HomeMy WebLinkAbout1971-12-07; City Council; 591; South Carlsbad Annexation No.1.11THE CITY O F CARLSBAD,CALIF'ORNIA
Agenda Bill No.Date: December 7, 1971
'Referred To:
Subject:
South Carlsbad Annexation No. 1.11
(Beach Colony)
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 L. C. Guthrie, dated November 23, 1971.
c) Ordinance No. 1141 o.f the City of Carlsbad approving annexation.
Staff Recommendations
It is recommended that a first reading be given the attached Ordinance
AB NO .Date: December 7, 1971
City Manager's Recommendation
Counci1 'Ac tion
12-7-71 A first reading was given Ordinance #1141, approving'annexation to the City
of property designated '"South Carlsbad Annexation No. 1.11".
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Ref: CA71-36
RESOLUTION OF LOCAL AGENCY FORMATION COMMISSION
/APPROVING A PROPOSED ANNEX7\TION OF TERRITORY
TO THE CITY OF CARLSBAD
(SOUTH CARLSBAD ANNEXATION 1.11)
On notion of Commissioner Craven f seconded by Commissioner
e
Doan i the following resolution is adopted:
"IIEREAC, 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. CA71-36 ) as provided for by Government Code Section
54791; 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 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 such territory have given their
written consent to such annexation, as provided in Government
Code Section 54797.1.
2. The Commission approves such annexation without notice and
hearing and also approver, 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
conform(s) to lines of assessment and ownership.
fi, Thr> Tr>r"r.i -f-o.TV r>j~or'O<spr1 to h1"1 f|r»n<?XOC' is hCJ7ebw def?.lf^r5?.t'OCl the
SOUTH CARLSBAD ANNEXATION 1.11 .
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 and the City of Carlsbad _ij=L_
authorised to initiate annexation proceedings in compliance
with this resolution.
9. The executive officer of this Commission is directed to mail
and file ccrt.if.iod copies of this resolution ar. required by
law.
PASSED AND ADOPTED by the Local Agency Formation Commission of
the County of San Diego this 1st day of November, 1971, by the
following vote:
AYES: Commissioners Morgan, Doan, Craven, SchaidU. Pray,
Chapman and Mahr
NOES: Commissioners
ABSENT: Commissioners
ABSTAINING: Commissioners
*****
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
I, S. M. SCHMIDT, Executive Officer of the Local Agency Formation
Commission of the County 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
November 1, 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 1st day of November, 1971.
S. M. SCHMIDT, Executive Officer
Local Agency Formation Commission
County of San Diego
Parcel A 117, 245 sq. ft. 2.69 acres
South Carlsbad Annexation No. 1.11
That portion of land lying within Township 12 South,
Range 4 West, San Bernardino Meridian, in the County
of San Diego, State of California described as follows;
Beginning at a point on the West line of Section 33 in
said Township 12 South, Range 4 West, South 00° 01' 50"
East 1664.81 feet from the northerly corner thereof;
(1) Thence South 00° 01' 50" East 674.37 feet to an intersection
with the Mean High Tide Line of the Pacific Ocean as shown
on Record of Survey G5GI; (2) Thence South 17s 58' 42"
East 279.88 feet along said Mean High Tide Line to an intersection
with the southerly lot line of lot 6 shown on said Record
of Survey 6561 as extended; (3) Thence North 60° 21' 05"
East 204.96 feet along the southerly line of said lot 6 to an
intersection with the westerly right of way line State Highway
right of way as described in Deeds to the State of CaliBbrnia
recorded July 23, 1926, in book 1258, page 1 of Deeds, Records
of San Diego County; and April 9, 1935 in book 393, page 200
of Official Records of said County, and April 9, 1935 in book
385, page 451 of Official Records of said County; (4) Thence North
17° 31' 00" West 880.00 feet to the point of beginning.
NOTE: The above description is that portion of privately
owned property proposed to be annexed.
Ref: CA71-36
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 27, 1971, and November 2, 1971,
and which specifies that the City agrees that water service
to the annexation shall be supplied by District from existing
water system facilities of the District.
EXHIBIT B
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the Local Agency Formation
imi-oion of San Diego
Secretary of said C.-
Parcel B (224,830 sq. ft. 5.16 acres)
South Carlsbad Annexation 1.11
That portion of State Highway Route 101 lying within Township 12
South, Range 4 West, San Bernardino Meridian, in the County of San
Diego, State of California, as described in Deeds from John M.
Metcalf et. al. to the State of California, recorded on June 23,
1954, in Book 5130, Page 473, Official Records of San Diego
County, described as follows:
Beginning at a point on the west line of Section 33 in said
Township 12 South, Range 4 West, South 00° 01' 51" East 1664.81
feet from the Northerly corner thereof, said point being the
intersection of said West line of said Section 33 and the Westerly
right of way line of said State Highway Route 101, 264 feet wide,
(4) Thence South 17° 31' 00" East 880.00 feet along said Westerly
line of said State Highway to an intersection with the Southerly
line of Lot 6, as shown on Record of Survey 6561; (7) Thence North
60° 21' 05" East 270.03 feet to a point on the Easterly line of the
beforementioned State Highway Route 101; (6) Thence North 17° 31'
West 823.25 feet along said Easterly line of said State Highway to
a point on the boundary line of the City of Carlsbad, said point lying
North 72° 29' East 264.00 feet from the point of beginning; (5)
Thence South 72° 29' West 264.00 feet to the Point of Beginning.
NOTE: The above description is that portion of the property
proposed to be annexed designated "State Highway Route 101"
Intro Leisure, Incorporated
819 North Harbor Drive
Redondo Beach
California 90277
376-6926
November 23, 1971
City Council
City of Carlsbad
1211 Elm Avenue
Carlsbad, California
Attn: Margaret Adams
City Clerk
Re: South Carlsbad Annexation 1. 11
Gentlemen:
It is my understanding that the Local Agency Formation
Commission has approved the annexation of our property
to the City of Carlsbad.
As representative of all the owners of this property, it
is requested that you formally approve this annexation
at your earliest convenience.
Very truly yours,
L. C. Guthrie, Jr.
LCG:mvz
cc: Bob Anderson
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ORDINANCE NO. 1141
AN ORDINANCE OF THE CITY OF CARLSBAD
•APPROVING ANNEXATION TO THE CITY OF
CARLSBAD OF CERTAIN PROPERTY DESIGNAT-
ED "SOUTH CARLSBAD ANNEXATION NO. 1.11".
The City Council of the City of Carlsbad does ordain as
fol1ows:
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. 1.11".
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 of the
City of Carlsbad 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.
29
; D'UNNE, Mayor of the
City of Carlsbad, California
31 ATTEST:
32
. ADAMS,City d/lerk
(SEAL)'
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02 /.^proved'liy the Local Apency Formation
Commission of San Diego
MOV 01 1971
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Secretary of said Commiu-oion.
South Carlsbad Annexation 1.11
.(342,075 sq. ft. 7.85 acres)
That portion of land lying within Township 12 South, Range 4 West,
San Bernardino Meridian, in the County of San Diego, State of
California, described as follows:
Beginning at a point in the West line of Section 33 in said
Township 12 South, Range 4 West, South'00° 01' 50" East 1664.81
feet from the Northerly corner thereof;
(1) Thence South 00° 01' 50" East 674.37 feet to an intersection
with the Mean High Tide Line of the Pacific Ocean, as shown on
Record of Survey 6561; (2) Thence South 17° 58' 42;' East 279.88 feet
along said Mean High Tide Line to an intersection with the Southerly
lot line of Lot 6 shown on Record of Survey 6561 extended; (3) Thence
North 60° 21' 05" Eart 204.96 along the Southerly lot line of said
Lot 6 to an intersection with the westerly right of way line of
State Highway 101, as described in Deeds to the State of California
recorded July 23, 1926, in Book 1258, Page 1 of Deeds, Records of
San Diego County; and April 9, 1935, in Book 393, Page 200 of Offi-
cial Records of said County, snd April 9, 1935, in Book 385, Page 451
of Official Records of said County; (7) Thence North 60° 21' 05" East
270.03 feet in the right of v:ay of said State Highway, as described
as Parcel Number 2851 in Deecs from John M. Mctcalf et. al. to the
State of California, recorded on June 23, 1954, in Book 5130, Page
473, Official Records of San Diego County; (6) Thence North 17° 31'
West 823.25 feet along the Easterly right of way line of said State
Highway to a point on the boundary line of the City of Carlsbad,
said point lying North 72° 29' East 264.00 feet from the Point of
Beginning; (5) Thence South 72° 29' West 264.00 feet to the Point
of Beginning.
MOTE: The above description encompasses the entire parcel of
land proposed to be annexed.
by tli.i Lfx^l A.-.oncy r o; •n-j-j 3.1
irui'ihn of tan Dicjjo
flOVOl 197!
» ^...v-., of vrt Coinrrl;.' .1EXHIBIT A
Affidavit of Publication
ss.STATE OF CALIFORNIA \
County of San Diego I
_...%rpthy..de..£ourcy_ . , 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 _...*. times in said newspaper, commencing on the "^"l"1
day of £??«!*?£ , A.D. I9CLL., namely on the following dates:
ORDINANCE NO. 1141
AN ORDINANCE OF THE
CITY OF CARLSBAD AP-
PROVING ANNEXATION TO
THE CITY OF CARLS BAD
OF CERTAIN PROPERTY
DESIGNATED"SOUTH
CARLSBAD ANNEXATION
NO. 1.11".
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 nec-
essary to the adoption of this
Ordinance pursuant to Cali-
fornia Government Code Sec-
tion 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 par-
ticularly described on Ex-
hibit "A" attached hereto and
by this reference incorpo-
rated herein, which said pro-
perty is hereby designated
"SOUTH CARLSBAD AN-
NEXATION NO. 1.11".
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 Ordi-
nance to be published once in
the Carlsbad Journal, a news-
paper published and of general
circulation in said City of
Carlsbad.
Legal Decree No. 172342
December JOR 1971
Signed at Carlsbad, California this .
day of ?e.?«lue.*! , I'
I hereby declare under penalty of perjury
that/Hve foregoing is true ajjd correct.
Xc.
^£ .(...^.i*;.l.^i..^l
Principal Clerk
First read at a regular
meeting of the City Council of
the City of Carlsbad held on
the 7th day of December, 1971,
and finally passed, approved
and adopted at a regular meet-
ing held on the 21st day of
December, 1971, by the fol-
lowing vote, to wit:
AYES: Cmn. Dunne, Mc-
Comas, Jardine, Castro and
Lewis.
NOES: None.
ABSENT: None.
DAVID M. DUNNE, Mayor of
'the City of Carlsbad, Cali-
fornia
ATTEST:
MARGARET E. ADAMS,
City Clerk
(SEAL)
South Carlsbad Annexation
1.11
342,075 sq. ft. 7.85 acres)
That portion of land lying
wttnin TowMBip 12 Sc*uth,
Range 4 West, San Bernardino
Meridian, IB the County
Diego, State of California, de-
scribed as follows:
Beginning at a point in the
West line of Section 33 in said
Township 12 South, Range 4
West, South 00 degrees 01'
50" East 1664.81 feet from the
Northerly corner thereof;
(1) Thence South 00 de-
grees 01' 50" East 674.37
feet to an intersection with the
Mean High Tide Line of the
Pacific Ocean, as shown on
Record of Survey 6561; (E)
Thence South 17 degrees 58'
42" East 279.88 feet along
said Mean High Tide Line to
an intersection with the South-
erly lot line of Lot 6 shown
on Record of Survey 6561 ex-
tended; (3) Thence North 60
degrees 21' 05" East 204.
96 along the Southerly lot line
of State Highway 101, as de-
scribed in Beeds to the State
of^California recorded July 23,
1926, in Book 1258, Page 1
of Deeds, Records of San Di-
ego County; and April 9, 1935,
in Book 393, Page 200 of Of-
ficial Records of said Coun-
ty, and April 9, 1935, in Book
385, Page 451 of Official Rec-
ords of said County; (7) Thence
North 60 degrees 21' 05"
East 270.03 feet in the right
of way of said State Highway,
as described as Pacel Num-
ber 2851 in Deeds irom John
M. Metcalf et. al. to tht state
of California, rcorded on
June 23, 1954, in Book 5130,
Page 473, Official Records
y of San Diego County; (6)
Thence North 17 degrees 31'
West 823.25 feet along the
Easterly right of way line of
said State Highway to a point
on the boundary line of the
City of Carlsbad, said point
lying North 72 degrees 29'
East 264.00 feet from the Point
of Beginning; (5) Thence South
72 degrees 29' West 264.00
feet to the Point of Beginning.
NOTE: The above de-
scription encompasses the
entire parcel of land pro-
posed to be annexed.
Approved by the Local Agency
Formation Commission of San
Diego
November 01, 1971
Porter D. Cremans
Secretary of said Commission