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Home My WebLink About1970-12-16; Municipal Water District; Resolution 259RESOLUTION NO. 259 -- I A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT ORDERING THE DETACJiIMENT OF CERTAIN TERRITORY DESIGNATED LA COSTA DETACHMENT FROM THE CARLSBAD MUNICIPAL WATER DISTRICT PURSUANT TO SECTION 56322 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA (LA COSTA DETACHMENT) 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: I I (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 detachment of ' the territory described herein by filing with the Local Agency Formation Commission of the County of San Diego, Resolution No. 244 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 detached herein' is Detachment No. 5, and the distinctive short form de- signation assigned by the Board of Directors of Carlsbad i Municipal Water District is La Costa Detachment, and a description of the exterior boundaries of the territory I proposed to be detached is attached hereto as Exhibit "A"1 and made a part hereof. (d) The territory proposed to be annexed is unin- habited. I (e) The reasons for the proposed detachment are: 1. That the land is currently within the bound- aries of the Olivenhain Municipal Water District and can be best served with water -1- I -.- A from the Olivenhain Municipal Water Dis- trict. 2. The detachment of said land will be for the best interests of the District. 3. The detachment of said land will be for the best interests of the land and the owners thereof. (f) The terms and conditions of the proposed detach- ment are : 1. The payment by La Costa Land Company of all costs of said detachment, including, but not limited to advertising, engineering and at- torney's fees. (9) The San Diego County Water Authority has consented to said detachment by appropriate resolution adopted Decem- ber 10, 1970, as Resolution No, 1191. (h) The Board of Directors of Carlsbad Municipal Water District adopted Resolution No. 258 and in said Resolution did fix Wednesday, the 16th day of December, 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 detachment. (1) That the Secretary of the Carlsbad Municipal Water District gave notice of said hearing by posting and publi- cation of notice of said hearing and the affidavit of post- ing and the affidavit of publication are on file with the Secretary, and that said Secretary of the Carlsbad Munici- pal Water District gave notice by mail of such hearing pur- suant to Sections 56087 to 56089, inclusive, of the Government Code. 2, That at the time and place fixed for the hearing on said detachment, no person appeared objecting to the detachment of the territory described in Exhibit "A" attached hereto and made a part hereof, and that no written protests thereto were filed. -2 - 3. The Board of Directors specifically find and deter- mine that the territory to be detached is uninhabited and that written protests were not filed representing more than ten per cent (10%) of the number of landowners within such territory 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 detachment fee, if any, as required by the Board of Directors. 5. The Board of Directors of Carlsbad Municipal Water District determine that all of the land described in said Resolu- tion No. 244 and Resolution No. 258 of the Board of Directors of Carlsbad Municipal Water District and Exhibit "A" of this Resolution shall be excluded or detached from Carlsbad Municipal Water District. 6. The Board of Directors of Carlsbad Mupicipal Water Dis- trict determines that the proceedings had for the detachment and exclusion herein and above referred to were genuine and sufficient and in all respects complied with the District Reorganization Act of 1965, commencing with Section 56000 of the Government Code of the State of California. - 7. The detachment of the territory described in Exhibit "A" attached hereto to the Carlsbad Municipal Water District, subject to the terms and conditions as stated in said Resolution No. 258, is hereby ratified, confirmed, approved and ordered, and said de- tachment is granted subject to the terms and conditions as set forth in said Resolution No. 258 which are as follows: (a) The payment by La Costa Land Company of all costs of said detachment, including, but not limited to advertising, engineering and at- ,_-- torney' s fees a 8. The Board of Directors of Carlsbad Municipal Water Dis- trict does hereby order the detachment of all of the land described in Exhibit "A" attached hereto and made a part of this Resolution. 9, The boundaries of the territory so detached from Carlsbad -3- Municipal Water District are more particularly described as set forth in Exhibit "A" attached hereto and made a part of this Resolution. 10. The Board of Directors of Carlsbad Municipal Water District finds and determines that the area proposed to be de- - tached from Carlsbad Municipal Water District will be benefited thereby and that Carlsbad Municipal Water District from which the area proposed to be detached will not be injured thereby. 11. The Secretary of the Carlsbad Municipal Water District 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 California, commencing with Section 56450 through 56457, inclusive. (b) Transmit to and file with the County Assessor of the County of San Diego and the Board of Equalization of the State of California certified copies of this Resolution and description of the boundaries of the territory so detached from 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 16th day of December, 1970. President of Carlsbad Municipal Water District and of the Board of Directors thereof. ,- ATTEST : r- ... 2 I W, D. CARMICHAEL ' 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 Directors __ 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 16th day of December, 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. -5- . .. 7. -- . i' ,I .. t , .#:. , I ..' ' 1.- .. .. b All that rcal property situated within the County of San Diego, Sta'te Of .. .. .. *. .' . ' ,I ..' California, bounded . .' and described in Porccls 1 and 2 as follows: .. '. . .. .. 0 .. .. ... . ** .. .*' ?ARCEL 1: . .. ,, 0. a. .. . . ..* '. . Commencing at the intersection of the Westerly line of Section 36, *. '. , . : . . '. Township ,12 South, knge 4 West, San Dcrnardino Ease and Xeridian, and . .. . . .- .. the Southerly Right of Way line of LA COSTA AVENLJE, as shown on the Hap filed in thc Office of thc County Recorder of said San Diego County June 3, 1968, being also a point on the connon boundary of the Olivenhatn -Municipal Water District and the Carlsbad Xunicipal Water District; thence . . - along said. coimon boundary, being along said Westerly line of Section 36 .. . . . ' . 1. South 0'34'20" West 441.26 fee't'to the TRUE POINT OF BEGIhJISG; .2. Thence leaving said Westerly line of Section 36 and said coiqon i boundary of the Olivenhain Municipal Water. District and the .! Carlsbad Municipa1,Water District, North 77'~50'10"'East 432.94 . . 0: LA COSTA SOUTH - UXIT 3.d. 1, according to the Map thereof No. 6117, .. -. . ..: .*- . . . : .. .. 1 .. ..' . .. .. .. qs follows: .. 1. . .: , .I .. a. .. .. .. a. .. .. ' -. . ; . feet; .. .. 3. 4, Thence Xorth 89'00'48" East 95.00 feet;. Thence South 79'59'19" East 158.00 feet; .. , .- . .. ' S.' Thence South 74'30'28" East 79.00 feet; *' . .. .: . .. _. .' . .:6. . .7. Thence .along the boundary of said 'Lot 185 8s follds: .. Thence South 56'54'49" East 83.86'feet to an-angle point .in the .. .. . Westerly boundary of Lot 185 of said Map No. 6117; , .. .. .. .. '. .. South SI.055'54" "cast 228.45 feet; '.. .. .* . .* . .. . 8. North.46'05'36" East.215.51 feet; , . . . .. .. .. .. # a. .:- : .. .. ' . 9.. North 59'13'55" East 101.37 feet; '' .. . .. '10. :North 66'44'27" EaGt 194.36 feet';, . .' - .. .. 'I . .. ..: .. '. . 11. Korth 41'14'56" East .168.10 feet; and. . ... :' .. . 12. North 84°05*04" East 94.13 feet. t? an.angle point,in said boundary of Lot 185 being also a point in the Xortherly bound- -' '.. . ary of .Lot 158 of'said Ma? Xo. 6117; thence along the boundaries . * of Lots 158, 159, 179, 178, 175, a.nd 174 of said Map No. 6117 as I' . *. .. .#' '1 9:. . .. , '. . '0- . . : . !a?* ., .; . 'I , . '*. .. . ' *- , ... . . . .. .. .. . .. . : .. . follows ; .. . .. .' .. . et a. . -. * ... '. 13. Continuing Xorth 84'05'04'' East 90.83.feet; . ! .. . .' .. .- . .. . .* ... . ... .< La.. .I . '* - .. .n .- 14. . South 54°52'1011 East 143.05 feet; .,. i,' .. .. .. - - * . G. South 2°50'48't West 197.37 feet; -. I. . .. '.* . : .. .. .. . I .. -. 16. South 44'45'5118 East 171.83 -feet; .. I 17. South 10°33'59" East 153.20 feet;.and t .. .. i8. - South 83'54'24" East 131.05 feet to the Southeast corner 03 said e . Lot 174, being also a-point on the Westerly Right of Way line of MfLVA CASTILIA WAY, as shown on said Map KO. 6117; I -1- ; . . .a. , . so . . ,. *. . ._ . -. Exhi bit "4"' . I. . . . . ,. ,.. .. .- - 19. Thence Southeasterly along a straight line to the Southwcst cornef , "' ., .'. ' I '. * & ..* of Lot.70 of said Nap No. 6117; thence along the boundaries of .. * ... .. Lots 70, 69, 68, 67, 66, 65, and 64 of said ?4ap No. 6117 as follows:,.. I. .. :. '. , ........ t :. e. ..... ... a. . .. .. .... .. .. I .. . * '. 1 ' .. .*. ,. . . -. :. '! .' .' I' 201 Souiii 85'38'15'' East 132'.13 feet;. .. .. .. .* .. ., '?. .... .. .. .21. ','North. .11"44'47" East 208.49 feet; .. * . I .. 1 't *. .* I .. .. .. C. * .. '; * ..... ... c ' + .'* ..'; '*.'. ., .: ' .. . . 22; .h'0rth..19'02'54~' East' 70.52 feet; and ... .... I .. ' . .. .. ..a. 1. .. .. *.. .. \' ' . . ,. 23. North 24'24'.54" East 212.99 feet to the most Easterly corner of ....... ... , . said'Lot 64, being also the most Northerly corner bf Lot 79 of .. t. said Map No. 6117, and also being a point on the arc of a non- tangent 1558.00 ioot radius curve, concave Southwesterly, a radial '. line to'said point bears North 24'24'54" East; thence alon~ the .. .. .. .. .' ..I . : -. .. ' . said Map No. 6117 as follows; ' 24. - .: '. boundaries of Lots 79, 80, 83, 84, 85, 86; 87, 88, 89, and 9O'of ' .. ,. ... .. .. .. .* . Southeasterly, along the arc of said 1558.00 foot radius curve, b through a central'angle of 16027'23", a distance of 447.40 feet; .. v . .. 25. 26. South 49607t431r East 527.50 feet; Southeasterly, aJong the arc of a .tangent. 802.00 foot radius curve, concave h'ortheasterly, through a ceritral angle of 8'09 '42", a distance of 114.24 feet to the most Easterly corner of said Lot . .* '. . f * b .... .. ! .. .. 90; .. .: .. .. .. 27. Thence leavipg the boundary of said Map No.' 6117, continuing .- e. Southeasterly; along.the arc of said 802.00 foot radius curve, ** I ' 0 . ,; . through a central angle of 15'47'15", a distance of 220.99 'r'eet; .' ... .. ... .. -. - . ':28' Thence South 3°O0100'' East 180.00 feet, 'more or less, to.the East-West center line of the South One-Half of said Section 36, I. * . -. .. _. . : . befng a point on the comon boundary of the Olivenhain Xunicipal ... ... . ... . Water District' and the Carlsbad Municipal Water District; .. ...I ,. .. ... . : .. i' . ' , ... .;29. Thence Westerly, along said East-West center line of the Sou:h ' One-Half of Section 36, and-alang said coCNnon boundary, to the .. I 'i .. .. ._. . .. ~ .i Yesterly line of said SBction 36; , .. r. . -. .. ... . 30. Thence along said k'esterly Zine, and Continuing along' the bound- .. ary Of said Olivcnhain Xunicipal Water District and the Carlsbad Xunicipal Water aistrict, North 0°34'.20" Ea,st 762.81 feet to the . '.. , . .. ... '. .. .. .. .- TRUE POIhT OF BEGIIWING. ,..I .. , .. .... .. . * ' PAXCEL 2: . : r-. .. ... _. . W'. .. ,. . ., , . .. .. - ... .. Cormencing at the intersection of the Easterly line of'section 36, Town- ' . East-Wesi center line of the South-One-Half of said Section 36, being also' * ' . . ,. '$hi? 12 South, Range 4 West;; San Bernardino Base and Meridian, and the ' . an angle point in the cormon boundary of, the Olivenhain Xunicipal Water .. District and the Carlsbad Xunicipal Water District; - '. . .. .. '1. Thence along said East-West center line, 'and along said con?;on . ' . boundary, North 89"19'19" West 444.19 feet to the TXUE POIhi Or" BEGIhMNC. ... Thence continuing along said East-West center line, and along said . cotinon boundary,.Korth 89'19'19" West 877.26 feet; 1 0 .. '2.' . 1 . *a .'3. Thence Zeaving'said East-West center line and said com~on boundary I of the Olivenhain Municipal Water District and the Carlsbad Xunici- . I pal Water *District, North 11°03'00'i West 76.08 feet; .. . .*. . ... .. *. . .. ! .... ...... ..... .. *..Z . -- - 2.- , . *. .. ... : a. : .. -. Exhibit "A" . ... ._ ..( I. c -. ,? . -. Exhibit “Av