HomeMy WebLinkAbout1976-10-26; City Council; 1195; East Carlsbad annexation 2.26•-' BOOKlRECORDED REQUEST Of
10-8 .. CITY CLERK
DtcN
A F F I DAVIT OFFICIAL RECORDSSAN DIEOO COUNTY, CAJF.
HARLHF. BLOOM
RECORDERSTATE OF CALIFORNIA:
COUNTY OF SAN DIEGO: ss.
CITY OF CARLSBAD
NO FEEMARGARET 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 terri-
tory to the City of Carlsbad, known as "East Carlsbad
Annexation No. 2.26" has been completed in accordance with
the provisions of the Government Code of the State of
Cal iform'a .
DATED: December 13, 1976
MARGARET E ADAMS
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SECTION 1: That it does hereby find and declare as follows:8
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1019
ORDINANCE NO. 1195
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING THE ANNEXATION TO THE CITY
OF CARLSBAD OF CERTAIN UNINHABITED
TERRITORY HEREAFTER DESCRIBED AND
DESIGNATING THE SAME AS THE "EAST
CARLSBAD ANNEXATION NO. 2.26.
The City Council of the City of Carlsbad does ordain 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.
2.26" to the City of Carlsbad, County of San Diego, State of
California, was filed with the Local Agency Formation Commission
Reference No. CA 76-16.
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 13th day of September, 1976,
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 des-
cribed has been presented to the City Council of the City of
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1020
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. -A,
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
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
C i ty.
SECTION 5. That the aforementioned uninhabited territory
included in the proposed annexation is hereby designated and shall
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hereinafter be known as the "East Carlsbad Annexation No. 2.26".
SECTION 6. That upon the completion of said annexation all
of the property included therein shall be taxed accordingly wi.th
the other property within the City of Carlsbad to pay the bonded
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1 indebtedness and any and all general indebtedness of the City
2 of Carlsbad contracted prior to, or existing or outstanding
3 at the time of the aforesaid proposed annexation of said described
4 property.
5 SECTION 7. That all requirements of law necessary to the
6 adoption of this ordinance approving the annexation of certain
7 uninhabited territory pursuant to Section 35310.1 of the Cali-
8 fornia Government Code have been complied with.
9 SECTION 8. That it does hereby approve the annexation to
10 the City of Carlsbad of that certain real property located in the
11 County of San Diego, State of California, designated as the
12 "East Carlsbad Annexation No. 2.26", and more particularly des-
13 cribed as follows:
14 All that unincorporated territory in the County of San
Diego, State of California, being a portion of Lot I,
15 Rancho Agua Hedionda, in said County and State, accord-
ing to Partition Map thereof No. 823, filed in the
16 Office of the County Recorder of said San Diego County,
November 16, 1886, being more particularly described
17 as follows:
18 1. Beginning at the Southeasterly corner of the boundary
line of the City of Carlsbad as established by the
19 County Board of Supervisors in their Ordinance No.
3259 adopted on December 26, 1973, said point being
20 - on the Westerly line of a 75.00 foot wide right
of way as described in deed to the San Diego Gas
21 and Electric Company, recorded February 14, 1969
as File/Page No. 25445 of the Official Records.
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2. Thence along said Westerly line of said Right of.
23 _ Way and Northwesterly extension thereof, being
also the Northeasterly boundary line of the City
24 of Carlsbad as established by said County Board of
Supervisors Ordinance No. 3259, N.orth 26°07'00"
25 . West 2035.22 feet to "the City limit of Carlsbad
as established by the County Board of Supervisors
26 in their Ordinance No. 1085, adopted November 19,
1963, being also the Northerly line of'said Lot I;27
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3. Thence along the Northerly line of said Lot I
South 89°50'00" EaTst 90.42 feet to the Easterly
Right of Way line of said San Diego Gas and
Electric Company easement;
4. Thence along said Easterly line South 6°29'30"
East 18.06 feet;
5. Thence continuing along said Easterly line South
26007'24" East 1940.23 feet;
6. Thence South 23°34'23" West 98.34 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
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.
INTRODUCED AND FIRST READ at a regular meeting of the City
Council held on the --5th day of October 1976, and there-
after PASSED, APPROVED AND ADOPTED at a regular meeting held on
the 26th day of October 1976, by the following vote to wit:
AYES: Councilmen Frazee, Lewis, Packard, Skotnicki and
Councilwoman Casler
NOES: None
ABSENT: None
ROBERT C. FRAZEE,
E" AD AMS ,(C i ty C 1 er k
(SEAL)
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1023
STATE OF CALIFORNIA, )
COUNTY OF SAN DIEGO ) ss.
[ MARGARET E.ADAMS City Clerk of the City of Carlsbad, County of San Diego, State of California,
hereby certify that I have compared the foregoing copy with the original y.r^in^A?.6...'..).??. passed and
adopted by ..said City Council, at r?SLlla.r.... meeting thereof, at the time and by the vote therein
statedji^'hicli/ufiginal is now on file in my office: that the same contains a full, true
Shamfc'ript therefrom and of the whole thereof.
ij$fe?and the seal of said City of Carlsbad, this I?*!), day of ...Pe.celTlt)er, 1976.n
City
I/
Clerk
1024
OFFICE OF THE SECRETARY OF STATE
/, MARCH FONG EU, Secretary of State of the State of California, hereby
certify:
That on ihe—to£——jday of _ D*uri»* __ . _ f ig_79_>
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 _ Ordinal ®&. 1196 _
as regularly passed and adopted by the City Council of the CITY OF
CAii^i^ijJ _ t nn Q*Stob«P 26* 19?8 approving the
annexation to said city of certain described contiguous wtiobdbited __ territory
designated <••GARLSMD ASMEXATIOS SO.
IN WITNESS WHEREOF, I execute
this certificate and affix the Great
Seal of the State of California this
6th day of v
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Secretary of State
SEC/STATE FORM CE-19 (REV. 1-75)40B85-B62 3-76 3M (>) OSP
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2&
ORDINANCE NO. 1195 .
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSRAD, CALIFORNIA, APPROVING THE ANNEXATION TO THE CITY OF CARLSBAD OF CERTAIN UNINHABITED
TERRITORY HEREAFTER DESCRIBED AND DESIGNATING THE SAME AS THE "EAST CARLSBAD ANNEXATION NO. 2.26.
The City Council of the City of Carlsbad does ordain as
SECTION 1: That it does hereby find and declare as follows:
fol lows :
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.
2.26" to the City of Carlsbad, County of San Diego, State of
California, was filed with the Local Agency Formation Commission
Reference No. CA 76-16.
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 13th day of September, 1976,
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 des-
cribed has been presented to the City'ICouncil of the City of
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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
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
1 included in the proposed annexation is hereby designated and shall
hereinafter be known as the "East Carlsbad Annexation No. 2.26".
SECTION 6. That upon the completion of said annexation all 1 of the property included therein shall be taxed accordingly with
the other property within the City of Carlsbad to pay the bonded
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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 Cali-
fornia Government Code have been complied with.
SECTION 5. 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
"East Carlsbad Annexation No. 2.26", and more particularly des-
cribed as follows:
All that unincorporated territory in the County of San Diego, State of California, being a portion of tot I,
Rancho Agua Hedionda, in said County and State, accord- ing to Partition Map thereof No. 823, filed in the Office of the County Recorder of said San Diego County, November 16, 1886, being more particularly described as follows:
1. Beginning at the Southeasterly corner of the boundary line of the City of Carlsbad as established by the County Board of Supervisors in their Ordinance No. 3259 adopted on December 26, 1973, said point being on the Westerly line of a 75.00 foot wide right of way as described in deed to the San Diego Gas and Electric Company, recorded February 14, 1969 as File/Page No. 25445 of the Official Records.
2. Thence along said Westerly line of said Right of lday and Northwesterly extension thereof, being also the Northeasterly boundary line of the City of Car'lsbad as established by said County Board of Supervisors Ordinance No. 3259, North 26°07'00" West 2035.22 feet to the City limit of Carlsbad as established by the County Board of Supervisors in their Ordinance No. 1085, adopted November 19, 1963, being also the Northerly line of said Lot I;
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3. Thence along the Northerly line of said Lot I South 89"50'00" East 90.42 feet to the Easterly Right of Way line of said San Diego Gas and Electric Company easement;
4. Thence along said Easterly line South 6"29'30" East 18.06 feet;
5. Thence continuing along said Easterly line South 26'07'24" East 1940.23 feet;
6. Thence South 23"34'23" West 98.34 feet to the Point of Beginning.
SECTION 9. That the City Clerk is directed to prepare under
seal a certified copy oythis ordinance giving the date of its
adoption and transmit it to the Secretary of State.
SECTION 10. EFFECTIVE DATE: This ordinance shall be effectivt
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.
INTRODUCED AND FIRST READ at a regular meeting of the City
Council held on the 5th day of October , 1976, and there-
after PASSED, APPROVED AND ADOPTED at a regular meeting held on
the 26th day of October , 1976, by the following vote towit
AYES: Councilmen Frazee, Lewis, Packard, Skotnicki and
NOES: None
ABSENT: None
Councilwoman Casler
Ydd c &YL.,&?
ROBERT C. FRAZEE, 4ayor
(SEAL)
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