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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". ^fL4^^^(/^^l^^ &tl^£*UJ i -2- 1 6 197? 7 07"V 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 oo CD LU Oz<Iu t~ ' '*\3u ii>- S kU1 v:s^ 4 "l *> ^ V t "] i i - \ r i4if1 !-f-H! i <_I_i.J_ III .... i n 1 ! --- -_. — ! : i _. r- 4 •I t I !i ...- n-i -| H ~rr-ti ifi 11...|._ iit . i -j i._!_ \9 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 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 •27 28 30 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)' O^ _ ^ S 1 «J UJo*d< u 5 i j.»-») -t vjjl Ib o!ioh'Ii •i- i -II \ \S t 02 /.^proved'liy the Local Apency Formation Commission of San Diego MOV 01 1971 UJ 3- ex.O asQ- IT I i 3= 3==T 3-tx. ce.i ioo co —CNI r^: ID 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