HomeMy WebLinkAbout1975-02-04; City Council; 3294; Proposed "East Carlsbad Annexation No. 2.19"- - 9-c-7,;;;
CITY OF C A R L S B A D, ' CALIF'OXNIA c> T €1 E
--Ref erred To :
'
Subject: Submitted By:
7\ Fire District Detachment - . "East Carlsbad Annexation No. 2.1.9" City Clerk
._ --
Statement of the Matter
b
"East Carlsbad Annexation No. 2.19" was completed May 9, 1974. The property is situated in the San Marcos Fire Protection District and i.t is. necessary to have this property withdrawn from the San Marcos Fire Protection District.
The City 'Attorney has prepared a resolution for your consideration.
Exhibit
1:
2.
Resolution Ni. 35&l/ declaring the area withdrawn.
Memorandum from the City Attorney to the City Clerk dated January 17, 1975.
Staff Recommendations
The Council consider .the adoption of Resolution No.. d b"g,/.
-:
*. AB No. Date: Fehrwv 4. 1975
7r
City Manager's R,ecommendation
-Concur with staff recommendations.
Council' Action
. 2-4-75 Resolution #3591 was adopted, declaring area known as "East Carlsbad Annexation No. 2.19" detached from the San Marcos Fire Protection District effective February 7,
1975.
* ... .
-2-
0
5
1:
21
22
22
2'4
25
26
27
28
29
30
31
32
-r
RESOLUTION NO. 359
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, DECLARING
THAT THE AREA COMPRISING THE ANNEXATION
OF CERTAIN UNINHABITED TERRITORY, DESIG-
NATED AS THE EAST CARLSBAD ANNEXATION
NO. 2.19 TO THE CITY OF CARLSBAD IS TO
BE WITHDRAWN FROM THE SAN MARCOS FIRE
PROTECTION DISTRICT EFFECTIVE FEBRUARY 7,
1975.
WHEREAS, the real property described and known as the
East Carlsbad Annexation No. 2.19 has been annexed to the City
of Carlsbad, and such annexation proceedings were complete on
May 9, 1974; and
WHEREAS, said property is situated in the San Marcos
Fire Protection District;
- __
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That under the statutory authority set forth in
Health and Safety Code Section 13952 the territory annexed by
the East Carlsbad Annexation No. 2.19 is hereby withdrawn from
the San Marcos Fire Protection District effective February 7, - -_i
1975. Said territory is legally described as follows:
All those portions of the Southeast Quarter of Sec- tion 19, the Northwest Quarter of Section 29 and the
Northeast Quarter of Section 30, all in Township 12
South, Range 3 West, San Bernardino Meridian, in the
County of San Diego, State of California, according to the Official Plat thereof described as follows:
Beginning at the center of said Section 30; thence
along the Westerly line of the Northeast Quarter
of said Section
(1) North OO37'59" East, 2628.45 feet to the
North Quarter corner of said Section, being also
the South Quarter corner of said Section 19; thence
along the Westerly line of the Southwest Quarter of the Southeast Quarter of said Section 19
(2) North OO20'52" East, 1336.04 feet to the North- west corner of said Quarter-Quarter Section; thence
along the Northerly line of the South Half of the
_Southeast Quarter of said Section 19
(3) South 89O46'10" East, 1064.99 feet to an inter-
section with the proposed Westerly line of S.A. 460 1 jJ
I.
1
2
2
4
G U
e
7
E
s
1c
11
1:
1:
21
22
2:
24
25
2f
27
2E
2s
3c
33
32
(Melrose Avenue, 126 feet wide); thence leaving
said Northerly line along said Westerly line
(4) South 17°50'30" East, 868.85 feet to the begin-
ning of a tangent 3263.00-foot radius curve con-
cave Northeasterly; thence
(5) Southeasterly along the arc of said curve
through a central angle 17O35'14" a distance of
1001.59 feet; thence tangent to said curve along
said Westerly line to and along the proposed
Westerly line of S.F. 1412 (Rancho Santa Fe Road)
(6) South 35O25'44" East, 2720.89 feet to an inter-
section with the East-West center line of said
Section 29; thence leaving said Westerly line along
said Section center line
(7) North 89O24'31" West, 753.29 feet to the West
Quarter corner of said Section, being also the East
Quarter corner of said Section 30; thence along the
East-West center line of said Section 30
(8) South 89°18'31" West, 2639.82 eeet to the POINT
OF BEGINNING.
EXCEPTING from the above-described parcel of land
all that portion thereof conveyed to San Marcos
County Water District by"Xe<ed recorded July 16, 1958
in Book 7167, Page 446 as Document No. 113725,
Official Records of said County.
The parcel of land first described--above contain-
ing 181.6 acres, more or less.
I 4 -.
i
-
3. That the City Clerk is hereby directed to file a
copy of this resolution with the Clerk of the Board of Supervisors
of San Diego County and to request that the resolution be dis-
tributed in accord with the law.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 4th day of February, 1975
by the following vote, to wit:
AYES: Councilmen Frazee, Chase, Lewis and Skotnicki
NOES: None
ABSENT: None /
CJ7p
ROBERT C. FRAZEE, ayor
ATTEST:
(SEAL)' '
2.
. .^
c
MEMORANDUM
TO : City Clerk
FROM: City Attorney
DATE: January 17, 1975
RE : Annexations--Fire District Detachments
In response to. your memorandum dated January 14, 1975,
I have looked into the law applicable to the procedure to be followed in detaching annexed property from fire protection districts, and I would be happy to discuss the matter in
general terms with you at your convenience. In response
to your request, I have prepared a resolution to accomplish the detachment of the East Carlsbad Annexation No. 2.19 from the San Marcos Fire Protection District. State law requires that the resolution be forwarded to the Board of Directors of the District and to its taxing authority. I am informed that the correct current procedure is to simply forward it to the Clerk of the Board of Supervisors who has assumed the responsibility of further distribution. The correct-
ness of my information should be verified by you with the Clerk of the Board.
There are provisions in the law dealing with the
financial effects of a detachment. If the territory being
detached is 1% or lessafthe total assessed valuation of the District, then no financial arrangements are necessary. If the territory exceeds 1% of the District's assessed valuation, it is necessary for the District and the City to agree on an appropriate distribution. I have no information on how it is handled as a practical matter. If the 1% limit is ex- ceeded, we will have to follow up with this by contacting some other city in the County which has had previous experi-
ence in that regard.
The resolution which I have prepared is readily
adaptable as a form for future use. I would suggest we make it a routine part of the processing of annexations to determine if any are located in the San Marcos Fire Pro- tection District. If so, we can prepare the necessary de- tachment resolution at the same time as the resolution approving the annexation is before the City Council.
VFB : af
Enclosure
''. VINCENT F. BIONDO, JR. I