HomeMy WebLinkAbout1972-08-01; City Council; 815; Election-south Carlsbad Annxation No.1.13THE CITY O F CARLSBAL,CALIF'ORNIA
Agenda Bill No
-deferred To :
Date August 1. 1972
Subject:'* Election-
"South Carlsbad Annexation No. 1.13"
(La.nakai )
Submitted By:
City Clerk
Statement of the Matter
Resolution of Intention #2032, stating the intention of the Council
to call a Special Electi-on as to whether the territory known as
"South .Carlsbad Annexation #1.13" shall be annexed, is set for hearing
' on August 1, 1972.
At the time fixed for hearing if even one property owner within the
area proposed to be annexed protests the annexation, the hearing
must be continued.
10-17-72 The Special Election for annexation of Lanakai Mobile Homes was held
on October 3, 1972. The Election Code provides the ballots shall be
canvassed by the City Council at the next regular meeting following
the election.
Exhibit
Resolution No., calling-a special election.
Resolution No. 300 O , declaring the results of the election.
Staff Recommendations
8-1-72 1. If any property owner within the area protests, continue
the hearing-to August 15, 1972.
2'. If there are no protests, adopt Resolution #
calling fora special elect ion.
10-17-72 After the Council has canvassed the ballots, adopt resolution
No. 3*6 Q .
Wo.
City Manager's Recommendation
Council'Action
8-1-72 Following the fubl i.c Heari ng, Resolution No. 2051 calling
for a Special Election was adopted.
10-17-72 - Following Canvas of Ballots by Council, Resolution No. 3000
• ' was adopted by title only, declaring the results of the
•' . -election.
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RESOLUTION NO. 2051
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, CALLING
A SPECIAL ELECTION TO BE HELD ON THE
3rd DAY OF OCTOBER, 1972, PERTAINING
TO THE"SOUTH CARLSBAD ANNEXATION NO. 1.13",
TO THE CITY OF CARLSBAD.
WHEREAS, by Resolution No. 2032 the City Council of the
City of Carlsbad, California, declared its intention to call a
special election in certain inhabited territory contiguous to said
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
C i ty , 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 August 1, 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 made 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 3rd day of October, 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 said City of Carlsbad,
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and whether or not the property of said territory shall, after such
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2 annexation be subject to taxation equally with the property within
3 the City of Carlsbad, to pay the entire bonded indebtedness of the
4 City-of Carlsbad outstanding or authorized at the date of the first
5 publication of the Notice of Election for the acquisition, constructio
6 or completion of municipal improvements.
7 • SAID territory is described as follows:
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• . All that: unincorporated area, in the County of San Diego, State
of California, lacing a portion of La Costa Downs Unit No. 1,
according to }lap thereof Ko. 2013, filed in the Office of the
County .Recorder of San Diego County, April 6, 1927, and a
portion of Sections 20 and 29 in the Township 12 South, Range
4 V.'ent, San Bernardino Base and Meridian, according to .United
States Government Survey, approved October 25, 1875, and being
., „ more particularly described as follows:J.O
, 4 Beginning at a point on Southerly boundary of Rancho Agua
Hedionda, according to United States Survey Government Resurvey
•j;- of Subdivision of Township 12 South, Range 4 West, San Bernar-
dino Base and Meridian, by Owen approved September 17, 1915,
a copy of which was filed in the office of the Recorder of
said County, June 21, 1920, as miscellaneous Map 29 and also
according to map marked "Plaintiff's Exhibit A" in Superior
.. Court Document No. 16830, dated May 6, 1916. Sai'd point being
also on the Westerly line of right of way of State Highway.
As shown on right of way map. District XI, County'of San
19 Diego, Route 5, Sheet No. LO-3770;
20 (T) Thence along Southerly boundary of .said Rancho, South 89°27'10"
•East 366.17 feet to the Easterly right of "way line of said
21 . State Highway;
22 (5) Thence along the Easterly right of way line of said highway,
South 2S°14'56"' East 326.28 feet (State distance 323.50 feet) ;
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Thence continuing along said line South 24-40'13" East 2140.96
24 ' (State distance 2141.34 feet) to a point on the Northerly
section line of Section 29;
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^ Thence, leaving Easterly right of v;ay line of State Highway
26 along said section line South 09°50'20" VJeot 1226.03.fcct to
the Northwest corner of the East half of the Northeast Quarter
27 of Section 29;
28 (5) Thence South 0°Q2'20" East 1362.45 feet along Westerly line of
the East one-half of the Northeast Quarter of Section 29 to
29 the South line of Lot 1, of Seption 29;
. 1V tl,o Loccl /V;;cncy Formation
30 •' ' Commission of Son Diego
DEC CC 197)
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CocrcUtry of ».<ld Commluion
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4 • Thence South 09°50''30" West 466.01 feet along the South line
of Lot 1 to a point on a curve of a 19,046 foot radius curve
5 ' concave Northeasterly having a radial line from said point
bears North 70°32'46" East, said point being located on the
6 Easterly right of way line: of California State Highway
XI-SD-2B, as shown on State of California Department; of
7 ' public Works, Division of Highways, District XI, right of way
Map No. LO 9633 to 9636;
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Thence' Northwesterly along arc of said curve and said right of
9 way, 239.00 feet through a central angle of 0°41'24".
10 . (e) Thence continuing along, said right of v;3y line as follows;
North 18°45'SO" West 1172.82 feet, to the beginning of a
11 •' . tangent 20.00 foot radius curve concave Southeasterly;
Thence Northeasterly along the arc of said Curve 37.95 feet
through a central angle 108°43'40"; • .JLo
o Thence South 89°57'50" West 53.24 feet;
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ll) Thence North 18C45'50" West 593.60 feet;15
•i* ' Thence North 71*14'10" East 120.00 feet;J.6 ^""^ • - *•
._ 13) Thence North 17°19'22" West 132.00 feet;
..Q .14) . Thence North 14C37'51" West 425.67 feet;JLO s
19 Thence North 63°45'53" West 141.43 feet;
20 . O ..'i'her.ce North 24027'58" V?est 324.10 feet to the beginning of a
IS,080 foot radius curve concave Southwesterly having a radial
21 • line from 'which bears South 68°57'52" West;
22 ( Thence North-westerly along the arc of said curve 328.35 feet,
through a central angle of 3°42'12" to a point of tangency;
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Thence North 24 "44'20" • West 440.82 feet to the Southerly lot
24 line of Rancho Agua Hcdionda;
25 ) Thence leaving Easterly right of way line of said Highway
South 89C27'10" East along said Southerly lot line of said
26 Rancho 707 feet*more or less to the Easterly right of way
of Atchison, Topcka and Santa Fc Railway Company, Coast
27 .T,ines, being the successor in interest of the California
Southern Railroad Company, which was shown on a map approved
28 by I-ho r.c-crctary of the Interior, May 12, 1001; and con-
structed in 1G02 on the- location shown on said map;
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e>
(23)
_JThencc along the Easterly Railway line South 18024'35" East
'120'!. 0-1 feet to the most Northv.-er tcrly corner of Lot-19,
in Block 21 of La Costa Downs Unit No^ 1;
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Thence leaving said Railroad right of way along Northerly
lot line of Lot 19, North 69°33r55" East 69.29 feet (North
G8°53'20'! East. 68.75 feet; Map 2013);
Thenct!' North Dl°00'55" East 42.19 feet (North 50°20'20"
.East 42.19 feet, Map 2013); ' .
Thence" North 18024'35" West 115.28 feet;
Thence North 61P51'00" East 484.04 feet to a point on curve
on the Northwesterly right of way line of La Lo:na Boulevard,
said curve having a 60.00 foot radius, concave South-
easterly, a radial line from said point bears South
56*55'55" East; .
Thence Northeasterly elong arc of said curve and right of.
way 60.51 feet through a central angle of 57°33'50" to a.
x-adial line from said point bears South 0°38'55" West;
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Thence leaving said.right of way North 61"51'00" East
292.78 feet to the Westerly right of way line of State
Highway XI-SD-P.oute 5, Sheet No. LO-3770;{•
Thence along the Westerly right of way line North 27°14I24"
West 652.95 feet to the TRUE POINT 0? BEGINNING.
The name given said territory for the purpose of indicating
it on the election ballots is "South Carlsbad Annexation No. 1.13"
SECTION 2. Time of opening and closing polls. The polls
at said election shall be opened at 7:00 o'clock A.M. of the day
herein fixed for the holding of said election, and shall be kept
open until-7:00 o'clock P.M. of said day, when the polls shall be
closed.
SECTION 3. Ballots. Upon the ballots to be used at said
election there shall be printed the words:
SHALL "SOUTH CARLSBAD ANNEXATION NO. 1.13" 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.
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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 lav; 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 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:
Poll ing Place : Lanakai Mobile Home
Recreation Center
6550 Ponto Drive
Carlsbad, California
Inspector:June R. Dwarak
Judge:Edna Johnson
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Clerk : Margaret G. Schlerf
Clerk: Pauline R. Pickels
(b) For their services in connection with said election,
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
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
obtain supplies necessary for the proper conduct.of the election and
to have prepared and mailed, a ballot pamphlet as prescribed in
Government Code sections 35252.1 - 35252.4, and a sample ballot
land 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
3rd day of October, 1972, in the Blade-Tribune, a newspaper of
general circulation printed and published outside the City of Carlsbad
but in the County of San Diego, California.
SECTION 7. Within five (5) days after 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.
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PASSED, APPROVED AND ADOPTED AT A regular meeting of the
City Council of the City of Carlsbad, California, held on the
1st day of August, 1972, by the following vote; to wit,
AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee.
NOES: None.
ABSENT: None.
DAVID M. DUNNE, Mayor of the
City of Carlsbad.
ATTEST:
MARGARET E. ADAMS, City Clerk
(SEAL)
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RESOLUTION NO. 3000
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA
DECLARING THE RESULT OF THE CANVASS
OF ELECTION RETURNS OF A SPECIAL
ELECTION HELD AT LANAKAI, ON
OCTOBER 3, 1972
The City Council of the City of Carlsbad, California DOES
6 I HEREBY RESOLVE, DETERMINE AND ORDER as follows:
SECTION 1 . That a special election was duly called and
8 I regularly held at Lanakai on the 3rd day of October, 1972, at
9 II which election there was submitted to the qualified voters of
Lanakai the following proposition, to wit:
PROPOSITION: Shall "South Carlsbad.Annexation
No. 1.13" be annexed to, incorporated 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?
SECTION 2. That the returns of said election have
been duly and regularly canvassed by this City Council as
provided by law, and all absentee ballots, if any, returned
have been canvassed as provided by law.
SECTION 3. That the votes cast in the precinct established
for said election upon said proposition and for and against said
proposition, the absentee votes, if any, cast upon said propositio
and for and against said proposition, and the total votes cast at
said election for and against said proposition and upon said
proposition are as follows:
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XX
XX
X X
X X
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PRECINCT
No. 1.
Total in Precinct
Absentee Votes'
Total Votes
Including
Absentee Votes
YES
101
101
2
103
NO.
19
19
0
19
TOTAL
120
120
2
122
SECTION 4. That the majority of those votes cast by
all those voters voting at said election upon said annexation
proposition, were cast in favor of said proposition, and said
proposition is hereby declared to be carried.
SECTION 5. That the City Clerk of this City is hereby
directed to enter this Resolution in full in the minutes of this
City Council, which upon entry shall constitute the City Clerk's
statement of the result of the election.
ADOPTED, SIGNED AND APPROVED this 17th day of October
1972, by the following vote:
'AYES: Vice-Mayor McComas, Councilmen Lewis and Chase
NOES: None
ABSENT: Mayor Dunne, Councilman Frazee
DAVID M. DUNNE
AVID M. DUNNE, Mayor
ATTEST:
. AD
Citylerk
(SEAL)
GLENN E. McCOMAS, Vice-Mayor
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