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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. -2- 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 i 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. -1- 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 « " .annexed is definite and certain 5. The description of the boundaries of the Territory _^irji^r__ « 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 • law. -2- 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 . * ABSENT: Commissioners Bear ABSTAINING: Commissioners None * * * * 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 -J S ;' !~*j ° ' r^ o! 0.0, , ^i.5. south Carlsbad Annexation No. 1.18. ^ O t:a> oo '•01 ff -• 8 a ^ - :-' 8 3 r/ '- V S. -S S, '^ ^ ' O CJ v< 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 s ** — tuZ O VI>E § o . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 25 .26 27 28 29 30 31 32 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, 7 '• •-.-•••• 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. •••••• • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ' m3 O K — •• t.•Z ' J.C i 17 §* 18ffi i. 19 20 21 22 23 24 25 26 ' 27 28 29 30 31 32 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 • 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 '- . \ • 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 * . ' * • ' *• • uninhabited territory pursuant to Section 35310.1 of tho California . . .:• '.'' •, .• .:•:.''• 2. :...." ',;'.,; ,.V ':,:. ': ;-, ,; ."• ••; t 3 o 6 7 8 9 10 11 12 13 14 '15 16 17 18 19 20 21 22 25 v 24 25 26 27 28 29 30 31 32 Government Code have been complied with. SECTION 8; That it does hereby approve £he annexation to i 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- .' • J ' . • 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. * 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- M . 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 20 "21 22 23 24 25 .26 27 28 29 30 31 32 lished once in the Carlsbad Journal within fifteen days after its » ' ' " * 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. .i 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.)