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Home My WebLink About1970-07-15; City Council; 215; Proposed annexation "South Carlsbad No.1.9"5 b - THE CITY OF CARLSBAD, CALIF' OR NIA Agenda Bill No. ,/>> Date: July 15. 1970 Referred To: Ci ty Council Subject: , Submitted By:^ Proposed annexation "South Carlsbad City Clerk Annexation No. 15". Statement of the Matter The City Council previously approved a pre-annexation zoning and the adoption of a master plan for the Andrew McReynolds Mobile Home Park. He petitioned the local Agency Formation Commission for annexation of this property to the City of Carlsbad, -I which was approved by the Commission on the 6th day of July, 1970. The owner of the property has now petitioned the City to approve the annexation of .their property to the City of Carlsbad. Exhibit 1. Resolution No. 1759 giving notice of proposed annexation 2. Ordinance No. 1128, approving annexation 1.9 Staff Recommendations It is recommended that annexation proceedings be commenced by the City and that Resolution No. 1759 be adopted in order that a hearing can be held. AS wo. 215 Date: July 15, 1970 City Manager's Recommendation Council Action 7-21-70 Original Council motion of 6-16-70 to condemn the property was rescinded and Resolution #1759 giving notice of proposed annexation was adopted in order that a hearing can be held. 10-6-70 .Ord. #1128, approving annexation 1.9 given first reading. 10-20-70 Ord. #1128 adopted by title only and further reading waived. i; 2J i 3; 4| j5!ij 6! 7 8 9 10 11. 12 13 15 j 16 17 I 18 19 20 I 211 221| i 23! 24 RESOLUTION NO. 1759 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. 1.9 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. 1.9". 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. 26 27;i 28 I 29 i 30! 31! 32 i ATTEST: MARGARET EV ADAMS City Q/erk D. M. DUNNE, Mayor of the City of Carlsbad Carlsbad, California MC REYNOLDS ANNEXATION That portion of Lot "H" of 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 said County, November 1.6, 1896., described as follows: 1. Beginning at the Southeast corner of said Lot "H"; 2. thence North 0°32' West along the East line of Lot "H" 1558.90 feet to the boundary of the City of Carlsbad as established in the formation thereof by the Board of Supervisors on July 11, 1952, Item No. 5; 3. thence parallel with the Southerly line of said Lot "H" and along said City boundary South 89°59' West 29?4.66 feet more or less to the boundary of said City of Carlsbad as established by Ordinance No. 1056A adopted by the City Council of said City on January 7> 1958; 4. thence along said City boundary as established by said Ordinance No. 1056A, South 0°01' East 1558.90 feet to the South line of said Lot "H"; 5. thence along the South line of Lot "H" North 89°59' East 297^.66 feet more or less to the POINT OF BEGINNING. EXHIBIT A 1 2 AN ORDINANCE OF THE CITY OF CARLSBAD ORDINANCE NO. 1123 APPROVING ANNEXATION TO THE CITY OF CARLSBAD OF CERTAIN PROPERTY DESIGNATED "SOUTH CARLSBAD ANNEXATION NO. 1.9". SECTION 1. That It docs hereby find and declare that all re- quirements of law necessary to the adoption of this Ordinance pursuant to California Government Code Section 35314, have been complied with. SECTION 2. That upon the removal of all freeway signs from the subject property, that It does hereby approve the annexation to the City of Carlsbad of that certain real property located 1n the County of San Diego, State of California, more particularly described on Exhibit "A" attached hereto and by this reference In- corporated herein, which said property 1s hereby designated "South Carlsbad Annexation No. 1.9°. SECTION 3. EFFECTIVE DATE: This Ordinance shall take effect and be 1n force on the thirty-first day from and after Its adoption. SECTION 4. PUBLICATION: The City Clerk of the City of Carlsbad Is hereby directed to cause this Ordinance to be published once In the Carlsbad Journal, a newspaper published and of general circu- lation 1n said City of Carlsbad. First read at a regular meeting of the City Council held on the 6th of October, 1970, and finally passed, approved and adopted at a regular meeting held on the 20th of October, 1970, fay the following vote, to wit: AYES: Coundlmen Dunne, HcComas, Jardine. Castro and Lewis. NOES: None. ABSENT: None. 32 ATTEST: DUVID M. WNHT, Mayor MARGARET E. ADAMS, TTty Clerk (SEAL) L \ MC REYNOLDS ANNEXATION That portion of Lot "H" of 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 said County, November 16, 1896, described as follov/s: 1. Beginning at the Southeast corner of said Lot "H"; 2. thence North 0°32' West along the East line of Lot "H" 1558.90 feet to the boundary of the City of Carlsbad as established in the formation thereof by the Board of 'Supervisors on July 11, 1952, Item No. 5j 3. thence parallel with the Southerly line of said Lot "H" and along said City boundary South 89°59' West 297^.66 feet more or less to the boundary of said City of Carlsbad as established by Ordinance No. 1056A adopted • by the City Council of said City on January 7, 1958j 4. thence along said City boundary as established by said Ordinance No. 1056A, South 0°01' East 1558.90 feet to the South' line of said Lot "H"; 5. thence along the South line of Lot "H" North 89°59' East 297^.66 feet more or less to the POINT OP BEGINNING. EXHIBIT B A Hef: CA70-19 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. EX HI Jl TT C affidavit of Publication STATE OF CALIFORNIA County of San Diego ss. ....>......™.aim.Q. , 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 ....a&e.— times in said newspaper, commencing on the xiii. day of :.:r.,-...L-:.:;..^.2£ , A.D. I96ZLL, namely on the following dates: NOTICE OF PROPOSED ANNEXATION NOTICE IS HEREBY GIVEN that a public hearing has teen rescheduled for Resolution No. 1759 giving notice of pro- posed annexation and setting protest hearing regarding "South Carlsbad AnnexationNo. 1.9". The hearing has been rescheduled for Octo-ber 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 writ- ten protests against said pro- posed annexation made by any person owning real property within the territory proposed to be annexed. In accordance with Resolu- tion No. 1759, 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 CARLSBADCITY COUNCIL RESOLUTION NO. 1759 . A RESOLUTIONOFTHECITY COUNCIL OF THE CITY OF CARLSBAD (GIVING NOTICE: OF PROPOSED ANNEXATION AND SETTING PROTEST HEARING' REGARDING "SOUTH CARLSBAD ANNEX- ATION NO. 1.9" Be it resolved by the CityCouncil 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 Car 1s- bad of certain property lo- cated in the County of San Diego, State of California, -more- particularly Describe* in Exhibit "A" attached here, to and by this reference in- EXHIBIT "B" MC REYNOLDS ANNEXATION ' That portion of Lot "H" of Rancho Agua Hedionda, in the County of San .Diego. State of California, according to Mapthereof No. 823, filed in the Of- fice of the Count; Recorder of said County, November 16, 1896, described as follows: 1. Beginning at the Southeast corner of said Lot "H"; 2. thence North zero degrees 32' West along the East line of Lot "H" 1558.90 feet to the boundary of the City of Carlsbad as es- tablished in the formation thereo: by the Board 'of Supervisors on July 11, 1952, Item No. 5; 3. thence parallel with the Southerly line of said Lot "H" and along said City boundary South 89 degrees 59'West 2974,66 feet more or less to the boundary of said City of Carlsbad as established by OrdinanceNo. 1056A adopted by the City Council of said City on January 7,1958; 4. thence along said City boundary as established by said Ordinance No. 1056 A, South zero degrees 01' East 1558.90 feet to the South line of said Lot "H"; 5. thence along the South line of Lot "H" North 89 de- grees 59' East 2974.66 feet more or less to the POINT OF BEGINNING.EXHIBITC CONDltlONS (1) The description of the boundaries of the Terri- tory be modified so as to conform to the description as contained in Exhibit B attached hereto. Pub: Sept. 3, 10.1970 Signed at Carlsbad, California this .J_-_i.i.«.i, day of i.-.£....i.!L;.LuL..a.£. _ _ , 19j6..?Jrf I hereby declare under penalty ^6f perjury that the {0fe5o1ng is true^and correct. Principal Clerk 'jorporattd hereto. Said pro- perty proposed to te*nne«d is hereby designated "SOUTft CARLSBAD ANNEXATION NO. 1.9." 2. The City Council of tte City of Carlsbad will on Sep- tember 1, 1970, at 7:30 p.m., at the City Council Cham- bers at 1200 Elm Avenue, Carlsbad, California, held a public hearing to hear, and jonsider the written protests against'the said proposed an- nexation made by any. person: owning real property within the territory proposed to be annexed. PASSED, APPROVED, AND ADOPTED at a regular meet- ing of the-City Council held July 21, 1970, by the follow- ing vote, to wit: AYES: Mayor Dunne, Coun- cilman McQomas, Jardine, Castro and Lewis. NOES; None. ABSENT: None. D.M. DUNNE, Mayorof the City of Carlsbad , Carlsbad, California ATTEST: MARGARET E. ADAMS City Clerk Affidavit of Publication ss.STATE OF CALIFORNIA County of San Diego / Charliee 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 ....one— times in said newspaper, commencing on the..?.?1?™. day of .9?.*9.i?£ , A.D. I9S..1P, namely on th'e following dates: AN CITY tlNG GIFT CEBT. 1GNATED BAD 1.9" The City Council of theCity of Carlsbad does ordain as follows: SECTION 1. Thai 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, haw been com- plied with. -V,SECTION 2. Tug* jt'does hereby approve tbff a$n«a- Uon to the City of Carlstod' of that certain real property located in the County, of San Diego, State of California, more. particularly described oa ExWbit "A'» attached here- to and by this reference in- corporated terelB, which said property Is hereby designated, "South Carlsbid AnnexationNo; 1.9". •',-*• ACTION'S. EFFECTIVE DATE: This Ordinance shall take effect and be in force on the thirty-first day from and after its adoption.' SECTION 4. TION: Xbe , City of Carlfibud i* toreby 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, Legal Dei 1970« *•* finally passed, ap-proved and adopted at a regu-. lar meeting held BB the 20th of Octob<C 197Q, by U* fol-lowing vole, to wit: AYES: Councilman Dunne,McGomas, Jardine, Castro..andLewfc. NOES:3None. \ : •':. ABSENT: None, /s/ D.M. DUNNE, Mayor City of Carlsbad ATTEST: - W Margaret E. Adams City Clerk (SEAL) Pub: Oct. 29, 1970 .October 29A 1970 Signed at Carlsbad, California this day of _„..?...!.!...„.'.„. _ I hereby declare""^ nder penalty of perjury that tKe^toreqoinq/ifotpae and correct. Principal Clerk >< Item 15 Ref: CA70-19 RESOLUTION OP LOCAL AGENCY FORMATION COMMISSION APPROVING A PROPOSED ANNEXATION OF TERRITORY TO THE CITY OF CARLSBAD (McREYNOLDS ANNEXATION) 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.- CA70-1Q .) 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. (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 _22IZZIZZ_ conform(s) to lines of assessment and owner- ship. 2. The Territory proposed to be annexed is hereby designated the McREYNOLDS ANNEXATION 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 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. 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 his 6th day of July, 1970. BERT L. SMALL, Executive Officer Local Agency Formation Commission County of San Diego REFERENCE: "ENGINEER'S DESC." RHO AGUA HEDIONDA LOT "H" ANNEXATION DESC. THAT PORTION OF LOT "H" OF 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 SAID COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: 1. BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT "H"; 2. THENCE NORTH 0°32' WEST ALONG THE EAST LINE OF LOT 'H', 1558.90 FEET; 3. THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT "H", SOUTH 89°59' WEST 297^6 FEET MORE OR LESS TO THE NORTHWEST CORNER- OF LAND DESCRIBED'IN DEED TO ANDREW MCREYNOLDS, RECORDED DECEMBER 28, 1959 IN BOOK 8065, PAGE 255 OF OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO; *'; THENCE ALONG THE WEST LINE OF SAID MCREYNOLDS LAND, SOUTH 0°01* EAST 1558.90 FEET TO THE SOUTH LINE OF SAID LOT "H"; 5. THENCE ALONG THE SOUTH LINE OF LOT "H", NORTH 89°59' EAST 297*4.66 FEET MORE OR LESS TO THE POINT OF BEGINNING. WJG/KC fXHIBIT A c MC REYNOLDS ANNEXATION That portion of Lot "H" of 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 said County, November 16, 1896, described as follows: 1. Beginning at the Southeast corner of said Lot "H"; 2. thence North 0°32' West along the East line of Lot "H" 1558.90 feet to the boundary of the City of Carlsbad as established in the formation thereof by the Board of Supervisors on July 11, 1952, Item No. 5; 3. thence parallel with the Southerly line of said Lot "H" and along said City boundary South 89°59' West 2974.66 feet more or less to the boundary of said City of Carlsbad as established by Ordinance No. 1056A adopted by the City Council of said City on January 7, 1958; 4. thence along said City boundary as established by said Ordinance No. 1056A, South 0°01' East 1558.90 feet to the South' line of said Lot "H"; 5. thence along the South line of Lot "H" North 89*59' East 2974.66 feet more or less to the POINT OF BEGINNING. EXHIBIT "BIt-nil Ref: CA70-19 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 .yrovwJ hy IN Loc«« Agency Formation CommfMlon of S«n 0»«§o - / - JULUtt 1970 CX AGUA'-H£D'JQNDA , 2?"^ ' I "=1000' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 PETITION FOR ANNEXATION The undersigned property owner hereby makes application to the City of Carlsbad, California, for annexation to said City of the hereinafter described territory in accordance with the ANNEXATION OF UNINHABITED TERRITORY ACT of 1939 of the State of California. Said territory is uninhabited territory, and is situated in the County of San Diego, State of California. The undersigned petitioner is the owner of ALL of the land in the territory proposed to be annexed to the City of Carlsbad, by area, and by assessed value as shown on the last Equalized Assessment Roll of the County of San Diego in which the territory is situated. Said territory is bounded and more fully described on Exhibit "A", attached hereto and by this reference incorporated herein. NAME (Signature)RESIDENCE DATE SIGNED