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Home My WebLink About1970-07-15; City Council; 214; South Carlsbad Annexation No.1.8THE CITY OF Agenda Bill No. CARLSBAD, CALIFORNIA Date: July 15. 1970 Referred To:City Council Subject: Proposed annexation "South Carlsbad Annexation No. 1.8. Submitted By; City Clerk Statement of the Matter The City Council previously approved a pre-annexation zoning and the adoption of a master plan for the MACCO Corporation. 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 6th day of July, 1970. The owners of the property have now petitioned the City to approve the annexation of their property to the City of Carlsbad. Exhibits 1. 2. Resolution No. 1758, giving notice of proposed annexation. Ordinance No. 1127, approving annexation No. 1.8 Recommendations It is recommended that annexation proceedings be commenced by the City and that Resolution No. 1758 be adopted in order that a hearing can be held. AB NO.Date: .liily 15. 1970 City Manager's Recommendation Council Action 7-21-70 Resolution #1758, giving notice of proposed annexation was adopted in order that a hearing may be held. 10-6-70 First reading of Ord. #1127 approving annexation No. 1.8, amended to include removal if signs. 10-20-70 Ord. #1127 adopted by title only and further reading waived. -2- 3 4 5 6 9ji 10i i 11| 12 13' 14 15 20 21 22 23 24 26 271 28 30 31 32 RESOLUTION NO. 1758 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. 1.8 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 in Exhibit "A" attached hereto and by this reference incorporated herein. Said property proposed to be annexed is hereby designated "SOUTH CARLSBAD ANNEXATION NO. 1 .8" 2. The City Council of the City of Carlsbad will on September 1, 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 July 21, 1970, by the following vote, to wit: •« AYES: Mayor Dunne, Councilman McComas, Jardine, Castro and Lewis. NOES: None. ABSENT: None. ATTEST: D..M. DUNNE, Mayor of the City of Carlsbad Carlsbad, California MARGARET E. ADAMS City Clerk "W^**wa^SffW!!p»i»V, -.- <>f+:i**ft*3iivin&i&!S&,^*;*^4^$i^)&^. . '' o-VXyVXrfASk,.v/^. ;-.. 1-- f'.v.. . . .w ' f - v'- • J O ^ 1^^- 1 ORDINANCE NO.1127 2 ORDINANCE OF THE CITY OF CARLSSAD 3 APPROVING ANNEXATION TO THE CITY OF CARLSBAD OF CERTAIN PROPERTY DESIGNATED '0UTH CARLS SAO JUNEXATI ON NO . 1 . 8°. 5 The City Council of the City of Carlsbad dees ordain as D „ follows: SECTION 1. That 1t does hereby find and declare that. all requirements of lew necessary to the adoption of this Ordinance 1Q pursuant to California Government Code Section 35314, have been ..., complied w1tn. SECTION 2. That uoon the removal of all freeway signs from-"•"•' • * ~" -•"-•-••• ,., the subject property, that 1t does hereby approve the annexation to tiie City of Carlsbad of that certain real property located 1n 15 the County of San Diego, State of California, more particularly described on Exhibit "A* attached hereto and by this reference Incorporated herein, which said property Is hereby designated "iouth Carlsbad Annexation No. 1.6". 1Q SECTION 3. EFFECTIVE DATE: This Ordinance shall take J_ fc? "~™"•**•* "•*•" -»Ul- .«™ — —---- _-,„-.. . J~, .-. _., .... „._ n^». ^J.WJ»» . 2Q effect and be la force on the thirty-first day from and after Its adoption. SECTION 4. PUBLICATION. The City Clerk of the CUy of*""*™"™ " •"•*—*-" -•«-•- •-•'••.-— • • ••• -.—"-, --— —-..— --— ."- ....-..-»».. w CarlsDad 1s hereby directed to cause this Ordinance to be published once In the Carlsbad Journal, a newspaper published and of general circulation 1n said City of Carlsbad. 25 First read at a regular meeting of the City Council held 27 on the 6th of October, 1970, and finally passed, approved and 23 adopted at & regular meeting held on the 20th of October, 1970, 29 I by the following vote,, to wit: 30 31 ,iQES; 32 ABSENT: DAVID H. DUNNE, Mayor ATTEST: RAR6Aft£T"TT ADAMS", City C~Yerl (Seal) SOUTH CARLSBAD ANNEXATION All that unincorporated area in the County of San Diego, State of California, being a portion of La Costa Downs Unit No. i, according to Map thereof No. 2013, filed in the office of the County Recorder of San Diego County, April 6, 1927* and a portion of Sections 20 and 21 in the Township 12 South, Range 4 West, San Bernardino Base and Meridian, according to United States Government Survey, approved October 25, l875> and being more particularly described as a whole as follows: 1. Beginning at the Southwest corner of said Section 21, being shown on said Map No. 2013 as an angle point in the Southerly boundary of said Map No. 2013; thence along the Southerly boundary of said Map No. 2013, North 89°21!00" West (Record=S 89°58'20" West) 135-95 feet (State Hwy=135-82 feet) to the Northeasterly boundary of that portion of California State Highway Xl-SD-5 (Interstate 5) as described in Parcel 1 in deed to the State of California, recorded February 16, 1966, as File No. 27424, in the Recorder's Office of said county; 2. Thence along said Northeasterly boundary and prolongation thereof as follows: North 24°40!l8" West, 2140.96 feet (Record=2l4l.26 feet) to an angle point therein. 3. And North 28°l4'56" West, 326.28 feet (Record=323.49 feet) to the Northerly line of said Section 20, being a point on the Southerly boundary of Rancho Agua Hedionda as established by decree rendered under that certain action entitled "Kelly Investment Company vs Clarence Dayton Hillman, et al" in the Superior Court Case No. 16830, on file in the Office of the County Clerk of San Diego County. 4. Thence along the Southerly boundary of said Rancho Agua Hedionda South 89°26'04" East, 2,750.0 feet, more or less, to a point distant thereon North 89°50'30" West 1169.18 feet from the North and South center line of said Section 21. r - 5. Thence leaving said Southerly boundary South 0°00'40" East, 2089.84 feet. 6. Thence North %£j&^3*' West 75-00 feet. 7. Thence South 0C00'40" East 150.00 feet to the Southerly line of said Section 21. 8. Thence along said Southerly line and along the Southerly boundary of said Map No. 2013, North S9°00'04" West, (Record=North S9°40'20" West) 1484.32 feet to the POINT OF "BEGINNING. Approved by the Local Agency Fc.mation .Commission of San Diego JUL061970 Secretary of &»<J Commission EXHIBIT B affidavit of Publication STATE OF CALIFORNIA County of San Diego ss. OharljloR*, says that she is the Principal Clerk of The Carlsbad Journal, a weekly newspaper of general circulation, printed and published in the City of Carlsbad, County of San Diego, and State of California, and that the notice of which the annexed is a true copy, was published ^Q. times in said newspaper, commencing on the....3$&.. day of S«pt«aber • A.D. I9&..70-I namely on the following dates: NOTICE OF PROPOSED ANNEXATION NOTICE IS HEREBY GIVEN that a public hearing has been rescheduled for Resolution No. 1758, giving notice of pro-posed -annexation and setting protest hearing regarding "South Carlsbad Annexation No 1.8". The hearing has been rescheduled for October 6, 1970, at 7:30 p.m. at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at which time the Council will consider the written protests against said proposed annexa- tion made by any person own- ing real property within the territory proposed to be an- nexed. In accordance with Resolu- tion No. 1758, the property proposed to be annexed is described in Exhibit A attach- ed hereto and by this ref- erence, incorporated herein. DATED: August 26, 1970 CARLSBAD CITY COUNCIL RESOLUTION NO. 1758 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD GIVING NOTICE OF PROPOSED ANNEXATION AND SETTING PROTEST HEARING REGARDING "SOUTH CARLSBAD ANNEX - TION NO. 1.8 ' Be it resolved by the City Council of the City of Carls- bad 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 in Exhibit "A" attached hereto and by this reference incor- otate of California, being a portion of La Costa Downs Unit No. 1, according to Map thereof No. 2013, filed in the office of the County Recorder of San Diego County, April 6, 1927, and a portion of Sec- tions 20 and 21 in the Town- ship 12 South, Range 4 West, San Bernardino Base and Me- ridian, according to United States Government Survey, approved October 25, 1875, and being more particularly described as a whole as fol- lows: 1. Beginning at the Southwest corner of said Section 21, being shown on said Map No. 2013 as an angle point in the Southerly boundary of said ' Map No. 2013; thence along the Southerly boundary of said Map No. 2013, North 89 de- grees 21'00" West (Record equals'S 89 degrees 58'20" West) 135.95 feet (State Hwy. equals 135.82 feet) to the Northeasterly boundary of that portion of California State Highway Xl-SD^-S (Interstate 5) as ^described in .Parcel 11 in deed tovthe State of Cali- fornia, recorded February 16,1966, as File No. 27424, in the Recorder's Office of said county; 2. Thence along said North- easterly boundary and pro- longation thereof as follows: North 24 degrees 40'18" West, 2140.96 feet (Record, equals2141.26 feet) to an angle .point therein. 3. And North 28 degrees 14' 56" West, 326.28 feet (Rec- rod equals 323.49 feet) to the Northerly line of said Section 20, being a point on the Southerly boundary of Ran- •34 cho Agua Hedionda as estab- lished by decree renderedun- Signed at Carlsbad, California this day of _ Ssjatamber.. , 194...7.0 ^f^"^^\I hereby declare unaer penalty/^? perjury that tlfe foc#3oinq,5s[ true^jand/cfltrrect. Principal Clerk der tftat certain action en- poratM »p«iB.^aio property tttled "Kelly Investment Com- prop&sed to be annexed is pany vs. Clarence Dayton Hill- hereby designated "SOUTH man» et al" to tne Superior C AR LSBAD ANNEXATION Court Case No- W830» ^ flle NO. 1.8." - in the Office of the County 2*. The City Council of the Clejk <* &"' Dtegif County. City of Carlsbad will on Sep- 4- Thence afon& tte Southerlytember 1, 1970, at 7:30 p.m., boundary of said Rancho Agua at the City Council ChW Hf**"8 South 8* **"»*«' bers at 1200 Elm Avenue, °4 East' 2'750«° feet» more Carlsbad, California, hold a or les^- to a P°lnt dlstant public hearing to hear and **}**e™ *****'??*!** "'consider the written protests 30 West 1169-18 feet from against the said proposed an- the Nort!l ^ South center nexation made by any person line of said Section 21. •.'• owning real property within 5> Tnence leaving said South- the territory proposed to be erly boundary South zero de-annexed, grees 00'40" East, 2089.84 PASSED, APPROVED, AND fee*.ADOPTED AT A regular 6. Thence North 89 degrees meeting of the City Council 00"04" West 75.00 feet, held July 21 1970 by the 7. Thence South zero degrees following vote to wit.- 00'40» East 150.00 feet to the AYES: Mayor Dunne, Coun- Southerly line of said Sec- cilmen McComas. Jardine, tion21. Castro and Lewis. 8«Thence alongsaidSoutherly NOES-None. line and along the SoOherly ABSENT: None boundary of said Map No. D.M. DUNNE, Mayor 2013, North 89 degrees 00' of the City of Carlsbad 04" West, {Record equals Carlsbad, California North 89 degrees 40»20"We?t) ATTEST- 1484.32 feet to the POINT OF MARGARET E. ADAMS BEGINNING. City Clerk Approved by the Local EXHIBIT B Agency FormationSOUTH CARLSBAD Commission of San Diego ANNEXATION 1.8 JUL06 1970 All that unincorporated area Porter D. Cremans in the County of San Diego. - ', Secretary of said Commission Pub: Sept. 3, 10, 1970 1, 2-iifidavit of Publication ss.STATE OF CALIFORNIA County of San Diego ? Charlice R. Dunne , says that she is the Principal Clerk of The Carlsbad Journal, a weekly newspaper of general circulation, printed and published in the City of Carlsbad, County of San Diego, and State of California, and that the notice of which the annexed is a true copy, was published _..?_n.?L. .times in said newspaper, commencing on day of .9?*«*?l?! , A.D. I*.IP., namely on th'e following dates: ORDINANCE NO. 1127 AN ORDINANCE OF THE CITY OF CARLSBADAPPROVING ANNEXATION TO THE CFTY OF CARLSBAD OF CERTAIN PROPERTY DESIGNATED "SOUTH CARLSBAD ANNEXATION NO. 1.8 ". , Dunne, Legal De< The City Council of the City of Carlsbad does ordain as follows:SECTION 1. That it does hereby find and declare that all requirements of law neces- sary to the adoption of this Ordinance pursuant to Cali- fornia Government Code Sec- tion 35314, have" been com- plied with.SECTION 2^ That jt, does hereby approve the annexa- tion to the City of Carlsbad of that certain real property located in the County of San Diego, State of California,more particularly described oft Exhibit "A" attacbedhere- to and by this reference in- corporated herein, which said property is hereby designated "South Carlsbad Annexation No. 1.8". "-SECTION 3. EFFECTIVE DATE: This Ordinance shall take effect and be in force on the thirty-first day from and • after its adoption, /SECTION 4. PUBLICA- TION: the. City Clerk of the City of Carlsbad is hereby directed to cause this Ordin- ance to be published once in the Carlsbad Journal, a news- paper published and of general - circulation in said City of Carlsbad.First read at a regular meeting of the City Council held on the 6th of October, 1970, and. finally passed, ap- proved and adopted at a regu- lar meeting held on the 20th of October, 1970* by the fol- lowing vote, to wit; AYES Councilmen McComas, Jardine, and Lewis. NOES: None v ABSENT: None./s/ D.M. DUNNE, Mayor of the City of Carlsbad ATTEST:f&l Margaret E. Adams, City Clerk (SEAL) Pub: Oct. 29, 1970 ..October...29Jl..._l§70. Signed at Carlsbad, California this .29th day of .9.P19M? , 198.Q... I hereby declare under penalty of perjury that the iafe'in is true aff3^ correct. Principal Clerk w Item 16 Ref: C RESOLUTION OP LOCAL AGENCY FORMATION COMMISSION APPROVING A PROPOSED ANNEXATION OF TERRITORY TO THE CITY OF CARLSBAD (SOUTH CARLSBAD ANNEXATION NO. On motion of Commissioner Morgan , seconded by Commissioner Scheidle , 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 Formation Commission Reference No.' CA70-24 ) 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 required 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 as originally described in the application for approval is as de- scribed in Exhibit A attached hereto. of the boundaries^Ji the'territerry as _ ~^>^ set forth in ExTTH&4t^A^>«r*not definite -and certain, but • such descript^»«**may be made~~3fr£442ite anj3"'certain if modif^e-Ctas set forth in Exhibit B he re£"t>*att ached, (d) The description of the boundaries of the territory as set forth in Exhibit A is not definite and certain, but such description may be made definite and certain if modified as set forth in Exhibit B hereto attached, which territory described in Exhibit B is hereinafter referred to as the Territory. (e) The description of the boundaries of the Territory conforms to lines of -assessment and ownership. (f) As provided in Government Code Section 54?90(g), the Commission waives the restrictions of Government Code Sections35002.3 and 35326 (which provide that territory shall not be annexed to a city if, as a result of such annexation, unincorporated land territory is completely surrounded by such city or by land territory of such city on one or more sides and the Pacific Ocean on the remaining sides), and finds that the application of the restrictions provided in said sections would be detrimental to the orderly development of the community and that •^ the area that would be enclosed by the annexation is so located that it cannot reasonably be annexed to another city or incorporated as a new city. 2. The Territory proposed to be annexed is hereby designated the SOUTH CARLSBAD ANNEXATION NO. 3. The conditions to which this approval is subject, if any, are as stated on Exhibit C attached hereto and incorporated herein. 4. The Commission hereby approves the proposed annexation subject to the conditions, if any, stated on said Exhibit attached hereto and the City of Carlsbad is authorized to initiate 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. -2- DLC'.DBL PASSED AND ADOPTED by the Local Agency Formation Commission of the County 'of San Diego this 6th day of July, 1970,, by the following vote: AYES: NOES: ABSENT: ABSTAINING: Commissioners Hartman, Morgan, Scheidle., and Doan Commissioners None Commissioners None 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 Commission, at its regular meeting on July 6, 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 se f July, 1970. Executive Officer Local Agency Formation Commission - County of San Diego Q :/. p :uth Carls; All that unincorporated area in the County of San Diego, State of California, being a portion of La Costa Downs Unit No. 1, according to Map thereof No. 2013, filed in the office of the County Recorder of San Diego County April 6, 1927 and a portion of Sections 20 and 21 in the Township 12 South, Range 4 West, San Bernardino Base and Meridian, according to United States Government Survey, approved October 25, 1875 and being more particularly described as a whole as follows: 1. Beginning at the Southwest corner of said Section 21, being shown on said Map No. 2013 as an angle point in the Southerly boundary of said Map No. 2013; thence along the Southerly boundary of said Hap No. 2013, North 89° 21I00" West (Record=S 89°58'20" West) 135.95' (State Hwy=135.82 Feet to the northeasterly boundary of that portion of California State Highway X1-5D-5 (Interstate 5) as described in Parcel 1 in deed to the State of California, recorded February 16, 1966, as File No. 27424. 2. Thence along said Northeasterly boundary and prolongation thereof as follows: North 24°40'18" West, 2140.96 feet (Record=2141.26 feet) to an angle point therein. 3. And North 28°14'56" West, 326.28 feet (Records=323.49 feet) to the Northerly line of said Section 20, being a point on the Southerly boundary of Rancho Agua Hedionda as established by decree rendered under that certain action entitled "Kelly Investment Company vs Clarence Dayton Hillman, et al" in the Superior Court Case No. 16830, on file in the Office of the County Clerk of San Diego County. 4. Thence along'the Southerly boundary of said. Rancho Agua Hedionda South 89°26I04" East, 2,750.0 feet,, more or less. S? '* 5. Thence leaving said Southerly boundary North QoOOf40" Waert, 2089,84 feet. 6. Thence North 89°00'04" West 75.00 feet. 7. Thence Ncrr'th 0°00l40n Welt 150.00 feet to the Southerly line of said Section 21, being also a point on the Southerly boundary of said Map No. 2013. 8. Thence along the Southerly boundary of said Map No. 2013, North 89°00'04" West, (record-North 89O40'20" West) 1484.32 feet to the Point of Beginning. NOTE: All of Blocks 9, 10, 11, 12, 13, 14, and 15 and Lots 1 to 7 inclusive, and Lots 8 to 17, inclusive, in Block 8, included within the above described property, having been excluded from said La Costa Downs Unit No. 1, by decree rendered under Superior Court Case No. 87499 on file in the office of the County Clerk of San Diego County and a Copy of said decree being recorded February 19, 1937 in Book 620, Page 213 of Official-Records. EXHIBIT LEGAL DESCRIPTION -O"th Carlsbad Annexation 1 All that unincorporated area in the County of San Diego, State of California, being a portion of La Costa Downs Unit No* 1, according to Map thereof No. 2013, filed in the office of the County Recorder of San Diego County April 6, 1927 and a portion of Sections 20 and 21 in the Township 12 South, Range 4 West, San Bernardino Base and Meridian, according to United States Government Survey, approved October 25, 1875 and being more particularly described as a whole as follows: 1. Beginning at the Southwest corner of said Section 21, being shown on said Map No. 2013 as an angle point in the Southerly boundary of said Map No. 2013; thence along the Southerly boundary of said Map No. 2013, North 89° 21'00" West (Record-5 89°58'20" West) 135.95' (State Hwy«135.82 Feet to the northeasterly boundary of that portion of California State Highway X1-5D-5 (Interstate 5) as described in Parcel 1 in deed to the State of California, recorded February 16, 1966, as File No. 27424. 2. Thence along said Northeasterly boundary and prolongation thereof as follows: North 24°40'18" West, 2140.96 feet (Record«2141.26 feet) to an angle point therein. 3. And North 28°14'56" West, 326.28 feet (Record»323,49 feet) to the Northerly line of said Section 20, being a point on the Southerly boundary of Rancho Ague Hedionda as established by decree rendered under that certain action entitled "Kelly Investment Company vs Clarence Dayton Hillman, et al" in the Superior Court Case No* 16830, on file in the Office of the County Clerk of Sen Diego County. 4. Thence along the Southerly boundary of said Rancho Agua Hedionda South 89026* 04" East, 2,750.0 feet,, more or less. „ -- —v, • . /H^sr SooxtT /^] 5. Thence leaving said Southerly boundary (North> Q°00I40«Y West, ,) 2089*84 feet. 6. Thence North 89°OQI04* Wast 75.00 feet. . 7. Thence JYorth 0O00* 40" (WesJ 150.00 feet to the Southerly line of said Section 21, being also a point on the Southerly boundary of said Map No. 2013, 8. Thence along the Southerly boundary of said Map No. 2013, North 89°00I04" West, (record-North 89°40'20H West) 1484.32 feet to the Point of Beginning. ,J NOTE: All of Blocks 9, 10, 11, 12, 13, 14, and 15 and Lots 1 to 7 inclusive, and Lots 8 to 17, inclusive, in Block 8, included within the above described property, having been excluded from said La Costa Downs Unit No. 1, by decree rendered under Superior Court Case No. 87499 on file in the office of the County Clerk of San Diego County and a Copy of said decree being recorded February 19, 1937 in Book 620, Page 213 of Official Records. LAFC c Ref: CA70-24 CONDITIONS (1) The description of the boundaries of the Territory be . . • modified so as to conform to the description as contained in Exhibit B attached hereto. EXHIBIT C