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Home My WebLink About1971-12-07; City Council; 590; South Carlsbad Annexation No.1.10THE CITY O F CARLSBAD,CALIFORNIA Agenda Bill No Date: December 7, 1971 'Referred To : Subject: South Carlsbad Annexation No. 1.10 (San Diego- Gas & Electric Co.) Submitted By: City Clerk Statement of the Matter This matter has been before LAFCO and it has been approved subject to certain conditions being met. The Commission approved and authorized the City Council to annex such territory without notice and hearing, as .provided in Government .Code - Section 54797.1. Exhibit a) Resolution from LAFCO with attachments "A" and "B". b) Letter from San Diego Gas & Electric Co., dated November 23, 1971. c) Ordinance No. 1140 of the City of Carlsbad approving annexation. Staff Recommendations It is recommended that.a first reading be given the attached Ordinance AB NO.Da te :December 7, 1971 City Manager's Recommendation Counci 1 'Action 12-7-71 A first reading was given Ordinance #1140, approving annexation to the City of Carlsbad designated "South Carlsbad Annexation No. 1. 10". - 7/ a^-^ ^*^*xr"' "^^"^ /T ^L^^^^ ^/^t^-a^o &*&4*-£ fam*j*sKX* -2- KECEIVED NOV161971 G'TV CLERK'S OFFICEwy o CA71-33 RESOLUTION OF LOCAL ACEIICY FORMATION COMMISSION APPROVING A PROPOSED ANNEXATION OF TERRITORY TO THE CITY OF CARLSBAD (SOUTH CARLSBAD ANNEXATION 1.10) On notion of Commissioner Craw^ / seconded by Commissioner / the following resolution is adopted: WHEREAS, an application for approval of a proposal for tne 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. CA71-33 ) as providfid for by Governraont Code Section 547P3; and WHEREAS, the executive officer of this Coinmission has filed his report relative to said proposed annexation, which report has been reviewed and considered by this Corrjnission; NOW THEREFORE BE IT RESOLVED THAT THIS COMMISSION HEREBY FINDS, DETERMINES AND ORDERS as follows: 1. The application for annexation is signed by all of the owners of land within the territory proposed to be annexed, or is accompanied by proof, satisfactory to this Commission, that all of the owners within r-uch territory have given their written consent to such annexation, as provided in Government Code Section 5-1797.1. -I- r ,-• . ---.-.-r 2. The Commission approves such annexation without notice and"*" ". hearing and also approves and authorizes the legislative body of the City to annex such territory without notice and' hearing by the legislative body, and without an election, as provided in Government Code Section 54797.1. 3. The territory proposed to be annexed (hereinafter referred «' to as the Territory) is as described in Exhibit A attached hereto. 4. The description of the boundaries of the Territory to be annexed is definite and certain. 5. The description of the boundaries of the Territory _12ZII__ conform(s) to lines of assessment and ownership. 6. The Territory proposed to be annexed is hereby designated the SOUTH CARLSBAD ANNEXATION 1.10 . 7. The conditions to which this approval is subject, if any, are as stated on Exhibit B attached hereto and incorporated herein. 8. The Commission hereby approves the proposed annexation subject to the conditions, if any, stated on said Exhibit attached hereto find the City of Carlsbad is authorized to initiate annexation proceedings in compliance with this resolution. 9. The executive officer of this Ccrvunissicn is directed to mail and file certified copies of this resolution as required by law. PASSED AND ADOPTED by the Local Agency Formation Commission of the County of San Diego this 13th day of September, 1971, by the following vote: AYES: Commissioners Morgan, Do*n, Craven, Sch«ldl«, K»ra and Clmpi&AQ NOES: Commissioners lion* ABSENT: Commissioners H0IMI ABSTAINING: Commissioners * * * * ' STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) I, S. M. SCHMIDT, Acting Executive Officer of the Local Agency Formation Commission of the Coun.ty of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original resolution adopted by said Commission at its regular meeting on September 13, 1971, 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 this 15th day of September, 1971. Ui <=::^r d **4dL.-\J\A^. ««=_-> csAx VJU^CCAA~ S. M. SCHMIDT, Acting Executive Officer Local Agency Formation Commission County of San Diego MAP 823 - RHO AGUA HEDI 13 TAIL 1IN-100FT. - POR LOT F Ref: CA71-33 CONDITIONS The annexation of the Territory to the City of Carlsbad shall be subject to the terms and conditions of the Agreement between the City of Carlsbad and the Carlsbad Municipal Water District executed on October 29, 1971, and November 2, 1971, which 1. That the District agrees and City shall supply water service to the City service area delineated on Exhibit "A" of said Agreement. 2. That the City agrees and District shall supply water service to the District service area delineated on Exhibit "A" of said Agreement. EXHIBIT B tofc SAN DIEGO GAS & ELECTRIC COMPANY P. 0.80X1831 SAN DIEGO. CALIFORNIA 92112 LNF 010 November 23, 1971 Mrs. Margaret Adams City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Dear Mrs. Adams: Subject: SOUTH CARLSBAD ANNEXATION 1.10 It is my understanding that the Local Agency Formation Commission has approved the annexation to the City of Carlsbad of 50+ acres of land owned by San Diego Gas & Electric Company at the northeast corner of the "Upper Lagoon". This letter will be representation that San Diego Gas & Electric Company approves of the action taken by the Local Agency Formation Commission, and by this letter you are authorized to incorporate this property within the Carlsbad City Limits. rely, F. W. DeVore, Manager Engineering Land Department FWD:sic Phone 232-4252 Extension 1505 INVESTOR-OWNED BY MORE THAN 25.000 STOCKHOLDERS SOUTH CARLSBAD ANNEXATION NO. 1.10 All that portion of Rancho Agua Hedionda, in the County of San Diego, State of California, as shown on Partition Map thereof No. 823» filed in the office of the County Recorder of said County of San Diego, November 16, 1896, described as follows: 1. Beginning at the corner common to Lots "F", "H" and "I" of said Rancho Agua Hedionda, said corner being known as Point 6 of said Lot "F"; '2. Thence along the line common to said Lots "F" and "I" South 87° 25' 01" East, 2025-08 feet to the Northeast corner of the land described in Deed to San Diego Gas & Electric Company, a corporation, dated May 28, 1953 and filed June 16, 1953 as Document No. 30674 on Certificate No. 11778 Volume 29 in the Office of the Registrar of Titles, San Diego'County, California; 3. Thence along the Easterly line of said San Diego Gas & Electric Company's land South 6° 48' 36" West, 1218.96 feet to Point 8 of said Lot "F"; 4. Thence along the line common to said Lots "F" and "H" South 89° 29' 13" West, 1865-50 feet to Point 7 of said Lot "F"; 5. Thence along the line common to said Lots "F" and "H" North 0° 34' 51" West, 1318.39 feet to the POINT OF BEGINNING... ,_, . , .•- . ijj tne Local *t-ency Formation Commission of San Diego Containing 56.50 acres, more or less. SEP 13 197] Secretary of said Commission D&V.YN SKETCH fJO. EXHIBIT A 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 ORDINANCE NO. 1140 AN ORDINANCE OF THE CITY OF CARLSBAD APPROVING ANNEXATION TO THE CITY OF CARLSBAD OF CERTAIN PROPERTY DESIGNAT- ED "SOUTH CARLSBAD ANNEXATION NO. 1.10". 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 necessary to the adoption of this Ordinance pursuant to California Government Code Section 35314, have been complied 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 in- corporated herein, which said property is hereby designated "SOUTH CARLSBAD ANNEXATION NO. 1.10". 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. 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 circulation in said City of Carlsbad. First read at a regular meeting of the City Council held on the 7th day of December, 1971, and finally passed, approved and adopted at a regular meeting held on the 21st day of December, 1971 by the following vote, to wit: AYES: Cmn, Dunne, McComas, Jardine, Castro and Lewis. NOES: None. ABSENT: None. DAVID M. DUNNE, Mayor of the City of Carlsbad, California ATTEST: MARGARET E. ADAMS City Clerk (SEAL) /( I LEGAL DESCRIPTION FOR ANNEXATION PORTION ENCINA TO CARLSBAD All that portion of Rancho Agua Hedionda, in the County of San Diego, State of California, as shown on Partition Map thereof No. 823, filed in the office of the County Recorder of said County of San Diego, November 16, 1896, described as follows: 1. Beginning at the corner common to Lots "F", "H" and "I" of said Rancho Agua Hedionda, said corner being known as Point 6 of said Lot "F"; '2. Thence along the line common to said Lots "F" and "I" South 87° 25' 01" East, 2025-08 feet to the Northeast corner of the land described in Deed to San Diego Gas & Electric Company, a corporation, dated Kay 28, 1953 and filed June 16, 1953 as Document No. 30674 on Certificate No. 11778 Volume 29 in the Office of the Registrar of Titles, San Diego'County,. California; 3. Thence along the Easterly line of said San Diego Gas & Electric Company's land South 6° 48' 36" West, 1218.96 feet to Point 8 of said Lot "F"; 4. Thence along the line common to said Lots "F" and "H" South 89° 29' 13" West, 1865.50 feet to Point 7 of said Lot "F"; 5. Thence along the line common to said Lots "F" and "K" North 0° 34' 51" ._„, - .>» -.« -"«- * j.* 4. x ^^^V'-^taVy the Local Agency Formation Commission of San Diego Containing 56.50 acres, more or less. SEP 13 1971 Secretary of said Commission DRAWN BY-i;:v?y. CMrCKED SKE1CH NO. EXHIBIT A