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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 % 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 -2- 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. S~ , ^r. > ~§'25 "^S1^ a 2.-° i-* SI 51 g n^^'g*> 2. S' o S ° </>-.sii?!u;s!s tj Q. 3 o.2. in t> o » -1- w 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. * 9. The executive officer of this Commission is directed to mail and file certified copies of this resolution as required by law. -2- 10. The executive officer of this Commission is directed to file and mail certified copies of this resolution as required by law. -3- 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 .vj ••:•. 'i Z~ 9 —• — T 1i IZu.Torsn EAST .1IPTION FOS; CARLSBAD ANNEXATION NO.2.22 "' FA'F 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, (COM.^NY Til'. * CO. 1 dift^tNCI |BKO£:JUiS.DATs 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. f>£>rNrNC£ COMPANY OaaERNO.DATE DESCRIPTION EXHIBIT A KZVISIGN3 ev.DATE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. XX XX 8 10 11 12 13 14 15 16 17 18 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 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. XX -2- 1 2 •7«J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 XX XX 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, -3- -**% 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. XX -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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) -5-