1 of that certain Lis Pendens recorded March 15, 1961, as Document No. 4.6721 of Official Records of said County; thence leav- ing said boundary along the Easterly line of said Parcel 1 the following courses:27 (4) North 25° 27' 58." West, 88.85 feet; thence -3- 1 2 3 4 No. 7996 the following courses: 5 (7) South 89° 10' 00" East, 238.71 feet; thence 6 (8) North 19° 08' 32" East, 322.56 feet; thence 7 (9) North 16° 30' 21" West, 481.57 feet; thence 8 (10) North 23° 10' 32" West, 648.71 feet to an 9 10 11 13 16 17 18 19 20 23 24 25 26 27 28 C ' 3149 • O • -' : (5) North 36° 16' 49" West, 353.55 feet; thence °(6) North 32° 46' 41" West, 561.91 feet to the Southwest corner of Carlsbad Tr-act 73-24 according to Map there- of No. 7996 on file in the Office of the County Recorder of said County; thence leaving the Easterly line of said Parcel 1 along the boundary of said Map intersect ionwith the North line of the above mentioned Southwest Quarter of the Southeast Quarter; thence along said North line. (11) South 89° 08' 38" East, 1154.07 feet to the North- east corner of said Quarter-; thence leaving said North line along the East line of said Quarter (12) South 0° 30' 51" West, 1357.86 feet to the POINT OF BEGINNING 14 Said parcel of land contains 42.48 acres inore or less. 15 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 fifteen days after its adoption. XX XX XX XX XX -4- . 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 C 115° ^adjourned INTRODUCED AND .FIRST READ at an/regular meeting of the City Council held on the 18th day of December , 1975 and thereafter PASSED, APPROVED AND ADOPTED at a regular meeting held on the 20th day of January 1976, by the following vote, to wit: AYES: Councilmen Frazee, Chase, Lewis and Councilwoman Casler. NOES: Councilman Skotnicki ABSENT: None. ATTEST: E. ADAlTsTCity Clerk (SEAL) -5- 1151 STATE OF CALIFORNIA. ) COUNTY OF SAN DIEGO ) ss. I.NQRA. K.....GARpINEfyty ck,rk ()f ,,,e Cj(y ()f c^y,.,^ County of San Diego, State- of California. hereby certify that I have compared the foregoing copy with the original ...O.r.0.1.n9iO.Cfi...*.J..!.9/pa»iecl and adopted by said City Council, at ......... .F69U.1.AF. ........... meeting thereof, at tlie tune and by ifKi-mffi* jfowyin * <^* \f ** stated, wliicfi original ..... .U.rP.l..n.3.n.C6 ............ ;s w)w on f;lt. ;,( n)y office: that the <>ani^ct^Maij) and correct transcript therefrom and of the whole thereof. ' -' 3 *Wit (SKA I,) hand and the seal of said City of Carlsbad, this ..3r.C! day of ...... Deputy Clty v * II 9 10 , A. That an application for approval of a proposal forthe initiation of proceedings for the annexation of territory herein- I 12 13 ORDINANCE NO. 1187 - 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 "SOUTH CARLSBAD ANNEXATION NO. 1.22. The City Council of the City of Carlsbad does ordain as No. 1.22" to the City of Carlsbad, County of San Diego, State of California, was filed with the Local Agency Formation Commission, 1 2 3 4 5 6 15 16 17' 18 19 20 21 22 23 24 /I 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 1st day of December, 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 notice and hearing by said Council and without an election as provided in California Government Code - SECTION 1: That it does hereby find and declare as follows: 26 27 28 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 after identified and described as "South Carlsbad Annexation l1 I1 1411 Reference No. CA 75-24. 2511 Section 54797.1. 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 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 annexa- tion filed by the owners of all of the land in the territory pro posed 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 territor included in the proposed annexation is hereby designated and sha hereafter be known as the "South Carlsbad Annexation No. 1.22". 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 -2- 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 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 describec property. 28 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 th-eCity of Carlsbad of that certain real property located in the County af San Diego, State of California, designated as the "South Carlsbad Annexation 1.22", and more particularly described as folluws: That portion of Lot 1, Section 33, Township 12 South, Range 4 West, San Bernardino Meridian and that portion of the Southwest Quarter of the Southeast Quarter of Section 28, Township 12 South, Range 4 West, San Bernardino Meri- dian, in the County of San Diego, State of California, according to the Official Plat thereof described as follows: Beginning at the Northeast corner of said Lot 1; thence along the East line of said Lot 1 (1) South Oo 44' 59" East, 788.03 feet to the Southeast corner of said Lot; thence (3) South 33' 09' 27" West, 234.45 feet to an intersectior with the Easterly line of Parcel 1 of that certain Lis Pendens recorded March 15, 1961, as Document No. 46721 of Official Records of said County; thence leav- ing said boundary along the Easterly line of said Parcel 1 the following courses: (4) North 25' 27' 58" West, 88.85 feet; thence - SECTION 7: That all requirements of law necessary to the I (5) North 36' 16' 49" West, 353.55 feet; thence (6) North 32' 46' 41'' West, 561.91 feet to the Southwest corner of Carlsbad Tract 73-24 according to Flap there- of No. 7996 on file in the Office of the County Recorder of said County; thence leaving the Easterly line of said Parcel 1 along the boundary of said Map No. 7996 the following courses: (7) South 89' 10' 00" East, 238.71 feet; thence (8) North '19' 08' 32" East, 322.56 feet; thence (9) North 16' 38' 21" Nest, 481.57 feet; thence Said parcel of land contains 42.40 acres more or less. ___l_ll__ 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 fifteen days after its adoption. XX xx xx xx xx -4- i 7 .- 1 1 2 3 4 5 6 7 E s 1C 13 12 1: 1L It 1i 1‘ - It l! 2( 2: 2, 2 2 2 2 2 2 0 adjourned e’ INTRODUCED AND FIRST READ atanhegular meeting of the City Council held on the 18th - day of December , 1975 and thereafter PASSED, APPROVED AND ADOPTED at a regular meeting held on the 20th day of January 1976, by the following vote, to wit: AYES: Councilmen Frazee; Chase, Lewis and Councilwoman Casler. NOES: Counc-r’lman Skotnicki ABSENT: None. ATTEST : (SEAL) -5-