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HomeMy WebLinkAbout1970-05-19; City Council; 167; South Carlsbad Annexation No.1.7THE CITY OF CARLSBAD, CALIF' ORNIA + 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. -2- 2!I 4J •I*lv!i 81 iI9; 10! 11 12 ; 13 14 | 15 Ii 16 j 17 18 19 ! 20 21 i 22! | 23J 24; 25 ! 26' 2?; t 28 29 30 321 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 •I, ,. . . .\ 42- Y 4 4 t 4 f € 'i E 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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: .. *- +I .-. i . . 4 *-, c p *.. . 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, .. .. . -~ .. .. -. ... .. ._ 0. . .' .. !. .. .- ., - 4 .. .. .. - .. -. . _.. . . .. . . .- .. 6' .. .. .. . .. .. -_ . .. .. . -... . . ~. . . . . -_ .. .. .. .. .. .. -. .- . -. .. .. . .- .. _. .. . .. . . -- -. .. . 1. .. .. I. . *... .. . .. .. .- , -- ,. . . .. '. .. _. . .. *. 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.