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HomeMy WebLinkAbout1959-12-15; City Council; Resolution 610t i L . P 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2: 24 25 26 27 2E 29 3c 31 si RESOLUTION NO. 410 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAliLSBAD APPROVING THE DELETION OF CERTAIN PROPERTIES FROM EA= CARLSBBD, ANNEXATION NO. 2.1 -3 WHEREAS, Laura Nf. Steiger, Soila B. Ames, Adelaide Benson and Jenny Marron have petitioned to have excluded from the City of Carlsbad, County of San Diego, State of California, all of those lands described in Exhibit ‘Xn attached hereto and made a part hereof as though fully set forth herein; and WHEREAS, the City Council of the City of Carlsbad has duly considered said matter; IT I5 HEREBY DECLARED that the following findings of fact by the City Council of the City of Carlsbad: (a) That Laura M. Steiger, Soila B. Ames and Adelaide Benson are the owners of a portion of the above described property, more properly described in Exhibit “A” attached hereto and made a part hereof; that Jenny Narron is the owner of a portion of the above described property, more properly described in Exhibit n13n attached hereto and made a part hereof; that said portions constitute at least two-thirds of the freeholders within said territory; that the above described persons hold at least two-thirds in value of the real property in the territory; that the above described persons have evidenced their written consent for the above described territory to be excluded from the City of Carlsbad and annexed to the City of Oceanside, which consent has been received in write by the City of Carlsbad in the form of a petition by the above named persons for the exclusion of the above described territory from the City of - 1- i *: a. 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 29 30 31 32 Carlsbad. (b) That the boundaries of the territory sought to be excluded from the City of Carlsbad and annexed to the Citj of Oceanside have been approved by the County Boundary Corn-= miss i on; (c) That the territory sought to be excluded from the City of Carlsbad and annexed to the City of Oceanside is contiguous to the City of Oceanside; (d) That the territory sought to be excluded from the City of Carlsbad and annexed to the City of Oceanside is uninhabited territory; (e) That said property is not subject to any taxes or liability in favor of thecity of Carlsbad, other than the taxes for the current fiscal year commencing July 1, 1959 and ending June 30, 1960. NOW TIEEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad that the City of Carlsbad, acting through its City Council, does hereby consent to the detach- ment of the above described property from the City of Carls- bad, subject to said territory being annexed by the City of Oceanside. BE IT FURTHER RESOLVED that in the event the above described property be not annexed to the City of Oceanside, then in that event this resolution of consent to detachment shall be null and void. BE IT FURTHER RESOLVED that the taxes for the cuc- tent fiscal year commencing July 1, 1959 and terminating Jun 30, 1960 shall be paid by the owners of said property, and that such taxes shall constitute a lien upon said property -2- .. 1: J i 5 C 4 5 E 'i € 5 1c 11 li 1: 14 15 1E 17 le 19 20 21 22 23 24 25 26 27 28 29 30 31 32 until such time as said taxes have been paid in full. BE IT FURTHER RESOLVED that the City Clerk shall, and is hereby directed, to cause a certified copy of this resolution to be forwarded to the City Clerk of the City of Oceanside. PA§SED, APPIROVED AND ADOPTED this 1.5 ih day of December, 1959. .- C'alifornia i E ATTEST: -3- E .. +. *.a 7 1 2 7 + 4 F " 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 HAYES &HAYES ATTORNEY5 AT LAW HAYES BUILDIN6 SO7 MISSION AVENUE OCEANSIDE, CALIF. All sf Lo% 2 and that portfosl ef Lot 1 and 3 fa Saction 33, Towrrs&ip 11 Sauth, Hangs 4 W6$f, Saa Btbrnardina B18e and keribiaa, rad that pastien of the RAKSIo AZUA EDIUNDA, in the County of Sari Digger State of C~fifornir, reearding to the Patent Up of said RANCXOa, recorded Qm Beak lo page 165 of Patents, doscribed 88 folfowar nciag at the Sotatheart corslfelp .of that portion of raid RANCHO AWA "INISA, conveyed by Robert Kelly to Silvestre bLW2ON by dsed dated Fsbrttrtry 27, 1878, aad recorded February 27, 1876 in B~ok 24, page 394 02 Deedss recards of Saa Dtago Cewn-tyt theace North 1W"P Vest (recsrd North 3*209t;ir'ert) &long th8 Ealrt liae elt raid ttact of land 10 celnvayad a8 aforesaid to Silvesrtrs m&i to 8 pofat ffi the Northerly line of tha relocation of Ceanty Highway' Cotffnoirsfon Route 14 frost Oceaarider 40 Vista, bsiag ..the TRW WfPlrr OP BEiflMiIMa thaace amtinutag North 1*3rC$YC.'ert along said East line aaQ the Northerly prolanjgatfan thereof 43.545 fsat C, a point 011 the North line @f raid Lot 13 thence North 89@36CW West along fh@ North liaa of ariaid Lag 1 aad a10ng tht, North line of Lots 2 arsd 3 in 8aid Saction 33, Township It South, Rragra 4 Rest, tu I point on the Nsrth line of LoS 3 that awld be intersected by the Noraherly prolongation in a direct line of the West line ef that portion of add WWCIK, AQUA NL.=DXOMIA cenvayed by Silvsstre lWU?ClN to Rooa bWB?OM by dead drrtesd Dwmbarr 10, 1902 aad rcbcordsd by 1, I903 in Book 324, ptga 114 of Deeds, recerdr 00 San Die B County1 thcnea South 5 26*23n bbt (recetd Satdh 7*351East f along raid prolongatha 861.71 feet to a point in said Northerly line ot the rshcatfan ai the County Highway Costmission Rwfe 14~ thaace aha$ said Norrherly ltao ai followsr Nsrth 88*56*8'7" E8st 34.38 feet; theace North 68@46t39" East 800.80 feet3 theace North 71z19*5ln art 801.28 Iaetj theace Nortb pi3 5094!Yc' East 232,87 feet3 thence North 7?036*36" East 228.16 Oaatf ttr@lnCCs Narth fZf@Q2c?3" Part 30,oo feet; thence North 69@48*2?" East 83.48 feet3 ttmncre %rrtfr ?PW*2P art 81.33 feet to a pint im the arc of a 3100.80 feet tadfas carve concave Southeasterly, 4 radial tine of said curve haring Worth lS039tPi2" West to raid poia4t thatace Hertheastarry dong said carve 110.95 faat through an angle d Zo03W2" to tha T2UE WIW 6% BEtc3IPMINCZ. EXCEPTIM therefrsa all of the natural gait, oil, petroleum and othrrr airrarolr and mineral aubatincrar in, on, and mder a portion of *aid land conveyad +o Mtlins! fi. ALVA2;uu)O by deed tarcordad by ls 1953 in Bsok 4842, prga 136 of Qtficial RewwZs RESEWVINQ to the grantor herein an easement and right of way for ra&d, sewer, water, gar, power and talepheae liaas rad agpurtenaaeer thereto over, under, alenff and atrars the I. '--A- -Id' . 11 1' 1; 1: 1d l! 1( 1: It 15 2c 21 22 22 24 25 26 27 20 29 30 31 32 HAYES & HAYES ATTORNEYS AT LAW HAYES BUILDING SO7 MISSION AVENUE OCEANSIDE, CALIF. # c