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HomeMy WebLinkAbout1956-08-01; Municipal Water District; Resolution 26RESOLUTION NO. 26 RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT INITIATING PROCF3DINGS FOR THE EXCLUSION OF UNINHABITED TERRITORY FROM TKE CARLSBAD MUNICIPAL WATER DISTRICT UNDER SECTION 27.3 OF THE MTNICIPAL WATER DISTRICT ACT OF i9u AND FIXING THE TIME AND PLACE AT WHICH THE BOARD WILL HEAR PROTESTS TO SUCH EL CLUSION. WHEREAS, certain uninhabited territory within CARLSBAD MUNICIPAL WATER DISTRICT has been annexed to the City of Oceanside and the owners thereof have ex- pressed their desire to have said territory excluded from this district, and P WHEREAS, said territory does not lie within the bourxlaries of Improvement District No. 1 and can be served with water from the City of Oceanside and can be excluded from this district without detriment or iqjury to the district. NOW, THEREFORE, IT IS RESOLVED, ORDERED, DECLARED AND STATED as follows: Section 1. That the proceedings for the exclusion of the unibited ter- ritory hereinafter described from the CARLSBAD MUNICIPAL WATER DISTRICT under the provisions of Section 27.3 of the Municipal Water Distzict Act of 19U. Section 2, That the reason for proposing such exclusion is that said telrc ritory has been annexed to the City of Oceanside and can be served by the water dis- tribution system of said city ad said territory is not located within Improvement District No. 1 of this district. Section 3. That the territory and the bodaries of the territory proposed to be excluded ore herein set forth and are described as follows: All that territory locPted within the Carlsbad Municipal dater District, Cmty of San Diego, State of California, described as follows: Parcel No. 18 1. P Beginning at the Northeasterly corner of Section 36; TU. S, RW, S.B.B. & M,; thence S 0q1t19t1 E along said Easterly Section line 1757.74' to a point of intersection in the Northwesterly right of way line of Vista Way as shown on Map of Hotaling Lands as per Map thereof No, 1717 filed in the office of the Recorder of San Diego County on the 16th day of April, 1921 (State Route 1%), said point being the TRUE POINT OF BEGINNIE; point of intersection in the Northerly line of the Northeast a of the Northeast & of the Southeast 2. thence continuing S 0"11'1918 E along said Easter& section line to a of said Section 36; 3. thence Westerly along the Northerly line of said Northeast 4 of the Northeast & of the Southeast to the Northwesterly corner thereof; 4. thence Souther along the Westerly line of the said Northeast a of the Northeast % of the Southeast '9 to a point of intersection with the northeasterly right- of-uay of State Highway Route No, 2 as shown on Plan XLsI)I.2-B & CM., Sheet 33, of the Highway Department of the State of California; thence S 32?18t38n E along the nasAheasterly right-of=way line of said State Highway Route No. 2, 323.0 feet more or less to the point of intersection with a line that bears N 57O41'22" E from the Engineer's StaWan 508-00 as shown on said plan XZSD=2-B & CM., Sheet 33; thence S 57°41'22n W along the aforementioned line 380' to a point of intersection with the Southwesterly righLof-way lfne of said State Highway Route 2 as shown on said plan XI-S2-B & CW.; 5. - 6. 7. thence N 32"18138" W along the said right-of-way line to a point of intersection with a line running parallel with and 829.06' Northerly of the Southerly line of Block 43 as shown on the South Oceanside Map No. 622, filed in the office of the County Recorder of San Diego County, California, on the 7th day of February, 1890; 8. said Block 4.8 and also being the boundary line common to the City of Oceanside and the City of Corlsbad; thence Westerly along said aforementioned line to the Westerly line of 9, thence Northerly along said Westerly line of Block 48 to a point of intersection with the Northwesterly line of Vista by as shown on Tone Tract &p No, 1952, filed in the office of the County Recorder of San Diego County, State of California, on the 3rd day of November, 1926; 10, thence Northeasterly along said Northwesterly righLof-way line to the TRUE POINT OF BFGINNING. AND Parcel No, 2: t 1, Beginning at the inbrsection of the West line of the Atchison, Topehi & S.F. Railway Right of Way and the N, line of Lot 3, Sec. 1, Tawnship 12 South, Range 5 WGst, being a point on the mutual bdary between the citiiss of Oceanside and Carb bad; thence S &1°16' E 190,73'along said Right of Way line ad said mutual baurndrury to the TRUE POINT OF BEGINNING; 39" W 235.57 feet; I 2, thence leaving said Right of Way line cud said mutual bounlary S 58?34' 3, thence S 32U22'43n E 107.05 feet; thence S 10°39' E 219.68 feet; E, thence S 39'33' E 168.12 feet to the beginning of a tangent curve, con- cave Southwesterly plnd having a radius of ll05.92 feet; 5, thence Southeasterly along the arc of said curve on arc distance of U3.38 feet; 6, thence S 49'54' W 17l,OO feet to the most Easterly corner of the lard described in the deed to Jeannette So Joy, recorded March 10, 1949 in Book 3135, p. 257 of Official Records of said San Diego County; feet, more or less to the mean high tide line of the F'acific Ocean; tion with the Westerly extension of the Southerly line of said Lot 3, Sec. 1, Township US., Range 9; 7, thence along the SE line of the lpnd so deeded, S 51°33'10n W U.4..00 thence continuing S 5l033'1OH W into the Fkcific Ocean to its intersec- 8, 7 9, thence East along said Westerly extension and along said Southerly line of said Lot 3 to the Southeast corner thereof; 10, thence N along the E line of said Lot 3 to its intersection with the Westerly line of the A.T. & S.F.R.R. rightof-way; XI., thence Northwesterly along said Westerly line to the TRUE POINT OF BEGINNING. Said territory lies within the boundary of the City of Oceanside and upon the exclusion of such uninhabited territory, no part of the corporate -ea of the City of Oceanside will be imludad within the WUSBAD MUNICIPAL WATER DISTRICT. Section 4, Any mer of property within such territory may file with the secretary of the district written protest to the exclusion of such territory at any time prior to the hour set for the hearing thereof, Section 5, That September 5, 1956, at the hour of 7r30 P.M. o'clock, is hereby fixed as the time ani the Council chamber in the Carlsbad City Hall, 2960 Pi0 Pic0 Boulevard, Carlsbad, California is hereby fixed as the place of the meeting of the Board of Directors of this district at which thkis Board will hear such protests if any to the exclusion of said property, The Secretrsry of this district is ordered and directed to cause the text of this resolution to be published in the Carlsbad Jourz?pl, a newspaper pub- lished within this district, once each week for at least two weeks, the last publica- tion to be made not less than one week nor more than four weeks before the time fixed for the hearing of protests, c- Section 6, - - ADOPTED, SIGNED AND APPROVED this 1st day of August, 19%. ATTEST: f7 President of the BO& of Direct& of Carlsbad Municid Mter Disdct % secretary of the Board of Directors of Carlsbad Municipal Water District 7 i STATE OF CALIFORNIA ) COUNTYOFWDIEGO ) 1 58, I, MAX 0. EMAID, Secretary of the Board of Directors of the cART43BA.D MUNICIPAL WATER DISTRICT, DO HEREBY CERTIFP that the foregoing resolution was duly adopted by the Board of Directors of said district and appruved by the President of said district at a regular meeting of said Board held on the lstday of August, 1956, and that it was so adopted by the following vote: AYES: DIRECTORS: FRY, WAD, KELLY, ROGERS, ZAHUR NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE f7 Water DistrS# and of the Board of Directors thereof.