HomeMy WebLinkAbout1955-10-06; Municipal Water District; 04; Certain uninhabited territory exclusionORD INAXCE 110. A
A8 ORDINANCE PROVIDING FOR TI43 EXCLUSION OF CERTAIN UNINHmITD TERRITORY FROM TEIE
CaRLSBAD MUNICIPAL WATER DISTRICT PURSUANT
WdNICIPAL iJBTER DISTRICT ACT OF l9U. TO PETITION FI~ mm SECTION 27.3 OF m
1 BE TT OFiDAINED BY THE BOBRS, OF DIRECTORS OF Tl3.Z CARLSBAD "NICfpU WATER DISTRICT AS FOLUW S :
THAT WHEREBS, a petition was filed with the Secretary of the Carl!
Municipal Water District on the 7th day of July, 1955, praying for the exch
of certain uninhabited territory fron the Carlsbad hicipal Water District;
WHEREAS, the said Board of Directors at said meeting passed a rest tion giving notice of the proposed exclusion, which resolution stated that :
petition had been filed; set forth ad described the property proposed to k excluded; stated that the owner of any property within such territmy could
with the Secretaq of the District at any time prior to the hour set for hea
on safd petitfon a written protest to the exclusion of said property; fixed
time and place of the meeting of the Board of said District at which time th
Board would hear said proteshs; which hearing was set not less than twenty n more than forty days from the date of the passage of said resolution; and
WHEREAS, the Secretary of the District caused the text of said res %ion to be published once each week for at least two yeeks, the last publica
being not less than one week nor more than four weeks prior to the time so f
for said hearing, in a newspaper published in the Carlsbad Municipal Water District; and
WHEREAS, said petition duly and regularly came on for hearing at t
I time and place specified by said Board in said resolution, and said hearing
duly and regularly cont5nued from tine to time; and
WHEREAS, no written protest or protests were filed or made by the of any property within the territory proposed to be excluded; and
WHZREAS, evidence both oral and doczngrentarg was intrcduced at said ing by the petitioners, and it appeared therefrom that less than twelve vote resided within the territory proposed to be excluded at the time of filing o petition; that said territory constituted incorporated territory lying with5 boundaries of the City of Oceanside; that upon exclusion of the territory de in said petition no part of the corporate area of the City of Oceanside will included within the Carlsbad Municipal Water District; that said petitionwa
signed by the owners of not less than one-fourth of the land described in sa pehitian by area and by assessed valuation as shown on the last equalized as{ ment roll of the County of San Diego, being the county in which said territo~
situate; that said petition set forth and described the boundaries of the art it was proposed be errdluded; stated the reasons for proposing said exclusion: contained a prayer that such area be excluded from the Carlsbad Mwici-1 Wa.
District pursuant to section 2'7.3 of the Municipal Mater District Act of 191:
NOW, THEWHORE, BE IT FURTHER ORDAINED THAT:
I
Section 1, The Board of Directors of the Carlsbad Municipal Water
District does hereby approve the exclusicm of the following described territc located and lying within the Carlsbad Municipal Water District, fromthe coq
area of the Carlsbad Municipal Water District:
A31 that portioa of the Carlsbad Municipal Water Qistrict of San DJ
County, more particularly described as follows:
l3eginning at the Northeast corner of Lot 7, Block C:, of
North Carlsbad Amex, as shown on Map No, 1888 filed in the office of the hmty Recorder of San Diego County; thence Southeasterly along the Easterly line of said Lot 7, Block C, and its Southeasterly pro-
I
longation to the southerly line of Palm Road; thence Westerly along
said Southerly line to the i?ortheast corner of Lot 1 in Block E of
said Map 1888; thence Soutbeasterly along the Easterly line of Lot 1, Block E, to thg Southeast corner thereof; thence N 89 degrees 30 minutes 45 seconds W along the Southerly Line of said Lot 1, Block E, 206.94 feet; thence N 2 degrees 16 minutes 35 seconds E 395.99 feet to the Southerly line of said Palm Road; thence Southwesterly along said Southerly line of Palm Road to an intersection with the
Southeasterly prolongation of the Southwesterly line bearing
South 37 degrees 20 minutes East of Lot 6, Block C of said Map 1888; taence N 37 degrees 20 minutes W across Palm Road and con- tinuing N 37 degrees 20 minutes W along Southesterly line of said Lot 6, Block C, 50 feet; thence N 15 degrees 57 minutes 52 seconds
W along the Westerly line of said Lot 6, Block C, to the Northwest corner thereof; thence N 84 &epees 18 minutes 33 seconds E along
the Northerly line of Lots 6 and 7, Block C, to the Northeast cor- ner of Lot '? and the point of beginning.
And all that portion of the Carlsbzd Municipal Water District, San Diego County, being portions of Lot 2, T ract 55, and Iat I, Tract 56, of Hotaling hds, as per map No. 1717 filed in the office of the Recorder of
San Diego County, more particularly described as follows:
I
Beginning at the point of intersection in the Northerly Line of Grandview Street and the Northerly prolongation of the East- erly line of the Westerly 319.65 feet of Lot I, Tract %, of said
Map 1717; thence S 35 degrees 12 minutes E 369.43 feet; thence S, 54 degrees 4.8 minutes I.J 319.65 feet to the Easterly line of Ridge- way Street; thence in a direct line to a point in the centerline of
Ridgeway Street S 35 degrees 12 minutes E 337.42 feet frm the cen-
terline of Grandview Street; thence S 54 degrees 4.8 minutes W 210
feet to a point in Lot 2, Tract 55, of said Map L7l7; thence N 35
degrees 12 minutes W 2,!@.73 feet; thence PT 54 degrees 4.8 mirmtes E 20 feet; thence N 35 degrees 12 minutes W to the Northerly line of Grandview Street, being also a point in the boundary line of the City of Oceanside; thence Northeasterly along said Northerly line of Grandview Street and the boundary of the City of Oceanside to
the point of beginning.
Section 2. The President and Secretary of the Board of Directors oJ
this District are hereby instructed and directed to file with the Secretary d State of the State of California a certified copy of this Ordinance inmediate: after this Ordinance becomes effective; and from and after the date of the re- ceipt of the Certificate transmitted to the District by the Secretary of Statt
the area hereby approved for exclusion shall be deemed excluded from, and it :
no longer be a part of, the Carlsbad Municipal Water District; but the taxable property within such excluded area shall continue taxable by this Municipal Wr District for the purpose of paying the indebtedness of this District, outsbc or contracted for at the time of such exclusion, until such time as such indel
edness shall. have been satisfied to the same extent that said property would 1
taxable for such purposes had such exclusion not occurred.
ORD-, ADOPTED MJD APPROVED by the Board of Directors of the Carl:
Municipal kter District on the 6th day of October, 1955, at the regular montl
meeting of the Board of Directors held at 7230 P. M. at 601 Elm Avenue, Carlsl
San Diego county, California, by the following vote, to wit:
AYES: DIRECTORS: WU, FRY ROGERS, ZPLHLER, KELLY NOES: NONE
I ABSENT: NONE
Attest
.e;* - -
President of the Board of Directors
Carlsbad Municipal 'Ater &strict
2/Lr. 0, 244
Secretary of the Board of Directors
Carlsbad Municipal Water District