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HomeMy WebLinkAbout1971-01-06; Municipal Water District; Resolution 263RESOLUTION NO. 263 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT APPLYING FOR THE CONSENT OF THE SAN DIEGO COUNTY WATER AUTHORITY TO THE EX- CLUSION OF CERTAIN TERRITORY FROM CARLSBAD MUNICIPAL WATER DISTRICT PURSUANT TO SECTION 11 OF THE COUNTY WATER AUTHORITY ACT, WHICH TERRITORY IS NOW INCOR- PORATED WITHIN THE CITY OF OCEANSIDE (NORTH CARLSBAD DETACHMENT) WHEREAS, Carlsbad Municipal Water' District and City of Oceanside are both member agencies of the San Diego County Water Authority; and WHEREAS, certain territory lying with Carlsbad Municipal Water District has heretofore been included within the corporate area of City of Oceanside; and WHEREAS, the Board of Directors of Carlsbad Municipal Water District wishes to initiate proceedings for the exclusion of said territory from Carlsbad Municipal Water District under the pro- visions of Section 11 of the County Water Authority Act in order that such exclusion from Carlsbad Municipal Water District will not - result in the exclusion of said territory from the San Diego County Water Authority; and WHEREAS, it appears to the Board of Directors of Carlsbad Municipal Water District that said territory can better be served with water by the City of Oceanside. NOW, THEREFORE, the Board of Directors of Carlsbad Municipal Water District does hereby resolve and order as follows: 1. The Board of Directors of Carlsbad Municipal Water Dis- trict hereby applies to the Board of Directors of San Diego County Water Authority for its consent to exclude said territory from Carlsbad Municipal Water District, without its exclusion from San Diego County Water Authority, and hereby requests that the terms - and conditions of such exclusion be fixed as follows: (a) The payment by City of Oceanside of all costs of said detachment, including, but -1- not limited to, advertising, engineering, and attorney's fees. 2. The boundaries of the territory proposed to be ex- - eluded from Carlsbad Municipal Water District are set forth and described in Exhibit "A" attached hereto and by this reference incorporated herein. ADOPTED, SIGNED AND APPROVED this 6th day of January, 1971. FRED W. mERKLE President of Carlsbad Municipal Water District and of the Board of Directors thereof. ATTEST: -%./'*.J f!p c y/4&&4- A/ WILLIAM D, CARMICHAEL -_ Secretary of Carlsbad Municipal Water District and of the Board of Directors thereof. -2- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 1 ss I, WILLIAM 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 6th day of January, 1971, 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 c -3- c .'C f * NORTH CARLSBAD DETACHMENT t .. ~. . . -. I Parcel 1 All *that portion of 1lotalinG Lands EIa? ;1717, !?orth Carls'cad Kap ,51807, cnd Irorth Carlsbad Annex Fkr, :18%3, Official Records, hn Uieco County, as described 8s Parcel $2 in thcs petition for the forzatiorr of Xorth Carlobad i.:unicipal h'atcr District, dated 11/25/53 and xore particularly described as follovs: line of the City of Oceanside at the Horthxest corner of Section 31, Township 11 South, Range 4 %est, S.B.B.T-I., said pofnt of be.giEninl< being an anzle point in the boundsry line of that certzin uninhabited territory snncxed to the City of Oceznside on September 27, 1953, pursuont to Ordinance iJ0. 652, adopted by the City Council of said-City of Oceanside on April 26, 1950; - 1. 'thance Easterly along said cor?orato boundary line of the City of Oceanside and continuin? along the corporate boundary line of said City of' Oceanside, fol16Triinz all its various courses and curves to tho Easterly 2rolonGstion or th?g Sautherlg line of Lot 34 of North Carlsbad a3 shown on i-lap Xo. 1807, Sheet.3, filed fn the Office of of the County Zecorder or" San Diego County; EEGIXI?;S at a point in the corporafs boundary 0 2, . .- .thence Vesterly along said Easterly proloncation and alonq the Southerly line of said Lot 3, beins also the souther17 boundary line of' Parcel $1 of that certain uninhabited territo-7 known end designsted IS "Laurel 3eiyhts Addition to tke City or OceansiCc", anncxcd to said City of Oceanside on Yoven5er 3, 1950, ?ursl;snt to Ordinance !To. 667 adsptec! by the City Council or said City of Ocean- side on Sep5exber 13, 1950, to the hrith.t:esterly c3r9sr of said Lot 21, said ccrner beins also an on@e point in the corporate boundary line of said City of Oceenside; thence Jlortherly alonp tha corporete boundary lizp_ of said City of Oceanside and contlnuin? .. clans tne cor?orste boundary line of said City of Oceirnslse, ~o~I.cx3.fi~ all -its Vzrioxs co-irses and curves to the rmst h'esterly corner of Lot b, Tract 55 of =ktalinS Lznds 8s shown on Hsp :lo. 1717, ,Sheet; 1, filed in the Office of the County Recorder of Scn Diego County; thence xortheesterly alcng the florthwesterly line of said Lot 4, to the most :Jortherly corner of said lot 4.1 thence Southeasterly dons the Northeasterly line of said Lot 4, to the nost Ebsterly corner of said Lot 4; . .P - . 6; _. . thence Southwesterly along the Southeasterly line of said Lot 4, to the most Southerly cornsr of said Lot 4, said corner bein3 Q point in the corporate boundary line of said City of Oceansido; thence Southestcrlg along the corporate boundary line of said City of Oceangidc end ccntinuzng along the corporate boundary line of said City of Oceanside, following all its various courses, to the POINT 3F BEGIXJI1;C;. The cory>orate'boundary linos of the City of Oceanside, as referred to herein, unless otherwise expressly dcsjgnnted, are such corporato boundary lines as the sme exlstsd R:; 12 o'clock noon, on November 28, 1953. . -a, 70 *. -. EXHIB IT "A " . . D Parcel 2 All that portion of Hotaling Lands Map #1717, North Carlsbad Map #1807, and North Carlsbad Annex Map #1888, Official Records, San Diego County, as described as Parcel #2 in the petition for the formation of North Carlsbad Municipal Water District, dated 11/25/53 and more particularly described as follows: line of the City of Oceanside at the Northwest corner of Section 31, Township 11 South,' Range 4 West, S.B.B.M., said point of beginning being an angle point in the boundary line of that certain uninhabited territory annexed to the City of Oceanside on September 27, 1950, pursuant to Ordinance No. -652, adopted by the City Council of said City of Oceanside on April 26, 1950; 1. thence EaskerLy along said corporate boundary line of the City of Oceanside and continuing along the corporate boundary line of said City of Oceanside as established by said Ordinance No. 652 and along said City boundary as established by Ordinance No. 667 adopted by said City Council on September 13, 1950, following all their various courses and curves to the Easterly prolongation of the Southerly line of Lot 34 of North Carlsbad as shown on Map No. 1807, Sheet 3, filedein the Office of the County Recorder of San Diego County; BEGINNING at a point in the corporate boundary 2. thence Westerly along said Easterly prolongation and along the Southerly line of said Lot 34, to the Southwesterly corner of said Lot 34, said corner being also an angle point in the said boundary line of said City of Oceanside; 3.- thence Northerly along the corporate boundary line of said City of Oceanside and continuing along the corporate boundary line of said City of Oceanside as established by said Ordinances numbers 667 and 652 and by Ordinance No. 748 adopted by said City Council on September 10, 1952 and by Ordinance No. 809 adopted on September 10, 1953 and by' Ordinance No. 696 adopted on June 27, 1951, and along the original city boundary to the most Westerly corner of Lot 4, Tract 55 of Kotaling Lands as shown on Map No. 1717, Sheet 1, filed in the Office of the County Recorder of San Diego County; 4. thence Northeasterly along the Northwesterly line of said Lot 4, to the most Northerly corner of said Lot 4; 5. thence Southeasterly along the Northeasterly line of said Lot 4, to the most Easterly corner of said Lot 4; 6. thence Southwesterly along the'southeasterly line of said Lot 4, to -- . the most Southerly corner of said Lot 4, said corner being a point in the corporate boundary line of said City of Oceanside; .. - 7. of Oceanside and continuing along the corporate boundary line of said City-of Oceanside, following all its various courses, to the POINT OF thence Southwesterly along the corporate boundary line of .said City BEGINNING; __ .- ___ 8. Excepting therefrom that area previously detached by Ordinance No. 4 of the Carlsbad Municipal Water District adopted October 6, 1955. The'corporate boundary lines of the City of Oceanside, as referred to herein, unless otherwise expressly designated, are such corporate boufidary lines as the same existed at 12 o'clock noon, on Novernber 28, 1953. EXHIBIT "A I'