HomeMy WebLinkAbout1974-10-01; City Council; 3202; East Carlsbad Annexation 2.22•THE CITY O F CAKLSBAD,CALIF' O R N I A
Agenda Bill No.Da t e :October 1, 1974
Referred To :
subject: PROPOSED ANNEXATION
"East Carlsbad Annexation No. 2.22"
APPLICANT: ALLAN 0. KELLY
Submitted By:
City Clerk
Statement of the Matter
The property proposed to be annexed to the City of Carlsbad is located east
of El Camino Real between Route 78 and Palomar Airport Rd. , and consists
of approximately 226 acres.
The annexation was approved by LAFCO on September 16, 1974. LAFCO has
authorized the legislative body of the City to annex the territory without
notice and hearing and without an election as provided in Government Code
Section 54797.1.
The applicant has complied with the Environmental Protection ordinance,
and the project has been declared to have a nonrsignificant impact on
the environment.
Exhibit
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1. Resolution by LAFCO approving the annexation
2. Vicinity map. •
3. Ordinance No. //
Staff Recommendations
See City Manager recommendations
AS NO. . • • Date.- October 1 . 1974
City Manager's Recommendation
If Council approves annexation, the action should be
to introduce Ordinance No. .
Council Action
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Item 6
Ref: CA74-20
RESOLUTION OF LOCAL AGENCY FORMATION COMMISSION
APPROVING A PROPOSED ANNEXATION OF TERRITORY
TO THE CITY OF CARLSBAD
"EAST CARLSBAD ANNEX. 2.22"
On motion of Commissioner Mihalek , seconded by Commissioner
Morgan , 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. CA74-20) 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
; w 5 owners of land within the territory proposed to be
I S g 3 annexed, or is accompanied by proof, satisfactory to
this Commission, that all of the owners within such
o ?• g co o. -P : q««3 Do I ° territory have given their written cosent to such
annexation, as provided in Government Code Section 54797.1.
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2. The Commission approves such annexation without 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.
4. The description of the boundaries of the Territory to be
annexed is definite and certain
5. The description of the boundaries of the Territory does
conform^) to lines of assessment and ownership.
6. The territory proposed to be annexed is hereby designated the
"East Carlsbad Annexation No. 2.22" : __.
7. The Commission certifies that it has reviewed and considered the
information contained in the Negative Declaration prepared by the
City of Carlsbad.
8. The Commission hereby approves the proposed annexation subject
to the conditions, stated on Exhibit none attached hereto and
the City of Carlsbad is hereby
authorized to initiate annexation proceedings in compliance with
this resolution.
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9. The executive officer of this Commission is directed to mail and
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 AND ADOPTED by the Local Agency Formation Commission
of the County of San Diego this 16th day of September, 1974,
by the following vote:
AYES: Commissioners Chapman, Morgan, Bear, Mihalek,
Mahr
NOES: Commissioners Pray
ABSENT: Commissioners Karn, Brown
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 September 16, 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 16th day of September, 1974.
S.M. SCHMIDT, Executive Officer
Local Agency Formation Commission
County of San Diego
PETER M. DETWILER, Asst. Executive Officer
Local Agency Formation Commission
County of San Diego
"CONSULTANTS-•MOiM'-C'rUM/^ /->/WlOA\!V '.NG!iSc.£HlnG CUr/lrAm j.
5C3 ELM AVENUE • CAKLS3AD, CALIFORNIA 92008
TELEPHONE • AREA CODE 714 • 729-4937
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EAST
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CARLSBAD ANNEXATION NO.2.22
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CIIK'O.
DATE
5-6-74
SHCCT
1 OP 2
That certain parcel of land, being portions of Lots "D" and "E" of Rancho Agua Hedionda,
in the County of San Diego, State of California, according to Partition Map thereof No. 823,
filed in the Office of the County Recorder of said County, described as follows:
Commencing at Corner No. 1 of said Lot "E", as said corner is shown on Record of Survey
Map No. 5169, filed in the Office of the County Recorder of said County; thence along tha
Easterly line of said Lot "E", North 00° 20' 40" East, 1509.25 feet and North 00° 12' 22"
East, 1092.86 feet to Corner No. 13 of said Lot "E" as said corner is shown on said Record
of Survey Map 6169; thence along a portion of the Southerly line of said Lot "E", South
89° 30' 04" East, 100.00 feet to the Southwesterly corner of land described as Parcel 2 in
ds?d to V/estern Land and Development Company, a Partnership, recorded March 12, 1971
ci£ File No. 3381C of Official Records; thence continuing along said Southerly line of said
Lot "E", being the Southerly line of said Western Land and Development Company land,
South 89° 30' 04" East, 683.26 feet to the most Southeasterly corner of said Western Land
and Development Company's land and the TRUE POINT OF BEGINNING; thence
(1) along tha Southeasterly line of said Western Land and Development Company land,
North 34=44' 03" East, 663.15 feet; thence
(2) along the Northeasterly line of said Western Land and Development Company land,
North 15'54' 25" West, 630.45 feet to an intersection with the Southeasterly line of
land described in deed to Oceanside-Carlsbad High School District, recorded
November 27, 1970 as File No. 216959 of Official Records; thence along said
Southeasterly line,
(3) North 53°22' 17" East, 870.39 feet to the Easterly corner of said Oceanside-Carlsbad
High School District land; thence continuing along the boundary line of said i
Oceanside-Carlsbad High School District land,
(4) North 33° II1 55" West, 891.30 feet to an angle point therein; thence
(5) - South 84° 21' 03" West, 1060.12 feet to the Northwesterly corner thereof, being a
point in the boundary line of land of Horace H. Kelly described in Decree of
Distribution of the Estate of William Sherman Kelly deceased, Case No. 44573 of the
Superior Court of San Diego County, recorded-May 11, 1953, in Book 4851, Page 58 as
as File No. G3919 of Official Records; thence from said Northwesterly corner and
along ths boundary line of said Horace H. Kelly land,
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DESCRIPTION
EXHIBIT A
NcViSIONS !
Br OA.'C ,
I&1OV.NG1NEER1NG COMPANY
509 ELM AVENUE • CARLSBAD, CALIFORNIA 92008
TELEPHONE • AREA CODE 714 • 729-4987
-'839 I EAST CARLSBAD ANNEXATION NO. 2.22
FWF
CHX'D.
DATE
5-6-74
SHtET
2 OF 2
(5} North 01° 12' 02" East (record = North 00°03' 10" East), 375.14 feet to an angle point
therein; thence continuing along said boundary line of said Kelly land,
(7) North 18° 19' 26" West (record = North 19° 25' 30" West), 205.03 feet to the
Southwesterly cornsr of land described in deed to Hugh W. Warden, Et Al, recorded
November 30, 1961 as File No. 206962 of Official Records; thence alongthe
Southeasterly line of said Warden, Et Al, land,
(8) North 76° 49' 26" East, 2716.13 feet, more or less to an intersection with the
Northerly prolongation of the West line of the aforementioned Lot "D", thence
continuing along the boundary of said Hugh W. Warden, Et Al, land and the West
line of Lot "D" and its Northerly prolongation,
(9) South 13° 10' 34" East, 1735.00 feet to an angle point in said Hugh W. Warden , Et Al,
land; thence leaving the West line of said Lot "D" and continuing along the boundary
of said Hugh W. Warden, Et Al, land,
(10) North 89°52' 25" East,. 1632.22 feet, more or less; thence leaving said Hugh W.
Wo rd en, Et Al. la nd,
(11) Sout.h 00° 07' 35". East, 1857.56 feet, more or less, to an intersection with the
South Una of said Lot '"D"; inence along the South line of said Lot "D",
(12) North 89° 30' 04" West, 1131.00 feet, more or less, to Point 2 of said Lot :'D" as
shown on said Map No. 823, being also Point 12 of said Lot "E1' and the
Southeasterly corner of said Lot "E"; thencs along the South line of said Lot "E",
(13) North 89° 30' 04" West, 2830.50 feet, more or less, to the TRUE POINT OF BEGINNING
Said parcel of land contains 226 acres, more or less,
Approved by the Local Agency Formation
Commission pf San Diego
SEP 16 1974
Secretary of said Commission1
Tint cc.
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COMPANY
OaaERNO.DATE
DESCRIPTION
EXHIBIT A
KZVISIGN3
ev.DATE
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ORDINANCE NO. 1173
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA
APPROVING THE ANNEXATION TO THE
CITY OF CARLSBAD OF CERTAIN UNINHABIT-
ED TERRITORY HEREINAFTER DESCRIBED
AND DESIGNATING THE SAME AS THE "EAST
CARLSBAD ANNEXATION NO. 2.22".
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 herein-
after identified and described as "East Carlsbad Annexation Mo.
2.22" to the City of Carlsbad, County of San Diego, State of
California, was filed with the Local Agency Formation Commission,
Reference No. CA 74-20.
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 required signatures
and a description of the uninhabited territory hereinafter describ-
ed has been presented to the City Council of the City of Carlsbad
requesting annexation under the Annexation of Uninhabited Terri-
tory 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 by
area and by assessed value as shown on the last equalized assess-
ment 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 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
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. 2.22".
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 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 Cali-
fornia Government Code have been complied with.
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on said Record
along a portion
Lot "E", South
SECTION 8. That it does hereby approved 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 Annexation No. 2.22", and more particularly described as
follows:
That certain parcel of land, being portions
of Lots "D" and "E" of Rancho Agua Hedionda,
in the County of San Diego, State of Cali-
fornia, according to Partition Map thereof
No. 823, filed in the Office of the County
Recorder of said County, described as
follows:
Commencing at Corner No. 1 of said Lot "E",
as said corner is shown on Record of Survey
Map No. 6169, filed in the Office of the
County Recorder of said County; thence along
the Easterly line of said Lot "E", North
00°20'40" East, 1509-25 feet and North
00°12'22" East, 1092.86 feet to Corner No.
13 of said Lot "E" as said corner is shown
of Survey Map 6169; thence
of the Southerly line of said
89°30'04" East, 100.00 feet
to the Southwesterly corner of land described
as Parcel 2 in deed to Western Land and
Development Company, a Partnership, recorded
March 12, 1971 as File No. 38810 of Official
Records; thence continuing along said Souther-
ly line of said Lot "E", being the Southerly
line of said Hestern Land and Development
Company land, South 89°30'04" East, 683.26 feet
to the most Southeasterly corner of said Western
Land and Development Company's land and the
TRUE POINT OF BEGINNING; thence
1) along the Southeasterly line of said Western
Land and Development Company land, North
34°44'03" East, 663.15 feet; thence
2) along the Northeasterly line of said Western
Land and Development Company land, North
15°54'25" West, 630.45 feet to an intersec-
tion with the Southeasterly line of land
described in deed to Oceanside-Carlsbad High
School District, recorded -November 27, 1970,
as File No. 216959 of Official Records; thence
along said Southeasterly line,
3) North 53°22'17" East, 870.39 feet to the Easter-
ly corner of said Oceanside-Carlsbad High
School District land; thence continuing along
the boundary line of said Oceanside-Carlsbad
High School District land,
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4) North 33°1T55" West, 891.30 feet to an
angle point therein; thence
5) South 84°21'03" West, 1060.12 feet to the
Northwesterly corner thereof, being a point
in the boundary line of land of Horace H.
Kelly described in Decree of Distribution
of the Estate of William Sherman Kelly
deceased, Case Mo. 44573 of the Superior
Court of San Diego County, recorded Hay 11,
1953, in Book 4851, Page 58 as File No.
63919 of Official Records; thence from said
Northwesterly corner and along the boundary
line of said Horace H. Kelly land,
6) North 01°12'02" East (record = North 00°03'10'
East), 375.14 feet to an angle point therein;
thence continuing along said boundary line of
said Kelly land,
7)
8)
9)
10)
11)
12)
13)
North 18°19'26" West (record = North 19°25'30"
West), 205.03 feet to the Southwesterly corner
of land described in deed to Hugh W. Warden,
Et Al , recorded November 30, 1961 as File No.
206962 of Official Records; thence along the
Southeasterly line of said Warden, Et Al, land,
North 76°49'26" East, 2716.13 feet, more or
less to an intersection with the Northerly
prolongation of the West line of the afore-
mentioned Lot "D", thence continuing along
the boundary of said Hugh W. Warden, et al
land and the West line of Lot "D" and its
Northerly prolongation,
South 13°10'34" East, 1735.00 feet to an angle
point in said Hugh W. Warden, Et Al, land;
thence leaving the West line of said Lot "D"
and continuing alona the boundary of said Hugh
W. Warden, Et Al, land,
North 89°52'25" East, 1632.22 feet, more or
less, thence leaving said Hugh W. Warden, Et
AT, land,
South 00°07
less, to an
of said Lot
of said Lot
'35" East, 1857.56
intersection with
"D"; thence along11 D",
feet, more or
the South line
the South line
North 89°30'04"
less, to Point
on said Map No.
of said Lot "E"
of said Lot "E"
of said Lot "E"
West, 1131.'-00 feet, more or
2 of said Lot "D" as shown
823, being also Point 12
and the Southeasterly corner
; thence along the South line
North
less,
89°30'04" West, 2830.50 feet, more
to the TRUE POINT OF BEGINNING.
or
Said parcel of land contains 226 acres, more or less.
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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.
SECTION 11. PUBLICATION. The City Clerk of the City of
Carlsbad is hereby directed to cause this Ordinance to be published
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 day of , 1974, and
thereafter PASSED, APPROVED AND ADOPTED at a regular meeting held
on the day of , 1974, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ROBERT C. FRAZEE, Mayor
ATTEST:
MARGARET E. ADAMS, City Clerk
(SEAL)
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