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Home My WebLink About1970-08-05; Municipal Water District; Resolution 253. RESOLUTION NO. 253 A RESOLUTION OF THE BOARD OF DIWCTORS OF CARLSBAD MUNICIPAL WATER DISTRICT ORDERING THE ANNEXATION OF CERTAIN TERRITORY DESIGNATED RANCHO LA COSTA ANNEXATION TO THE CARLSBAD MUNICIPAL WATER DISTRICT PURSUANT TO SECTION 56320 OF THE WATER CODE OF THE STATE OF CALIFORNIA THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: 1. The following facts are hereby found and determined to be true: (a) That proceedings were initiated by the Board of Directors of the Carlsbad Municipal Water District pursuant to Section 56310 of the Government Code of the State of California. (b) That the Carlsbad Municipal Water District com- menced the preliminary proceedings for the annexation of the territory described herein by filing with the Local Agency Formation Commission of the County of San Diego, Resolution No. 243 of the Board of Directors of the Carlsbad Municipal Water District adopted August 20, 1969. (c) The distinctive short form designation assigned by the Local Agency Formation Commission of the County of San Diego to the territory proposed to be annexed herein is Rancho La Costa Annexation, and a description of the exterior boundaries of the territory proposed to be annexed is attached hereto and made a part hereof. (d) The territory proposed to be annexed is unin- habited. (e) The reasons for the proposed annexation are: (1) That the land is currently within the boundaries of the Olivenhain Municipal Water District and can best be served with water from the Carlsbad Municipal Water District: -1- (f) The terms and conditions of the proposed annexation are: (1) The payment by La Costa Land Company of all costs of said annexation, in- cluding, but not limited to advertising, engineering and attorney's fees, (2) The territory to be annexed shall be included in Improvement Districts 1, 2 and 4 of the Carlsbad Municipal Water District , (9) The Board of Directors of Carlsbad Municipal Water District adopted Resolution No, 250 and in said Resolution did fix Wednesday, the 5th day of August, 1970, at the hour of 2:OO o'clock P.M. at the Board Room of the Carlsbad Municipal Water District as the time and place for a public hearing on the proposed annexation, (h) That the Secretary of the Carlsbad Municipal Water District gave notice of said hearing by publication of notice of said hearing and the affidavit of publi- cation is on file with the Secretary, and that said Secretary of the Carlsbad Municipal Water District gave notice by mail of such hearing pursuant to Sections 56087 to 56089, inclusive, of the Government Code. 2. That at the time and place fixed for the hearing on said annexation, no person appeared objecting to the annexation of the territory described in Exhibit "A" attached hereto and made a part hereof, and that no written protests thereto were filed. 3. The Board of Directors specifically find and deter- mine that the territory to be annexed is uninhabited and that written protests were not filed representing more than ten per cent (10%) of the number of landowners within such territory - 2- owning not more than ten per cent (10%) of the assessed value of lands therein. 4. That there has been paid to the Carlsbad Municipal Water District all charges and expenses including annexation fee, if any, as required by the Board of Directors. 5. The annexation of the territory described in Ex- hibit "A" attached hereto to the Carlsbad Municipal Water District subject to the terms and conditions as stated in said Resolution No. 250 is hereby ratified, confirmed, approved and ordered, and said petition is granted subject to the terms and conditions as set forth in said Resolution No. 250 which are as follows: (a) The payment by La Costa Land Company of all costs of said annexation, including, but not limited to advertising, engineering and attorney's fees. (b) The territory to be annexed shall be included in Improvement Districts 1, 2 and 4 of the Carlsbad Municipal Water District. 6. The boundaries of the territory so annexed to Carlsbad Municipal Water District are more particularly des- cribed as set forth in Exhibit "A" attached hereto and made a part of this Resolution. 7. The Board of Directors of Carlsbad Municipal Water District finds and determines that the area proposed to be annexed to Carlsbad Municipal Water District will be benefited thereby and that Carlsbad Municipal Water District to which the area proposed to be annexed will be benefited by said annexation and will not be injured thereby. 8. The Secretary of the Carlsbad Municipal Water Dis- trict is hereby authorized and directed to: (a) Comply with the provisions of Chapter 8, Di- vision 1 of the Government Code of the State of Cali- fornia, commencing with Section 56450 through 56457, inclusive. -3- (b) Transmit to and file with the County Assessor of the County of San Diego and the Board of Equaliza- tion of the State of California certified copies of this Resolution and description of the boundaries of the territory so annexed to the Carlsbad Municipal Water District and a map depicting said boundaries all in compliance with Sections 54900, et seq., of the Government Code of the State of California. ADOPTED, SIGNED AND APPROVED this 5th day of August, 1970. e&- FRED W. ,@, RKLE President of(dr1sbad Municipal Water District and of the Board of Directors thereof. ATTEST : Secretary of Carlsbad Municipal Water District and of the Board of Directors thereof. -4- .. STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 1 ss I, W, D. CARMICHAEL, Secretary of the Board of Di- rectors of CARLSBAD MUNICIPAL WATER DISTRICT, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT at a regular meeting of said Board held on the 5th day of August, 1970, and that it was so adopted by the following vote: AYES : Directors : Carmichael, Kelly, McLeod, Maerkle and Palmer. NOES : Directors: None. ABSENT: Directors: None Secretary of Carlsbad Municipal Water District and of the Board of Directors thereof. (seal) STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 1 ss I, W,' D, CARMICHAEL, Secretary of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Re- solution No, 253 of said Board, and that the same has not been amended or repealed, Dated: August 5, 1970. W, D. CARMICHAEL Secretary of Carlsbad Municipal Water District and of the Board of Directors thereof. -5- .. . .. .. , All that real property situated within the County of San Diego, State of , *. . .. ' California, bounded and described in Parcels 1, .2, 3, and 4 as follows: 4 ... PASCEL 1: Beginning at the intersection of the Easterly line of Section 36, Township 12 South, Range 4 West, San Bernardino Ease and Meridian, and the East-West center line of the South,Ohe-Half of said Section 36, being also an angle point in the common bqundary of the Olivenhain Municipal Water District and the Carlsbad Municipal Water District; ,. __ ., .. .. 9 .. 1, . . '. : 1134.95 feet; Thence leaving said common boundary of the Olivenhain Municipal along said Easterly line of Section 36, South O'~lO'OO1f East Thence leaving said'Ea.sterly line of Section 36, North 89'17'26" . Water Dist,rict and., the Carlsbad Municipal Water District, and '$ .. .. ,I .:2. i West 117.54 feet; I. .- I -3. Thence North 19'43'16" East 128.32 fqet; 4. Thence North 10'44'21" West 59.04 feet; . 5. Thence North'24036'12" West 126.66 feet; . ' ., .> .*. .. < 6. Thence North 10'35'34" West' 391.67 feet; .. .. .. '1 .i - . '7. Thence North 23'29'56" West 125.40 feet; .& -1 .. .. . .. '. ,. .8. Thence North 32'10'32"West 178.40 Get; . I. 9. : : Thence North 37'40'16" West 15.09, feet, more or less, to said ' East-West center line of the S'outh.One-Half of Sect.ion 36, being a.lso a point on the common boundary of the Olivenhain Municipal Water District and the Carlsbad Municipal Water District; . 10. Thence along said East-West center line, and along said common boundary of the Olivenhain Kunicipal Water District and the Carlsbad Hunicipal Water District, South 89'19'19" East 444.19 feet to the POINT OF BEGINNING. _PARCEL 2: . Commencing at the intersection of the Easterly line of Section 36, Township ' . 12 South, Range 4 West, San Bernardino Base and Meridian, and the East-West kenter line of the South One-Half of said Section 36, being also an angle . point in the common boundary of the Olivenhain Municipal Water District and 'the Carlsbad Municipal Water District; .. c 1. Thence along said East-West center line, and along said coinmon bound- ary, North 89'19'19" West 1321.45 feet to the TRUE P9INT OF BEGImTSG; Thence leaving said East-West center line, and said common boundary of the Olivenhain Xunicipal Water District and the Carlsbad Municipal Water District, South 11'03'00" East 398.72 feet; .,a. 2. * -1- ,. .. .. : 3. Thence South 19e53'02" East 49.98 feet; 4. Thence' South 61°23'24" West 313.25 feet; 'I , .. .. v' .. . . .. .. . . ,. .. 5.. Thence North 69"0G'14" West 117.74 feet; i. .. .. .. i 6; Thence North lO"14'40" West 253.04 feet; .. I .. I' .. .. 7., Thence North 15"01'51" West 299.57 feet;. .. i 8. i 4. ; Hunicipal Water district; Thence North 3"OO'OO" West 12.93 feet, more or less, to said East-West center line of section 36, being a point-on the common boundary of the Olivenhain Municipal Water District and the Carlsbad .. 1. 9. Thence along said East-West ,center' line, and along' said common bound- ary of the Olivenhain Municipal Water District and the Carlsbad Munic- '. , ,ipal Water District, South 89"19'19" East 414.97 feet to the TRUE POINT OF .BEGINNING. -. , I.) .. PARCEL 3: Beginning at the intersection of the Easterly line of ,fractional Section 35, Township 12 South, Range 4 West', San Bernardino Base and Meridian, and the Easc-West center line of said Fractional Section 35; being an angle point in the cornon boundary of the Olivenhain Municipal Water District and the Carls- . bad Xunicipal Water District;. 4 L . I 1.. Thence along said Easterly line of Fractional Section 35, and along the common boundary of the Olivenhain Municipal Water District and to an intersection with the center line of County Road Survey No. 1796,. . 'as described in Deed'to the County of San Diego, recorded in the Office of the County Recorder of said San Diego County May 29, 1968 as Docu- ment No. 90113 in Series 9, Book 19G8.of Official Records; Thence leaving said Easterly line and said common boundary, along said center line as follows: North 77"48'00" West 341.67 feet to . ' , the beginning of a tangent 700.00 foot radius curve, concave,South- ' I .. t , the Carlsbad Nunicipal Water District, South O"34'20" West. 75.86 feet ,a I . , :; . .I . I !. , -. -. *.! : .. , 2. i .I t .. - . ! , . .erly; ', 1 ', .. : 3. Southwesterly along the arc of said curve, through a central angle .. of 64*25'00".a distance of 787.00 feet; Tangent to said curve, South 37*47'00'' West 413.63 feet to the begin- ning of a tangent 500.00 foot radius curve, concave Eortherly; Westerly, along the arc of said *curve,. through a central angle of 47"00'00'', a distance of 410.15 feet; and I i.4. .. .. .* -. : 5. .. . ., . .' 6.0 Tangent to said curve, South 84047'00" West 540.59 feet, more or less, to an intersection with the center line of County Road Survey .. 'D No. 682, (El Camino Real) a plat of which is on file in the Office . of the County Engineer of siid, San Diego County; I .. .. ! I : 7. , Thence along said center line to a point which bears South 52"02'49" East 558.81 feet from the Easterly terminus of the common boundary line between Lots 7 and 16 in Section 35, Township 12 South, iiange 4 West San Bernardino Base and Meridian, said point being the East- erly terminus of the center line of that certain 60.00 foot wide strip of land as shown on the Map of County Road Survey No. 1796, on file in the.0ffice of the County Engineer of said San Diegp County; . 1 .I 8. , , ... !* : ,. .I ,. ' . .' , . .. ' -20, ' -. I. I .. *! .. &,I.. I .* .. . I, .. ... * : ..... 8. 0 Thcncc along said center line, South 84'47'00'' West 689.81 feet to the beginning of a tangent 1500.00 foot radius curve, concave North- erly; . Thence Westerly along the arc of said curve to its intersection with the Southerly meander line of the Salt Marsh of the Eatiquitos Lagoon, as .said meander line of the Salt Marsh is shown and depicted upon the Plat of Fractional Township 12 South, Range 4 West,, San Zernardino Base and Meridian, dated October 25, 1875, on file in the United States Surveyor General's Office, San Francisco, California , being also a point on the boundary of the Olivcnhain Municipal Water District and the Carlsbad Municipal Water Disrrict; . . '9. f ... 10. Thence Northeastdrly along said meander line and along said common boundary, to its intersection with the East-West center line of said Fractional Section 35; Thence Easterly along said East-West center line, and continuing 'along the common boundary of said Olivenhain Municipal Water District and the Carlsbad Municipal Warer District to the POINT OF BEGINNING. 11. PARCEL 4: Beginning at the intersection of the West line of Fractional Section 35, Town-' ship 12 South, Range 4 West, San Bernardino Base and Meridian, and the Southerly meander line of the Salt Marsh of the Batiquitos Lagoon, as said meander line of the Salt Marsh is shown and depicted upon the Plat of Fractional Township 12 South, Range 4 West, San Bernardino Ease and Meridian, dated October 25, 1875, on file in the United States Surveyor General's Office, San Francisco, California, being also a point on the common boundary of the Olivenhain Municipal Water Dis- 'trict and the Carlsbd Municipal Water District; 11. Thence Southeasterly along said meander line and along said coirmn' boundary to an intersection with the Northerly Right of Way line of -County Road Survey No. 1796, 60 feet wide, a plat of which is on 1 file in the Of-fice of the County Engineer of said San Diego County; .. ,. . .. .., . t 2. ,I Thence leaving said meander line and said common boundary of the Olivenhain Municipal Water District and the Carlsbad Municipal .Water District, Westerly, along said Northerly Right of Way line 'to its intersection with said Westekly line of Section 35; Thence continuing Westerly along said Northerly Right of Way line to its intersection with said meander line, being a point on the commn boundary of the Olivenhain Municipal Water District and the Carlsbad Municipal Water District; Thence Easterly, along said meander line and along said comiion bound- ary of the Olivenhain Municipal Water District and the Carlsbad Xunic- ipal Water District- to the POIhT OF BEGINNING. . :. .I i ' 30 ! .. 4 ._ ~. b . ,',I , 6. .. .. .. ." . 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