HomeMy WebLinkAbout1970-05-19; City Council; 167; South Carlsbad Annexation No.1.7THE CITY OF CARLSBAD, CALIF' ORNIA
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Agenda Bill No. / {? 7 Date: May 19, 1 970
Referred To:
Subject: . Submitted By :
A
Proposed annexation "South Carlsbad City Clerk
Annexation No. 1 . 7"
Statement of the Matter
City Council previously approved a pre-annexation zoning and the
adoption of a master plan for the H. B. Development Co. They petitioned
the Local Agency Formation Commission for annexation of this property
to the City of Carlsbad, which was approved by the Commission on the
4th day of May, 1970. The owner of the property has now petitioned
the City to approve the annexation of his property to the City of Carlsbad,
7_7 -70 A public hearing is set for this date.
7-21-70 A report from the City Attorney as to security being posted by the
developer.
Second reading of Ordinance No. 1122.
Exhibit
1. Resolution No. /cv » giving notice of proposed annexation.
2. Ordinance #1122.
Staff Recommendations
It is recommended that annexation proceedings be commenced by the City
and that Resolution No. /7^^/ by adopted in order that a hearing
can be held.
AB No.167
City Manager's Recommendation
I concur with the staff's recommendation.
3-7,-70 A public hearing has been set for this date and if it is the desire
of the Counci] to approve this annexation, a first reading can be
given to Ordinance #1122.
Council Action
5-19-70 Agenda Bill No. 167 adopted and Resolution No. 1734 giving
notice of proposed annexation passed, approved and adopted.
7-7-70 Following the public hearing, a first reading was given Ordinance
#1122, approving the annexation of "South Carlsbad Annexation
No. 1.7" to the City of Carlsbad.Prior to the second reading
of Ordinance #1122, the City Attorney was instructed to work
out a satisfactory agreement between the City and the developer
as to the cost of the grade separation and overpass.
7-21-70 Ordinance #1122 was given a second reading and adopted, approving
the Annexation of South Carlsbad Annexation No. 1.7. The City Attorney
noted that the property offered as security was sufficient to secure the
developers obligation. By unanimous vote the Mayor was authorized to
sign the agreement and the security was accepted.
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RESOLUTION MO. 1734
A RESOLUTION OF THE CITY' COUNCIL OF THE
CITY OF CARLSBAD GIVING NOTICE OF
PROPOSED ANNEXATION AND SETTING PROTEST
HEARING REGARDING "SOUTH CARLSBAD
ANNEXATION NO. 1.7."
Be it resolved by the City Council of the City of Carlsbad
as follows:
1. The City Council of the City of Carlsbad has received
a written petition requesting annexation to the City of Carlsbad
of certain property located in the County of San Diego, State of
California, more particularly described on Exhibit "A" attached
hereto and by this reference incorporated herein. Said
property proposed to be annexed is hereby designated "SOUTH CARLSBAD
ANNEXATION NO. 1.7."
2. The City Council of the City of Carlsbad will on
July 7, 1970, at 7:30 p.m., at the City Council Chambers at
1200 Elm Avenue, Carlsbad, California, hold a public hearing to
hear and consider the written protests against the said proposed
annexation made by any person owning real property within the
territory proposed to be annexed.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
City Council held May 19, 1970, by the following vote, to wit:
AYES: Mayor Dunne, Cmn. McComas, Jardine, Castro and Lewis.
NOES: None.
ABSENT: None.
DTIM. DUNNE, Mayor
of the City of Carlsbad
Carlsbad, California
ATTEST
MARGARET E. ADAMS ^
City plerk
£
THAT PORTION OF SECTION 28'AND 29, TOWNSHIP 12, SOUTH
RANGE 4 WEST, IN THE COUNTY OF SAN. DIEGO, STATE OF CALIFORNIA
DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTH ONE QUARTER CORNER OF SAID SECTION
28; THENCE SOUTH 0°12'05" EAST ALONG THE NORTH SOUTH QUARTER
LINE OF SAID SECTION, 4079.77 FEET TO THE NORTHWEST CORNER
OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 28; THENCE SOUTH 89°49'23" EAST ALONG THE NORTHERLY
LINE OF SAID SOUTHWEST QUARTER ' 204„17 FEET; THENCE'SOUTH
23°43'45" EAST 652.18 FEET; THENCE SOUTH 17°19'55" EAST
477.91 FEET; THENCE SOUTH 18°21'17" WEST 322.26 FEET TO
THE SOUTH LINE OF SAID SECTION 28; THENCE NORTH 89°52'13"
WEST ALONG THE SOUTH LINE OF SAID SECTION 28 A DISTANCE OF
241.94 FEET TO TILE EASTERLY LINE OF THE LAND CONVEYED TO
THE STATE OF CALIFORNIA AND DESCRIBED IN THAT CERTAIN FINAL ' „
ORDER OF CONDEMNATION UNDER SUPERIOR COURT CASE NO. 252112,
RECORDED JULY 18, 1963 AS FILE NO. 125935; THENCE ALONG SAID
EASTERLY LINE NORTH 33°24'51" WEST 489.31 FEET; THENCE NORTH
30°56<02" WEST 316.24 FEET TO THE NORTHERLY LINE OF THE
SOUTH HALF OF THE SOUTH HAL? OF THE SOUTHWEST QUARTER OF SAID
SECTION 28; THENCE ALONG SAID NORTHERLY LINE, NORTH 89°57'53"
WEST 2384.70 FEET TO THE EASTERLY LINE OF TIE ATCHISON TOPSXA
AND SANTA FE RAILROAD COMPANY RIGHT OF WAY, 200.00 FEET
WIDE; THENCE ALONG SAID EASTERLY LINE NORTH 21°08'32" WEST
.319.46 FEET TO THE EASTERLY PROLONGATION OF THE SOUTHERLY
LINE OF THE NORTH ONE THIRD OF LOT 4 OF SAID SECTION 29;
THENCE ALONG SAID EASTERLY PROLONGATION AND THE SOUTHERLY
LINE OF SAID NORTH ONE THIRD, NORTH 89°49>50" WEST 779.84
• FEET TO THE EASTERLY LINE OF PARCEL 5 A AS CONVEYED TO
THE STATE OF CALIFORNIA AND DESCRIBED IN THAT CERTAIN
FINAL ORDER OF CONDEMNATION UNDER SUPERIOR COURT CASE NO.
165983, RECORDED MARCH 21, 1932 IN BOOK 93, PAGE 269 OF
OFFICAL RECORDS OF SAID COUNTY; THENCE ALONG THE EASTERLY
LINE OF SAID PARCEL 5 A, NORTH 19°49'15" WEST 3174.15
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY
AND HAVING A RADIUS OF 19,846.00 FEET; THENCE NORTHERLY
ALONG SAID CURVE AN ARC DISTANCE OF 131.43 FEET THROUGH
A CENTRAL ANGLE OF 0022'46" TO THE NORTH LINE OF LOT 2
OF SAID SECTION 29; THENCE ALONG THE NORTH LINE OF SAID
LOT 2, SOUTH 89058'30" EAST 466.01 FEET TO THE WESTERLY
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32
ORDINANCE NO. 1122
AN ORDINANCE OF THE CITY OF CARLSBAD APPROVING ANNEXATION TO THE CITY OF
TED "SOUTH CARLSBAD ANNEXATI'ON NO. 1.7" CARLSBAD OF CERTAIN PROPERTY DESIGNA-
The City Council of the City of Carlsbad does ordain as
follows:
SECTION 1. That it does hereby find and declare that all re-
quirements of law necessary to the adoption of this Ordinance pur-
suant to California Government Code Section 35314, have been com-
plied with.
SECTION 2. 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, more particularly des-
cribed on Exhibit "A" attached hereto and by this reference incor-
porated herein, which said property is hereby designated "South
Carlsbad Annexation No. 1.7".
SECTION 3. EFFECTIVE DATE: This Ordinance shall take effect
and be in force on the thirty-first day from and after its adoptio
SECTION 4. PUBLICATION. The City Clerk of the City of Carls-
bad is hereby directed to cause this Ordinance to be published
once in the Carlsbad Journal, a newspaper published and of general
circulation in said City of Carlsbad.
First read at a regular meeting of the City unci1 held on th
7th of July, 1970, and finally passed, approved and adopted at a
regular meeting held on the 21st day of July, 1970, by the follow-
ing vote, to wit:
AYES : Mayor Dunne, Councilman McComas, Jardine, Castro and
NOES : None. Lewis.
ABSENT: None,
Carlsbad, California
ATTEST:
.. *-
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. THAT PORTION OF SECTION 28 'AND 29, TOWNSHIP 12, SOUTH
., IIANGE 4 WEST, IN THE COUNTY OF SAN-DIEGO, STATE OF CALIFORNU
DESCRIBED AS FOLLOWS;
.. BEGINNlNG AT THE NORTH ONE QUARTER CORNER OF SAID SECTION
28; THENCE SOUTH 0'12'05" EAST ALONG THE NORTH SOUTH QUARTER ... .. .. . . _.
I .- LINE OF SAID SECTION, 4079.77 FEET TO THE NORTIIWEST CORNER
. .- OF THE SOUTHt7EST QUARTER OF THE SOUT€EAST QUARTER OF SAID
.. .. . SECTION 28; TiiENCE SOUTH 89O49'23" EAST ALONG TEIE NORTHERLY
.. .._ LINE OF SAID SOUT€ii.JEST QUARTER -204,17 FEET: THENCE 'SOUTH . 23O43'45" EAST 652.18 FEET; THENCE SOUTH 17°19'55" EAST
477.91 FEET: THENCE SOUTH 18'21'17" WEST 322.26 FEET TO THE SOUTH LINE OF SAID SECTION 28; THENCE EORTH 89O52'13" . ..
1- WEST ALOISG THE SOUTH LINE OF SAID SECTIOX 28 A DISTANCE OF .. *. - 241.94 FEET TO THE EASTEXLY LINE OF THE LAKD CONVZYED TO
THE STATE OF CALIFORNIA AND DESCRIBED IN THAT CERTAIN FINAL - ~ I- -. ORDER OF CONDEMNATION UNDER SUPERIOR COURT CASE NO. 252112,
.. RECORDED JULY 18, 1963 AS FILE NO. 125935; THENCE ALOSG SAID ..
EASTERLY LINE NORTH .33 "24'51" WEST 489.31 FEET; THENCE NORTH 30°56'02" WZST 316.24 FEET TO TKE NORTHERLY LINE OF lXE
SOUTH HALF OF TEE SOUTH HALF OF THE SOUTI37EST QUARTER OF SAID
.- . SECTION 28: THENCE ALONG SA23 NORTHERLY LINE, NORTH 89O57'53"
AND SAFTA FE RATLROhD COX?XLXY RIGHT OF WAY, 200.00 FEET
WIDE; THENCE ALONG SAID EASTERLY LINE NORTil 21°08'32" WEST
--.319.46 FEET TO TEE EASTEXLY PROLONGATION OF TiiE SOUTI%RLY -'
LINE OF TIHE NOIITH ONE THIRD OF LOT 4 OF SAID SECTION 29;
.. THENCE ALONG SAID EASTERLY PXOLONGATTON AND TE SOUTHXRLY
LINE OF SAID NOXTH ONE TEIRD, NORTH 89'49'50" WEST 779.84
mST 2384.70 FEST TO THE EASTERLY LINE OF TiE ATCHISON TOTE= , . .*_... - - -: - ..
. ' ._
..
. . FEET TO TEE EAS'TT3RLY LINE OF PARCEL 5 A AS CONVEYED TO .. ~.
.. THE STATE OF CALIFORNIA AND DESCRIBED I3.TEAT CERTAIN FINAL ORDER OF CUXDZXXATION UWDER SUPERIOR COURT C9SE NO.
.. - 165983, RECORDED YiARCH 21, 1932 IN BOOK 93, PAGE 269 OF
.. - . .. OFFI~L RECORDS OF SAID COUNTY; THENCE ALOXG THE EASTERLY
FEET TO THE BEGINXING OF A TAKGENT CURVE CONCAVE EASTERLY
AND WVING A RADIUS OF 19,846.00 FEET; TEXCE NORTHERLY
. -. . ALOXG SAID CURE AN ARC DISTAXCE OF 131.43 FEET THXOUGH A CENTRAL AKGLE OF 0'22 '46'l TO THE: NORTH LINE OF LOT 2
OF SAID SECTION 29; YBXCZ ALOXG THE NORTH LINE OF SAID
' LIKE OF SAID PARCEL 5 A, NORTH 19'49'15" WEST 3174.15 ..
.. .. ..
- .LOT 2, SOUTH 89u58'308' EAST 466.01 FEET TO TEE WESTERLY . ... 4 __ .. .. ': OF THE ELALF OF THE NORTHEAST QUARTER OF SAID SECTION ._ . 29; THENCE ALONG SAID PtTSTERLY LINE NORTH oOO~*~OII ?TEST .. 1362*45 FEET TO TEE NORTE~EST CORNER OF THE EAST EiALF ._ . . . OF' TEE fi'RTEEAST QZART'EX OF SAID, SEC'i'iO>< 29; TZENCE ALOxG THE
1361*98 FEET TO TE.3 NORTEZAST CO,PbTP, OF SAID SECTIO?T 29;
..
LINE OF SAID SECTION 2:, NORTH 89058'2011 EAST ..
. ALoxG 'RE NOIXTH LIkE OF SAID SECTION 28, souTFf , ..
. 89040'20" EAST 2725.08 FEET TO Tm POINT OF BEGI-LIxG, .. .. .
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Item 6
Ref: CA70-5
RESOLUTION OP LOCAL AGENCY FORMATION COMMISSION
APPROVING A PROPOSED ANNEXATION OF TERRITORY
,TO THE CITY OF CARLSBAD
(H. B. DEVELOPMENT CO. ANNEXATION)
On motion of Commissioner Morgan ._., seconded by Commissioner
S die Idle- , the following resolution is adopted:
WHEREAS, an application for approval of a proposal for the
initiation of proceedings for the annexation of territory to the
City of Carlsbad (hereinafter referred to as
the City) has been filed with this Commission (Local Agency Forma-
tion Commission Reference No. CA70-5 ) as provided for by
Government Code Section 5^791; and
WHEREAS, the executive officer of this Commission has filed his
report relative to said proposed annexation, which report has been
reviewed and considered by this Commission; NOW THEREFORE . ,
BE IT RESOLVED THAT THIS COMMISSION HEREBY FINDS, DETERMINES
AND ORDERS as follows:
1. The Commission finds and determines that:
(a) The hearing was held on the date set therefor and due
notice of said hearing was given in the manner re-
quired by law.
(b) At the hearing the Commission called for, heard and
considered all interested parties and read and con-
sidered the report of the executive officer.
(c) The territory proposed to be annexed (hereinafter
referred to as the Territory) is as described in
Exhibit A attached hereto.
(d) The description of the boundaries of the Territory to
be annexed is definite and certain.
T
c o
(e) The description of the boundaries of the Territory
—— conform(s) to lines of assessment and owner-
ship.
2. The Territory proposed to be annexed is hereby designated
the H. B. DEVELOPMENT CO. ANNEXATION .
3. The conditions to which this approval is subject, if any,
are as stated on Exhibit NONE attached hereto and incorporated
herein.
*J. The Commission hereby approves the proposed annexation
subject to the conditions, if any, stated on said Exhibit attached
hereto and the proponents of such proposal are authorized to
initiate annexation proceedings in compliance with this resolution.
5. The executive officer of this Commission is directed to
mail and file certified copies of this resolution as required by
law.
DLCrDBL.
PASSED AND ADOPTED by the Local Agency Formation Commission
of the County of San Diego this 4th day of May, 1970, by the
following vote:
AYES: Commissioners Hartman, Morgan, Scheidle, Doan,
and Kratka
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAINING: Commissioners None
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO )
I, ROBERT L. SMALL, Executive Officer of the Local Agency
Formation Commission of the County of San Diego, State of
California, hereby certify that I have compared the fore-
going copy with the original resolution adopted by said Com-
mission, at its regular meeting on May 4, 1970^ which original
resolution is now on file in my office; that same contains a
full, true and correct transcript therefrom and of the whole
thereof.
Witness my hand and seal tferis 4\th day of April, 1970.
\LL, Executive Officer
Local Agency Formation Commission
County of San Diego
SALKIN ENGINEERING CORPORATION
11O7 EAST CHAPMAN AVENUE • SUITE 2O1
ORANGE. CALIFORNIA 92667
(714) 633-7261
NOVEMBER 24, 1969
LEGAL DESCRIPTION OF CARLSBAD PROPERTY FOR H.
COMPANY.
B. DEVELOPMENT
THAT PORTION OF fiECTION 28'AND 29, TOWNSHIP 12, SOUTH
RANGE 4 WEST, IN THE COUNTY OF SANJDIEGO, STATE OF CALIFORNIA
DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTH ONE QUARTER CORNER OF SAID SECTION
28; THENCE SOUTH 0°12'05" EAST ALONG THE NORTH SOUTH QUARTER
LINE OF SAID SECTION, 4079.77 FEET TO THE NORTHWEST CORNER
OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 28; THENCE SOUTH 89°49'23" EAST ALONG THE NORTHERLY
LINE OF SAID SOUTHWEST QUARTER:204.17 FEET; THENCE'SOUTH
23°43'45" EAST 652.18 FEET; THENCE SOUTH 17°19'55" EAST
477.91 FEET; THENCE SOUTH 18°21'17" WEST 322.26 FEET TO
THE SOUTH LINE OF SAID SECTION 28; THENCE NORTH 89052'13"
WEST ALONG THE SOUTH LINE OF SAID SECTION 28 A DISTANCE OF
241.94 FEET TO THE EASTERLY LINE OF THE LAND CONVEYED TO
THE STATE OF CALIFORNIA AND DESCRIBED IN THAT CERTAIN FINAL ~
ORDER OF CONDEMNATION UNDER SUPERIOR COURT CASE NO. 252112,
RECORDED JULY 18, 1963 AS FILE NO. 125935; THENCE ALONG SAID
EASTERLY LINE NORTH 33024'51" WEST 489.31 FEET; THENCE NORTH
30°56'02" WEST 316.24 FEET TO THE NORTHERLY LINE OF THE
SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID
SECTION 28; THENCE ALONG SAID NORTHERLY LINE, NORTH 89°57'53"
WEST 2384.70 FEET TO THE EASTERLY LINE OF TIE ATCHISON TOPEKA
AND SANTA FE RAILROAD COMPANY RIGHT OF WAY, 200.00 FEET
WIDE; THENCE ALONG SAID EASTERLY LINE NORTH 21°08'32" WEST
319.46 FEET TO THE EASTERLY PROLONGATION OF THE SOUTHERLY
LINE OF THE NORTH ONE THIRD OF LOT 4 OF SAID SECTION 29;
THENCE ALONG SAID EASTERLY PROLONGATI ON AND THE SOUTHERLY
LINE OF SAID NORTH ONE THIRD, NORTH 89°49'50" WEST 779.84
FEET TO THE EASTERLY LINE OF PARCEL 5 A AS CONVEYED TO
THE STATE OF CALIFORNIA AND DESCRIBED IN THAT CERTAIN
FINAL ORDER OF CONDEMNATION UNDER SUPERIOR COURT CASE NO.
165983, RECORDED MARCH 21, 1932 IN BOOK 93, PAGE 269 OF
OFFICAL RECORDS OF SAID COUNTY; THENCE ALONG THE EASTERLY
LINE OF SAID PARCEL 5 A, NORTH 19°49'15" WEST 3174.15
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY
AND HAVING A RADIUS OF 19,846.00 FEET; THENCE NORTHERLY
ALONG SAID CURVE AN ARC DISTANCE OF 131.43 FEET THROUGH
A CENTRAL ANGLE OF 0°22'46" TO THE NORTH LINE OF LOT 2
OF SAID SECTION 29; THENCE ALONG THE NORTH LINE OF SAID
LOT 2, SOUTH 89°58'30" EAST 466.01 FEET TO THE WESTERLY
Exhibit "A"
c
SALKIN ENGINEERING CORPORATION
1JO7 EAST CHAPMAN AVENUE • SUITE 2O1
ORANGE. CALIFORNIA 92667
(714) 633-7261
LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION
29; THENCE ALONG SAID WESTERLY LINE NORTH 0002'20" WEST
1362.45 FEET TO THE NORTHWEST CORNER OF THE EAST HALF
OF THE NORTHEAST QUARTER OF SAID^ SECTION 29; THENCE ALONG
THE NORTH LINE OF SAID SECTION 2.', NORTH 89°58'20" EAST
1361.98 FEET TO THE NORTHEAST CORNER OF SAID SECTION 29;
THENCE ALONG THE NORTH LINE OF SAID SECTION 28, SOUTH '
89°40'20" EAST 2725.08 FEET TO THE POINT OF BEGINNING.