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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. -2- 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. -2- 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- - ,i 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 -6- 0 tz: o •r <*—•» gf\ 9 tn X UJ Z< D oa0 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 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 29 30 31 32 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 -2- 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 -3- 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 4! 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 24 25 26 27 28 31 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) -4-