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Home My WebLink About1971-01-06; Municipal Water District; Resolution 264RESOLUTION NO. 264 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT INITIATING PROCEEDINGS PUR- SUANT TO SECTION 56310 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA INITIATING PROCEEDINGS FOR THE DETACHMENT OF CERTAIN TERRITORY FROM CARLSBAD MUNICI- PAL WATER DISTRICT, WHICH TERRITORY IS NOW INCORPORATED WITHIN THE CITY OF OCmNSIDE (NORTH CARLSBAD DETACHMENT) THE BOARD OF DIRECTORS OF 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 are hereby initiated by the Board of Directors of Carlsbad Municipal Water District pursuant to Section 56310 of the Government Code of the State of California. (b) That the City of Oceanside commenced 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 an application for certain terri- tory from Carlsbad Municipal Water District. (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 "North Carlsbad Detachment" and a description of the ex- terior boundaries of the territory proposed to be detached is attached hereto as Exhibit "A" and made a part hereof. (d) The territory proposed to be detached is inhabited. (e) The reasons for the proposed detachment are: 1. That the land is currently within the boundaries of the City of Oceanside and can be best served with water from the City of Oceanside. -1- 2. The detachment of said land will be for the best interests of the District. 3. The detachment of said land will De for the best interests of the land and the owners thereof . (f) The terms and conditions of the proposed detach- men t are : 1. The payment by City of Oceanside of all costs of said detachment, including, but not limited to advertising, engineering and attorney's fees, 2. The Board of Directors of Carlsbad Municipal Water Dis- trict does hereby fix Wednesday, the 3rd day of February, 1971, at the hour of 2:OO o'clock P,M,, at the Board Room of the Carlsbad Municipal Water District at 5780 El Camino Real, Carlsbad, Cali- .- fornia, as the time and place for a public hearing on the proposed 'detachment, and at said time and place, any interested person de- siring to make written protest against said detachment shall do so by written communication filed with the Secretary of the Carlsbad Municipal Water District not later than the hour set for hearing. A written protest by a landowner shall contain a description sufficient to identify the land owned by him. A protest by a voter shall contain the residential address of such voter. 3. The Secretary of the Carlsbad Municipal Water District shall give notice of such hearing by publication in a newspaper of general circulation pursuant to Section 6066 of the Government Code Of the State of California and Section 56084 of the Government Code of the State of California. I 4. The Secretary of the Carlsbad Municipal Water District shall also give notice of such hearing by posting notice of such hearing pursuant to Sections 56311, 56085 and 56086 of the Govern- ment Code of the State of California, -2- 5. Pursuant to Section 56312 of the Government Code of the State of California, the Secretary of the Carlsbad Municipal Water District shall also give written notice by mail of such hearing and comply with Sections 56087 to 56089, inclusive, of the Government Code of the State of California by mailing notices of said hearing to all landowners owning land within the territory proposed to be detached and to all persons and counties, cities or districts which have theretofore filed a written request for special notice with the Secretary of the Carlsbad Municipal Water District. ADOPTED, SIGNED AND APPROVED this 6th day of January, 1971. EMLE President df Carlsbad Municipal Water District and of the Board of Directors thereof, ATTEST: Secretary of Carlsbad Municipal Water District and of the Board of Directors thereof. -3- 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 c WILLIAM D, CARMICHAEL -- &- @Z&j;l Secretary of Carlsbad Municipal Water District and of the Board of Directors thereof. -4- NORTH CARLSBAD DETACHMENT Parcel 1 I. . ~ll'that portion of tIotalinC Lands Ha:, #1717, ?lorth Carls5ad FInp #1837, and ]Jorth Carlsbad Annex F:.:a? Cl833, Official Records, San Uieco County, -8s described 2s Parcel $2 in th.j Dctition for the forzation of Xorth - Carlsbad i:unicipal 't!eter District-, dated 11/25/53 and Eorc particularly ' . described as follo:;s: BEGIX~I?;S at a point in the corporaff! boundary --- line of the City of Oceanside at the 1Jorth.Awst corner of Section 31, -. -. annexed to the City of Oceznside on Septcxber 27, 1953, pursuant to Township 11 South, Rangc 4 Gest, S.B.E.I.:., said point of begizninig being an an2J.e point in the boundsry line of that certain uninhabited territory Ordinance No. 652, adopted by the City Council of said-City of Oceanside . on April 26, 1950; 'thence Easterly alonq said cor?orato boundary line of the City of oc8nnd.de and continuin? alons the corporate boundary line of said City of Oceanside, folloxinc till its various courses and curves to tho Easterly prolongstion of th?e Sautherly line of Lot 34. of North Carlsbad a3 shown on Xap XO. 1837, Sheet.3, filed in the Office of of the County Zecorder or" San Diego County; -thence 1:'esterI.y along said Easterly proloncntion and along the Southerly line of said Lot 2, being also tne Souther17 boundary - line or Parcel $7, of that certain uninhabited territozy known p.nd designeked ES "Laurel Heichts Addition to the City of Oceanside", annexcd to said City or Ocemside on Yovmber 3, 1950, ?ursu2nt to Ordinance !lo* 667 adspted by the City Council or said City of Ocean- side on Scpkxber 13, 1350, to the huthiresterl7 c3rgsr of said Lot 2t, said ccjrner beinz also an mgle point in the corporate boiindarg line of said City of Oceenside; thence 1:ortherly alonp t!x corporete boundarY lixe of said city of Oceanside 3nd continuin;? elon5 tire cor3orate boundary line of said City of Ocemsise, roll~~ii~; all -its ~zrioas ccj'irses and cumes to the mDst \!esterly corner or Lot b, Tract 55 of datalinz Lznds ns shown on 1.19~ Xo. 1717, Sheet I, filed in the Office of the County Recorder of Scn Diego County; thence xortheesterly alcng the flort3westerlp line of said Lot 4, to the mast :Jortherly corner of said lot 41 thence Southeasterly olong the Northeasterly line of said Lot 4, to the nost Easterly corner of said Lot 4; thence Southwesterly along the Southeasterly line of' said Lot 4, to tho most Southerly corner of said Lot 4, said corn3r bein3 a b .. _. point in the corporate boundary line of- said City of Oceansido; 7. thence Southvesterlg along the corporate boundary line of said City of Oceanside and ccntvinulng along the corporate boundary line of said City of Oceanside, followring all its various coursos, Tho corporatc'boundary linos of the City of Oceanside, as referred to herein, unless othzrtrise expressly desjgnnted, are such corporate boundary lincs as the same existed R:; 12 o'clock noon, on Xovember 28, 1953- e to the POINT 3P BT;;GII?XII;C;. C' Parcel 2 All that portion of Hotaling Lands Map #1717, North Carlsbad Map #1807, , and North Carlsbad Annex Map #1&88, Official Records, San Diego County, as described as Parcel #2 in the petition for the formation of North I.. 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 t,he City Council of said City of Oceanside on April 26, 1950; BEGINNING at a point in the corporate boundary 1- thence Easterly along said corporate boundary line of the City of 'Oceanside and continuing along the co.rporate 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, filedoin the Office of the County Recorder of San Diego County; 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 Jine of said City of Oceanside and continuing along the corporate boundary line of said Citf of Oceanside as established by said Ordinances numbers 667 and 652 and by Ordinance No. 748 adopted by said Ci.ty Council on September 10, to the most Westerly corner of Lot 4, Tract 55 of' Hotaling Lands as shown on Map No. 1717, Sheet 1, filed in the Office of the County Recorder of San Diego County; 4- 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; .I 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 thence Northeasterly along the Northwesterly line of said Lot 4, to 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 I 3EGINNING; -- I 8. Excepting therefrom that area previously detached by Ordinance No. 4 of the Carlsbad Municipal Water District adopted October 6, The'corporate boundary lines of the City of Oceanside, as referred to herein, unless otherwise expressly designated, are such corporate bomdary lines as the same existed at 12 o'clock noon, on Novenber 1955. 28, 1953. EXHIB IT "A I' ~-