HomeMy WebLinkAbout1982-02-02; City Council; Resolution 6775RECORDING REQUESTED bf " - • 834
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w SAN DIEGO COUNTY .
LOCAL AGENCY FORMATION COMMISSION OF^^^-lnnr
CERTIFICATE OF COMPLETION I OF"SAKC^Gb'S.^Vr
''Kelly Annexation" to the I! AiMlQ:
_|C2k£i_-£J ; ; {^ COUNTY RECORDER I
Pursuant to Governmerst Code Sections 35350, 54797.2, and 56450, this Certi||Q eps
ficate is hereby issued.
The name of each city and/or district involved in this change of organiza-
tion/reorganization , all located within San Diego County, and the type of
change of organization ordered for each such city and/or district is as
follows:
£i'_2iSi£i£Jt Type of Change of Organization
City of Carlsbad Annexation
A certified copy of the resolution/ordinance ordering this change of organi-
zation/reorganization without an election,, or the resolution/ordinance
confirming an order for this change of organization/reorganization after
confirmation by the voters is attached hereto and by reference incorporated
herein.
A legal, description and map of the. boundaries of the above-cited change of
organization/reorganisation is included in said resolution.
The terms and conditions, if any, of the change of organization/reorganiza-
tion are indicated on the attached form.
i hereby certify that I have examined the above-cited resolution/ordinance
for a change of organization/reorganisation, and have found that document
to be in compliance with the Commission's resolution approving said change
of organization/reorganization,
I further certify that (1) resolutions agreeing to accept a negotiated ex-
change of property tax revenues for this jurisdictional change, adopted by
the local agencies included in the negotiations, have been submitted to this
office, or (2) a master property tax exchange agreement pertinent to this
jurisdictional change is on file.
March 3, 1982
WILLIAM D. DAVIS Date
Executive Officer *
(After recordation, return
to LAFCO 0 A216)
chairman
Or. Charles W. Hottler
Public Member
executive officer
William O. Davis
counsel
Donald L. Clark
members
Ralph W. Chapman
Otay Municipal
Water District
Paul W. Fordem
County Board of
Supervisors
Tom Hamilton
County Board of
Supervisors
D*ll Lake
Councilman, City of
Lemon Grove
Gloria McClellan
Councilwornan,
City of Vista
Stanley A. Mahr
San Marcos County
Water District
alternate members
Alex L. Adams
Padre Dam Municipal
Water District
Paul Eckert
County Board of
Supervisors
Mike Gotch
Co unc-1 member,
City of San Diego
Major if. Hersom
Ait-ine fire Protection
District
c 835 O (714, ,:-;;-•. cros • san diego
Local agency formation commission
I6OO pacific highway • san dtego. ca. 92IOI
CERTIFICATE RE: TERMS AND CONDITIONS AND INDEBTEDNESS
Subject: "Kelly Annexation" to the City of Carlsbad
CA81-6
Certain terms and conditions are required by the Local
Agency Formation Commission to be fulfilled prior to the
completion of the above-named change of organization.
(Name))
,
((Title)
do hereby certify that the terms and conditions listed
below have been fully met.
1. The boundaries shall be made to conform to
Exhibit A attached hereto.
Will the affected property be taxed for any existing bonded
Indebtedness or contractual obligation? yes ^ no
If yes, specify.
/?// t/&9tffi<(
Signature
Date
636
RESOLUTION NO. 6775
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE ANNEXATION OF
CERTAIN UNINHABITED TERRITORY HEREINAFTER
DESCRIBED AND DESIGNATED AS THE KELLY ANNEXATION.
5 WHEREAl>, an application for approval of a proposal for
6 the initiation of proceedings for the annexation of territory
hereinafter indent if ied and described as Kelly Annexation to
8 the City of Carlsbad, County of San Diego, State of California,
9 was filed with the Local Agency Formation Commission Reference
10 No. DA 81-6; and
11 ..
WHEREAS, a resolution of the said Local Agency Formation
12 Comtni ss ion , . af t er a hearing held in the manner required by law,
13 was duly passed and adopted on the llth day 'of January, 1982,
14 approving the application for annexation of the territory
15 hereinafter described by metes and bounds to the City of
16
Carl sbad ; and
17
WHEREAS, said resolution provided that said annexation was
approved without notice and hearing and further provided that
19
the City Council of the City of Carlsbad was authorized to annex
20 .. -said territory without notice and hearing by said Council and
21
without an election as provided in California Government Code
22
Section 35151 ; and
23
WHEREAS, a written petition containing the required
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signatures and a description of the uninhabited territory
25
hereinafter described has been presented to the City Council of
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the City of Carlsbad, requesting annexation under the Municipal
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Organization Act of 1977; and
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WHEREAS, said petition has been signed or consent thereto
has been filed by the owners of all of the land in the territory
o to be annexed;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That said petition contains a description of certain
uninhabited territory sought to be included and annexed to the
City of Carlsbad and that said petition is signed by the owners
of not less than 25% of the land in the territory by area and by
assessed value as shown on the latest equalized assessment roll
of the County of San Diego, in which county the City of Carlsbad
is situated.
3. That the City Council hereby declares that said
petition has been signed or consent to the proposed annexation
filed by the owners of all of the land in the territory proposed
to be annexed and, therefore, no protests may be filed against
the petition by persons owning property in the territory.
4. That the territory proposed to be annexed to the City
is uninhabited territory as defined by Section 35038 of the
Government Code and is contiguous to the boundaries of the City.
5. That the aforementioned uninhabited territory included
in the proposed annexation is hereby designated and shall
hereafter be known as the Kelly Annexation.
6. That upon completion of said annexation all of the
property included therein shall be taxed accordingly with the
other property within the City of Carlsbad to pay the bonded
indebtedness and any and all general indebtedness of the City of
Carlsbad contracted prior to, or existing or outstanding at the
838
time of, the aforesaid proposed annexation of said described
1 property.
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7. That all requirements of law necessary to the adoption
3 . . • .of this resolution approving the annexation of certain
4 . -"'••..uninhabited territory pursuant to the provisions of the
5 Municipal Organization Act of 1977 have been complied with.
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8. That it does hereby approve the annexation to the City
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of Carlsbad of that certain real property located in the County
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of San Diego, State of California, designated as the Kelly
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Annexation and more particularly described as follows:
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11 All that portion of that certain parcel of land designated
as "Description No. 3, 78.07 acres" shown and delineated on
12 record .of Survey Map No. 5715, filed in the Office of the
County Recorder of San Diego County, December 19, 1960,
13 being a portion of Lot "G" of the Rancho Agua Hedionda , in
the County of San Diego, State of California, according to
14 Map thereof No. 823, filed in the Office of the County
Recorder of San Diego County, November 16, 1896, lying
15 within the following described boundaries:
16 Beginning at corner 13 of"said Lot "G" as shown on
said Map No. 823, also being the Southwest corner of
17 ' said record Survey Map No. 5715;
18 1. thence along the Westerly line of said record of Survey
Map No. 5715, North 0C31'16" West, 1559.59 feet (record
19 North 0°32' West, 1558.90 feet);
20 2. thence leaving said Westerly line, North 86e51'47"
East, 1212.4-5 feet to the Northwesterly corner of that
21 certain parcel of land designated as "description No.
4, 76.89 acres" as shown and delineated on said record
22 of .Survey Map No. 5715;
23 3. thence along the Northerly line of said parcel, North
71°35I51" East, 1237.58 feet to the most Northerly
24 corner thereof, also being an angle point in the
boundary of said parcel of land designated as
25 "description No. 3, 78.07 acres";
26 4. thence along said boundary, North 83e40'44" East,
1515.84 feet to the most Northerly corner of that
27 certain parcel of land designated as "description No.
5, 103.54 acres" as shown and delineated on said record
28 of Survey Map No. 5715 and the true point of beginning;
5. thence Nor'therly along a straight line to the Southerly
•line of Road Survey No. 1534 (Palomar Airport Road) Map
_ on file in the County Engineer's Office of said County
said straight line if extended would end at a point on
- the center line of said Road Survey Map No. 1534,
distant thereon North 78°54'09" West, 110.74 feet from
. the Westerly terminus of the 1200.00 foot radius curve
in said center line;
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6. thence Southeasterly along said Southerly line to the
g Northeasterly line of said parcel of land designated as
"description No. 3, 78.07 acres";
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7. thence South 39"35I10" East along said Northeasterly
o line to the most Southerly corner thereof;
g 8. thence along the boundary of said land the following
courses and distances;
•IQ North 79e20'21' West, 377.94 feet
North 41e21'46" West, 1086.50 feet
•Q North 57°12'36" West, 505.80 feet to the true point of
be.ginning.
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13 ,PASSED, APPROVED AND ADOPTED at a regular meeting of
14 the City Council on the • 2nd day of February , 1982,
15 by the following vote, to wit:
16 AYES: Council Members Packard, Casler, Anear, Lewis and Rulchin
NOES: None
18 ABSENT: None
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21 RONALD C. PACKARD, Mayor
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ATTEST:
23
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IfUJL** A^^^
25 ALETHA L." RAUTENKRAN^CUyc7erk
26 (SEAL)
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£
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- 840
STATE OF CALIFORNIA, )
COUNTY OF SAN DIEGO ) ss.
ALETHA.L. RAIJJENKKANZI ....... / , City Clerk of. the City of Carlsbad, County of San Diego, State of California.
hereby certify that I have compared the foregoing copy with the original f^SOlUtlOn ..jry/./P. |)assed and
adopted by said City Council, at ^..•^S'-M-Sir ......... meeting thereof, at the time and by the vote therein
stated, which original Resolution .......... is now on file in my office: that the same contains a full, true
and correct transcript therefrom and of the whole thereof.
Witness my hand and the seal of said City of Carlsbad, this 4th. day of February ,1982 ..................
City Clerk
841
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DATE: II- 10- 61
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DRAWN BY'.^ ^c.HUJ?R
MAPPING DIVISION
SAN DIEGO COUNTY ASSESSOR'S OFFICE
KELLY WNEXAT/OM TO TH£ CITY
OF CARLS BAI>.
LAFCO: CAdl-C*
AREA; , • ^ , A/»
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3/L'- 2I2-O40
THOMAS BROS'- /9-2)£:2.
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RESOLUTION NO. 6775
I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE ANNEXATION OF
CERTAIN UNINHABITED TERRITORY HEREINAFTER
DESCRIBED AND DESIGNATED AS THE KELLY ANNEXATION.
WHEREAS, an application for approval of a proposal for
the initiation of proceedings for the annexation of territory
hereinafter indentified and described as Kelly Annexation to
the City of Carlsbad, County of San Diego, State of California,
was filed with the Local Agency Format ion Commission Reference
No. DA 81-6; and
WHEREAS, a resolution of the said Local Agency Formation
Commission, after a hearing held in the manner required by law,
was duly passed and adopted on the 11th day of January, 1982,
approving the application for annexation of the territory
hereinafter described by metes and bounds to the City of
Carlsbad; and
WHEREAS, said resolution provided that said annexation was
approved without notice and hearing and further provided that
the City Council of the City of Carlsbad was authorized to annex
said territory without notice and hearing by said Council and
without an election as provided in California Government Code
Section 35151; and
WHEREAS, a written petition containing the required
signatures and a description of the uninhabited territory
hereinafter described has been presented to the City Council of
the City of Carlsbad, requesting annexation under the Municipal
Organization Act of 1977; and
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WHEREAS, said petition has been signed or consent thereto
has been filed by the owners of all of the land in the territory
to be annexed;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That said petition contains a description of certain
uninhabited territory sought to be included and annexed to the
City of Carlsbad and that said petition is signed by the owners
of not less than 25% of the land in the territory by area and by
assessed value as shown on the latest equalized assessment roll
of the County of San Diego, in which county the City of Carlsbad
is situated.
3. That the City Council hereby declares that said
petition has been signed or consent to the proposed annexation
filed by the owners of all of the land in the territory proposed
to be annexed and, therefore, no protests may be filed against
the petition by persons owning property in the territory.
4. That the territory proposed to be annexed to the City
is uninhabited territory as defined by Section 35038 of the
Government Code and is contiguous to the boundaries of the City.
5. That the aforementioned uninhabited territory included
in the proposed annexation is hereby designated and shall
hereafter be known as the Kelly Annexation.
6. That upon completion of said annexation all of the
property included therein shall be taxed accordingly with the
other property within the City of Carlsbad to pay the bonded
indebtedness and any and all general indebtedness of the City,of
Carlsbad contracted prior to, or existing or outstanding at the
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time of, the aforesaid proposed annexation of said described
property.
7. That all requirements of law necessary to the adoption
of this resolution approving the annexation of certain
uninhabited territory pursuant to the provisions of the
Municipal Organization Act of 1977 have been complied with.
8. That it does hereby approve the annexation to the City
of Carlsbad of that certain real property located in the County
of San Diego, State of California, designated as the Kelly
Annexation and more particularly described as follows:
All that portion of that certain parcel of land designated
as "Description No. 3, 78.07 acres" shown and delineated on
record of Survey Map No. 5715, filed in the Office of the
County Recorder of San Diego County, December 19, 1960,
being a portion of Lot ''G" of the Rancho Agua Hedionda , in
the County of San Diego, State of California, according to
Map thereof No. 823, filed in the Office of the County
Recorder of San Diego County, November 16, 1896, lying
within the following described boundaries:
Beginning at corner 13 of said Lot "G" as shown on
said Map No. 823, also being the Southwest corner of
said record Survey Map No. 5715;
1. thence along the Westerly line of said record of Survey
Map No. 5715, North 0°31'16" West, 1559.59 feet (record
North 0'32' West, 1558.90 feet);
2. thence leaving said Westerly line, North 86'51'47"
East, 1212.45 feet to the Northwesterly corner of that
certain parcel of land designated as "description No.
4, 76.89 acres" as shown and delineated on said record
of Survey Map No. 5715;
3. thence along the Northerly line of said parcel, North
71'35'51" East, 1237.58 feet to the most Northerly
corner thereof, also being an angle point in the
boundary of said parcel of land designated as
description No. 3, 78.07 acres"; I1
4. thence along said boundary, North 83°40'44" East,
1515.84 feet to the most Northerly corner of that
certain parcel of land designated as "description No.
5, 103.54 acres" as shown and delineated on said record
of Survey Map No. 5715 and the true point of beginning;
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I 5. thence Northerly along a straight line to the Southerly
line of Road Survey No. 1534 (Palomar Airport Road) Map
on file in the County Engineer's Office of said County
said straight line if extended would end at a point on
the center line of said Road Survey Map No. 1534,
distant thereon North 78"54'09" West, 110.74 feet from
the Westerly terminus of the 1200.00 foot radius curve
in said center line;
6. thence Southeasterly along said Southerly line to the
Northeasterly line of said parcel of land designated as
I' description No. 3, 78.07 acres";
7. thence South 39°35'10" East along said Northeasterly
line to the most Southerly corner thereof;
8. thence along the boundary of said land the following
courses and distances;
North 79"20'21' West, 377.94 feet
North 41"21'46" West, 1086.50 feet
North 57'12'36" West, 505.80 feet to the true point of
beginning.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council on the 2nd day of February , 1982,
by the following vote, to wit:
AYES : Council Wers Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: Nme
ATTEST:
(SEAL)
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