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HomeMy WebLinkAbout1971-02-03; Municipal Water District; Resolution 266RESOLUTION NO. 266 _- A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT ORDERING THE ANNEXATION OF CERTAIN TERRITORY DESIGNATED LA COSTA MEADOWS NO. 4 ANNEXATION TO THE CARLSBAD MUNICIPAL WATER DISTRICT AND IMPROVEMENT DISTRICTS 1, 2 and 4 of CARLSBAD MUNICIPAL WATER DISTRICT PURSUANT TO SECTION 56322 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. ( LA COSTA MEADOWS NO. 4 ANNEXATION) 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 the Carlsbad Municipal Water District commenced the preliminary proceedings for the annexa- tion of the territory described herein by filing with the Local Agency Formation Commission of the County of San Diego, Resolution No. 261 of the Board of Di- rectors of Carlsbad Municipal Water District, adopted December 16, 1970. (b) The territory described in said Resolution No. 261 is the territory hereinafter described in this Re- solution. (c) That all of the owners of the land within the territory proposed to be annexed have given their written consent to such annexation. (d) That the owners of the land proposed to be annexed, La Costa Land Company, has agreed to pay to the Secretary of the Carlsbad Municipal Water District all costs of said annexation, including, but not limited to, advertising, engineering and attorney's fees. (e) The Local Agency Formation Commission of San Diego County has approved the proposed annexation by their Resolution 70-93, adopted January 4, 1971 and assigned the distinctive short form designation of La Costa Meadows -1- No. 4 Annexation. (f) That the territory to be annexed shall be in- cluded in Improvement Districts 1, 2 and 4 of the Carlsbad Municipal Water District, (4) That the territory proposed to be annexed to Carlsbad Municipal Water District will be benefited thereby. (h) That Carlsbad Municipal Water District to which the territory is proposed to be annexed will be benefited by said annexation and will not be injured thereby. (i) That the proceedings had for the said annexa- tion were genuine and sufficient and in all respects complied with the District Reorganization Act of 1965, beginning with Section 56000 of the Government Code of the State of California. 2. The Board of Directors of Carlsbad Municipal Water District does hereby order the annexation of all the territory described in Exhibit "A" attached hereto, subject to the following terms and conditions: (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, 3. This annexation shall become effective immediately upon the adoption of this resolution. This resolution is being adopted pursuant to Section 56322 of the Government Code of the State of California and pursuant to Resolution No. 70-93 of the Local Agency Formation Commission of San Diego County, adopted January 4, 1971. 4. The resolution is being adopted without notice and -2- hearing or without an election pursuant to Section 56322 of the Government Code of the State of California. 5. 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. (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 Re- solution and description of the boundaries of the terri- tory 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 3rd day of February, 1971. President 6f 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, 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. Secretary of Carlsbad Municipal Water District and of the Board of Directors thereof. -4 - Those portions of Government Lots 2,3 and 4 in Section 30, Township 12 South, Range 3 West, San Bernardino Meridian, according to the Official plat thereof, on file in the Office of the County Recorder, in the County of San Diega, State of California, more particularly described as follows: Beginning at the South 0'51'37" West along the West line of said Section 30 a distance of 1738.23 feet to the TRUE POINT OF BEGINNING; thence leaving said West line S.2lo16'0O" East, a distance of 57.19 feet to a point on the arc of a non-tangent 500.00 foot radius curve, East; thence Easterly along the arc of said curve through a central angle of 6'04'22" a distance of 53.00 feet; thence North 61"25'00" East, 141.60 feet; thence South 28'35'00" East, 359.59 feet to the beginning of a tangent 1330.00 foot radius curve, concave North- easterly; thence Southerly and Easterly along the arc of said curve through a central angle of 40'29'30" a distance of 939.93 feet; thence South 69'04'30" East, 42.00 feet; thence South 20'55'30" West a distance of 75.00 feet to the beginning of a tangent 500.00 of said curve through a central angle of 21.53 feet; thence South 23'23'33" West a distance of 257.18 feet to the beginning of a tangent 500.00 foot radius curve, con- cave Easterly: thence Southerly along the arc of said curve through a central angle of 2°28'03'1 a distance of 21.53 feet; thence South 20'55'30 West a distance of 1279.92 feet to the beginning of a' tangent 1030.00 foot radius curve, concave Northwesterly; thence Southwesterly along the arc of said curve through a central angle of 12'09'20" a distance of 218.52 feet to a point through which a radial line bears South 56'55'10" East, said point also being on the Northerly Right of Way line of that certain 200.00 foot . strip of land conveyed to the San Diego Gas and Electric Co. by Deed recorded May 12, 1954 as Document No. 62394 in Book 5235, Page 130 of Official Records; thence Westerly along said Northerly Right of Way line North 64'13'44" West a distance of 479.94 feet to an intersection with the West line of the above mentioned Section 30; thence Northerly along said West line North 0'51'37" East, a distance-of 2426.85 feet to the TRUE POINT OF BEGINNING. Northwest corner of said Section 30, thence .concave Northerly, a radial line to said point bears South 22'30'38" 'foot radius curve, concave Westerly; thence Southerly along the arc 2°28'03" a distance of Said parcel of land containing 41.069 acres, EXHIBIT "A"