HomeMy WebLinkAbout1984-06-05; City Council; Resolution 762384-262169
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W SAN DIEGO COUNTY •-*
LOCAL AGENCY FORMATION COMMISSION
CERTIFICATE OF COMPLETION
!ri'3!4 JUL 12 AM 3: 37 "Batiquitos Pointe Reorganization"
_ , , , .,. r • (City of Carlsbad)Vc_f-.A i-.t.! L.r .;
I i i -j.-nr.in™
NO FEE
j RQ83-20 Return to LAFCO @ A216
Pursuant to Government Code Sections 35350, 54797.2, and 56450, this Certifi-
cate is hereby issued.
The name of each city and/or district involved in this change of organization/
reorganization, all located within San Diego county, and the type of change
of organization ordered for each such city and/or district is as follows:
City or District
City of Carlsbad
Leucadia County Water District
Encinitas Fire Protection District
County Service Area No. 17
County Service Area No. 83
Type of Chanqe__of Organization
Annexation
Detachment
Detachment
Detachment
Detachment
A certified copy of the resolution/ordinance ordering this change of organi-
zation/reorganization without an election, or the resolution/ordinance con-
firming an order for this change of organization/reorganization after con-
firmation by the voters is attached hereto and by reference incorporated
herein.
A legal description and map of the boundaries of the above-cited change of
organization/reorganization is included in said resolution.
The terms and conditions, if any, of the change of organization/reorganiza-
tion are indicated on the attached form.
I hereby certify that I have examined the above-cited resolution/ordinance
for a change of organization/reorganization, and have found that document to
be in compliance with the Commission's resolution approving said change of
organization/reorganization.
I further certify that (1) resolutions agreeing to accept a negotiated ex-
change of property tax revenues for this jurisdictional change, adopted by
the local agencies included in the negotiations, have been submitted to this
office, or (2) a master property tax exchange agreement pertinent to this
jurisdictional change is on file.
/%LtUL>UU pate July 5, 1984
JANE//P. MERRILL
Executive Officer
405
^ (619) 236-2015 • san diego
Local agency formation commission
I6OO pacific highway • san diego, ca. 92IOI
chairman
J.B. Bennett
Councilman, City of
Imperial Beach
members
Paul Eckert
County Board of
Supervisors
Paul W. Fordem
County Board of
Supervisors
Mike Gotch
Councilman,
City of San Diego
Marjorie Hersom
Alpine Fire Protection
District
Dr. Charles W. Hostler
Public Member
Stanley A. Mahr
San Marcos County
Water District
Linda Oravec
Mayor, City
of Poway
alternate members
Alex L. Adams
Greater Mountain Empire
Resource Conservation
District
Uvaldo Martinez
Councilman, City of
San Diego
executive officer
William D. Davis
counsel
Lloyd M. Harmon, Jr.
CERTIFICATE RE:TERMS AND CONDITIONS AND INDEBTEDNESS
Subject: "Batiquitos Pointe Reorganization"
(City of Carlsbad) (RO83-20)
Certain terms and conditions are required by the Local
Agency Formation Commission to be fulfilled prior to the
completion of the above-named change of organization.
(Name)(Title)
do hereby certify that the terms and conditions listed
below have been fully met.
1. The boundaries shall be modified to conform to
Exhibit "A" attached hereto.
Will the affected property be taxed for any existing bonded
indebtedness or contractual obligation? Yes iS No
If yes, specify.
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RESOLUTION NO.7623
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD
CALIFORNIA, APPROVING A REORGANIZATION INVOLVING
ANNEXATION TO THE CITY OF CARLSBAD, DETACHMENT FROM
THE LEUCADIA COUNTY WATER DISTRICT, ENCINITAS FIRE
PROTECTION DISTRICT, AND COUNTY SERVICES AREAS NO. 17
(SAN DIEGUITO PARAMEDICS) AND NO. 83 (SAN DIEGUITO
LOCAL PARKS). (BATIQUITOS POINTE REORGANIZATION.
WHEREAS, an application for approval of a proposal for the
Initiation of proceedings for the reorganization of territory
hereinafter indentified and described as Batiquitos Pointe
Reorganization to the City of Carlsbad, County of San Diego,
State of California, was filed with the Local Agency Formation
Commission Reference No. RO 83-20; and
WHEREAS, a resolution of the said Local Agency Formation
Commission, after a hearing held in the manner required by law,
was duly passed and adopted on the 2nd day of April, 1984-,
approving the application for reorganization of the territory
hereinafter described by metes and bounds; and
WHEREAS, said resolution provided that said reorganization
was approved following notice and hearing and further provided
that the City Council of the City of Carlsbad was authorized to
annex said territory following notice and hearing by said
Council;
WHEREAS, a written petition containing the required
signatures and a description of the uninhabited territory
hereinafter described has been presented to the Local Agency
Formation Commission requesting reorganization under the
Municipal Organization Act of 1977; and the District
Reorganization Act of 1965; and
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2 Executive Officer of LAFCO on January 26, 198^;
WHEREAS, said petition was certified sufficient by the
Execu
3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the
A
City of Carlsbad, California, as follows:
5 1. That the above recitations are true and correct.
c
2. That said petition contains a description of certain
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uninhabited territory sought to be included and annexed to the
8 City of Carlsbad and detached from the Leucadia County Water
9 District, Encinitas Fire Protection District, and County Service
Areas No. 17 and No. 83, that said petition is signed by the
owners of not less than 25% of the land in the territory by area
12 and by assessed value as shown on the latest equalized assessment
13 roll of the County of San Diego, in which county the City of
14 Carlsbad is situated.
15 3. That the City Council hereby declares that a public
16 heraing on the proposed reorganization was held on 3une 5, 1984-,
17 and at that hearing, all interested parties were heard.
18 A-. That the territory proposed to be annexed to the City is
19 uninhabited territory as defined by Section 35038 of the
20 Government Code and is contiguous to the boundaries of the City.
21 5. That the aforementioned uninhabited territory included
22 in the proposed reorganization is hereby designated and shall
23 hereafter be known as the Batiquitos Pointe Reorganization.
24 6. That upon completion of said reorganzation all of the
25 property included therein shall be taxed accordingly with the
26 other property within the City of Carlsbad to pay the bonded
27 indebtedness and any and all general indebtedness of the City of
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Carlsbad contracted prior to, or existing or outstanding at the
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,0 408
time of, the aforesaid proposed annexation of said described
property.
7. That all requirements of law necessary to the adoption
of this resolution approving the reorganization of certain
uninhabited territory pursuant to the provisions of the Municipal
Organization Act of 1977, and the District Reorganization Act of
1965, have been complied with.
8. That it does hereby approve the annexation to the City
of Carlsbad and the detachment from the Leucadia County Water
District, Encinitas Fire Protection District, and County Service
Areas No. 17 and No. 83 of that certain real property located in
the County of San Diego, State of California, designated as the
Batiquitos Pointe Reorganzation and more particularly described
on Exhibit "A" attached hereto and made a part hereof.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council on the 5th day of June , 198^,
by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Prescott
NOES: None
ABSENT: None
<- 7MARY H.CASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City (lerk
(SEAL)
c 409
RO83-20 "Batiquitos Pointe Reorganization" (City of Carlsbad)
All that portion of Sections 28,29,32 and 33, Township 12 South,
Range 4 West, San Bernardino Base and Meridian, in the County of
San Diego, State of California, according to United States
Government Survey, lying within the following described boundaries:
Beginning at the intersection of the easterly prolongation of the
northerly line of the South two-thirds of Lot 4 (Southeast Quarter
of the Southeast Quarter) of said Section 29 with the northeasterly
line of the Atchison Topeka and Santa Fe Railway Company right-of-way,
200.00 feet wide, said point being an angle point in the boundary
of the City of Carlsbad as established by their Ordinance No. 1122,
adopted July 21, 1970, by said City;
1. thence southeasterly along said northeasterly line to the
east-west center line of Section 33, said Township and Range;
2. thence westerly along said east-west center line to the
southwesterly line of said 200.00 foot railway right-of-way;
3. thence southeasterly along said southwesterly line to a point
distant thereon 2,939.21 feet southeasterly from the northerly
line of said Section 33, being also a point in the center line
of a channel as described in deed to W. D. Cannon, recorded
July 6, 1955 in Book 5705, page 55 of Official Records;
4. thence along said center line as follows:
A. south 46° 04' west, 202.96 feet (record - 204.03 feet);
B. south 71° 52' west, 195.12 feet;
C. north 74° 34' west, 244.37 feet to the northeasterly line
of State Highway XI-SD-2-B (formerly U.S. 101 as located
in July 1955) map on file in the Office of the State
Division of Highways of said county;
5. thence northwesterly along said northeasterly line to the
east-west center line of said Section 33;
6. thence westerly along said east-west center line to the mean
high tide line of the Pacific Ocean, said point being an angle
point in the boundary of the City of Carlsbad as established by
their Ordinance No. 1084, adopted November 5, 1963, by said
city;
7. then northwesterly along said city boundary and mean high tide
line to an intersection with the southwesterly extension of the
southerly lot line of Lot 6 of said Section 33 shown on Record
of Survey Map No. 6561, filed in the County Recorder's Office
of said county, being also an angle point in the boundary of
the City of Carlsbad as established by their Ordinance No. 1141,
adopted December 7, 1971, by said city;
Exhibit "A"
Page 1 of 3
/-^. R083-20 W " •**" W1
8. thence along said city boundary as follows:
A. north 60°21'05" east 204.96 feet along said southwesterly
extension and southerly lot line to an intersection with
the westerly line of said State Highway, as described in
deeds to the State of California, recorded July 23, 1926,
in Book 1258, page 1 of 'deeds, records of said county
and April 9, 1935, in Book 393, page 200 and April 9, 1935,
in Book 358, page 451 of official records of said county;
B. north 60°21'05" east, 270.03 feet to a point in the north-
easterly line of said State Highway as described as Parcel
No. 2851 in deed from John M. Metcalf, et. al. to the State
of California, recorded on June 23, 1954, in Book 5130,
page 473, of official records of said county;
C. north 17°31' west, 823.25 feet along said northeasterly
line to an angle point in the boundary of the City of
Carlsbad as established by said Ordinance No. 1084;
9. thence generally northwesterly, northerly, westerly and north-
westerly along said northeasterly line and city boundary to the
southerly line of County Road Survey No. 339 (Ponto Drive)
map on file in the County Engineers Office of said county;
10. thence south 89°49' east along the southerly line of said Road
Survey No. 339 to the Easterly line of the ABANDONED portion
of the Atchison Topeka and Santa Fe Railway Company's right-
of-way across the said south two-thirds of said Lot 4, as shown
on Record of Survey Map No. 682 filed in the Recorder's Office
of said county;
11. thence along said easterly line of said railway right-of-way
north 4°40'18" west to an intersection with the southwesterly
line of the existing 200 foot Atchison Topeka and. Santa Fe
Railway right-of-way, as shown on State Board of Equalization
Map 804-37-9K on file in the Assessor's Office of said county;
12. thence north 21°08'18" west along said southwesterly line to
an intersection with said northerly line of the southerly
two-thirds of said Lot 4;
13. thence along said northerly line south 89°49'50" east to the
point of beginning.
iw: jc
1/30/84
LAFCC
Exhibit "A"
Page 2 of 3
7
c 4n o'/RO83--20 "Batiquitos Pointe Reorganization" (City of Carlsbad)
Detachment from Encinitas Fire Protection District
All that portion of Lot 20 of Section 33, Township 12 south, Range 4
west, San Bernardino Base and Meridian, in the County of San Diego,
State of California, according to United States Government Survey,
lying within the following described boundaries:
Beginning at the intersection of the easterly prolongation of the
northly line of the south two-thirds of Lot 4 (southeast Quarter of
the southeast Quarter of Section 29, Township 12 south, Range 4 west
with the northeasterly line of the Atchison, Topeka and Santa Fe
Railway Company right-of-way, 200.00 feet wide, said point being an
angle point in the boundary of the City of Carlsbad as established
by their Ordinance No. 1122, adopted July 21, 1970, by said city;
1. thence southeasterly along said northeasterly line to the
east-west center line of Section 33, said Township and Range;
2. thence westerly along said east-west center line to the
southwesterly line of said 200.00 foot railway right-of-way,
and the true point of beginning;
3. thence southeasterly along said southwesterly line to a point
distant thereon 2,939.21 feet southeasterly from the northerly
line of said Section 33, being also a point in the center line
of a channel as described in deed to W.D. Cannon, recorded
July 6, 1955 in Book 5705, page 55 of Official Records;
4. thence along said center line as follows:
A. south 46°04' west, 202.96 feet (record-204.03 feet);
B. south 71°52' west, 195.12 feet;
C. north 74°34' west, 244.37 feet to the northeasterly line
of State Highway XI-SD-2-B (formerly U.S. 101 as located
in July 1955) map on file in the Office of the State
Division of Highways of said County;
5. thence northwesterly along said northeasterly line to the east-
west center line of said Section 33;
6. thence easterly along said east-west center line to the true
point of beginning.
Approved by tht Local Agency Formation
Commission of San Diego
APR - 2 1984
iw:jc e
4/9/84LAFCO Executive Officer of said Commission
Exhibit "A"
Page 3 of 3
DATE:S-/8-84-
;CALE:
".R.A. PAGE:
3RAWN BY:
MAPPING DIVISION
SAN DIEGO COUNTY ASSESSOR'S OFFICE
, TO
e. IT"/ OF
LAFCO:ft 083-20
AREA:50.53
: Zt4-l~7t
-OlO
THOMAS BROS:/9-CS
POR. 20
SEC.33ITI2S,R4W,SBB^M
MAPPING DIVISION
SAN DIEGO COUNTY ASSESSOR'S OFFICE
3--2-S4-
414
STATE OF CALIFORNIA, )
COUNTY OF SAN DIEGO ) ss.
Deputy
I.KAREN R. KUNDTZ/ , City Clerk of the City of Carlsbad, County of San Diego, State- of California,
hereby certify that I have compared the foregoing copy with the original Resolution$7623 passed and
adopted by said City Council, at a.regular. meeting thereof, at the time and by the vote therein
stated, which original Resolution ls now on file in my office: that the same contains a hill, true
and correct transcript therefrom and of the whole thereof.
Witness my hand and the seal of said City of Carlsbad, this 12th day of .June,. 198.4
SKAL!
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RESOLUTION NO. 7623
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, APPROVING A REORGANIZATION INVOLVING
ANNEXATION TO THE CITY OF CARLSBAD, DETACHMENT FROM
THE LEUCADIA COUNTY WATER DISTRICT, ENCINITAS FIRE
PROTECTION DISTRICT, AND COUNTY SERVICES AREAS NO. 17
(SAN DIEGUITO PARAMEDICS) AND NO. 83 (SAN DIEGUITO
LOCAL PARKS). (BATIQUITOS POINTE REORGANIZATION.
WHEREAS, an application for approval of a proposal for the
initiation of proceedings for the reorganization of territory
hereinafter indentified and described as Batiquitos Pointe
Reorganization to the City of Carlsbad, County of San Diego,
State of California, was filed with the Local Agency Formation
Commission Reference No. RO 83-20; and
WHEREAS, a resolution of the said Local Agency Formation
Commission, after a hearing held in the manner required by law,
was duly passed and adopted on the 2nd day of April, 1984,
approving the application for reorganization of the territory
hereinafter described by metes and bounds; and
WHEREAS, said resolution provided that said reorganization
was approved following notice and hearing and further provided
that the City Council of the City of Carlsbad was authorized to
annex said territory following notice and hearing by said
Council ;
WHEREAS, a written petition containing the required
signatures and a description of the uninhabited territory
hereinafter described has been presented to the Local Agency
Formation Commission requesting reorganization under the
Municipal Organization Act of 1977; and the District
Reorganization Act of 1965; and
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WHEREAS, said petition was certified sufficient by the
Executive Officer of LAFCO on 3anuary 26, 1984;
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 detached from the Leucadia County Water
District, Encinitas Fire Protection District, and County Service
Areas No, 17 and No. 83, that said petition is signed by the
owners of not less than 25% of the land in the territory by area
and by assessed value as shown on the latest 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 a public
heraing on the proposed reorganization was held on June 5, 1984,
and at that hearing, all interested parties were heard.
4. That the territory proposed to be annexed to the City is
uninhabited territory as defined by Section 35038 of the
Government Code and is contiguous to the boundaries of the City.
5. That the aforementioned uninhabited territory included
in the proposed reorganization is hereby designated and shall
hereafter be known as the Batiquitos Pointe Reorganization.
6. That upon completion of said reorganzation 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
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time of, the aforesaid proposed annexation of said described
property.
7, That all requirements of law necessary to the adoption
of this resolution approving the reorganization of certain
uninhabited territory pursuant to the provisions of the Municipal
Organization Act of 1977, and the District Reorganization Act of
1965, have been complied with.
8, That it does hereby approve the annexation to the City
of Carlsbad and the detachment from the Leucadia County Water
District, Encinitas Fire Protection District, and County Service
Areas No, 17 and No, 83 of that certain real property located in
the County of San Diego, State of California, designated as the
Batiquitos Pointe Reorganzation and more particularly described
on Exhibit "A" attached hereto and made a part hereof.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council on the 5th day of JUne , 1983,
by the following vote, to wit:
AYES : Council Wnbrs Casler, Lewis, Kulckin, Chick and Prescott
NOES: None
ABSENT:
ATTEST:
( SEAL 1
5-
R083-20 "Batiquitos Pointe Reorganization" (City of Carlsbad)
All that portion of Sections 28,29,32-and 33, Township 12 South,
Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States
Government Survey, lying within the following described boundaries:
Beginning at the intersection of the easterly prolongation of the
northerly line of the South two-thirds of Lot 4 (Southeast Quarter
of the Southeast Quarter) of said Section 29 with the northeasterly
line of the Atchison Topeka and Santa Fe Railway Company right-of-way,
200.00 feet wide, said point being an angle point in the boundary
of the City of Carlsbad as established by their Ordinance No. 1122,
adopted July 21, 1970, by said City;
1.
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6.
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thence southeasterly along said northeasterly line to the
east-west center line of Section 33, said Township and Range:
thence westerly along said east-west center line to the
southwesterly line of said 200.00 foot railway right-of-way;
thence southeasterly along said southwesterly line to a point
distant thereon 2,939.21 feet southeasterly from the northerly
line of said Section 33, being also a point in the center line of a channel as described in deed to W. D. Cannon, recorded July 6, 1955 in Book 5705, page 55 of Official Records;
thence along said center line as follows:
A. south 46" 04' west, 202.96 feet (record - 204.03 feet);
B- south 71" 52' west, 195.12 feet;
C, north 74" 34' west, 244.37 feet to the northeasterly line
of State Highway XI-SD-2-B {formerly U.S. 101 as located
in July 1955) map on file in the Office of the State Civision of Highways of said county;
thence northwesterly along said northeasterly line to the east-west center line of said Section 33;
thence westerly along said east-west center line to the mean high tide line of the Pacific Ocean, said point being an angle point in the boundary of the City of Carlsbad as established by
their Ordinance No. 1084, adopted November 5, 1963, by said
city;
then northwesterly along said city boundary and mean high tide
line to an intersection with the southwesterly extension of the southerly lot line of Lot 6 of said Section 33 shown on Record
of Survey Map No. 6561, filed in the County Recorder's Office of said county, being also an angle point in the boundary of
the City of Carlsbad as established by their Ordinance No. 1141,
adopted December 7, 1971, by said city;
Cx hi b i t 'I A"
Page 1 of 3
R083-20
8. thence along said city boundary as follows:
A. north 60°21'05" east 204.96 feet along said southwesterly extension and southerly lot line to an intersection with
the westerly line of said State Highway, as described in
deeds to the State of California, recorded July 23, 1926,
in Book 1258, page 1 of*deeds, records of said county and April 9, 1935, in Book 393, page 200 and April 9, 1935,
in Book 358, page 451 of official records of said county;
B. north 60'21'05" east, 270.03 feet to a point in the north- easterly line of said State Highway as described as Parcel
No. 2851 in deed from John M. Metcalf, et. al. to the State
of California, recorded on June 23, 1954, in Book 5130,
page 473, of official records of said county;
C. north 17'31' west, 823.25 feet along said northeasterly line to an angle point in the boundary of the City of Carlsbad as established by said Ordinance No. 1084;
9. thence generally northwesterly, northerly, westerly and north- westerly along said northeasterly line and city boundary to the
southerly line of County Road Survey No. 339 (Ponto Drive)
map on file in the County Engineers Office of said county;
10. thence south 89'49' east along the southerly line of said Road
Survey No. 339 to the Easterly line of the ABANDONED portion of the Atchison Topeka and Santa Fe Railway Company's right-
of-way across the said south two-thirds of said Lot 4, as shown
on Record of Survey Map No. 682 filed in the Recorder's Office
of said county;
11. thence along said easterly line of said railway right-of-way north 4O40'18" west to an intersection with the southwesterly line of the existing 200 foot Atchison Topeka and.Santa Fe
Railway right-of-way, as shown on State Board of Equalization
Map 804-37-9K on file in the Assessor's Office of said county;
12. thence north 21°08'18" west along said southwesterly line to
an intersection with said northerly line of the southerly two-thirds of said Lot 4;
13. thence along said northerly line south 89"49'50" east to the point of beginning.
iw: jc 1/30/84
LAFCC
Exhibit "A"
Page 2 of 3 7
R083-20 "Batiquitos POinte Reorganization" (City of Carlsbad)
Detachment from Encinitas Fire Protection District
~11 that portion Of Lot 20 of Section 33, Township 12 south, Range 4 west, San Bernardino Base and 14eridian, in the County of San Diego, State of California, according to United States Government Survey, lying within the following described boundaries:
by
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Beginning at the intersection of the easterly prolongation of the
northly line of the south two-thirds of Lot 4 (southeast Quarter of
the southeast Quarter of Section 29, Township 12 south, Range 4 west
with the northeasterly line of the Atchison, Topeka and Santa Fe
Railway Company right-of-way, 200.00 feet wide, said point being an
angle point in the boundary of the City of Carlsbad as established
their Ordinance No. 1122, adopted July 21, 1970, by said city;
thence southeasterly along said northeasterly line to the
east-west center line of Section 33, said Township and Range;
thence westerly along said east-west center line to the
southwesterly line of said 200.00 foot railway right-of-way, and the true point of beginning;
thence southeasterly along said southwesterly line to a point
distant thereon 2,939.21 feet southeasterly from the northerly
line of said Section 33, being also a point in the center line
of a channel as described in deed to W.D. Cannon, recorded July 6, 1955 in Book 5705, page 55 of Official Records;
thence along said center line as follows:
A. south 46'04' west, 202.96 feet (record-204.03 feet);
B. south 71'52' west, 195.12 feet;
C. north 74'34' west, 244.37 feet to the northeasterly line
of State Highway XI-SD-2-B (formerly U.S. IO1 as located
in July 1955) map on file in the Office of the State
Division of Highways of said County;
thence northwesterly along said northeasterly line to the east- west center line of said Section 33;
thence easterly along said east-west center line to the true
point of beginning.
:iw: jc
4/9/84
LAFCO
Approved by the Local Agency Formation
Commission of San Diego
APR - 2 5984
Executive Officer of said Commission
Exhibit "A"
Page 3 of 3