HomeMy WebLinkAbout1974-06-05; City Council; 3106; Proposed "East Carlsbad Annexation No. 2.21"L1 " .*
-T'H E CITY GF CAR L S B A L, C A L.X F'O R N I
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Date: June -5, 1974
-Ref erred To :
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Subject:
9< Proposed "East Carlsbad' Annexation
No. 2.21"
Submitted By:
d Statement of the Matter
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The applicant, Mr. Amos Sommers, has submitted an application for the annexation of 1.06 acres, located on the east side of El Camino Real, approximately 1,100 feet north of the intersection of El Camino and Kelly Drive and is an adjustment in the boundaries of "East Carlsbad Annexation No. 2.17" recently approved by the City Council. The annexation is requested in order to align proposed subdivision with the proposed future alignment of Tamarack Avenue in the City of Carlsbad.
The application was approved by LAFCO on May 6, 1974 by resolution, and in said resolution they approved and authorized the Legislptive body of the City to annex such territory without notice and hearing by the Legislative body, and without an election, as provided by Government Code Section 54797.1.
Exhibit
1. Application and consent to annex said property. 2. Resolution adopted by LAFC'O. 3. Vicinity Map. 4. Ordinamce No. 1/47 Of the City Council.
- Staff Recommends ti ons
If the Council chooses to annex this territory, it is recommended the attached Ordinance, attached for your consideration, be introduced for a first reading.
AB No.
City Manager's Recommendation
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Date :
co unci 1 . ~c ti on
6-5-74 Ordinance No. 1169 was introduced f0r.a first reading by title only and further reading was waived.
6-18-74 Ordinance No. 1169 was given 'a second reading and adopted.
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ORDINANCE NO. --- 1169
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CP,RLSBRD, CALIFORNIA,
OF CAZLSBAD OF CERTAIN UNINHABITED TEF!?.ITflRY MEREINRFTE!? DESCRIGED AND DESIG!iATIrjG THE SAYE AS THE "E!?ST - CARLSBAD ANNEXATION HO. 7.21".
APPEOVIMG THE ANNEXATIO!.,! T3 THE CITY
The City Council of the City of Carlsbad does ordain as
follows:
SECTION 1: That it does hereby find and declare as follows:
A. That an application for approval of a proposal for the
initiation of proceedings for the annexation of territory hercin-
after identified and described as "East Carlsbad Annexation
N:o. 2.21" to the City of Carlsbad, County of San Diego, State uf
California, was filed with the Local Agency Formation Commission,
Reference No. CA 74-14.
B. That 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 6th day of May;1974, approving
the application for annexation of the territory hereinafter des-
cribed by metes and borrnds 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 signa-
tures and a description of the uninhabited territory hereinafter
described has been presented to tbe City 'Council of the City of .
Carlsbad requesting annexation under the Annexation of Uninhabited
Territory Act of 1939, Government Code Sections 353G6 through
35326.
E. Tha.t said petition has been signed cr ccnserit hereto
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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.
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SECTION 3: That the City Council hereby delcares 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 "East Carlsbad Annexation No. 2.21".
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 described
properzty .
SECTION 7: That all requirements of law necessary-to the
adcption of this ordinance approving the annexation of certain
uninhabited territory pursuant to Section 35310.1 of the Californi
Government Code have been complied with.
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SECTION 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 Annexatioi 2.21", 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 the Southeasterly corner of the boundary line of the City of Carlsbad as established by the County Board of Supervisors in their Ordinance No. 3259 adopted on December 26, 1973, said point being on the Westerly line of a 75.00 foot wide right of way as described in deed to the San Diego Gas and Electric Company, recorded February 14, 1969 as
File/Page No. 25445 of the Official Records.
2) Thence from said Southeasterly corner South 23'34'23" West (Fecord South 23'47'04" West) 155.60 feet to the
beginning of a tangent 600 foot radius curve concave Southeasterly.
3) Thence along the arc of said curve, through a central angle of 18"10'23" a distance of 190.31 feet.
4) Thence South 5"24'00" West 113.03 feet to the beginning of a tangent 600 foot radius curve,.concave Yorthwesterly.
5) Thence along the arc of said curve through a central angle of 24"03'05" a distance of 251.87 feet.
6) Thence South 29'27'05" West 186.18 feet to Engineers Station 494+54.94 on the centerline of El Camino Real according to County Road Survey Map 1800-1.
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7) Thence continuing South 29'27'05" West 30.00 feet to the Westerly line 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.
8) Thence Northwesterly along said City Limit Line and the Westerly line of El Camino Real according to Road Survey No. 682 and 925 85.06 feet, more or less, to the Southerly -boundary of the City of Carjsbad as established by the County Board of Supervisors on December 26, 1973 in their Ordinance No. 3259.
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9) Thence along said Southerly boundary North 29°27'05" East (Record North 29O26'59" East) 93.00 feet.
10) Thence North 23"34'23" East 812.55 feet (Record North 23"47'04" East 836.56 feet) to the Point of Beginning.
Containing 1.06 Acres.
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 be
effective thirty days after its adoption, and the City Clerk
shall certify to the adoption of this ordinance and cause it
to be published at least once in the Carlsbad Journal within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at &sting of the
City Council held on the 5th day of June, 1974, and there-
after PASSED, APPROVED AND ADOPTED at a regular meeting held on
the 18th day of June, 1974, by the following vote, to wit:
AYES: Councilmen Frazee, Chase and t4cConas
NOES: None
ABSENT: Councilman Lewis
'%YE
ROBERT C. FRAZEE, Mayor
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Affidavit of Publication
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ORDINANCE NO. lM9
AN ORDINANCE OF THE CITY COUNCIL QF THE CItY OF CARLSBAD, CALiFOkNIA. APPROVIMG THE ANNEXATiOlY TO TI% CITY Of
CARLSBAD OF CERTAIN UNINHABITED TERRITORY HERE INAFTE R DESCRIBED AND DESIGNATING THE SAME
Carlsbnd d~06qd.ln as tollom: SECTION 1: That it- hereby find and declare as'foiiows: A. That an apBtiotlon for ap
proval of a proposal for me initia- tton of proceedings tor the mnexa- tion of territory hqeinaftar Iden- tified and described as "East Carlsbad Annexation No. 2.21" to
the City of Carlsbad, County of San Dkgo, State of Cdifornk, was fib
e& with the Local Agency Forma-
tion Commlsslon, Reference No.
8. That a resohtion of the sard Local Agency Formation Commis- sion, after a hearing held in the manner requited by iaw, was duly
passed and adoptad on the 6th day of May, 1974, approving the appiication for annexation of the territory hereinafter described by
metes and bounds to the City of CarlsW. C. That said rcrdlutbn provided that saM annexation was approved niithout notlce and hearing and further provided that2he City Council of the City of Carisbad was auMrized to annex said territory without notke and hearing by said Council and witbout an eWtion as provided in Caittornia Govern- ment Code Section 54797.1. D. That a writlcn petltion con- taining the requir;ad signatures and a description of the un- inhabited territory hereinafter described has been presented to the City Cowncii of the City of bgal Carlsbad r@uesting annexation under the Annexatbn of Uninhabited Territory Act of 1939,
CA 74-1C.
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adoption of this or4inance ap- proving the annexation of certain uninhablted territory pwsuant to Sectiwn 35310.1 of the California Ggvem)neni code have been m plbd with. SECTIORI 8; That% does hereby apprwr me emexafton to he city of Grrlsbad ef that certdin real pr- ha#d in Cbunty d kn h, ~tak of CNhrnia, dasl&ad as tha "East CWsbad Amxation 2.Pt". and lMKI par- titutaqiy describud as I~IIOWS: 411 #hb unineotporated krritary in ttm kty of 5.n 0icg0, state Ceiifatnir, bein a portion of Lot i, Ranch Agw #adlor(&, in, SOW
County and'state, according to
Partition Map thergof No. 023, fil- ed ifi the Oftke of -the County
Redder of said San Dm Coun- ty, N&vmbet r6.10B6, being more partitularly dwlbect as follows: 1) minniq at the Southeasterly comer of the blwndary ilhe of the
City of &iFl.sbsQ as es3aMished by Ma county Bmrd of Supervisors in their Ordinance HO. 329 adopted
10 Dewnbet Z6, 1973, said point being on the Wdsteriy line of a
15.00 hi wide right of way as described In deed to the San Diego
Gas and Electric Company,
recorded February t4, 1969 as Fike/Pags W. 25Us of the Official Rgcords. Z),Thmcc from said Southeasterly cor ne r Sowth 23 "34' 23' ' We st (Record South 23'41'04" West) 155.60 feet to the beginning of a tangent 600 foot radius curve con- ceve joutheasterky. 3) 1-e along the arc of said curve, through a central angle of 11°10'Z3" a distance of 190.31 feet.
4) Thence South 5°24'00" West 113.03 feei to the beginning of a tament 600 foot mdius CuFve, con-
cave Northwesterly. 5LThence atong %e aSc of said curve through a central angle of 24°03'05" a distance of 251.87 feet. 6) Thence South 29O27'05" West
166.18 feet to Engineers Station
4?4+%.94 on the centerline of El twnlno Real according to County Road Survey Map 1800-1. 7) Thence continuing South
W27'05" West 30.00 feet to the Westerly line of said%i Camina Real as shown on Map of Road Survey No. 682, being also on the East& boundary of the City of Carlsbad as established by the County Board oj Supervisors on
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IS. STATE OF CALIFORNIA
County of San Diego
,says that she is the Principal Clerk
of The Carlsbad Journal, a weekly newspaper of general circulation, printed and published in +he
City of Carisbad, County of San Diego, and State of California, and that the notice of which the
annexed is a true copy, was publishad I timer in said newspaper, commencing on the.&,
day of m-,, A.D. 19 a, namely on the following dates:
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Signed at Carlsbad, California this 26
I hereby declare under penalty of perjury
day of JUNE I 19- 74
that the foregoing,is tw and correct.
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