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HomeMy WebLinkAbout1963-09-17; City Council; Resolution 9381 2 2 U 4 5 6 7 8 9 1c 11 12 12 14 I5 16 17 1.C 19 2c 21 2% .2 z 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 938 A RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO CITY OF CARLSBAD OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "EAST CARLSBAD ANNEXATION 2.4", AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CARLSBAD: 1. That, pursuant to the provisions of the Annexation of Uninhabited Territory Act of 1939, a petition signed by owners of not less than one-fourth of the land in the hereinafter described territory, by area and by assessed value as shown on the last equalized assessment roll of the County of San Diego, was filed with the Council of the City of Carlsbad on September 17, 1963, requesting annexation of the hereinafter described territory to said City. 2. That the territory which the petitioners request be annexed to the City of Carlsbad and which said City and its Council propose to annex, is situate in the County of San Diego, State of California, hereby designated East Carlsbad Annexation 2.4", more particularly described in Exhibit "A1*, It attached hereto and made a part hereof as if fully set forth herein. 3. That the County Boundary Commission of San Diego County, California, did in session duly assembled on Tuesday, September 3, 1963, consider the proposed annexation boundaries of said "East Carlsbad Annexation 2.4", as above described, and as submitted to said Commission by the proponents of said annexation. 4. That Tuesday, November 5, 1963, at the hour of 7:30 P. M., in the Council Chambers in the City Hall in the City of Carlsbad, County of San Diego, California, is hereby fixed as the time and place when and where any person owning real property within the uninhabited territory above described and proposed to be annexed to the City of Carlsbad, and having any objections to the proposed annexation, may appear before the Council of the City of Carlsbad and show cause why such uninhabited territory should not be so annexed to the City of Carlsbad. before the hour set for hearing objections to the proposed annexation, and shall The protest must be in writing, may be filed at any time 3 i .; 4 F E 7 E 5 1C 11 1; 1: 14 1E 1E 17 1€ 15 2c 21 22 .2 ;3 24 25 26 27 28 29 3c 31 32 state the name or names of the owner or owners of property affected and the description and area of such property, in general terms. 5. The City Clerk of the City of Carlsbad is hereby authorized and directec to cause a copy of this resolution to be published at least twice, but not oftener than once a week, in the Carlsbad Journal, a newspaper of general circulation published in said City of Carlsbad, the city to which it is proposed to annex the aforesaid territory, and also in the San Diego Union, a newspaper of general circulation published outside the City of Carlsbad, but in the County of San Diego, California, the county in which is located the territory proposed to be annexed to the City of Carlsbad, said publication to be complete at least twenty (20) days prior to the date set for hearing. 6. The said City Clerk is further authorized and directed to cause written notice of such proposed annexation to be mailed to each person to whom land within the territory proposed to be annexed was assessed in the last equalized county assessment roll available on the date the above said proceedings were initiated, at the addresses shown on said assessment roll or known to said Clerl and to any person who has filed his name and address and the designation of the lands in which he has an interest, either legal or equitable, with said Clerk, such notice to be given not less than twenty (20) days before the first public hearing on the proposed annexation. 7. In the event any land within the territory proposed to be annexed is owned by a county, the City Clerk is directed to cause written notice of such proposed annexation to be mailed to the Board of Supervisors of such county, such notice to be given not less than twenty (20) days before the first public hearing on the proposed annexation. 8. In the event there is, upon the land proposed to be annexed to said City, a structural improvement owned, being acquired or leased by a county fire protection district, the City Clerk is directed to cause written notice of such proposed annexation to be mailed to the governing body of such district, such notice to be sent not less than ten (10) days before the first public hearing upon such proposed annexation. 9. The City Clerk is directed to cause written notice to be given to such -2- # I t A 1 t r I < 1( 1: 1: 12 14 1: 1f 17 1E 19 2c 21 22 .2 3 24 25 26 27 28 29 30 31 32 other persons as may be legally entitled thereto, in the manner required by law. PASSED, APPROVED AND ADOPTED by the City Council of the City c Carlsbad at a regular meeting held September 17, 1963, by the following vote, to wit: AYES: Councilmen McPherson, Bierce, Guevara, Neiswender and Hughes. NOES: None. ABSENT: None. of the City of Carlsbad, Carlsbad, California ATTEST: City Clerk Deputy City Clerk - 3- September 13, 1963 e LEGAL DESCRIPTION East Car lsbad Annexation 2 4 All that unincorporated territory in the County of San Diego, State of California, being a portion of Lot J, Rancho Agua Hedionda, in said County and State, according to Partition Map thereof Moo 823, filed in the Office of the County Recorder of said San Diego County, November 16, 1886, being also a portion of Theoretical Section 5, Township 12 South, Range 4 West, and Theoretical Section 32, Township 11 South, Range 4 West, San Bernardino Base and Meridian, being more particularly described as follows: 1. 2, 3. 4. 5, 6. 7. 8. 9, 10 D 11. 12 0 13. Beginning at a point in the Easterly boundary line of the City of Carlsbad, said point being in the Southerly line of said Lot J, Rancho AgQa Hedionda, and also in the Westerly line of El Camino Real, 80 feet wide as shown on Map of Road Survey Noo 682 and 925, filed in the Office of the County Surveyor of said San Diego County; Thence from said point in an Easterly direction along said South- erly line of Lot J to the Southeast corner of the Northeast Quarter of said Theoretical Section 5; Thence along the Westerly line of the land described in deed Ire- corded July 12, 1949, in Book 3254, Page 339 of Official Records of said County, North 7O West 1,106 feet to the Northwesterly corner of said land; * Thence along the Westerly line of the land described in deed Recorded September 8, 1938, in Book 813, Page 485 of Official Records of said County as follows: North 49O West 360 feet: Thence NORTH, 490 feet: t. Thence EAST, 190 feet: Thence North 7' West 1820 feet; Thence South 59O West 485,31 feet; Thence North 31° West 466.69 feet: Thence South 59' West 466.69 feet; Thence South 31O East 466.69 feet; Thence South 59O West 20 feet: Thence North 56O 00' West 1243 feet to the most Northerly corner of that parcel of land described in Deed recorded June 21, 1957 in Book 6632, Page 183 of Official Records of said County: East Carlsbad Annexation 2 e 4 r Legal Description -2- September 13, 1963 14, Thence along the Northwesterly line of said land, South 68O 00' ? West to a point in the Westerly Line of said El Camino Real, being a point in the Easterly boundary line of the City of Carlsbad; 15- Thence in a Southeasterly direction along said Westerly line of El Camino Real and the Easterly boundary line of the City of Carlsbad to the POINT OF BEGINNING,