HomeMy WebLinkAbout1974-10-01; City Council; 3201; PROPOSED ANNEXATION "SOUTH CARLSBAD ANNEXATION NO. 1.21" APPLICANT: CABOT, CABOT & FORBESv i-
*T H E CITY F CARLSBAD, VcA L I F.0 R N.
Dater Cctober I, 1971 -_ Agenda Bill No. $26/
I F,& Ref erred To :
s u bj e c t ' P R 0 P 0 S E D ,4 ;.I ii E X A T I 0 N Submitted By:
"South Carlsbad Annexation No. 1.21" Applicant: Cabot, Cabot and Forbes City Clerk '! VL3 -
Statcii~nt of the !:atter
In Novtxber of 1973 Cabot, Cabot and Forbes annexed to the City of 337.15 acres. They are not! requesting to annex an additional 1.8 ac They did not have title to this property at the time of the original annexation.
This is uninhabited property and the annexation was approved by LAFC September 16, 1974. LAFCO has authorized the legislative body of ti? City to annex the territory without notice and hearing and without a
election as provided in Government Code Section 54797.1.
The app'licant has complied with the Environmental Protection ordinan through the processing of the previous annexation, therefore, no fur environmental consideration is necessary for this application.
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Exhi bi t
1. Resolution of the Local Agency Formation Commission. 2. Vicinity Map
3. Ordinance No. //7z , approving annexatipn.
Staff Recomrnenda ti ons
See City Manager recommendations
AB NO. . Date.- October 1 , 1974
City Manager's Recommendation
If Council approves the annexation, the action should
be to introduce Ordinance No. // ^^,
Council Action
10-1-74 Ordinance #1172 was introduced for a first reading, approving
"South Carlsbad Annexation No. 1.21".
.10-16-74 Ordinance #1172 was given a second reading and adopted.
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NO. 1.21".
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ORDINANCE NO. 1172
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA
APPROVING THE ANNEXATION TO THE
CITY OF CARLSBAD OF CERTAIN UNIN-
HARITED TERRITORY HEREINAFTER
DESCRIBED AND DESIGNATING THE SAME
AS THE "SOUTH CARLSBAD ANNEXATION
The City Council of the City of Carlsbad does ordain as
fol1ows:
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 herein-
after identified and described as "South Carlsbad Annexation No.
1.21" to the City of Carlsbad, County of San Diego, State of
California, v/as filed with the Local Agency Formation Commission,
Reference No.'CA 74-23.
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 16th day of September, 1974,
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 reguired signatures
and a description of the uninhabited territory hereinafter describee
has been presented to the City Council of the City of Carlsbad
requesting annexation under the Annexation of Uninhabited Territory
Act of 1939, Government Code Sections 35300 throunh 35326.
E. That said petition has been signed or consent hereto has
been filed by the owners of all of the land in the territory pro-
posed to be annexed.
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SECTION 2. That said peition 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
peition has been signed ^r 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.
SECTION 4. That the territory proposed to be annexed to the
City is uninhabited territory as defined by Section 35303 of the
overnment Code and is contiguous to the boundaries of the City.
SECTION 5. That the aforementioned uninhabited territory in-
cluded in the proposed annexation is hereby designated and shall
hereinafter be known as the "South Carlsbad Annexation No. 1.21".
SECTION 6. That upon the completion of said annexation all
of the property included hterein 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.
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 the California
Government Code have been complied with.
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described as follows:
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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 "South
Carlsbad Annexation No. 1.21", and more particularly described
as follows:
All that portion of Lot G of Rancho Agua
Hedionda, in the County of San Diego, State
of California, according to Map thereof
No. 823, filed in the Office of the County
Recorder of said County November -16, 1896,
Beginning at the Northwesterly corner of
Parcel 1 of Parcel Map 1110, filed in the
Office of said County Recorder; thence
along the Westerly prolongation of the
Northerly line of said Parcel Map being
also along the Southerly line of Palomar
Airport per Record of Survey 6493 filed
in the Office of said County Recorder,
South 79°42'00" West 1479.57 feet; thence
South 10°18'00" East 224.05 feet to a point
of intersection with the Southeasterly
right-of-way of Road Survey 1534-66 (Palo-
mar Airport Road) filed in the Office of
the County Engineer of said County, said
point being the TRUE POINT OF BEGINNING;
thence leaving said right-of-way and con-
tinuing South 10018'00'" East 276.00 feet;
thence South 79°14'24" West 556.91 feet
to a point of intersection with said South-
easterly right-of-way of Road Survey 1534-66,
being also a'point in a non-tangent 1937.00
foot radius curve concave Southeasterly, a
radial line to said point bears North
40°40'30" West, thence Northeasterly along
said curve through a central angle of 4°34'22"
an arc distance of 154.59 feet; thence tangent
to said curve, along said Southeasterly right-
of way North 53°53'52" East 467.13 feet to
the TRUE POINT OF BEGINNING.
Containing 1.8 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 take effect
and be in force on the 31st day from and after its adoption.
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SECTION 11. PUBLICATION. The City Clerk of the City of
Carlsbad is hereby directed to cause this ordinance to be publish-
ed once in the Carlsbad Journal, a 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 1 st - day of October . 1974, and
an adjournedthereafter PASSED, APPROVED AND ADOPTED at / regular meeting
held on the 16th day of October '_, 1974, by the follow-
ing vote, to wit:
AYES: Councilmen Frazee, Chase, Lewis, McComas and Skotnicki
NOES: None
12 ABSENT: None
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14 • ROBERT C. FRAZEE, Maye?r
15 ATTEST:
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MAHGAR'ET E. ADAMsT'City Clerk
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e e ' A LLlll ,
Ref: CA74-23
RESOLUTION OF LOCAL AGENCY FORlVATION COfi9ISS ION . APPROVING A PROPOSED AWEXATION OF TERRITORY
TO THE CITY OF CARLSBAD "SOUTH CARLSBAD ANNEX. No. 1. 21If
On motion of Commissioner Morgan , sec0nde.d by Corn
Mihalek , the following resolution is adopted:
WHEREAS, an application for approval of a proposal for tl
initiation of proceedings for the annexation of territory to .
City of Carlsbad (hereinafter referred to
the City) has been filed with this Commission (Local Ageiicy
Formation Commission Reference No.CA74-23 ) as provided for b]
Government' Code Section 54791; and
KEEREAS, the executive officer of this Commission has fi:
his report relative to said proposed annexation, which report
been reviewed and considered by this Commission; NOW THEREFOR1
BE IT RESOLVED THAT THIS CO?DIISSION HEREBY FINDS, DETERI?:
AND ORDERS as follows:
1. The application for annexation is signed by all of tl
owners of land within the territory proposed to {e
ELW,gCo -vi'= -2 g 0 g.3 x 5 annexed, or is accompanied by proof, satisfactory to
3 5 2 c-. rL. :.,
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m- =rw-22yg,z my this Commission, that all of the owners within such
y s2 p 2 3.-0 ,: E% gg SGO I%
i* ;f =;,; 2 2 g !-i -. -\ Ltz 0.g 1;
0 2. c f. c, s 2 p2- .-."=I
om 2 s4 go D 3 go z -0 (D cu zw::fg- P'U 0 E;<
territory have given their,written cosent to such
annexation, as provided in Government Code Section 51
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2, The Comission * ?proves such annexation t @ hout 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 Governinent Code Section 54797.1.
3. me territory proposed to be annexed (hereinafter referred
to as the Territory) is as described in Exhibit A attached
here to.
The description of the boundaries of the Territory to be
annexed is not definite and certain but may be made definite
certain if modified as set forth in Exhibit B hereto attached
5. The description of the boundaries of the Territory does not
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conform@) to lines of assessment and ownership.
The territory proposed to be annexed is hereby designated th 6.
"South Carfsbad Annexation No. 1.21"
7. The Coinmission certifies that it has reviewed and considered
information contained in the EIR prepared by the City of Carl
8. The Commission hereby approves the proposed annexation subje
to the conditions, stated on Exhibit -C attached hereto
the City of Carlsbad
authorized to initiate annexation proceedings in compliance
this resolution.
9. The executive officer of this Comiission is directed to mail
file certified copies of this resolution as required by law.
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. 10. The executive officer of this Commission is directed
to file and mail certified copies of this resolution
as required by law.
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PASSED AJD ADOFXED by the Local Agency Formation Comaission
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' of the County of San Diego this 16th day of September, 1974,
by the following vote:
APES: Co~~ssioners Chapman, Morgan, Pray, Bear,
NOES: Comiissioners None Mihalek, Mahr
ABSENT: Cominissioners Kam, Brown
ABSTAINING: Cormissioners None
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STATE OF CALIFOWFA )
COUNTY OF SAN DIEGO ) 1
1, S. M. SCFLMIDT, Executive Officer of the Local Agency Formatic
Coxmission 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 September 16, 1974, which original resolutior
is now on file in my office; that same contains a full, true anc
correct transcript therefrom and of the whole thereof.
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Witness my hand and seal this 16th day of September, 1974.
S.M. SCK-QDT, Executive Officer
Local Agency Formation Commission
PETER M. DETWILER, Asst. Executive
Local Agency Formation Commission
County of San Diego
JOB NO. LEGAL OESCRlPTlOY FOR BY GMD;/eb
-CHK'D. PROPOSE9 AiL'NEXATION TO THE DATE
-.-- COMPANY DESCRIPTION
TITLE co.
REFERENCE * ORL'ERNC. DATE
REVISIONS
BY DATE-
e 0
Proposed Annexation to the City of Carlsbad, California
.
Annexation Boundary
All that portion& Lot G of Rancho Agua Hedionda, in the
County of San Dlego, State of California, according to
Map thereof No. 823, filed in the Office of the County
Recorder of said County November 16, 1896, described as
follows :
Beginning at the Northwesterly corner of Parcel 1 of Parcel
Map 1110, filed in the Office of said County Recorder;
thence along the Westerly prolongation of the Northerly
line of said Parcel Map being also along the Southerly
line of Palomar Airport per Record of Survey 6493 filed
in the Office of said County Recorder, South 79'42'00"
West 1479.57 feet; thence Soutlh 10'18'00" East 224.05
feet to a point of intersection with the Southeasterly
right-of-way of Road Survey 1534-66 (Palomar Airport
Road) filed in the Office of the County Engineer of
said County, said point being the TRUE POINT OF BEGINNING;
thence leaving said right-of-way and continuing South
10"18'00" East 276.00 feet; thence Sou+_h 79"14'24'' West
556.91 feet to a point of intersection wirh said South-
easterly right-of -way of Road Survey 1534-66, being also a
point in a non-tangent 1937.00 foot radius curve concave
Southeasterly, a radial line to said point bears North
40°40' 30" West, thence Northeasterly along said curve
through a central angle of 4'34'22" an arc distance of
154.59 feet; thence tangent to said curve, along said
Southeasterly right-of-way North 53"53'52 East 467.13
feet to the TRUE POINT OF BEGINNING.
Containing 1.8 acres
~pproved by the Local AEzncv Format
Commission of San Dlcgo
Step j. G 1974
$2.2LA-h@4 %rebry of said ComrnisJOrl
EXHIBIT B
0 I)
Ref: CA74-23
CONDITION(S)
1. The description of the boundaries of the territory
to be annexed may be made definite and certain if
modified as set forth in Exhibit B hereto attached.
EXHIBIT C -
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