HomeMy WebLinkAbout1974-03-19; City Council; 3045; Proposed annexationTHE CITY OF CARLSBAD,CALIF' ORNIA
Agenda Bill No.
-deferred To:
Date: March 19. 1974
Subject:
PROPOSED ANNEXATION
(South Carlsbad Annexation No. 1.T8)
Submitted By:
City Clerk
Statement of the /-fatter
The property proposed to be annexed is located 1/2 mile north of Poinsettia
Lane, approximately 1/4 mile east of 15, and south of Palomar Airport
Road. The territory consists of approximately 60.423 acres.
This annexation was approved by LAFCO on February 4, 1974, and was
submitted by Pacesetter Hom-es. .
Exhibit
1. - Copy of Resolution. No. CA73-50.
2. Ordinance No. //gy . > . t
3. Copy of vicinity map.. •'
Staff Recommendations
AB No. Date: March 19, 1974
City Manager's Recommendation
That the City Council introduce the ordinance for first reading.
Council Action
3-19-74 This matter was tabled until such time as Agenda Bill #3033,
regarding the request for a variance, has been resolved.
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Item 7
Ref: CA73-50
RESOLUTION OF LOCAL AGENCY FORMATION COMMISSION
APPROVING A PROPOSED ANNEXATION OF TERRITORY
TO THE CITY OF CARLSBAD
(SOUTH CARLSBAD ANNEXATION NO.1.18)
On motion of Commissioner Morgan , seconded by Commis-
sioner pray , the following resolution is adopted:
WHEREAS, 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. CA73-50) 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
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owners of land within the territory proposed to be
7 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.
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2. The Commissi approves such annexation .thout notice and
hearing and also approves 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.
A. The description of the boundaries of the Territory to be
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.annexed is definite and certain
5. The description of the boundaries of the Territory _^irji^r__
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conform(s) to lines of assessment and ownership.
6. The Territory proposed to be annexed is hereby designated the
"South Carlsbad Annexation No. 1.18" .
7. The conditions to which this approval is subject, if any, are
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 on said Exhibit attached
hereto and the City of Carlsbad
authorized to initiate annexation proceedings in compliance
with this resolution.
9. The executive officer of this Commission is directed to mail
«•-
and file certified copies of this resolution as required by
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law.
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PASSED AND ADOPTED by the Local Agency Formation Commission of
the County of San Diego this 4th day of February 1974, by the
following vote:
AYES: Commissioners Karn, Brown, Chapman, Morgan, Pray andMihalek
NOES: Commissioners None
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ABSENT: Commissioners Bear
ABSTAINING: Commissioners None
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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
February 4, 1974, 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 4th day of February, 1974.
S. M. SCHMIDT, Executive Officer
Local Agency Formation Commission
County of San Diego
Item 27
Ref: CA73-50
AMENDMENT TO RESOLUTION APPROVING
A PROPOSED ANNEXATION
TO THE CITY OF CARLSBAD
(SOUTH CARLSBAD ANNEXATION NO. 1.18)
WHEREAS, an application for approval of a proposal for the
initiation of proceedings for the annexation of territory to the
City of Carlsbad was filed with this Commission (Local Agency
Formation Commission Reference No. CA73-50) as provided for by
Government Code Section 54791; and
WHEREAS, this Commission on February 4, 1974, approved said
annexation to the City of Carlsbad; and
WHEREAS, this Commission received an application dated
February 3, 1975 requesting an extension of time to complete
annexation proceedings until April 17, 1975 pursuant to Government
Code § 54799.2 which states in part; Failure to complete a proceeding
within one year after the Commission approves a proposal therefore
shall be deemed to be an abandonment of such proceedings unless
prior to the expiration of said year the Commission shall have author-
ized an extension of time for such completion.
NOW THEREFORE, the Commission hereby approves an extension of
_ £},me until April 17, 1975 for completion of annexation proceedings for
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o! 0.0, , ^i.5. south Carlsbad Annexation No. 1.18.
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PASSED AND ADOPTED by the Local Agency Formation Commission
of the County of San Diego this 3rd day of February, 1975,
by the following vote:
AYES: Commissioners Mihalek, Chapman, Karn, Morgan,
Pray and Walsh
NOES: Commissioners None
ABSENT: Commissioners Taylor
ABSTAINING: Commissioners None
*•**•& * -/v /v
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 February 3, 1975, 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 3rd day of February, 1975.
. M. SCTMIDT/E^cll've Officer
Local Agency Formation Commission
County of San Diego
SOUTH CARLSBAD ANNEXATION NO.1 18
That portion of the West Half of Section 21, Township 12 South, Range 4
West, San Bernardino Base and Meridian, in the County of San Diego, State
of California, according to United States Government Survey, described as
follows:
BEGINNING at the South Quarter corner of said Section 21 as shown on La
Costa Downs Unit No. 1, according to Map thereof No. 2013, filed in the
office of the County Recorder of San Diego County, April 6, 1927; thence
along said South line of Section 21
1) North 89° 40' 20" West, 1243.54 feet to a point distant thereon South
89° 40' 20" East 119.00 feet from the Southeast corner of said La Costa
Downs Unit No. 1
2) North 00° 00' 40" West parallel with the East line of La Costa Downs,
150.00 feet
3) South 89° 40' 20" East, 75.00 feet
4) North 00° 00' 40" West, 2090.41 feet to the Northwest corner of land
described in Parcel 1 in Deed to Charles J. Kramer, et ux, recorded
September 16, 1958 in Book 7256, Page 331 of Official Records, said corner
also being a point on the Southerly line of Rancho Agua Hedionda as
established by decree under Superior Court Case No. 16820
5) South 89° 50' 30" East, 1169.22 feet along said Southerly line to the
Intersection with the North-South centerline of said Section 21
6) South 00° 00V 24" West, 2243.87 feet along said North-South line to
the point of beginning
i-.-, i.:-,o ..•.)(•.?,! Agency Formation
omrr."-.i '•' '')1 Sap
!C,ety,y ot sa,d Commission
EXHIBIT A
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TILED
' h« Star* of California
MAR2419F5
ORDINANCE NO . 11.76 -EU. Secretary cf Stats
to.olhy E. Anderson
AN ORDINANCE. OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD,. CALIFORNIA APPROVING
THE ANNEXATION TO THE CITY OF CARLSBAD
OF CERTAIN UNINHABITED TERRITORY HEREIN-
AFTER DESCRIBED AND DESIGNATING THE SAME
AS THE'"SOUTH CARLSBAD ANNEXATION NO. 1.18"
The City Council of the City of Carlsbad does ordain as
follows:
SECTION 1; That it does hereby find arid declare as fol-
lows : . •
A. That an application for approval of a proposal for the
initiation of proceedings for the annexation of territory herein-
after identified and described as "South Carlsbad Annexation No.
1.18" to the City of Carlsbad, County of San Diego, State of
California, was filed with the Local Agency Formation Commission,
Reference No. CA 73-50.
B. That a resolution of the said Local Agency Formation
Commission,-after a hearing held in the manner required by law,
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was duly passed and adopted on the 4th day of February, 1-974,
approving the application for annexation of the territory herein-
after described by metes and bounds to the City of Carlsbad.
C. That 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.
D. That a written petition containing the required sig-
natures and a description of the uninhabited territory herein- .
after described has been presented to the City Council of the City
of Carlsbad requesting annexation under the Annexation of Unin-
habited Territory Act of 1939,- Government Code Sections'35300
through 35326. •••••• •
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E. That said petition has been signed or consent hereto
has been filed by the owners of all of the land in the territory
proposed to be annexed. - '
SECTION 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
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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.
SECTION 3; That the City Council hereby declares that
said petition has been signed or consent to the proposed annexa-
tion filed by the owners of all of the land in the. territory pro-
posed to be annexed and, therefore, no protests may be filed
against the annexation by persons owning property in the territory
SECTION 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. _ ... • -:••. . • ;, ':• ' ..,,•''.••;•'; . .. - . " ". '•-. ..' '. . • -••;'
SECTION 5; That the aforementioned uninhabited territory
included in the proposed annexation is hereby designated and shall
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hereafter be known as the "South Carlsbad Annexation No. 1.18"J
SECTION 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 de-
scribed property.
* • • • • .
SECTION 7: That all requirements of law necessary to the
adoption of this ordinance approving the annexation of certain
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uninhabited territory pursuant to Section 35310.1 of tho California
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Government Code have been complied with.
SECTION 8; That it does hereby approve £he annexation to
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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. 1.18"j and more particularly de-
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scribed as follows:
That portion of the West Half of Section 21, Town-
* ship 12 South, Range 4 West, San Bernardino Base
and Meridian, in the County of San Diego, State
of California, according to United States Govern-
ment Survey, described as follows:
BEGINNING at the South Quarter corner of said
Section 21 as shown on La Costa Downs Unit No. 1,
according to Map thereof. No. 2013, filed in the
office of the County Recorder of San Diego County,
April 6, 1972; thence along said South line of
Section 21
(1) North 89°40'20" West, 1243.54 feet to a point
distant thereon South 89°40'20"East 119.00 feet
from the Southeast corner of said La Costa Downs
Unit No. 1
(2)' North 00°00"4Q" West parallel with, the East
line of La Costa Downs, 150.00 feet
(3) South 89°40'20" East, 75.00 feet
(4) NorthOotJOMO" West, 2090.41 feet to the North-
west corner of land described in Parcel 1 in Deed
to Charles J. Kramer, et ux, recorded September 16,
1958 in Book 725*6, Page 331 of Official Records,
said corner also being a point on the Southerly
* line of Rancho Agua Hedionda as established by
decree under Superior Court Case No. 16820
(5) South 89050'30" East, 1169.22 feet along
said Southerly -line to the intersection with the
North-South centerline of. said Section 21
(6) South 00°00l24lt West, 2243.87 feet along
said North-South line to the point of beginning
SECTION 9; That the City Clerk is directed to prepare
under seal a certified copy of this ordinance giving the date of
.its adoption and transmit it to the Secretary of State.
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SECTION 10; EFFECTIVE DATE; This ordinance shall take
.effect and be in force thirty days after its adoption. •
SECTION 11; PUBLICATION; The City Clerk of the City of
Carlsbad is hereby directed to cause this ordinance to be pub-
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lished once in the Carlsbad Journal within fifteen days after its
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adoption, said newspaper published and of general circulation in
said City of Carlsbad.
INTRODUCED AND FIRST READ at a regular meeting of the .
City Council held on the 4th day of February, 1975 and
thereafter PASSED, APPROVED AND ADOPTED at a regular meeting
held on the 18th day of February , 1975, by the following
vote, to wit:
AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and
CounciIwoman Casler
NOES: None
ABSENT: None
ROBERT C. FRAZEE/ Mayor
ATTEST:
MARGARET E.'ADAMS'; (City Clerk.
" I/ ' '
(SEAL)
4.
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STATE OF CALIFORNIA. )
COUNTY OF SAN DIEGO ) ss. ' *. .
1, .Margaret.. E. Adam? City Clerk of the City of Carlsbad, County of San Diego, State of California.
hereby certify that I have compared the foregoing copy with the original Q.r9.1.P3nC6...., passed and
adopted by said City Council, at ...3..regular. meeting thereof, at the time and by the vote therein
stated, which original ... .Ordinance is now on file in my office: that the .same contains a full, true
and correct transcript then from and of the wh»l« thereof.
Witness my hand and the .seal of said City of Carlsbad, this .1.9th day of ...JW3.tCiU...197.5A ^
(SKAI.)