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HomeMy WebLinkAbout1973-08-08; City Council; Resolution 3185RESOLUTION NO. 3155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBED AND DESIGNATING THE SAME AS THE EAST CARSLBAD ANNEXATION NO. 2.15. WHEREAS, an application for approval of a proposal for the initiation of proceedings for the annexation of territory herein- sfter identified and described as East Carlsbad Annexation lo. 2.15 (Wiegand-Ponderosa) to the City of Carlsbad, County 3f San Diego, State of California was filed with the Local 4gency Formation Commission Reference No. CA 72-27; and WHEREAS, a resolution of the said Local Agency Formation :ommission, after a hearing held in the manner required by law, tias duly passed and adopted on the 4th day of June, 1973, approving the application for annexation of the territory hereinafter described by metes and bounds to the City of Carlsbad; and WHEREAS, said resolution provided that said annexation \I approved without notice and hearing and further provided that the City Council of the City of Carlsbad was authorized to annex said territory without notice and hearing by said council and without an election as provided in California Government Code Section 54797.1; and WHEREAS, a written petition containing the required signatures and a description of the uninhabited territory hereinafter described has been presented to the City Council of the City of Carlsbad, requesting annexation under the Annexation of Uninhabited Territory Act of 1939, Government Code Sections 35300 through 35326; and WHEREAS, said petition has been signed or consent thereto has been filed by the owners of all of the land in the territory 1. proposed to be annexed; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That said petition contains a description of certain uninhabited territory sought to be included and annexed to the City of Carlsbad and that said petition is signed by the owners of not less than one-fourth of the land in the territory by area and by assessed value as shown on the last equalized assessment roll of the County of San Diego,.in which county the City of Carlsbad is situated. 3. That the City Council hereby declares that said petition has been signed or consent to the proposed annexation filed by the owners of all of the land in the territory proposed to be annexed and, therefore, no protests may be filed against the annexation by persons owning property in the territory. 4. That the territory proposed to be annexed to the City is uninhabited territory as defined by Section 35303 of the Government Code and is contiguous to the boundaries of the city. 5. That the aforementioned uninhabited territory included in the proposed annexation is hereby designated and shall hereafter be known as the East Carlsbad Annexation No. 2.15. 6. That upon the completion of said annexation all of the property included therein shall be taxed accordingly with the other property within the City of Carlsbad to pay the bonded indebtedness and any and all general indebtedness of the City of Carlsbad contracted prior to, or existing or outstanding at the time of, the aforesaid proposed annexation of said describe property. 7. That all requirements of law necessary to the adoption of this resolution approving the annexation of certain 2. uninhabited territory pursuant to Section 35310.1 of the California Government Code have been complied with. 8. That it does hereby approve the annexation to the City of Carlsbad of that certain real property located in the County of San Diego, State of California, designated as the East Carlsbad Annexation No. 2.15 and more particularly described as follows: Lots 3 and 4 of Fractional Section 1, Lot 5 and portions of Lots 1, 2, 6, 7 and 8 of Fractional Section 2, Township 13 South, Range 4 West, San Bernardino Meridian, according to the Official Plat thereof, and the unnumbered Lot, Lot 2 and portions of Lots 1 and 11 of Rancho Las Encinitas, according to Map thereof No. 848 filed in the Office of the County Recorder of said County, more particularly described as follows: Beginning at a point in the Easterly Right of Way line of San Diego County Road Survey No. 1800-1 (El Camino Real), approved September 8, 1970 and filed in the Office of the County Engineer of said County, said point of beginning lying North 86°15'05" East, 45.00 feet from Engineer's Station 89+65.46 E.C. in the center line of said Road Survey; thence along said Right of Way line. 1) North 3°44'55t' West, 1061.59 feet to the beginning of a tangent 2045.00 foot radius curve concave Southwesterly; thence North- westerly along said curve through a central angle of 2) 32'30'56'' a distance of 1160.54 feet; thence tangent to said curve 3) North 36°15'51'' West, 291.95 feet to the beginning of a tangent 1970.00 foot radius curve concave Northeasterly; thence Northwesterly along said curve through a central angle of 4) 4°56f20t' a distance of 169.81 feet to a point in the arc thereof to which a radial line bears South 58O40'29" West; thence leaving said curve and said Right of Way line 5) North 56°30'28t' East, 1100.64 feet (1100.78 feet per East Carlsbad Annexation 2.12); thence 6) North 68'25'31" East, 1851.09 feet to an intersection with the North line of said Fractional Section 2; thence along said North line and the North line of said Fractional Section 7 3. 7) South 89'17'41" East, 993.40 feet to an angle point; thence 8) South 89°77'26" East, 1683.77 feet (1683.88 feet per East Carlsbad Annexation 2.12) to the Northeast corner of said Lot 3; thence along the Easterly line of said Lot 9) South 1O35'31" West, 1094.53 feet (South, 1088.86 feet per East Carlsbad Annexation 2.12) to the Southeast corner of said Lot being in the North boundary of said Rancho Las Encinitas; thence along said North boundary 10) South 76'21 '30" West, 892.92 feet (South 75'47'10" West 914.88 feet per East Carlsbad Annexation 2.12) to the Northeast corner of Lot 2 of said Rancho; thence along the Easterly line of said Lot 2 111 South 1'58'05" East, 807.94 feet (South 2O32'35" East, 807.85 per East Carlsbad Annexation 2.12) to the Northeast corner of Lot 11 of said Rancho; thence along the Easterly line of said Lot 11 12) South 2O55'51" East (South 3'35'15" East per East Carlsbad Annexation 2.12) to an intersection with the northerly Right-of-way line of San Diego County Road Survey Number 1631 (Olivenhain Road - 60 feet wide) filed in the Office of the County Engineer of said County; Northerly line of said Road Survey to the point of intersection with the aforementioned Easterly Right-of-way line of Road Survey Number 1800-1, said point being in the arc of a non-tangent 9045.00 foot radius curve concave Westerly, a radial line to said point bears South 88O55'18" East; thence Northerly along said curve through a central angle of 14) 4'49'37" a distance of 762.01 feet to the point of begi nni ng . Said parcel of land containing 435.5 acres, more or less. 13) Thence Westerly and Northwesterly along said 9. That the City Clerk is directed to prepare under seal a certified copy of this resolution giving the date of its passage and transmit it to the Secretary of State. an adjourned PASSED, APPROVED AND ADOPTED at / regular meeting of the City Council on the 8th day of August , 1973, by the 4. following vote, to wit: AYES: Councilmen Dunne, Chase and Frazee. NOES: Councilman Lewis. ABSENT: Councilman McComas. a _-. ATTEST: (seal) 5.