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
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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
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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
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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
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following vote, to wit:
AYES: Councilmen Dunne, Chase and Frazee.
NOES: Councilman Lewis.
ABSENT: Councilman McComas.
a
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ATTEST:
(seal)
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