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HomeMy WebLinkAbout1971-12-01; City Council; 545-1; Annexation of La Costa2' '11' E .--- C I T Y OF Supplement sf1 Agenda Bill No. 545 .Ref erred To : C A R L S B A D, c A L 1- F'O R N r A ~~t~: December 1, 1971 Subject: Annexation of LaCosta p\ Submitted By: City Clerk Statement of the :!fatter A 'letter requesting annexation to the City of Carlsbad from the area of LaCosta has been received. this date. . (4-27-72) A petit'ion has been received Containing the signatures of not less than 25% of the registered voters in the LaCosta Area. After checking .the signatures with the Registrar of Voters, the Clerk will certify at the Council meeting as to sufficient number of signatures. Exhibit 1- Exhibit - Letter requesting annexation. a- Report from Planning Commission. 9- Resolution No. 1981 acknowledging receipt of Notice of Intention to circulatr . a petition for annexation-and the affidavit of publication thereof and - A'< I - +t' I 'i -k approving the circulation petition. 4- .fl&.d/W;I 5 Staff Recommendations If the City Council indicates their approval of this proposed annexation by motion, this should be referred to the Planning Commission for a report or recommendation. After keceiving. the report from the Planning Commission, the City Council, by resolution, shall consent before any annexa-.tion proceedings are cormenced, in accordance with Section '35106 of the Government Code. 4-27-72 If it is found there are sufficient signatures, the next step in the proceedings is to adopt the attached Resolution of Intention. _. .. Supplement #1 December 1, 1971 Date: 0 City Manaqer's Reco?nmendation .. -.. ._ ., Counci 1 ~c ti on -. * 12-7-71 . The City Council acknowledged receipt of the request for annexa- tion and referred the matter 'to the Planning-Commission for its report or recommendation in accordance with Section 35108 of the . Government Code. 1-'18-72 - Resolution #1939 consenting .to commencement of proceedings for. the annexation o,f certain inhabited territory designated as East Carlsba-d Annexation No. 2.12 was adopted. .. 1- . -. . *. 4-18-72 . Resolution No. 198-1 , acknowledging 'rece?pt of Notice of Intention to circulate petition for annexation, and an affadavit of publica- tion thereof, and approving the circulation of petition, was adopted by title only and further reading waived.. Resoluti-on No. 1997 declaring intention to call a special election (LaCosta area) proposed to be annexed-to the City of Carlsbad, setting time and place for those who wish to.be heard .a,s to why suc.h territory should not be annexed. (ADOPTED) 5-2-72 . ..: . . -2- 1 2 3 4 5 RESOLUTION NO. 2021 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CALLING A SPECIAL ELECTION TO BE HELD ON THE 8th DAY OF August 1972 , PERTAINING TO THE "EAST ~ARLSBAD ANNEXATION 7~ *! 9 10 NO. '2.12", TO THE CITY OF CARLSBAD. (La Costa) 11 12 WHEREAS, by Resolution No. 1997 the City Council of the I ' City of Carlsbad, California, declared its intention to call a special election in certain inhabited territory contiguous to said 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 City, proposed to be annexed to said City, for the purpose of sub- mitting to the qualified electors residing in said territory the question of whether or not said territory shall be annexed to said I I City, and; WHEREAS, a copy of said resolution was published as required by law; and, WHEREAS, pursuant to said resolution of intention , a protest hearing was duly and regularly held on June 7, 1972, at which time no written or oral protests were made by the owners of one-half or more of the value of property within the territory proposed to be annexed as shown on the last equalized assessment roll, not by public and private owners of real property equal to one-half or more of the value of said territory; and WHEREAS, all proceedings have been held in accordance with said resolution and the Annexation Act of 1913, reference thereto hereby being macle for further particulars; NOW, THEREFORE, the City Council of the City of Carlsbad, California, DOES HEREBY ORDAIN as follows: SECTION 1. A special election is hereby called to be held on the 8th day of August , 1972 in the territory hereinafter described and proposed to be annexed to the City of Carlsbad, for the purpose of submitting to the qualified electors residing in said territory the question of whether or not such territory shall be annexed to, incorporated in, and made a part of -1 - I said City of Carlsbad, and whether or not the property of said territory shall, after such annexation be subject to taxation equally with the property within the City of Carlsbad, to pay.the entire bonded indebtedness of the City of Carlsbad outstanding or authorized at the date of the first publicaticn of the Notice of Election for the acquisition, construction, or completion of municipal improvements, except that the property of said territory shall not be liable for any of the City of Carlsbad's 1962 Sewer' Bond authorized by a Special Municipal Election held on the 16th day of January, 1952. SAID territory is described as follows: .- All that real property in the County of SmDiego, State of'california, described as follows : Beginning at the intersection of the Southely line of Section 35, Township 12 South, Range 4 West, San Bemarfino Meridian, with the Easterly line of the County Highway known zs El Camino Real,-as shovn on County Road Survey Map No. 1800-1 on file in the County Engineer's Office of San Diego County; * . 1.. Thence Northerly along the Easterly lbz of said County Road Survey 1800-1 to the Northerly line of fie South Half of Section 26, Township 12 South, Range 4 est; Thence along said Northerly line and the Northerly line of the South Half of Section 25 of said townshiig: . 2. .- a . . South 89'15'32'' East, 223.07 feet, I- b. South 89"16'05" East, 1331.33 feet, and . .' C. South 89'13'54" East, 2627.59 feet m. the center of said Section 25; .. 3. Thence Northerly along the Westerly line of the East Half of said ' Section 25: .. . a. North 0'43'27" East, 1320.42 feet, ad b. North O"41'49" East, 1328.49 feet -the Northerly line of s'aid Section 25; 4. Thence along said Northerly line South .fe"37'47" East, 2635.50 feet to the Southwest corner of Section1'9, Township 12 South, . Rangc 3 West; .. I I 1 .2 3 4 5 E 3 E s 1c 11 li 12 14 15 l€ 17 1E 19 2c 21 22 23 24 25 26 27 28 29 30 31 32 _. S. Thence along the Westerly line of said Section 19 h'orth O"52'06" East, 1337.52 feet to the Northerly Line of the South Half of the Southwest Quarter of said Section 19; I 0 6. 7. . -8. 1 9. Thence Easterly along said Northerly line to the North and South center line of said Section 19; Thence Southerly along said center line and along the North and South center line of Section 30 of-last said township to the East and West center line of said Section 30; Thence Easterly along said East and \?est center line of Sections 30 and 29 or' said township to the Westerly line of the East half of the Southeast quarter of said Section 29; Thence Southerly along said Westerly line to the Southerly line' of said Section 29; Thence Easterly along said Southerly line to the South quarter corner of said Section 29; * 10. 11.' Thence along the East line of the West Half of Section 32, Township 12 South, Range 3 West, South O"02'25" East 4097.22 feet to the Northerly boundary of Rancho Las Encinitas, according to Map thereof No. 848 filed in the Office of the County Recorder of San Diego County; 12 . 13. 14 . ' 15. - Thence along said Northerly boundary South 75'47'10" West, 1160.20 feet to the Northeast comer of the West Half of Lot 6 of said Rancho; Thence along the Easterly line of said West Half of Lot 6 South 2'52'55" East, 2644.62 feet to the Southerly line of said Lot 6; Thence along said Southerly line Smth 86"40'45" West, 1320.29 feet to the Northeast.corner of Lot 8 of said Rancho; Thence along the Easterly line of s&d Lot 8: a. South 3"02'45'' East, 1325.49 feet, and -. b. South 2"38'45" East, 1309.82 feer to the Southeast corner of said Lot 8; 16.' Thence along the Southerly line of Lots 8, 9 and 10 of said Rancho: . a. South 87'06'20'' West, 1294.24 feet, .. . b. South 87"04'55" West, 1340.03 feet, .- C. South 87"03'30" West, to. the point,of intersection w-ith the Westerly line of County Road Survey No. 454-A on file . in the County Engineer's Office 0E said County; * * -. - 1 ! i 1 ! i i I I ! . 1.. - .. -- ._._,., "r .._-.. ... .. -... __ . . -_ . I. I I . -- 17. . ' Officc; Thence Northerly along said Westerly line to the Westerly line of County Road Survey No. 454 on file in said County Engineer's 18. ' 19. Thence Southwesterly and Westerly along said Westerly line to the Westerly line of said Lot 10; Thence along the Westerly line os Lots 10 and 3 of said Rancho: 2623.70 . a. North 3'35'15" West, 26Eh-0- .- feet, and b. North 2'32'35" West, 807.85 feet to the Northwesterly comer of said Lot 3; 20. Thence along the Northerly line of said Lot 3 North 75'47'10" East, 914.88 feet to the Xesterly line of Fractional Lot 2 in Section 1, Township 13 South, Range 4 West; Thence along said Westerly line North 1088.86 feet to the Northwest corner of said Lot 2; 21, 22. Thence along the South line of Section 36, Township 12 South, Range 4 West: a. North 89"17'26'' West, 1683.88 feet, and b. . North 89'17'41'' West, 993.40 feet to the Southeast corner .. of the West 50 acres of the SouthHalf of the Southwest Quarter of said Section 36; 23. Thence South 68"25'31" West, 1851.09 feet; *24, Thence South 56'30'28" West, 1100.78 feet to the Easterly Right of Way line of said Road Survey No. 1500-1 (El Camino Real); Thence Northwesterly along said Easterly line to the South line of said Section 35, Township 12 South, mnge 4 West and the point of beginning. .25. The name given said territory for the purpose of indicating it on the election ballots is "East Carlsbad Annexation No. 2.12" SECTION 2. Time of opening and closing polls. The polls at said election shall be opened at 7:OO o'cRock A.M. of the day herein fixed for the holding of said election, and shall be kept open until 7:OO o'c70ck P.M. of said day, when the polls shall be closed. SECTION 3.- Ballots. Upon the balltnts to be used at said election there shall be printed the words: -4- I 1 2 3 4 5 6 7 I 81 9l 10 11 l2 I 13 I 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 i SHALL "EAST CARLSBAD ANNEXATION NO. 2.12" BE ANNEXED TO, IN- CORPORATED IN, AND MADE A PART OF THE CITY OF CARLSBAD, AND THE PROPERTY IN SUCH TERRITORY BE, AFTER SUCH ANNEXATION, SUBJECT TO TAXATION EQUALLY WITH THE PROPERTY WITHIN THE CITY OF CARLSBAD, TO PAY THE ENTIRE BONDED INDEBTEDNESS OF THE CITY OF CARLSBAD OUTSTANDING OR AUTHORIZED AT THE DATE OF THE FIRST PUBLICATION OF THE NOTICE OF ELECTION FOR THE ACQUISITION, CONSTRUCTION, OR COMPLETION OF MUNICIPAL IMPROVEMENTS, EXCEPT THAT THE PROPERTY OF SAID TERRITORY SHALL NOT BE LIABLE FOR ANY OF THE CITY OF CARLSBAD'S 1962 SEWER BONDS AUTHORIZED BY A SPECIAL MUNICIPAL ELECTION HELD ON THE 16th DAY OF January, 1962. Opposite these words there shall be printed the words "YES" and "NO" and to the right of each of these last two words, there shall be a voting square. If an elector shall stamp a cross (+) in the voting square, after the printed word "YES",the vote of such elector shall be counted in favor of the annexation of said territory to the City of Carlsbad, and if an elector shall stamp a cross (+) in the voting square after the printed word "NO", the vote of such elector shall be counted against such annexation. Absentee ballots may be marked in pen and ink or pencil. In all particulars not herein recited, said election shall be in conformity, or as near as may be, with the laws of the State of California governing municipal elections in general law cities, and with the Annexation Act of 1913. SECTION 4. For the purpose of this election, there hereby is established in the territory described herein one (1) voting precinct which shall include all of such territory. (a) The following is the polling place of said election precinct, and the following named persons hereby are named officers of election and shall constitute the Board of Election for such election precinct: -5- E 1 2 3 4 5 6 7 81 9, i 10 11 l2 I 14 j Polling Place: Inspector: said inspector shall receive twenty-one ($21.00) dollars, and said judge and clerks shall receive eighteen dollars ($18.00) each; the person in possession of the polling Judge: Clerk: 16 Rancho La Costa Fire Station 1906 Arena1 Road, Rancho La Costa l9 2o 22 23 24 25 26 27 28 29 Alvin Croido obtain supplies necessary for the proper conduct of the election and to have prepared andzmailed, a ballot pamphlet as prescribed in Government Code sections 35252.1 - 35252.4, and a sample ballot and precinct polling place card to each eligible voter in the time and manner provided by law. SECTION 6. The City Clerk shall publish a notice of said special election as required by said Annexation Act of 1913 at least once a week for four weeks prior to the date of the election on the 8th day of August , 1972, in the Blade-Tribune, a newspaper of general circulation printed and pub1 ished outside the City of Carlsbad, but in the County of San Diego, California. Stephen Hayes Alfred I. Tilton C1 erk : Darlene S. Fortier (b) For their services in connection with said election, 17 18 place herein named shall receive for the use of such premises in connection with said election the sum of fifteen dollars ($15.00). SECTION 5. The City Clerk is authorized and directed to 32 xx -6- 17 SECTION 7. Within five days after the adoption of the adoption of this Resolution, the City Clerk shall transmit by registered mail, a certified copy thereof to the County of San Diego Local Agency Formation Commission. PASSED, APPROVED AND ADOPTED at an adjourned regular meeting the City Council of the City of Carlsbad, California, held on the 7th day of June , 1972, by the following vote; to wit, AYES: Councilmen Dunne, Lewis, Chase and Frazee. NOES: None ABSENT: Counci lman NcCornas City of Carlsbad. ATTEST: Cit'y qlerk b' (SEAL) -7- ! 2 3 4 5 6 7 I RESOLUTION NO. 1981 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ACKNOWLEDGING THE RECEIPT OF NOTICE OF INTENTION TO CIRCULATE A PETITION FOR THE ANNEXATION OF TERRITORY DESIGNATED AS "EAST CARLSBAD ANNEXATION NO. 2.12" AND AN AFFIDAVIT OF PUBLICATION THEREOF AND APPROVING THE CIRCULATION OF THE PETITION. 8i 9 WHEREAS, on April 10, 1972 there was filed with the City Clerk of the City of Carlsbad, a copy of a Notice of I Intention to circulate a petition relating to annexation of i ! 10 i certain territory to the City of Carlsbad, under the Annexa- 32 I I! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 ,ATTEST : ! Carlsbad Annexation No. 2.12", accompanied by a written state- ment containing reasons for the petition, together with an Affi- 1 davit of Publication of said notice in the Carlsbad Journal; and WHEREAS, the Annexation Act of 1913 provides that the legislative body may adopt a resolution acknowledging receipt of the notice and approving the circulation of the petition; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad: 1. That the receipt of the notice, statement and affi- davit is hereby acknowledged, and that approval is hereby given for the circulation of the petition for annexation of that terri- tory designated as "East Carlsbad Annexation No. 2.12", twenty-one I I days after the publication of said notice and statement. I 2. The City Clerk shall certify to the adoption of this I,' -27 I PASSED, ADOPTED, AND APPROVED by the City Council of the 30 31 Noes : None. Absent: None. STATE OF CAClrORNlA Courtly of Scn Dicgo Dorot -___.... IS. !...d.!L@?!fSI -..-.-------.--..., says that she is the Principal Clcrk of Tho Cnrlsbod Journal, a rvcckly ncwspapcr of general clrculotion. printed and publirhcd in the City of Carlsbod, County of Son Dipgo. and State of Colifornio, and lhat thc notice of which thc annoxod is a true copy. was publishcd timer in said ncwspapcr, cornmencing on tho ... lith. day of ___ April 1 * n laU7L, namely on the following daios: "...______...I___ --I__ -_- -.....______.- 6th Signed at Carlrbad, California this _____.-- day of ____!!?T?.& .....-.------, Ia7-?- I hereby declare under penalty of perjury I . t i ! I i I 11 RESOLUTION NO. 1997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO CALL A SPECIAL ELECTION IN CERTAIN INHABITED TERRITORY CONTIGUOUS TO SAID CITY, PRO- POSED TO BE ANNEXED THERETO, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS RESIDING IN SAID TERRITORY THE QUESTION OF WHETHER OR NOT SAID TERRI- TORY SHALL BE ANNEXED TO THE CITY OF CARLSBAD, AND FIXING A TIME AND PLACE WHEN AND WHERE ANY PERSON OWNING REAL PROPERTY WITHIN SUCH TERRITORY MAY APPEAR BEFORE THE CITY COUNCIL AND SHOW CAUSE WHY SUCH TERRITORY SHOULD NOT BE ANNEXED. I' 2 3 4 5 6 71 8, 9 11 I 10 ' I 11 11 I WHEREAS, this City Council has duly received a petition 12 13 14 15 16.1 17 18 19 20 21 22 23 24 signed by not less than one-fourth of the qualified electors residing within the territory known as the "East Carlsbad Annexation No. 2.12", as shown on the records of the San Diego County Registrar of Voters, and containing a description of the territory to be annexed, which is contiguous to the city, and asking that said territory be annexed; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That it is the intention of this City Council to call a special election in certain inhabited territory contiguous to 1 said city, proposed to be annexed to the City of Carlsbad, for ~ the purpose of submitting to the qualified electors residing I in said territory the question of whether or not said territory 1 26 '27 28 29 30 I subjected to taxation after annexation equally with the property within the City of Carlsbad to pay the bonded indebtedness of the City of Carlsbad outstanding or authorized at the date of the first publication of the Notice of Election for the acquisition, construction, or completion of municipal improvements, except that petitioners shall not be liable for any of the City of Carlsbad's 32/ 1962 Sewer Bonds authorized by a Special Municipal- Election held 4 ! 1( 1: 1: 1: li 1: 1t 1'; 1E 16 2c 21 22 23 24 25 26 .27 28 29 30 31 32 on the 16th day of January, 1962. Said territory is ,described as follows: A21 that real property in the County of San Dicgo, State of California, described as follows: Beginning at tho intersection of the Southerly linc of scction 35, Township 12 South, Ranne 4 West, San Gernzrdino Kcridian, with the center line of the County Highway known as L1 Cnmino kal, as sho;vn on County Road Suwcy h!"p No. 1600-1 011 file in the County Engineer's Ocficc of San Diego County; thence Noriherly along the center line of said County Road Survey 1800-1 as follows: (.iJ I\Tcrthwes~erly aIong.the arc of a 2985.00 foot radius curve concavc Southwesterly through a central ingle of 9' 10' 45" a distance of 47C.22 feet; @ North 24' 27' 07" West, 990.8Gieet; @ Korthessterly along ths arc of a 3100.00 foot radius curve concave Northeasterly through a central angla of 15' 39' 56" a distance of 929.G1 fer?:; @ FIorth 8' 47' 11" West, 989.39 feet; @ Northerly and Northeasterly along the arc of a 1500 .OO foot radius curve concave Easterly through a ccntral angle of 28' 47' 03" a distancc of 753.57 feet; @ North 19O 59' 52" Cast, 2473.71 feet; a Northerly along the arc of a 2000.00 foot rzdius curve concave Westerly through a centrill onglc of 27' 35' 03" a distance of 962.87 feet: @ North 7" 35' 11" West, 733.73 feet to the Northerly line of the South iialf of Section 25; Towriship 12 South, RmSc 4 West; thence along said Northerly line and the :Jort:!icrly line of the South Half of Section 25; @ South 89O 15' 32" Cast, 223.07 feet; @ South Ego 1'3' 05" East, 1331.33 feet; 0 South 89O 13' 54" East, 2627.59 feet to the center of said Section 25; thence Northerly along the .Westerly line of the Cast Half of said Section 25; @ North Oo 43' 27" East, 1328.42 feet; @ North Oo 41' 49" East, 1328.49 feet to the Northerly line of said Section 25; thence along said Northerly line @ South 89' 37' 47" East, 2635.50 feet to the Southwest corner of Section 19, Township 12 South, Range 3 \Vest; thence along the Westerly line of said Section !9 @ North 0' 52' 06" East, 1337.52 feet to the Northerly line of the South Hslf of the Southwesx Quarter of said Section 19; thence along said Northarly line and the N,2tiheriy line ef the South Half of the Southeast Quarter of said Section 19 @ South 89' 40' 50" East, 2997.49 feet 0 South 89' 50' 16" East, 1314 .OO feet, more or Less to the Northwest comer of the Southeast Quarter of the Southeast Quarter of said Section 19 @ itorth 00 19' 52" West, 49.37 feet to the Southwest corner of Lot 5 of Meadowlark No. 1, according to ?Asp thereof No. 4443, filed fn the Offjce or' County Recorder of Snn Dieco County; thence @) North Ego 34' 45" East along the Southerly line of said Meadowlark No. 1, a distance of 466.27 feet; 211 South- easterly along the arc of & 338.00 foot radius curve concave Northcastcrly throvc;n a central angle of 1G0 12' 05" a distance of 93.31 fez: @ South-,;resterly along the arc of a 25.00 foot reversed curve through a central angle of 61 05' 15" a distance of 35.36 feet; @ Soctk 38O 57' 15" East, 60.00 feet to the Westcrly line of Congrngaticnal Church at h:cadowlark; thence along said Wsstcrly line 23 South SIo C2' 45" West, 100.93 feet; @ Westerly, Southerly and Southeasterly along the arc of a 25.00 foot mdius curve concave Zastcriy through B centra angle of 90' GO' 00" a distance of 39.27 feet; through :I ccri:?!) cinoia of 16 50.00 fcct; 0 0 0 23 South 313O 57' 15" !;sst, li0.55 feet; c Southeasterly along thc arc of a 170.00 foot rsuius curve ~o~cavc Northeasterly 0 0 23' 33" a distance of 48.64 fcet; 27'South 55' 20' 4E" East, Sautnaastcrly along the arc of a 230.00 foot radlus curve cancave Southwc:stc:rIy through J ccntral ilng!c of 45O Iu' 03" a distance of 183.32 feet; ii 2 3 90 40' 45" East, 165.00 feet; @ Soutlicastcrly along thc arc of a 50.00 foot radius curve concave Nortticastcrly through a ce,~.Lrdl angle of 36' 52' 10" ;1 distance of 32.17 :et?: @ Southerly and Soutliv~c~t~rly alo:1q tnc arc of a 50.00 Northv;cstcrly through a central angl:: of 126' 52' 10" a distance go 40' 45" E:clst, 6.85 fact to tlx Pixthcrly li5c of Alberta 31.11 feet imxc or less to ti;c r.?orth.:tcst corner of I'rlbzrta 89O 30' 38" VJcst, 110.00 fcct inorr3 or less to thc Northwest go 04' 23" Cast, 100.00 fcnt more or Jess to tlx Southwest East, 137.C9 fcct inor!: or less to the Sotithwest corner of East, 54.61 fcct; @ ~mthessterly a1cr.g :he arc of a 100.00 foot ra2iss curvc corL;:zvG Sou t hive st e r 1 y t h ro 5' 45' 00" Cdst, 303.3-1 fact to a Soutk.vcst corncr of Albert& Bell; tkcnzs i?ioi!j .i lhe poral:eli wjth and 30 .OO feet SoutP.crf)r at right angles from land described in dazd to Rei1 Sro:hcrs, .hc. @) South 89' 55' 00" Cast, 500.00 feet Inore or less to the Westerly iinc oi Cour1:y Road Survey Xo. 454 (60' widc); t.!-..nncn sloiig said Westerly line @ Xorth Oo 05' OC" East, ZOO.OO feet more or less; @ piorth;*:csterly alone: ths arc of a 970.00 foot raciiris curie ii a csntral sng!e of 20' 44'00" a distance of 3G.19 Ecct; @> South, South-;esterly throucjn a cent-31 anclz of 21' 19' 03" a distance of 360.60 feet; 2l0 13' GO" LVest, 857.71 ft 9; a Northwesterly and Ncrtkerly dong the arc of a r; iins ccrvc concave En;terly aimugh a central nnqk of 32' 04' 00" a distance of. 576.46 fcet; ::o::h 13' 51' 00" East, 350.69 feet; @ Xctiherly and Northeasterly along I the ilrc of a 53u.00 foot radius curve corcave Southeasterly through 2 cen:ral sngie of ?.Torth 52' 00' 00" East, 108.41 feet to intersection with thn Northerly linc of tke Southeast 8 uarter of said Section 19; thence a1or.g ssid Northerly 41' 09' 00" a distance of 380.64 feet; line @ Xorth B9O 47' 00" East, 93.31 feet to the Eastcriy line of said Section 19; thence along said Easterly lim @ Scuth 0' 15' 39" East, 2670.79 keet to the Korthrvest corner of Section 29, Tovrnshi? 12 South, Rznge 3 West; 'hence along the Northerly line of s3id Section Souch 89" 21' 05" Easi, 1311.23 feet; @'jou:h ago 13' 30" East, 1322.2! feet; 53" Cast, 951.90 feet to the ibesterly line of Tiffany; thence along said Ssuth 37O 07' 20" West, 2652.27 feet to the most Westerly coriier thereof; 00" East, 400.00 feet to the most Southerly corncr of said land; @ North 13.39 feet to the nost Westerly corner of Nutt; @ South 58O 45' $3'' East, 1934.90 feet to J point in the Westerly linc of the Northcast Quarter of the Southeast Quarter of said Section 29; thence along said Westerly line @ South Oo 09' 00" West, 575.35 feet to the Sou:hvzest corner of the Northcast Quarter of the Soathcast Quarter of said Section 29; thence along the Southcrly 1ir.c of said Northeast Quarter of the Southeast Quarier @ South 89' 27' 53" East 1320.60 ieet to the Easterly line of said Section '29; thence along said Easterly line @ Sou:h 0' 11' 46" West, 1343.90 feet to the Southeast corner of said Section 29; thence along thc Southcrly line of said Section 29 Xorth 89O 31' 15" West, 2639.01 feet to the South Ouaccr corncr of said Section; thencc 3 ong thc East line of the West €Ialf of Section 32, Township 12 South, Rzngc 3 West, @ Sourh Oo 02' 25" Cast, 1097.2'2 fcct to the Ncrthcrly boundary of Rmcho Las Encinita;, according to Map thcrcof No. 848 fil..d in thc C):ficc of thc County Rccorddr of San Dicgo County; thcnce along said Northerly boundary @ South 75O 47' 10" West, 1160.20 fcet to the Northeast corner ot the 30 31 32 c -3- 2 3 4 3 1 3 3 1 1 1 1 1 2 2 2, 2: 21 2! 2t .2: 2t 2: 3c 33 32 West Half of Lot 6 of said Rancho; thence along the Easterly line of said Wcst Half of Lot 6 @ South 2' 52' 5;" Fast, 2G44.C2 feet to the Southcrly line of said Lot 6; thence along of said Itanclio; thcncc n!ong the Easterly linc of said Lot thcncc along the Scuthcrly linc of Lots 8, 9 and 10 63 Souih e7O 06' 20" West, 1294.24 feet; @ Sout11 87O 04' 55" West, 1340.03 fect; @ Soutn 67" 03' 30" West, 4041.43 feet to the point of interscction with the center line of County Rosd Survey No. 454-A; thence along said center line @ :,Torih 20° 11' 46" West, 311.65 fcct; @ IJortherly and Northeasterly aiong the arc of a 350.UO foc; radius curve concave Ettstcrly through a central angle of 50' 10' 27" a distance of 355.37 feet to the center Iinc of County Road Survey No. 454; @ South 37O 58' 41" \\'est, 697.08 feet; @ Southvicsterly along the arc of a 300.00 foot radius curve concave Nofihwestcrly through a ccntrcil angle of 49' @4' 49" a distance of 256.98 feet to said Southerly line of Lot io; thencc along said Soutterly linc @ South 87O 03' 30" West, 509.61 feet to the Southv:est corner of said Lot 10; tknce along the Westerly linc of Lots 10 and 3 @ North 3' 35 15" West, 2529.70 feet; 9 North Zn 32' 35" West, 807.85 feet to :he Northwesterly corner of said Lot 3; thence a ong the Rorthcrly line of silid Lo: 3 77 North 75O 47' 10" East, 914.80 feet to the Westerly line of Fractions1 Lot 2 in Section 1,Qrvnship13 South, Range 4 West: thence along said MTcsrer!;r line @ North 1088.86 feet to the Northwest corner of said Lot 2; thence nlong the Scuth line of Section 36, Township 12 South, .Range 4 West @ North 83O 17' 26" West, 1683. fit? feet; ?O North 8Yo 17' 41" West, 993.40 feet to the Soutileast corner of the West 50 scrcs of the So$? Valf of the Southwest Quarter of said Scction 36; @ South 60' 25' 31" West, 1851.09 fect; @ Sooth 55' 30' 28" West, 1100.76 fcet to the Easterly P.iqht of Way line of County of Sari Dieso Road Survey No. 1800-1 (El Camino Real); thencc @ South 58' 40' 35" &'est, 45.00 feet :3 the center line of said Pight of Way; thence @ iuoiihviesterly along said center linc hcing a 2015.00 foot radius c irve concave ?!o:'lheasrerly through a ccntrnl. angle of 22@ 27' 12': d distance of 759.65 feet; &5 North 8O 52' 13" West, 288.90 feet; @ h'orthwesterly along the arc of a 238S.00 foot said Southzrly line 0 South 86' 40' 45" West, 1320.29 1325.49 icct; 0 trir South 2' 30' 45"i:ast,1309.82 feet to the Northcast corner of Lot 8 cornel- of said Lot 8; South 3' 02' 45" East, ra 4 icls curve concavE? Southeasterly through a central angle of G3 24' 09" a distance of 333.56 feet to tte POINT OF BEGINNING. Said parcel of land containing 46 67 acres, more or ies s . -4- il 32 /I I q- E. ADAMS,City Clerk ATTEST: /& y {, ,/d&&/ / 2. That said territory is designated and identified for such election purposes and for use upon the ballots at said election as "East Carlsbad Annexation No. 2.12". 3. That notice be, and it is hereby given, thitt cn the 7th day of June, 1972, at the hour of 7:30 o'clock P.P., iq the Council Chambers of the City Hall of the City of Carlsbad, any person owning real property within said territory so proposed to be annexed and having any objection to the propnse? 3nnexation may appear before the City Council and show cause why s2ch territory should not be so annexed. Such protest rn~ist be in writing and shall state the nane or names of the owner or owners of the property affected by such annexation and the lccstion and area of such property in general terms. It is found that protest is not made by owners of one-half or more of the value of the property within the territory proposed to be annexed!, as shown on the last equalized assessment roll, or by public and private owners of property equal to one-half or more of the value of said territory, further proceedings shall be taken in accordance with the law for the holding of such special election. 4. That the City Clerk shall certify to the adoption of this resolution and cause the sare to be published once a week for two weeks prior to said hearing in the Carlsbad Journal, a newspaper of general circulation, printed and published in said City of Carlsbad. PASSED, APPROVED, AND ADOPTED ON THE 2nd DAY of May , 1972, by the following vote ta wit: AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee. NOES: None. ABSENT: None. 5- 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 TE LE PHONE : (714) 727-1 181 LA COSTA Costa Del Mar Road Rancho La Costa, California 92008 ATTENTION: JOHN J. MAMAUX, Construction Administrator Dear Mr. Mamaux: In response to inquiries included in your letter dated June 19, 1972 we advise as follows. 1. In annexation, does Mashburn continue refuse collection under Carlsbad franchise, or convenience and necessity--whichever is the case? Under California law Mashbun has a right to serve the area for three (3) years following annexation. 2. If question number one (1) is answered in the affirmative, does his rate of structure change? At the present time La Costa resj.dents receive one (1) pick-up per week as opposed to bi-weekly pick-up within the City limits. Additionally I who would handle the bill collection? The Public Works Director presently is preparing a report on this matter for the City Council. 3. Does the CATV franchise now enjoyed by La Costa continue after annexation, as in the manner of a Mashburn franchise? As you know Mr. Pieti of our staff is studying t3is subject, as is the City Attorney. Management's preference at this tixe is to recommend to the City Council that La Costa be granted an interim franchise pending the establishment of guidelines for issuance of CATV franchises by the City. -2- 4. Does the Sheriff's primary responsibility for police work continue after annexation while County Service Area #2 is in exis- tence, County Service Area #2 paying for additional police protec- tion only, not the primary? Ordinarily all police services would become the responsibility of the Carlsbad Police Department upon annexation. We will have to research the County Service Area law for a final response with regard this matter. Subsequent communication will advise as recommendations and findings indicate. Sincerely, WILLIAM C. BALDWIN Acting City Manager JBA/WCB/VS / cc: city council*R City Manager City Attorney Public Works Director Chief of Police 6/26/72