HomeMy WebLinkAbout1971-02-03; Municipal Water District; Resolution 265RESOLUTION NO. 265
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A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
MUNICIPAL WATER DISTRICT ORDERING THE DETACHMENT OF
CERTAIN TERRITORY DESIGNATED NORTH CARLSBAD DETACH-
MENT FROM THE CARLSBAD MUNICIPAL WATER DISTRICT PUR-
SUANT TO THE GOVERNMENT CODE OF THE STATE OF CALI-
FORNIA
(NORTH CARLSBAD 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:
(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 City of Oceanside commenced the pre-
liminary proceedings for the detachment of the territory
described herein by filing with the Local Agency Foma-
tion Commission of the County of San Diego, Resolution
No. 70-163 of the City Council of the City of Oceanside
adopted October 28, 1970.
(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 exterior boundaries of the territory proposed to be
detached is attached hereto as Exhibit "A" and "B" and
made a part hereof.
(d) The territory proposed to be annexed is in-
habited.
(e) The reasons for the proposed detachment are:
1. That the land is currently within the bound-
aries of the City of Oceanside and is and
can be best served with water from the City
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of Oceans ide .
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 City of Oceanside of all
costs of said detachment, including, but not
limited to advertising, engineering and at-
torney's fees.
(4) The San Diego County Water Authority has consented
to said detachment by appropriate resolution adopted January
14, 1971, as Resolution No, 1196.
(h) The Board of Directors of Carlsbad Municipal Water
District adopted Resolution No. 264 and in said Resolution
did 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 as the the and place for a public
hearing on the proposed detachment.
(i) That the Secretary of the Carlsbad Municipal Water
District gave notice of said hearing by publication of the
notice of hearing pursuant to Sections 56311, 56083, 56084
of the Government Code of the State of California and the
affidavits of publication are on file with the Secretary of
Carlsbad Municipal Water District.
(j) That the Secretary of the Carlsbad Municipal Water
District gave notice of said hearing by posting of the
notice of hearing pursuant to Sections 56311, 56085, 56086
of the Government Code of the State of California and the
affidavit of publication is on file with the Secretary of
the Carlsbad Municipal Water District.
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(k) That the Secretary of the Carlsbad Municipal
Water District gave notice of said hearing by mail pur-
suant to Sections 56312, 56087, 56088, 56089 of the
Government Code of the State of California and the
affidavit of mailing said notice is on file with the
Secretary of the Carlsbad Municipal Water District,
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" and Exhibit "B" attached
hereto and made a part hereof, and that no written protests there-
to were filed.
3. The Board of Directors of Carlsbad Municipal Water Dis-
trict specifically finds and determines that the territory to be
detached is inhabited and that written protests filed and not with-
drawn represent:
(a) Less 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 land therein; and
(b) Less than ten per cent (10%) of the voting power
of voters entitled to vote as a result of residing in or
owning property within such territory.
4. That there has been paid to the Carlsbad Municipal
Water District all charges and expenses 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. 264 of the Board of Directors of Carlsbad Municipal Water
District and Exhibit "A" and Exhibit "B" of this Resolution shall
be excluded or detached from Carlsbad Municipal Water District. rc
6. The Board of Directors of Carlsbad Municipal 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
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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" and Exhibit "B" attached hereto to the Carlsbad Municipal
Water District, subject to the terms and conditions as stated in
said Resolution No. 264, is hereby ratified, confirmed, approved
and ordered, and said detachment is granted subject to the terms
and conditions as set forth in said Resolution No. 264 which are
as follows:
(a) The payment by City of Oceanside of all
costs of said detachment, including, but
not limited to advertising, engineering
and attorney's fees.
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" and Exhibit I'B" attached hereto and made a part of
this Resolution.
9, The boundaries of the territory so detached from
Carlsbad Municipal Water District and are more particulary des-
cribed as set forth in Exhibit "A" and Exhibit "B" 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
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the County of San Diego and the Board of Equalization
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 detached from the Carlsbad Municipal
Water District and a map depicting said boundaries all
in compliance with Sections 54900, et seq., of the Gov-
ernment Code of the State of California.
ADOPTED, SIGNED AND APPROVED this 3rd day of February,
1971.
President of 6rfsbad Municipal
Water Distric’t and of the Board
of Directors thereof .
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ATTEST :
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Secretary of Carlsbad Municipal
Water District and of the Board
of Directors thereof.
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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 3rd day of February, 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 .
W. D. CARbIICHAEL Secretary of Carlsbad Municipal Water District and of the Board of Directors thereof.
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NORTH CARLSBAD DETACHMENT
All 'that portion of MotaUng Lands Ha=, $1717, !Jorth CarlsLad Kap #1897,
and tlorth Carlsbad Annex Kar, $183a, Official Records, San uieco County, as described 2s Parcel $2 in the petition for the forxition of Xorth
Carlabad izunicipal Oater District, dated 11/25/53 and nore particularly described as follows: D~SfXI~;S at a point in the corporats boundary line of the City of Oceanside at the Horthxest corner of Section 31,
Township 11 South, Rangc 4 k'est, S.B.B.K., said point of beginning being an anzle point in the boundary line of that certzin uninhabited territory
anncxed to the City of Oceanside on September 27, 1953, pursmnt to
Ordinance No. 652, adopted by the City Council or said-city of Oceenside I on April 26, 1950; -
1. -thence Easterly alonq said cor7orato boundary line of the City of Oceanside and continuin? along the corporate boundary line of said City of Oceanside, foll6xinc all its various courses and curves to tho Easterly prolongstion of th?e, Sautherlg line of Lot 34 of Morth Carlsbad a3 shom on Xap 130. 1807, Sizeet.3, filed Ln the Office of of the County Zecorder of San Diego County;
thence Vesterly along said Easterly prolonzation end alonr the
Southerly line of said Lot 2, bein3 also the Souther1-j boundary line of Parcel $1 of that certain uninhabited territory knovn end
desiZneted ES "Laurel Xeirhts Addition to the City of Oceanside",
Ordin-ance Xo. 667 adqted. by the City Council of seid City of Ocean- side on Scp$err,?-,er 23, lC)sO, to the S.outhr?esterly cDrslb,r of said Lot 31t# said cmner being also an mgle point in the corporate boiindary line
2.
-' annexed to said City of Ocemside on Yove.mt;er 3, 1750, nurstzsnt to
c of said City of Oceenside;
3. thence 1Tortherl.j alonp th corporYte boundary lize of said City of
Oceanside and continuin? alonz tne cor3orate bounrlar~ line of said City of OceansiSc, Zolloxi5~ all -its ~''rio-as co-irzes and curves to
. the mDst k!esterly corner of Lot b, Tract 55 of =btalinz Lands 3s shown on I-Is? 30. 1717, Sheet 1, filed in the Office of the County Recorder of Snn Diego County;
thence XortheEsterly alc.ng the Horthwesterly line of said Lot 4, to the most Xortherly corner of said lot 4; .4.
' .s. thence Southeasterly along the Northeasterly line of said Lot 48
' to the nost Ebsterly corner of said Lot 4; ._
thence Southwesterly along the Southeasterly line of said Lot 4,
to the most Southsrlg cornzr of said Lot 4, said cornsr bein3 a point in the corporate boundary line of said City of Ocesnsido;
thence Southwesterly along thc corporate boundary line of said City of Ocean3irle end ccntinuing along the corporate boundary line of said City of Oceanside, followfng all its various courses, to the POINT 3F BZGIXXIK.
The corporatc' boundary linos of the City of Oceansirlo, as referred to herein, unless othzrriise exprcssly desjgnnted, are such corD@rnte
boundary lincs aa the same existed a,t 12 o'clock noon, on Xovembcr 28, 1953.
EXHIB IT "A
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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
Carlsbad Municipal Water District, dated 11/25/53 and more particclarly described as follows: BEGINNING at a point in the corporate boundary 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.
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, filedsin the Office of the County Recorder of San Diego County;
thence Easkerly along said corporate boundary line of the City of
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 Ordinznce 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 Hotaling Lands as
shown on Map No. 1717, Sheet 1, filed in the Office of the County Recorder of San Diego County;
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4. the most Northerly corner of said Lot 4; thence Northeasterly along the Northwesterly line of said Lot 4, to
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
BEGINNING;
thence Southwesterly along the corporate boundary line of said City
8. Excepting therefrom that area previously detached by Ordinance No. 4 of the CarlsSad Municipal Water District adopted October 6, 1955. The'corporate boundary lines of the City of Oceanside, as referred to herein, mless otherwise expressly designated, are such corporate bour,dary lines as the same existed at 12 olcl'ock noon, on Noveiaber
28, 1953.
EXHIB IT "B 'I