The URL can be used to link to this page

Home My WebLink About1956-09-05; Municipal Water District; 07; Certain uninhabited territory exclusionORDINAiiCZ NO. 7 fi? ORDINmCE PEOVDYIG FOR IXE EXCLUSION 03' C:R?BiW UAXIN-I~ITD TZRRITORX EiO?I TZ CARLSBAR MUNICI€!! WATER DISTRICT PURSUAHT TO PROCEEi3INGS. INITUTm BY THE BOD OF GE%CTOBS UNDER SECTIW 2?,3 OF THE T4UTJZCIE'AL 'GBTER DISTEICT ACT OF 1911, I BZ IT Ol3llAW BY THE BOARD OF DIKECTORS OF THE CARISBAD MUNICIPAL MATI DISTRICT AS FOLW;hfTS : "UT "WS, on the first day of AugusL, 1956, the Board of Directors the Carlsbad plunicipal 'GJater District initiated by +%solutioz proceedhgs for thr 9xclusi.a~~ of the te"r5i;org herehafter described from the Carlsbad Municipal Natt District under the provisions of Section 2?,3 of the 'sratnicipal Nater District Acl Qf 19I-l; and MHEREBS said hard of Directors at the time they initiated said proce& set August 5, 1956, at t2e hmz of 7:30 P.M. o*clock as the t2-r~~ and the Council Chamber in the Carlsbad City Hall, 2960 Pi0 EGO Boulevad, CarlsSad, San Diego C California, as the piasc for the hearing required by the terms of said Section 27 of the Xbnicipl Water District Act of 1921.; md MHERE&S the Secretary of said District caused the text of said Resoluti to be published in at leas@ one news,pzmr pgbLfsi"le5 in said DistrLct WAC~ each WE for at least two weeks, the last publication of which was nade not less than one week nor more than four %reeks Ssforo, the time fixed for said. hpatw; and Tams no protests from any owners of property within the territory pr posed to be excluded have Seen filed with -&e Secretary of said'Xstrict; and I XfUiREAS said matter was heard at the time and place fixed for said hear and evidence both oral and documentary was ktrdxcd3 a.nd It appeared. thsrefmn that less than twelve voteus ~gsitie vi-LXrn the temitoq pro~>osed to Se exci.ded, that less than twelve voters d5.5 resZie wlk3Ln s2.f.6 temrtoqr at the t5ne said pr ceedings were initiated by this Board, and that territory constitutes incorporate territoq- lying witkin the bo-a?.daq< of the City of Oceansi6e, and that upon exclu of the territory described in said petition and which is hereinaf5eer described no part of the co%poi-z.'ce erea of the City of Oceanside will be included within the Carlsbad Municipal Water District, ax16 that no p*o-i;es-i;s -i;o sa53 exclusion were ma or receiTd, mii 'clza-b said %emi'coq should be excluded under the provisions of Section 27.3 of the €'hmicipal Xater Disbict Act 02 19XL; XOM y THEEEFORE, IT IS ORDEED y DIRECTED AlD ORDAIIQCD THAT : Section 1, The Board of Directors of the Carlsbad Municipal Water Disk does hereby apprnvs the exc1asi.m of -i;:?e following described territory located anc lying witbin the Chrlsbad Municipal Mater District fron +&e CQT~OTS;~~ mea of the Carlsbad Municipal lilater District, the boundaries of vhich are set forth an3 desc: as f olloxs t I Parcel No, 1 1, Beginning a% the Northeasterly corner of Section 36, T 11 S, R 5 W, S,B.B, 8 thence S 0' ll.r191t E along said Easterly Section line 1757.74' to a point of int section in the-.Northwesterly right of way line of Vista Way as &om. on Pap of E ing lands as per Nap thereof No, 1717 filed in %he office of the Recorder of Sar County on the 16th day of April, 1921 (State Route 196), said point being the 'PE POINT OF BEGINNING; 2, thence c&tkujng S 0G11f191t E along said Basterly section line -bo a point Q intersection in the Northerly line of the Northeast & of the Northeast & of the east Q of said isection 36; 3, thence Westerly along the Northerly line of said Northeast 5 of the Northeas of the Southeast * to the Northwesterly corner thereof; 4, thence Southerly along the Idesterly line of the said Northeast % of the Nort & of the Southeast T to a point of intersection with the nor%heas-berljr rfgkkf- of State Highway :bute No, 2 as shown OTA Plan GSILz;&. & CM., Sheet 33, of Ah Highway Department of the State of California; 5, thence S 32?18t38'b' E along the northeasterly rigkLof-way Zne of said State - Highway Route No, 2, 323.0 feet more or less %o the point of ixit.ersect.Ion. with EL that bears N 5TL41122tt E from the Engir?eer*s Station 5OELr3c, ES shown on said pb XL43L-M & Cbd, 3 Sheet 33; A 6* thence S 5r"LJ.*221s. W along the aforementioned line 3801 to a point, of inters1 with the Sauthwesterly right-of-my be of said State Highway Route 2 as shown I said plan XI-SL2-B & CW.; 7. thence IJ 32"18t38tt W along the said righLof-way line to a point of intersec with a lhe mtiizg pamllel with and 829.061 Northerly of the Southerly ?&.e of Block @ as shown on the South Oceanside Map...No, 622, fSed in Yne office of the County Recorder of _Sari Diego County, Calif arnia, a2 %!:e 7th day of February, 189 8, thence Vesterly alw said aforenlentiond &.e -Le %he Kesterly line of said 1 4.23 and also being the boundary line cormon to the City of Oceanside & the City' oj Carlsbad; 9, theace Northerly &tmg said Kesterly line of Block 4.8 to a point of intersec: with the Northwesterly line of Vista bky as shown on Tol1e Tract Hap No, 1952, C in the office of the County Recorder of San Diego County, State of California, 03 the 3rd day of Movember , 1926; 10, thence NortheasterQ along said Xorthwesterly righb-of-way line to tiie TRUE POINT OF BEGINNING, Parcel No, 2 lo Beginning at; the 5atesssc-bion of the West line of the Atchison, Topeka & 5.F. way Right of .Way and the N. line of Lot 3, Sec, 1, Township 12 South, i3ange 5 'de< ing a point on the mutual boundary between the cities of Oceanside & Carlsbad.; tl S ,!J.'161 E 190,?3'aZoxg said 3ight of 3ay line and said mutual boundary to the TI POINT OF EGGINNING; 2, the2ce leaving said Xght of Vay line and sa26 rrm1tm,l bov:xlaq- S 58"3Li*39lt li 235.57 feet; r. - 3, thence S 32"22t&3t1, E 107,05 feet; thence 3 10°39' E 219.68 feet; 4, thence S 3933' E 168.12 feet to the beginning of a tangent me, concave Sc westerly and having a radius of u05.92 feet; 5r thence Southeasterly along the arc of said curve on arc distance of l43.38 fe 6, thence S 49"54t W 171,OO feet to the nost Easterly comer of the land descrik in the deed to Jeannette S. Joy, recorded Iv&rch 10, 194.9 ia Book 3135, po 25'7 of Official 'ilec0rd.s of said &n Diego County; I I I -. * 7, thence along the S E line of the land so deeded, S 5lL33'1O1' 31 l.44.00 feet, n or less to the mean high tide lin.e ef the Pacific Ocean; s-. 8, thence continuing S 51'33'10" .P into fae Facific Ocean to its intersection wi the Yesterly exberislon of -the,Sout&erly- line of said Lot 3, Sec, 1, Townfdxip 12 S Range W; 9. thence East along said 'IJesterly extensior, and aI- said. Southerly line of sa Lot 3 to the Southeast corner thereof; 10, thence N along the E Line or" said Lot 3 to its intersection with the Mesterl line of A..T, & S.F,R,R. righ.t.rc,fa:y'sLyv; 11, thence Northwesterly aloag said KesterPJ line to the TRUE POUT OF 3EGITJNING. I " Section 2, The President ad Lkxxwkaq of the Board of Directors of tb District are.hereby instructed and directed. to file with the Secretary of State c the State of California a cer-bified copy of this Ordinance innediate-iy &%er W,iS Crdinance becm.cs effecti-; and frcm and after the date of the receipt of the SE ficate transmitted to the District by the Secretary of State, the area hereby apr for exclusion shall be deemed exchded frorr, and it shall no ICJT~~T be a part of Carlsbad Municipal TEJater District; but the taxable property within such excluded shall- coxbbue tmab3-e by $his Municipal Eater District for the pxrpose of pflng indebted.ness of this District, outstanding or contracted for at the time of such clusion, until such the as ,sa& bdebted.ness shall have bzzQ satisfied to %he sa extent %>at said pro,mrty vcxLL3 be tsxable for such purposes had such exclusion n occurred, ORDEKED, ADOPTED MID APPRQVBJ by the Board of Directors of the CaSLsM l\?unicipa1 %later District on the 5th day of September, 1956, at the regular month2 meeting of the Board of Directors held at 7:30 P,M. at 2960 Pi0 Pic0 Boulevarc?, Carlsbad, San Diego County, California, by the following vote, to wit: I AYES: DIREC'JIOBS: Drm, -FRY, XGERS, zuiL;ER, KEXLY NOES: NONE msm: NONE Attest: i :./,' 'i ?&yJW President. of t'& bard. of ,hectors Carlsbad ?hicip.l- T:'ateidBistrict - e'& ~ 8 L lb"A,{ 1 - 3ecretary of. tne Board of Oirectors I Carlsbad 2hiclpaL ?4ater District I