HomeMy WebLinkAbout1973-11-20; City Council; 2215; Proposed South Carlsbad Annexation No.1.17•r H s CITY O F CARLSBAD,CALIF'ORNIA
Age2ida Bill No. 221 5
'Referred To :
Date: November 20, 1973
Subject:
Proposed "South Carlsbad Annexation
No. 1.17"
Submi tted By .-
City Clerk
Statement of the Matter
Cabot, Cabot and Forbes has submitted an application for the annexation
of 337.15 acres of land. The property is south of Palomar Airport Road
between El Camino Real and Kelly Drive, and is contiguous to the Kratter
and Ayres properties.
The application was approved by LAFCO on November 5, 1973, by resolution,
and in said resolution they approved and authorized 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.
Exhibit
1. Application and consent to annex said property.
2. Resolution adopted by LAFCO
3.Vicinity map.
4. Resolution No. 3275.
Staff Recommendations City Manager
If the Council chooses to annex this territory, adopt the attached
resolution which has been prepared for your consideration.
AS NO. Date: November 20, 1973
City Manager's Recommendation
There were several annexations under way prior to
Council's directive to take steps to annex the
central County area and this proposed South Carlsbad
Annexation No. 1.17 is one of them.
It is recommended that this annexation be processed.
Council Action
11-20-73 Resolution No. 3275, approving annexation, was adopted by title
only with further reading waived.
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Date September 6, 1973
Local Agency Formation Commission
306 County Administration Center
1600 Pacific Highway
San Diego, California 92101
Gentlemen: .
Application is hereby made to annex territory to the City of
'garlsbad .
The annexation is proposed under the following statutory
provisions:
/~/ Annexation Act of 1913 Annexation of Uninhabited
Territory Act of 1939
I~2J Government Code § 54797.1 I^J Other
(100% consent of property
owners)
A map and legal description of the specific boundaries of the
territory proposed to be annexed are attached hereto and are made
a part hereof by this reference.
In addition, a completed form of questionnaire, as required by the
Local Agency Formation Commission, is submitted.
Notice, process and other communications regarding said annexation
may be directed to the proponents at:
Cabot, Cabot & Forbes
IIP West "A" Street
San Diego, California 92101
Attachments
Signed
CA
LAFC 1/1/72
SAN DIEGO LOCAL AGENCY FORMATION COMMISSION
City Annexation Questionnaire
This portion of the questionnaire is to be completed, and signed,
by the proponent (s) of the proposed annexation.
I, Justification; (Statement of justification to be made by
proponent (s ))
In as much detail as possible, please explain why this
annexation is being proposed (e.g., need for specific
services not now available) .
This annexation is being proposed to provide the City of Carlsbad with
an area devoted to industrial development in conformance with the aims
of the City of Carlsbad General Plan. The proposed industrial land
use will provide the City of Carlsbad with a broader tax base. Through
increased tax revenues additional municipal programs can be instituted
and implemented to the benefit of the citizens of the City of Carlsbad.
Signed
Address 1 lowest "A" Street
San Diego, California 92101
Date: Septembers, 1973
CA T
LAFC 1/1/72
This portion of the questionnaire may be completed by either the
proponent(s) or officer(s) of the annexing city.
II. List all services which can be provided as a result of the
proposed annexation; what will need to be done in order
to provide these services? For example, will it be neces-
sary to extend water or sewer lines, install street lights,
purchase new equipment? How much will this cost? Give
estimates if cost is not known.
All .municipal services can be readily provided including water, sewer,
lighting, etc. from existing facilities adjacent to or within the boundaries
of the proposed annexation.
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CA
LAFC 1/1/72
III. Describe in detail the rationale used in establishing the
boundaries of the proposed annexation.
The proposed annexation boundaries follow existing major roads on the
north and east, and conform to the general limitations for industrial
land use as indicated by the Carlsbad General Plan on the south and
west.
IV. To your knowledge, will the proposed annexation have any
effect upon other cities and special districts having
jurisdiction and providing service in the area to be
annexed?
No.
V. Is it desired that the proposed annexation provide for and
be made subject to any terms and conditions? If so, list
and describe these terms and conditions.
No.
CA ~
LAFC 1/1/72
VI. Background Information
A. How many square miles, or acres, of territory are included
in the proposed annexation?
337.15 acres±
B. Please describe the general location of the territory to
be annexed, noting major highways, roads, rivers, flood
control channels and topographical features.
The territory to be annexed is south of Palomar Airport Road and west
of El Camino Real. There are no rivers or flood control channels
within the boundaries. The territory does contain a well developed
drainage swale, and general topography is rolling and hilly.
C. How many people live in the area? Indicate the sources
of your estimate.
The area is presently;uninhabited.
CA
LAFC 1/1/72 ' -4-
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VII. Land Use Information
A. What is the present land use in the area?
Partially devoted to agriculture, the remainder being in its natural
undisturbed state.
B. Using a separate map, indicate the existing zoning in
the area to be annexed and in adjacent incorporated
and unincorporated areas. The County Planning Depart-
ment may be contacted to assist you in obtaining this
information. .......
C. Is any change in land use contemplated?
Yes, development as an industrial park for light industrial and
commercial use.
D. Has the annexing city prezoned the territory?
Prezoning currently in process with the City of Carlsbad.
E. To the best of your knowledge, are there any specific
plans for development of the property to be annexed?
If so, please describe those development plans.
A tentative map for development into three units comprising eight
industrial and commercial lots is currently being processed with
the City of Carlsbad under T.M. No. 73-49.
CA
LAFC 1/1/72
List names and addresses of officers or persons, not to
exceed three in number, who are to receive copies of the
Executive Officer's Report and mailed Notice of Hearing:
Name Address
Charles Ekstrom 110 West "A" Street, San Diego, California 92101
Paul Hammons 110 West "A" Street, San Diego, California,92101
Hank Worley 5620 Friars Road, San Diego, California 92110
Signed
Representing Cabot, Cabot & Forbes
Address 110 West "A" Street
San Diego, California 92101
Phone No. 239-0861
Date September 6f 1973
CA
LAFC 1/1/72
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CONSENT TO ANNEXATION
: TO
CITY OF CARLSBAD
(Ref: Section 54797.1, Gov. Code)• . ."."'•••• *'.-.*
* •, .- ---.•."*. ;.
• Each of the undersigned represents that he (she) is the owner of the
property described opposite his (her) name and located within the
.;. territory described in the attached legal description, and hereby
-.consents to the annexation of said property to the above named city.
DATE NAME ADDRESS
18/29/73 See attached Exhibit B for ownerships
Property Description
- or County Assessor's
Parcel Number
213-020-10
213-020-10
" <.
"NOTE: Legal description of territory proposed to be annexed must
be attached at the time consent is signed. . .: -' ''
"EXHIBIT B" •
LEGAL OWNER'S
..--.- The Estate of Samuel Berke, Deceased
.:...' By_
Rose Berke, Co-Executor
By City National Bank, Co-Executor
By_
Trust Officer
* ' " . . -
** . City National Bank and Mads Bjorn Bjerre
-as Trustees Under the Will of ... .'
-Alfred Newman, Deceased
Mads Bjom Bjjerre, Tustee
Andrew Ollstein, Claire Ollstein, Simon H.Zentner, Frances Zentner,
Beverly Jenkins, Percy Faith, Mary C. Faith, Jean Plant, by
Harold M. Plant, the attorney-in-
tact of each
Harold M. Plant, for himself
Thomas R. Martin, Dean Martin, Martha Montgomery Newman, Rose Berke
Vi-.'.'.V 5'PfcV ••-.^'••1 •"••' : '-By.
Mads Bjorn Bjerre, thje attorney-in-
fact of each /
£;lj
ii
STATE OF CALIFORNIA, COUNTY OF SAN DIEGO
On August 29, 1973 before me, the undersigned, a Notary Public in
and for said State, personally appeared
The Estate of Samuel Berke, Deceased
By Rose Berke, Co-Executor
By City National Bank, Co-Executor
By Allen Gunderson, Trust Officer
City National Bank and Mads Bjorn Bjerre
as Trustees Under the Will of
Alfred Newman, Deceased .
-By Allen Gunderson, Trustee -
Mads Bjorn Bjerre, Trustee
Andrew Ollstein, Claire 01Istein, Simon H. Zentner, Frances Zentner,
Beverly Jenkins, Percy Faith, Mary C. Faith, Jean Plant, by
By Harold M. Plant, the attorney-in-
• fact of each _. _.___ ;_^~L.^:
By Harold M. Plant, for himself - .
"Thomas R. Martin, Dean Martin, Martha Montgomery Newman, Rose Berke
By Mads Bjorn Bjerre, the attorney-in-
fact of each, . v .
-known to me to be the persons whose names subscribed to the _—
within instrument and acknowledged that they executed the same.
WITNESS my hand and official seal.
Signature
-Charles A. Ekstrom, Jr.OFFICIAL SEAL
EKSTROM, JR.
"CHART PIJBUC CAL.FORNIA
PRK-JOF41 OFFICE IN
SAN OtECO COUNTV
^pws January 31, 1977
RESOLUTION NO. 3275
I
2
A RESOLUTION OF THE CITY COUNCIL OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING
THE ANNEXATION OF CERTAIN UNINHABITED
4 TERRITORY HEREINAFTER DESCRIBED AND
DESIGNATING THE SAME AS THE "SOUTH
5 CARLSBAD ANNEXATION NO. 1.17."
(Cabot, Cabot and Forbes)
6
7 WHEREAS, an application for approval of a proposal for the
8 initiation of proceedings for the annexation of territory
hereinafter identified and described as "South Carlsbad Annexation
10 No. 1.17," (Cabot, Cabot and Forbes), to the City of Carlsbad,
11 County of San Diego, State of California, was filed with the
12 Local Agency Formation Commission, Reference No. CA 73-39; and
13 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 5th day of November, 1973,
approving the application for annexation of the territory
hereinafter described by metes and bounds to the City of
18 Carlsbad; and
WHEREAS, said resolution provided that said annexation was
approved without notice and hearing and further provided that
21 the City Council of .the City of Carlsbad was authorized to annex
22 said territory without notice and hearing by said Council and
23 without an election as provided in California Government Code
24 Section 54797.1; and
25 WHEREAS, a written petition containing the required
signatures and a description of the uninhabited territory
hereinafter described has been presented to the City Council
28 of the City of Carlsbad, requesting annexation under the
PQ Annexation of Uninhabited Territory Act of 1939, Government
30 Code Sections 35300 through 35326; and
31 WHEREAS, said petition has been signed or consent hereto
•zp
has been filed by the owners of all of the land in the territory
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proposed to be annexed;
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
201 City.
5. lhat the aforementioned uninhabited territory included
in the proposed annexation is hereby designated and shall
hereafter be known as the "South Carlsbad Annexation No. 1.17."
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 general 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
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1 uninhabited territory pursuant to Section 35310.1 of the
2| California Government Code have been complied with.
I
3 | 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
"South Carlsbad Annexation No. 1.17," and more particularly
described as follows:
8 All that portion of Lot "6" of Rancho Agua Hedionda,
in the County of San Diego, State of California, according9 to Map thereof No. 823, filed in the Office of the County
Recorder of said County November 16, 1896, described as10 follows:
Beginning at the closing corner common to Section 22 and
_ 23, Township 12 South, Range 4 West, San Bernardino Meridian12 according to United States Government Survey, in the South
line of said Rancho Agua Hedionda; thence along said South
15 line South 89°26'40" East (Record=East), 3052.63 feet to
the Southwesterly corner of Lot "A" of said Rancho; thence14 North 27°21'24" East 1319.81 feet along the West line of
said Lot "A" to an angle point therein; thence North
8°08'59" East 136.31 feet along said West line to a
point on the East line of El Camino Real (90 feet wide)
according to Road Survey No.1800-1, filed in the Office
,„ of the County Engineer of said County from which point1 a radial from 1845 foot radius curve bears North 71°30.'36"
West; thence Northerly 332.78 feet along said curve through
a central angle of 10°20'04"; thence tangent to said curve,
lg North 8°09'20" East (Record, North 8°08'55" East) 975.69
feet; thence at right angles to said East line North
2Q 81°5T05" West 128.00 feet to the beginning of a tangent
500.00 foot radius curve concave Southeasterly; thence
Westerly and Southwesterly along said curve through a
central angle of 30°45'38" a distance of 268.44 feet;
22 thence tangent to said curve South 67°23'17" West, 573.06
feet to the beginning of a tangent 500.00 foot radius
25 curve concave Northwesterly; thence Westerly and North-
westerly along said curve through a central angle of
24 30°45'38" a distance of 268.44 feet; thence tangent .to
said curve North 81°51'05" West, 358.00 feet; thence •
North 0°35'14" East, 687.81 feet; thence North 13°10'59"
East, 268.66 feet; thence North 24°47'36" East, 307.33
26 feet; thence North 39°38'41" East, 361.33 feet to an
intersection with the Southerly line of Palomar Airport
27 as shown on Record of Survey Map No. 6493 filed in the
Office of the County Recorder of said County; thence
28 leaving the boundary of said Systems Capital land, along
said Southerly line of Palomar Airport South 79°42'00"
29 West, 1479.57 feet; thence South 10°18'00" East, 500.05
feet; thence South 79°14'24" West, 685.80 feet to an
30 intersection with the centerline of Palomar Airport Road
as shown on San Diego County Road Survey No. 1534, filed
in the Office of the County Engineer of said County;
thence along said centerline South 42°00'08" West,
32 1893.60 feet to the beginning of a tangent 1000.00 foot
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radius curve concave Northwesterly; thence Southwesterly
along said curve through a central angle of 49°56'04"
2 I a distance of 871.52 feet; thence tangent to said curve
I North 88°03'48" West, 1722.22 feet to the beginning of
3 jj a tangent 1200.00 foot radius curve concave Northeasterly;
thence Northwesterly along said curve through a central
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angle of 49301'43" a distance of 1026.85 feet; thence
tangent to said curve North 39°02'05" West, 391.54 feet
to the beginning of a tangent 1200.00 foot radius curve
concave Southwesterly; thence Northwesterly along said
curve through a central angle of 23°30'05" a distance of
492.21 feet to a point in the arc of said curve to which
a radial line bears North 27°27'50" East, said point
being in the center line of that certain 100.00 foot
easement described in the deed to San Diego Gas and
Electric Co. recorded April 15, 1954, in Book 5205,
Page 419, Official Records of said County; thence leav-
ing said centerline of Palomar Airport Road along the
centerline of said 100.00 foot easement South 39°01'39"
East, 2562.03 feet to an angle point in said centerline;
thence South 42°38'40" East, 460.39 feet to an inter-
section with said South line of Rancho Agua Hedionda;
thence leaving said easement centerline along said
South line South 89°27'10" East 2613.56 feet to the
Point of Beginning.
Excepting therefrom that portion thereof lying within
said Palomar Airport Road according to said Road Survey
1534 on file in the County Engineer's Office of said
County and as said Road Survey is shown on said Record
of Survey Map No. 6493.
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.
21 . PASSED, APPROVED AND ADOPTED at a regular meeting of the
22 City Council on the 20th day of November, 1973, by the following
P3 vote, to wit:
AYES: Councilmen Dunne, McComas, Lewis, Chase and Frazee
NOES: None.
ABSENT: None.
DAVID M. DUNNE, Mayor
29 ATTEST:
30
MARGARET E. ADAMS, City Clerk
32 (seal)
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