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HomeMy WebLinkAbout1976-08-03; City Council; 3729; South Carlsbad Detachment No 1.23'®af-CITY OF CARLSBAD . AGENDA BILL NO. s? /Z>7 Initial: Dept.Hd. DATE:Auaus DEPARTMENT : t 3. 1 Citv 976 Clerk r> C. Atty. \)f$ Mgr. R J Subi ect: "SOUTH CARLSBAD DETACHMENT NO. 1.23" (W. C. Savage property) Statement of the Matter • The subject property was annexed to the City of Carlsbad on March 8, 1976, One of the conditions of annexation was that the owner of the property file application for detachment from the Leucadia County Water District. Application was made by Mr. Savage for the detachment and on June 7, 1976 the Local Agency Formation Commission approved the detachment. It is now necessary that the City Council by resolution declare the area withdrawn from the Leucadia County Water District. Exhibits 1. Resolution of the Local Agency Formation Commission. 2. Resolution tijff?/ of the City of Carlsbad. Recommendati on Adopt Resolution No. *$$&/ , declaring the area detached . Council action 8-3-76 Resolution #3981 was adop'ted, declaring the area to be withdrawn from the Leucadia County Water District effective August 6, 1976 S{ co DO RECEIVED. Item 18 JUN86B76 Ref: DD76-9 EITV CLERK-S OFFICE ;OTV op CAPISCAD . i RESOLUTION OF LOCAL AGENCY FORMATION COMMISSION APPROVING A PROPOSED DETACHMENT FROM THE LEUCADIA COUNTY WATER DISTRICT "South Carlsbad Detachment No. 1.23" (Savage) On motion of Commissioner Morgan , seconded by Commissioner Chapman , the following resolution is adopted: WHEREAS, a petition of landowners was submitted to this Commission for detachment of territory from the Leucadia County Water District. (hereinafter referred to as the District), which petition was certified sufficient by the executive officer WHEREAS, the executive officer of this Commission has filed his report on said proposed detachment, which report has been considered by this Commission, NOW THEREFORE BE IT RESOLVED THAT THIS COMMISSION HEREBY FINDS, DETERMINES AND ORDERS as follows: 1. The territory proposed to be detached (hereinafter referrec to as the Territory) is as described in Exhibit "A" attached "O * — CD ""* '** "* CO ' ~5T H w -' ,. •"' -:> 2^ ' - 3;»i: 8s a ot & y 8- 2. The desp tion of the boundaries of *:he Territory is definite and certain. 3. The description of the boundaries of the Territory conform(s) to lines of assessment and ownership. 4. AIL owners of land within the Territory have consented in writing to the proposed detachment. 5. The District is a resident-voter district. 6. The Territory is uninhabited . 7. The change of organization does not constitute(s) a minor boundary change. 8. The Territory proposed to be detached is hereby designated the "South Carlsbad Detachment No. 1.23 (Savage)11 . 9. The Commission certifies that it has reviewed and considered the information contained in the EIR prepared by the City of Carlsbad. 10. The Commission hereby approves the proposed detachment subject to the proposed conditions, if any, as stated on Exhibit none attached hereto and incorporated herein. 11. The Commission hereby designates the District as the conducting district and authorizes the Board of Directors of said District to initiate detachment proceedings in compliance with this resolution, without notice or hearing and without election. -2- 12. The e:-rf-n;ive officer of this Co:::nission is directed to file and mail certified copies of this resolution as required by law. -3- PASSED AND ADOPTED by the Local Agency Formation Commission of the County of San Diego this 7th day of June 1976, by the following vote: AYES: Commissioners Mihalek, Chapman, Morgan, Pray and Mahr NOES: Commissioners None ABSENT: Commissioners Taylor and Walsh ABSTAINING: Commissioners None •* * * * Vc STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) I, S. M. SCHMIDT, Executive Officer of the Local Agency Formation Commission of the County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original resolution adopted by said Commission at its regular meeting on June 7, 1976, which original resolution is now on file in my office; that same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and seal this 7th day of June, 1976. S.. M. SCHMIDT, Executive Officer Local Agency Formation Commission o ijj-,,';'';»•; ii noij •"h-t t>or«-ion of Lot. 1, Section 33, Township 12 South, Ranse 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the Official Plat thereof described as follows: Beginning at the Northeast corner of said Lot Xj thence along the East line ot said Lot 1 (1) South 0* 44' 59" Bast, 788.03 feet to the Southeast comer of said Lotf thence (2) North 69* 05' 40" West, 454.32 feet to an angle point in the boundary of said Lot 1, said angle point being the Westerly terminus of that course shown as North 69* 58' 02" West, 454.38 s f eet on Record of Survey Map No. 1676 on file in the Of f ice of the County Recorder of said County; thence continuing along said boundary (3) South 33* 09* 27" West, 234.45 feet to an intersection with the Easterly line of Parcel 1 of that certain Lis Pendens recorded March 15, 1*61, as Document No. 46721 of Official Records of said County i thence leaving said boundary along the easterly lint of faid Parcel 1 the following courses i (4) North 25? 27' 58" West t 88.85 feet; thence (5) North 36* 16« 49" Weat|- 353.55*feetf cthence (6) North 32° 46' 41" West> 561.91 feet to the Southwest comer of Carlsbad Tract 73-24 according to Map thereof No. 7996 on file in the Of f ice of the County Recorder of said County i thence leaving the Easterly line of aaid Parcel 1 along the boundaryof said Hap No. 7996 the following courses i (?) South 890 10' 00" East, i ,103,3^ -feet to the POINT; OF Said :pareeleof=land- contains ;13.313acres^inore:or.-lessva, Approved by th« Local Agemy. Commission of San Dtego JUN 7 1976 COPY Secratary of saU CpmmjWtoa 1 RESOLUTION NO. 3981 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING 5 THAT THE AREA COMPRISING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY, DESIG- 4 NATED AS THE SOUTH CARLSBAD ANNEXATION NO. 1.22 TO THE CITY OF CARLSBAD IS TO 5 BE WITHDRAWN FROM LEUCADIA COUNTY WATER DISTRICT EFFECTIVE AUGUST 6, 1976, - 6 "SOUTH CARLSBAD DETACHMENT NO. 1.23." 7 8 WHEREAS, the real property described and known as the South 9 Carlsbad Annexation No. 1.22 has been annexed to the City of 10 Carlsbad, and such annexation proceedings were complete on March 8 11 1976; and 12 WHEREAS, said property is situated in the Leucadia County 13 Water District; 14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the 15 City of Carlsbad as follows: 16 1. That the above recitations are true and correct. 17 2. That under the statutory authority set forth in 18 Health and Safety Code Section 12952 the territory annexed by 19 the South Carlsbad Annexation No. 1.22 is hereby withdrawn from 20 the Leucadia County Water District effective August 6, 1976. 21 Said territory known as "South Carlsbad Detachment No. 1.23" is 22 legally described as follows: 23 That portion of Lot 1, Section 33, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, 24 State of California, according to tjne Official Plat thereof described as follows: 25 Beginning at the Northeast corner of said Lot 1; thence 26 along the Eastline of said Lot 1 27 (1) South 0° 44' 59" East, 788.03 feet to the Southeast corner of said Lot; thence 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 | 25 26 27 28 (2) North 69° 05' 40" West, 454.32 feet to an angle point in the boundary of said Lot 1, said angle point being the Westerly terminus of that course shown as North 69° 58' 02" West, 454.38 feet on Record of Survey Map No. 1676 on file in the Office of the County Recorder of "said County; thence continuing along said boundary (3) South 33° 09' 27" West,,234.45 feet to an intersection with the Easterly line of Parcel 1 of that certain Lis Pendens recorded March 15, 1961, as Document No. 46721 of Official Records of said County; thence leaving said boundary along the Easterly line of said Parcel 1 the '-: following courses: (4) North 25° 27' 58" West, 88.85 feet; thence (5) North 36° 16' 49" West, 353.55 feet; thence (6) North 32° 46' 41" West, 561.91 feet to the Southwest corner of Carlsbad Tract 73-24 according to Map thereof No. 7996 on file in the Office of the County Recorder of said County; thence leaving the Easterly line of said Parcel 1 along the boundary of said Map No. 7996 the following courses: (7) South 89° 10' 00" East, 1,103.34 feet to the POINT OF BEGINNING Said parcel of land contains 13.31 acres more or less. 3. That the City Clerk is hereby directed to file a copy of this resolution with the Clerk of the Board of Supervisors of San Diego County and to request that the resolution be distributed in accord with the law. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 3rd day of August, 1976 by the following vote, to wit: AYES: NOES: ABSENT: None ATTEST: Councilmen Frazee, Lewis, Packard, Skotnicki and Counci1 woman Casler None RTJBERT C. FRAZEE, Mfcyor E. ADAMS, City Clerk (SEAL