HomeMy WebLinkAbout2012-02-28; City Council; Resolution 2012-047EXHIBIT 5
1 RESOLUTION NO. 2012-047
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A TAX EXCHANGE
3 AGREEMENT WITH THE CITY OF SAN MARCOS REGARDING
THE ANNEXATION TO CARLSBAD OF 0.696 ACRE FROM THE
4 CITY OF SAN MARCOS, AND THE DETACHMENT OF 1.746
ACRES FROM CARLSBAD TO THE CITY OF SAN MARCOS TO
5 FACILITATE A BOUNDARY ADJUSTMENT BETWEEN THE
TWO CITIES ALONG RANCHO SANTA FE (RSF) ROAD NORTH
6 OF THE INTERSECTION OF RSF ROAD AND MELROSE DRIVE
TO SOUTH OF LA COSTA MEADOWS DRIVE IN LOCAL
7 FACILITIES MANAGEMENT ZONE 11
CASE NAME: RSF BOUNDARY ADJUSTMENT
8 CASE NO: GPA 11-03/ZC 11-02/ANX 11-02/DTCH 11-01
^ The City Council of the City of Carisbad, California, does hereby resolve as
1^ follows:
11 WHEREAS, Revenue and Taxation Code Section 99 states that a Tax Exchange
12 Agreement reflecting the identified tax amounts to be exchanged between the affected local
1 ^ governments must be adopted by both the detaching city and the annexing city; and
1"^ WHEREAS, the proposed "RSF Boundary Adjustment" consists of two parcels
being detached from the City of San Marcos and annexed to the City of Carisbad (0.696 acre),
and one parcel being detached from the City of Carisbad (1.746 acres) and annexed to the City
of San Marcos, and legally described in Exhibit "A" to Planning Commission Resolution No
6786; said resolution is incorporated herein by reference; and
WHEREAS, as shown on Exhibit "A" attached hereto and made a part thereof by
reference, the County of San Diego Tax Assessor's report has determined that the three
parcels, which are roadway right-of-way without parcel numbers, have no assessment value;
and
WHEREAS, the City of Carisbad Finance Department has reviewed the
documentation provided by the County of San Diego Tax Assessor's office and concurs with the
report; and
WHEREAS, the Adoption of this Resolution will constitute approval of the
required Tax Exchange Agreement with the City of San Marcos.
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1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
2 Carisbad, California, as follows that:
3 1. The above recitations are true and correct.
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2. That it agrees with the County of San Diego Auditor's report that for the
jurisdictional changes associated with the "RSF Boundary Adjustment," the annual property tax
and the annual tax increment attributable to the cities from which the territories are being
detached/attached have no assessed value.
7 3. That the Adoption of this Resolution will constitute approval of the
required Tax Exchange Agreement with the City of San Marcos.
4. The Provisions of Chapter 1.16 of the Carisbad Municipal Code, "Time
9 Limits for Judicial Review" shall apply:
10 "NOTICE TO APPLICANT"
11 The time within which judicial review of this decision must be sought is governed
by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of
12 Carisbad by Carisbad Municipal Code Chapter 1.16. Any petition or other paper seeking review
must be filed in the appropriate court not later than the ninetieth day following the date on which
13 this decision becomes final; however, if within ten days after the decision becomes final a
request for the record is filed with a deposit in an amount sufficient to cover the estimated cost
14 or preparation of such record, the time within which such petition may be filed in court is
extended to not later than the thirtieth day following the date on which the record is either
1^ personally delivered or mailed to the party, or his attorney of record, if he has one. A written
request for the preparation of the record of the proceedings shall be filed with the City Clerk,
1^ City of Carisbad, 1200 Carisbad Village Drive, Carisbad, CA 92008.
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1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
2 of the City of Carisbad on the 28^^ day of February, 2012, by the following vote to wit:
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AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
11 MATT'HALL, Mayor
12 ATTEST:
ll^RRAINE M. WOOD, City Clerk
(SEAL) .'^^^^^-"^?o>.
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