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HomeMy WebLinkAbout1973-11-07; City Council; 2194; Proposed East Carlsbad Annexation No. 2.17T'H E CITY OF CARLSBAD, C A L I F'O R N I A Agenda Bill No. a/-f3/ Date: November 7, 1973 -Ref erred To : Subject: Submi t ted By: Pro;osed "East Carl sbad Annexation City Clerk LA No. 2.17". a Statement of the :.latter w Sommers Development Corp. has submitted an application for the annexation of 81.6 acres of land. The property is east of El Camino Real, and the The application was approved by LAFCO on-September 17, 1973 by resolution, and in said resolution they approved and authorized the Legislative body of the City to annex such te'rritory without notice and hearing by the Legislative body, and without an election, as provided in Government Code Section 54797.1.. . north b.oundary is contiguous to El Camino Mesa subdivision. Exhi bi t 1. Application and consent to annex said property. 2. .Resolution adopted by LAFCO.' 3. ,Vicinity map. 4. Resolution No. 3a-q- o'f the City Council. Staff Recommendations to the City Manager If the Council chooses to annex this territory, adopt the attached resoluti.on' which has been prepared-for your consideration. .. . .. - .. AB No. Date: November 7, 1973 City Manager's Recommendation The City Council recently directed staff to take appropriate steps to annex the "doughnut" and the staff is taking definite steps in that direction, however, there were one or two already in process at that time and needed to be completed. This is the case in this East Carlsbad Annexation of 81.6 acres and, inasmuch as this proposed annexation got underway before the directive of the City Council was issued, it is recommended that this annexation be processed. Counci 1 Action 11-7-73 Resolution No. 3259 was adopted by title only,approving the Annexation of East Carlsbad Annexation 2.17. -2- I kef: 1 CA73-28 RESOLUTION OF LOCAL AGENCY FORMATION COMMISSION I APPROVING A PROPOSED ANNEXATION OF TERRITORY (EAST CARLSBAD ANNEXA TION N0.2.17) TO THE CITY QFCARLSEAD i On motion of Commissioner Morgan -9 seconded by Commis- ioner Kam , the following resolution is adopted: WHEREAS, an applicatim for zpproval cf a proposal for the initiation of proceedings for the annexation of territory to the \ l e City of Carlsbad (hereinafter referred to as 1 the City) has been filed with this Commission (Local Agency Formation Commission Reference No. EA73-28 -- ) 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 COMMISSLON HEREBY FINDS, DETERMINES AND ORDERS’W foiiows: 1. The application for annexation is signed by all of the owners of land within the territory proposed to be annexed, or is accompanied b;y proof, satisfactory to t this Commission, that all of. the owners within such territory have given their wcitten consent to such annexation, as provided in G ivenment Code Section 5/:-793.1. . .. -.. . . .. . . . . . - . . . ,_ . . . . ... - .. 'I . - . The Cornissic-. approves such annexation _-thout notice and hearing and also approves and authorizes the legislative body of the City to annex such territory without notice I 1 -1 j and hearing by the legislative body, and without an election, as provided in Government Code Section 54797.1. . The tenttar- proposed to be annexed (hereinafter referrcd I . to as the Territory) is as described in Exhibit A attached * hereto. i 4.i The description of the boundaries of the Territory to be -. . .. 1 .arihexed is^ definite and certain .. 5. The description of the boundaries of the Territory ------- ' confonn(s) to lines of assessment and ownership. 6. 'The Territory proposed to be annexed is hereby designated the . 7. The conditions to which this approval is subject, if any, are East Carlsbad No. 2 17 Annexation as stated on Exhibit none attached hereto and incorporated herein. 8. The Commission hereby approves the proposed annexation subject to the conditions, if any, stated cn said Exhibit attached hereto and the City of Carlsbad is. authorized to initiate annexation groceedings in compliance with this 1 esolution. 9. The executive officer of this Cmf-ssion is directed to mail .. and file certified copies of this ;-esolution as required by law. -2- PASSED AND ADOPTED by the Local Accncy Formakion Commission of the Comfy of San Diego this J7th day of September, 1973, by the fol lowing vote : AYES: Commissioners Pray, Chapman, Karn, Morgan NOES: Commissioners None . and Richardson * ABSENT: Commissioners Brown and Bear ABSTA I N I NG : Commissioners None ***** STATE OF CALIFORNIA ) COUNTY OF SAN DtEGO ) i 1, S. M. SCHMIDT, Executive Officer of the Local Agency Formation I I i! 1 Commission of the County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original resolution adopted 1: by said Commission at its regular meeting on September 17, 1973, which original resolution is now on file in my offi.ce; that same contains a full, true and correct transcript therefrom and of the whole thereof, Witness my hand and seal this 17th day of September, 1973. S. M.\SCHMIDT, Executive Officer Local Agency Formation Commission 'County of San Diego . .' Job No. 2479 El Camino Portals LEGAL DESCRIPTION MST CARLBAD ANNEXATION - 2.17 All that uninoorporated territory in the County of 3an Diego, State of California, being a portion of Lot I, Ranobo Agua Hedionda, in said County and State, according to Partition Map thereof No. 823, filed in the Oifioe of the County Reoorder of said San Diego County, November 16, 1886, being more partioularly desaribed as follows : 1. 2. 3. 4. 5. 60 7. 8. Beginning at a point in the Earterly boundary line of the City of Carlrsbad aa establirhed by the County Board of Suporviaora on July 11, 1952, said point biing in the Northerly line of aaid Lot I, and also in the Westerly line of El Cadno Real, a8 shown on Map of Road Survey No. 682 and 925, filed in the Offioe of the County Surveyor of said San Diego County: Theme from said point in an Easterly direation along said Nortberly line of Lot I, being also tho Uity Limit of Carlabad as establirhed b tlh@'Q&bh3~ 5whfrSPntbfdalp8mrisors in their more or leea, to the Westerly line of that oertain right of way deaoribed in deed to the $pa Diego Gas & Eleotrio Corn my, 148 of Official Re00 r line of which ia de- eoribed in dmed to t Electric Company, re- oorded June 16, 1966 . 9 Th-oe along aaid Westerly line South 26°07'00" East (Record South 26°08106" East) 2035.22 feet; Thence South 23°47f04" West 836.56 feet to a point which bears North 29O26'59" East 63.00 feet from Engineers Station 495+40.00 on the oentarline of El Camino Real, aooording to County Road Survey Map No. 1800-1, being also the canterline of Road Survey 682 and 925; Ordinance Bo. 10 8 5, ado$e@~''%?kbV&fB@r 19, 1963, 1547 feet, reoorded June 1, 1953 as Dbcumen'tF~lo. 74512 in Book 4 II 74, page Secretary of said Commission Thonoe South 29O26'59" West 63.00 feet to the said oeatsrline: Thenoe oontinuing South 29O26f59" West 30.00 feet to the West- erly line of said El Cadno Real aa shown on Map of Road Survey No. 682, being a180 on the Easterly boundary of the City or Carlabad a8 established by the County Board of Supervisors on July 11, 1952; Theme Noethneaterly along said City Limit line and the Westerly line of El Camino Real aoaordlng to Road Survey No, 682 and 925 to the Point of Boginniag. b Containing herein 81.6 aores. EXHIBIT A 2 3 4 E! IC 11 12 12 14 15 I6 17 1E 19 2c 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION N0.3259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBED AND DESIGNATING THE SAME AS THE "EAST CARLSBAD ANNEXATION NO. 2.17". WHEREAS, an application for approval of a proposal for the initiation of proceedings for the annexation of territory hereinafter identified and described as "East Carlsbad Annexation No. 2.17 (Sommers) to the City of Carlsbad, County of San Diego, State of California was filed with the Local Agency Formation Commission Reference No. CA 73-28; and WHEREAS, a resolution of the said Local Agency Formation Commission, after a hearing held in the manner required by law, was duly passed and adopted on the 17th day of September, 1973, approving the application for annexation of the territory hereinafter described by metes and bounds to the City of Carlsbad; and WHEREAS, said resolution provided that said annexation was approved without notice and hearing and further provided that the City Council of the City of Carlsbad was authorized to annex said territory without notice and hearing by said Council and without an election as provided in California Government Code Section 54797.1; and WHEREAS, a written petition containing the required signatures and a description of the uninhabited territory hereinafter described has been presented to the City Council of the City of Carlsbad, requesting annexation under the Annexation of Uninhabited Territory Act of 1939, Government Code Sections 35300 through 35326; and WHEREAS, said petition has been signed or consent thereto has been filed by the owners of all of the land in the territory proposed to be annexed; .I 1 2 3 4 5 6 7 8 9 30 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 c- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That said petition contains a description of certain uninhabited territory sought to be included and annexed to the City of Carlsbad and that said petition is signed by the owners of not less than one-fourth of the land in the territory by area and by assessed value as shown on the last equalized assessment roll of the County of San Diego, in which county the City of Carlsbad is situated. 3. That the City Council hereby declares that said petition has been signed or consent to the proposed annexation filed by the owners of all of the land in the territory proposed to be annexed and, therefore, no protests may be filed against the annexation by persons owning property in the territory. 4. That the territory proposed to be annexed to the City is uninhabited territory as defined by Section 35303 of the Government Code and is contiguous to the boundaries of the City. 5. That the aforementioned uninhabited territory included in the proposed annexation is hereby designated and shall hereafter be known as the "East Carlsbad Annexation No. 2.17". 6. That upon the completion of said annexation all of the property included therein shall be taxed accordingly with the other property within the City of Carlsbad to pay the bonded indebtedness and any and all.genera1 indebtedness of the City of Carlsbad contracted prior to, or existing or outstanding at the time of, the aforesaid proposed annexation of said described property. 7. That all requirements of law necessary to the adoption of this resolution approving the annexation of certain uninhabited territory pursuant to Section 35310.1 of the /I -2- ..I 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 California Government Code have been complied with. 8. 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, designated as the "East Carlsbad Annexation No. 2.17" and more particularly described as follows: All that unincorporated territory in the County of San Diego, State of California, being a portion of Lot I, Rancho Agua Hedionda, in said County and State, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of said San Diego County, November 16, 1886, being more particularly described as follows: 1. Beginning at a point in the Easterly boundary line of the City of Carlsbad as established by the County Board of Supervisors on July 11, 1952, said point being in the Northerly line of said Lot I, and also in the Westerly line of El Camino Real, as shown on Map of Road Survey No. 682 and 925, filed in the Office of the County Surveyor of said San Diego County; 2. Thence from said point in an Easterly direction along said Northerly line of Lot I, being also the City Limit of Carlsbad as established by the County Board of Supervisors in their Ordinance No. 1085, adopted on November 19, 1963, 1547 feet, more or less, to the Westerly line of that certain right-of way described in deed to the San Diego Gas & Electric Company, recorded June 1, 1953 as Document No. 74512 in Book 4874, page 148 of Official Records, and the center line of which is described in deed to the San Diego Gas & Electric Company, recorded June 16, 1966 as File No. 98887; 3. Thence along saig Westerly line South 26°07'00'1 East (Record South 26 08'06" East) 2035.22 feet; Thence South 23°47'0$'' West 836.56 feet to a point which bears North 29 26'59" East 63.00 feet from Engineers Station 495t40.00 on the centerline of El Camino Real, according to County Road Survey Map No. 1800-1, being also the centerline of Road Survey 682 and 925; centerline; 4. 5. Thence South 29O26'59" West 63.00 feet to the said 6. Thence continuin South 29°26'59" West 30.00 feet to the Westerly 9 ine of said El Camino Real as shown on Map of Road Survey No. 682, being also on the Easterly boundary of the City of Carlsbad as established by the County Board of Supervisors on July 11, 1952; -3- .. a, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 23 24 25 26 27 28 29 30 31 32 7. Thence Northwesterly along said City Limit line and the Westerly line of El Camino Real according to Road Survey No. 682 and 925 to the Point of Begi nni ng. 8. Containing herein 81.6 acres. 9. That the City Clerk is directed to prepare under seal a certified copy of this resolution giving the date of its passage and transmit it to the Secretary of State. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 7th day of N-ovember, 1973, by the following vote, to wit: AYES: Councilmen Dunne, McComas, Lewis, Frazee and Chase, NOES: None. ABSENT: None. DAVID M. DUNNE, Mayor ATTEST: MARGARET E. ADAMS, City Clerk (SEAL) -4- " . .,'.."*,. -_-- c" I ,- I r.r CONSENT TO ANNEXATION TO . CITY 'OF ' CARLSBAD @eZ: Section. 54797.1, Cov. Code) '2 ,ach of Zhe wdezsIgned represents tktt 'ne (shs) is the owner of the 2zogarty descrlbed opposite his (her) naae and located within the territory described in the atcached legal description, and hereby ccisents to the annexztion of said property to the above named city. b Property Description or County Assessor's NAbE ADDRESS Parcel Rumber PpEtipenrEZptT Parcel NO. 7 as per - DATE - -. 7 f 17 173 &GP.o.U5l Pmsidunt of Mesa, mlif. 92041 ' rs ue4eropnent LO-. MSC. Map 231 Purchaser of Said Land 4n Rancho Agua Rediondr .. .. .. i .. Date MAY 34 /51 3 .P L~C~Z Agsrrcy i?onn&;tion Comission jui3 Cs-~ney Administration Center io00 ?aciEk Sighway Sa2 Diego, California 92101 .. ,n , -, Ge2tler;;en: ' -t~pllcztion Is hereby made to annex terrizoory to the City of . .. WBAI) . "he annexation is proposed under the following statutory p,rovTs ions : + r/ - Annexatioa Act of 1913 /IE/ Amexation of Uninhabited Territory Act of 1939 E/ Governneat Code 54797.1 E/ Other (100% consent of propercy owners) 'A map and, legal descriptio2 (;f the specific boundaries 'of the territory proposed to be amexed are attached hereto and are made a part hereof by this reference. k addition; a completed form of questionnaire, as requfred by the Local. Agency Fornation Cornmission, is submitted. .. Noeicz, process and other communications regarding said amexation nay be directed to the proponents at: ! - .. ". t; so- DEnWm CORPb e. .. . LdlF &F.% - *. *. &v. /3& 2/J J 9aow At t~chents .. . ' Signed .. .. SA SI 1GZ 1/1/72 .. - - . -, _".-. ._. -. . t 4 '. pr i .. --. - -- 1--- --_ -- ---_ A__ __._ __ - -..- City A?i-nrie;cs~ cion Qrre s t ioma ire .. -. -:. 2T~22xat~on is be'Lr,g proposed (e.g., need for specific sz.;vices noli riow availzble). ..iiiic-> cetail 2s Tossi.jie, please explain why this This annexation is being proposed in order to improve the traff.ic flow to a portion of the City, knom as El Camino Mesa Units Pl-6, which are being served only through Chestnut Avenue. above, the development of this property wilg also provide with gravity sewer flow for the pOrtiQn of El Camino Mesa which are being served by sewer pumps. In the long run this will substantially reduce the cost of sewer maintenance to the City of Carlsbad as compared to present system. This annexation will also fill in a gap in the development of the City betweem two portions that have allready been developed, or are in th'e planning .. stage (referring to tentative Map #73-8) This development will also provide with a collector street to serve future development of the area (nm-unincorporated) but which is'surrounded by City of Carlsbad. The area subject to this request is now uninhabited. In' order to develope . this area it must be annexed to a sewer district, which is on&y available. In additton to the .. . ' This land is presently dormant. In the past a small part thereof was being cultivated in oats. 7- 3, jsir,g a sqarzte snapp fndicate L5e existir;lg zoning in &*- LL+ araa to be annexed and in adjacent incorporated snd mincorporateh areas. Eent may be contacted to assist you in obtaining this The ~ouiity Planning Depart- info-mation .. . Pes. This area is now not being'used. The proposed.use is for residential use. The City master plan calls for a maximum density of seven lots per acre. The development contemplates a density of 3.5 units per acre. Hss the zraexing city prezoned the territory?. '. I). - Applicaeion is being applied for preannexation concu this application. %. To the best of your howledge, are there. any specific- : . .. . . plans far cieveloprmnt of the prcrperty to be annexed? I€ so, please describe those development plans. . The major portion of this property is being designed for development of R-1 lots at a density of le9s than 3 units per acre.. Approximately 27iacres are being designed for a PRp development of not' more than 5 units per acre. - ?. .. .. .. .. @A -5- t-2CI :/xp . ... 7 *-* *J . . - **.:' . __ - _____.___.._ r__ .____ __. I .-- -- - --- ---- ----- .------- -A_-- - _. _- .. - " - iiu I i . Xst riaass slnd addresses of officers or persons, not to e:cceed three in nmher, who are to receive copies of the E:xeci;:ive OEficer's Repor: zcd nailed Notice of Hearing: Name Address . AMOS SOMMERS P.0. BOX 2158, LA MESA, CA. 92041 . .