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HomeMy WebLinkAbout1975-05-06; City Council; 3358; Proposed "East Carlsbad Annexation No. 2.24"Ref erred To : Submitted By: "PROPOSED EAST CARLSBAD ANNEXATION Subject : NO. 2.24". (Templin Heights) City Clerk Applicant; Investors Development & Mortgage Corporation. Statement of the Matter The property proposed to be annexed is located approximately 0.4 of a mile east of El Camino Real and 0.8 south of Highway 78. The territory consists of 85.25 acres. The annexation was approved by LAFCO on April 7, 1975 and authorized 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. Exhi bi t 1. Copy of Local Agency Formation Commission Resolution - Reference 2. Vicinity map. 3. Introduction of Ordinance No. /)f& . NO. CA75-1. Recommendation -. . If the City Council approves annexing the property, Ordinance No. //@ should be introduced for a first reading. Council Action 5-6-75 Ordinance #1180 was introduced for a first reading, approving "East Carlsbad Annexation #2.24' (Templin Heights)'. 5-20-75 Ordinance #1180 was given a second reading and adopted. Item 8Ref: CA75-1 RESOLUTION OF LOCAL AGENCY FORMATION COMMISSION APPROVING A PROPOSED ANNEXATION OF TERRITORY TO THE CITY OF CARLSBAD "EAST CARLSBAD ANNEXATION No. 2.24" On motion of Commissioner Morgan _, seconded by Commis- sioner Taylor , 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. CA75-1 ) 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 sfts^si. owners of land within the territory proposed to be annexed, or is accompanied by proof, satisfactory to this Commission, that all of the owners within such |f territory have given their written consent to such annexation, as provided in G9vernment Code Section 54797.1, c =; '«>£.• c£> °- ? 3 3 ST -- ? ->- m £ ~ » 8 £ Q "? > " 5 m o ~' O o 5 3 -1-COPY 2. The Commission approves such annexation without notice and hearing and also approves and authorizes the legislative body of the City to annejc_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. 2.24". 7. The Commission certifies that it has reviewed and considered the information contained in the EIR prepared by the City of Carlsbad. Although significant environmental effects have been identified in the EIR, the Carlsbad City Council has determined that there is a need for middle income housing within its city which overrides the environmental issues involved. 8. The Commission hereby approves the proposed annexation subject to the conditions, stated on Exhibit none attached hereto and the c , City of Carlsbad 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- PASSED AND ADOPTED by the Local Agency Formation Commission of the County of San Diego this 7th day of April, 1975, by the following vote: AYES: Commissioners Mihalek, Taylor, Chapman, Karn, . • Morgan and Pray NOES: Commissioners None ABSENT: Commissioners None ABSTAINING: Commissioners Walsh ******* 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 April 7, 1975, 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 7th day of April, 1975. M. SCHMIDT, Executive Officer Local Agency Formation Commission County of San Diego LEGAL DESCRIPTION EAST CARLSBAD ANNEXATION NO. - 2.24 That portion of Lot "J" of Rancho Agua Hediorida in the County of San Diego, State of California, according to Map 823 filed in the office of the County Recorder of San Diego County, November 16, 1896, described as follows: Beginning at a point of the Northeast corner of Lot 13 of El Camlho Mesa f§/ MaP 6693, said Map being filed in. the office of the County Recorder, County of San Diego, State of California; thence 1. S. 89°44'05"E a distance of 151.04 feet; thence 2. N. 6 29'30" W a distance of 843.43 feet; thence 3. S. 89 49'02" E a distance of 2,335.37 feet; thence 4. S. 23°27'30".E a distance of 1,313.00 feet; thence 5. S. 82°00' W a distance of 2,763.45 feet; thence 6. N. 49019'55" W a distance of 220.62 feet; thence 7. N. 6 29'30" W a distance of 585.14; to the point of beginning. Approved by the Local Agency Formation Commission of San Diego APR 7 1975 Secretary of said Commission Temp-lin Heights and adjacent SDG & E Easement DLC/db 11/1/74 EXHIBIT A' c 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 i ORDINANCE NO. 11 80 -.--- AN ORDINANCE OF THE CITY COUNCIL OF THE . CITY OF CARLSBAD, CALTFORNIA APPROVING TllE ANNEXATION TO THE CITY OF CARLSBAD 0 F C E RTA I N U N I NH AB I T E D T E R [<'I T 0 R Y ti E tl E I N - AFTER DESCRIBED AND UESIGNATING THE SAME - AS THE "EAST CARLSBAD I_ ANNEXATION NO. 2.24". 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 2 proposal for the initiation of proceedings for the annexation of territory herein- after identified and described as "East Carlsbad Annexation No. 2.24" to the City of Carlsbad, County of San Dieyo, State of California, was filed with .the Local .Agency Forniation Commission, Reference No. CA 75-1. B. That a resolution of the said Local Agency Formation Coinmission, after a hearing held in the manner required by law, was duly passed and adopted on the 7th day of April, 1975, 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 signa- tures and a description of the uninhaqited .territory hereinafter described has been presented to the City Council of the City 0.f Carlsbad requesting annexation under the Annexation of Uninhabited Territory Act. of 1939, Government Code Sections 35300. through 35326. E. That said petition has been signed or consent hcrcto 1. , r: ,? 'i 0 A 1 2 .3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 I I I has been filed by the owners of all of the land in the territory proposed to be annexed. - SECTIONX: That said petition contains a description of certain uninhabited territ'ory 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 sitciated. 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 hereb,y designated and shall hereafter be known as the "East Carlsbad Annexation No. 2.24". *_. 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 annex-ation of said described property. --_- SECTION 7: That all requirements of law necessary to the Bdoption of this ordinance approving the annexation of certain uninhabited territory pursuant to Section 35310.1 of the California Government Code have been conipl icd with. I- SECTION - -- 8: That it does hereby appro:'c +'le annexriI ri to 2. 1 2 311 Carlsbad Annexation No. 2.24", and more particularly described as I the City of Carlsbad of that certain real property located in the County of San Diego, State of California, desiynated.as the "East 8 9 '17 18 19. 20 21 22 10 11 12 13 its adoption and transmit it to the Secretary of State. SECTION -- 10: - EFFECTIVE --_- DATE: This ordinance shall take effect and be in force thirty days after its adoption. I 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 within fifteen days after its adoption, foll ows: 24 25 That portion of Lot "J" of Rancho Agua Hedionda in the County of San Diego, State of California, according to Map 823 filed November 16, 1896, in the office of the County Recorder, described as follows: Carlsbad. INTRODUCED AND FIRST READ at a regular meeting of the City Beginning at a point of the Northeast corner of Lot 13 of El Camino MeSa #5, Map 6693, said Map being filed 'in the office of the County Recorder, County of San Diego, State of California; thence 1. S. 89i44'05" E a distance of 151.G4 feet; thence 2. N. 6029'30" W a distance of 843.43 feet; thence 3. S,. 89 49'02" E a distance of 2,335.37 feet; thence 4. S. 23E27'30" E a distance of 1,313.00 feet; thence 5: S. 82 00' W a distance of 2,763.45 feet; thence 6. N. 49:19'55" W a distance of 220.62 feet; thence 7. N. 6 29'30:' W a distance of 585.14; I 14 // to the point of beginning. . 15 16 SECTION 9: That the City Clerk is directed to prepare I under seal a certified copy of this ordinance giving the date of 23// said newspaper published and of general circulation in:said City of I 26 27 28 29 30 31 32 Council held on the ---~- 6th day of ---1_--1 May , 1975 and thereafter PASSED, APPROVED AND ADOPTED at a regular meeting held on the, xxx \ xxx . xxx xxx xxx 3. .. .- c .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1! 1t ' 1' 2: 2; 24 2: 2E 27 2E 29 3c . 31 32 20th day of May , 1975, by the following vote, to wit: AYES: Councilmen Frazee, Chase, Lewis, .S.kotnicki and NOES: None Counci 1 woman Cas1 er ATTEST: (SEAL) 4.