HomeMy WebLinkAbout1975-07-15; City Council; 3425; East Carlsbad Annexation 2.23 (Cal-Pacific); ... ',
CITY OF CARLSBAD
AGENDA BILL NO. 2#ds'
DATE: July 15, 1975 ?-
DEPARTMENT: City Clerk
Initial:
Dept . Hd .
C. Atty.u/?d
C, Mgr. 5 .
1
Subject : Proposed "East Carlsbad Annexation No. 2.23"
. (Cal-Pacific Properties, Inc.)
Statement of the Matter
The applicant, Cal-Pacific Properties, Inc., has submitted an applica- tion for the annexation of approximately 30.40 acres, located on the east side of El Camino Real north of Alga Road.
Subject application was approved by LAFCO on June 2, 1975. A pre- annexation zone change was granted from County E-1-A to RD-M and C-1 by Ordinance #9410. In approving the annexation LAFCO authorized the Legislative body of the City to annex such territory without notice and hearing by the Legislative body, and with0u.t an election, as provided by Government Code Section 54797.1.
Exhibit
1.. Application and consent to annex said property.
2. Resolution adopted by LAFCO. 3. ,Vicinity Map. 4.' Ordinance NO. /& of the City Council. . .
Recommendation
If the Council chooses to annex this territory, it is recommended
the attached ordinance be introduced'for a first reading.
Council action
7-17-75 Ordinance #1185 was introduced for a first reading, approving
annexation of certain property to the City of Carlsbad, to be
known as "East Carlsbad Annexation No. 2.23". .
8-5-75 Ordinance #1185 was given a second reading and adopted.
Local Agency Forma tWh Commission
456 County Administration Center -
1600 Pacific Highway . .
San Diego, California 92101
Gentlemen: • .
Application is hereby made to annex territory to the City of
* *
CARLSBAD ' •.. ' f ' • '
' The annexation is proposed under the following statutory provisions:
'Annexation Act of 1913 fo/ Annexation of Uninhabited
Territory Act of 1939
LJ Government Code § 54797.1 • /~/ .Other
(100% consent of property
owners)
• »•.
Included with this application are:
• (a) proper metes-and-bounds legal description of the territory,
.(b) 15 copies .of a vicinity map (8%n x 11").
(c) ^""reproducible map showing the precise boundaries of the
territory. .
(d) 10 prints of the map showing the precise boundaries.
(e) if applicable, consent forms signed and dated by the
.landowners. . .
(f) H&large scale topographical map identifying the subject
• * territory and any significant environmental areas relating
to the project. -.*-,.. .
Notice, process and other communications regarding said annexation
may be directed to the proponents at:
Attachments •
' Signed y^y.. (X\>Uu
• . . • Proponent
CA . ' • • A '
1AFC 4/74 .
CONSENT TO ANNEXATION
TO
CITY' OF
(Ref: Section 54797.1, Gov. Code)
Each of the undersigned represents that he (she) is the owner of the
property described opposite his (her) name and located within the
territory described in the attached legal description, and hereby
consents to the annexation of said property to the above named city.
DATE NAME ADDRESS
Property Description
or County Assessor's
Parcel Number
z f-//
X jar/? #fo</&eco Qt. .C»
^. f/?....//?<>
NOTE: Legal description of territory proposed to be annexed must
be attached at the time consent is signed.
\
CONSENT TO ANNEXATION
'TO .
CITY OF ' Carlsbad
(Ref: Section. 54797.1, Gov. Code)
Each of the. undersigned represents that he (she) is the owner of the
property described opposite his (her) name and located within the
territory 'described in the attached legal description, and hereby
consents to the annexation of said property to the above named city.
• • Property Description
• • . " . ' or County Assessor's
DATE NAME ' . ADDRESS . ' Parcel Number
VA COST
^.Vl.
NOTE: Legal description of territory proposed to be anncxc'd must
be attached at the time consent is signed.
Item 7
Ref: "CA75-3
'RESOLUTION OF LOCAL AGENCY FORMATION COMMISSIONAPPROVING A PROPOSED ANNEXATION OF TERRITORY
TO THE CITY OF CARLSBAD
"East Carlsbad Annexation No. 2.23"
On motion of Commissioner Karn _ , seconded by Commis--
sioner Pray _ , 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. CA75-3 ) 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
owners of land within the territory proposed to be
annexed, or is accompanied by proof, satisfactory to
. „„.. s.p!3 this Commission, that all of the owners within such
- ;; r 2 1 8 2 IH
1 '^S'^o.P'i^ territory have given their written consent to such
5 '^ 1 S n "* 2- '?;
annexation, as provided in Government Code Section 54797.1,
,-1-
„ -g - = & ~ a <.
r, «a T .» o o
2. The territcf" ^proposed to be annexed ^""Veinafter referred
T"-.«^ N,, -.^/
to as the Territory) is as described in Exhibit A attached
hereto.
3. The description of the boundaries of the Territory to be
annexed is not definite and certain but may be made so if
modified as set forth in Exhibit B attached hereto.
4. The description of the boundaries of the .Territory does
conform(s) "to lines of assessment and ownership.
5. The territory proposed to be annexed is hereby designated the
East Carlsbad Annexation No. 2.23 \ .
6- The Commission certifies that it has reviewed and considered the
information contained in the EIR prepared by the City of
Carlsbad.
. '
7. The Commission hereby approves the proposed annexation
without notice and hearing subject to the conditions,
stated on Exhibit c attached hereto.
8. The legislative body of the City of Carlsbad
is authorized -to initiate annexation proceedings in
compliance with this resolution, without notice and hearing,
and without an election as provided in Government Code
Section 54797.1
9. The executive officer of this Commission is directed to
mail and file certified copies of this resolution as required
by law. • • . -
-2-
,**•'
V
PASSED AND ADOPTED by the Local Agency Formation Commission
of the County of San Diego this 2nd day of June, 1975, by
the following vote:
AYES: Commissioners Mihalek, Chapman, Karn, Morgan,
Pray and Taylor
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAINING: Commissioners None
Mr. Walsh absent from the room.******
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 June 2, 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 2nd day of June,
S. M. SCHMIDT, Executive Officer
Local Agency Formation Commission
Description of East Carlsbad Annexation No. 2.23
-. to the City of Carlsbad
January 2, 1975
All that portion of Section 26, Township 12 South, Range 4 West, San
Bernardino Base and Meridian, County of San Diego, State of California,
described as follows:
Beginning at the southeast corner of the west half of the northeast
quarter of said Section 26;
1) Thence North 89°15'32" West 161.76 feet to the easterly line of El
Camino Real (County Road Survey 1800-1);
2) Thence North 10O42'21" West along said easterly line of El Camino
Real a distance of 275.65 feet;
3) Thence continuing along said easterly line, North 7°35'11" West a
distance of 800.73 feet to the beginning of an 1845 foot radius
tangent curve concave westerly;
4) Thence continuing along said easterly line, northerly along said
curve through a central angle of 13°52I34" an arc distance of 466.83
feet to a point on the arc of an 1863 foot radius curve concave
westerly. (A radial line to said point on the arc of said 1863
foot radius curve bears North 66°27'00" East.)
5) Thence continuing along said easterly line of El Camino Real northerly
along said curve through a central angle of 9°27'41" an arc distance
of 307.64 feet;
6) Thence continuing along said easterly line of El Camino Real North
33°00'41" West a distance of 1054.43 feet, more or less, to the
northerly line of said Section 26;
7) Thence along said northerly line of said Section 26, South 89°17'40"
East a distance of 1162.02 feet to the east line of said west half
of the northeast quarter of said Section 26;
'8) Thence SoutK 0O14'34" West along said east line a distance of 2638.53
feet to the Point of Beginning.
(contains 30.40 acres)
EXHIBIT A
Description of E^T^-Carlsbad Annexation No,"* "^23
to the City of CarTsbad ' x
January 2, 1975
All that portion of Section 26, Township 12 South, Range 4 West,
San Bernardino Base and Meridian, County of San Diego, State of
California, described as follows:
Beginning at the southeast corner of the west half of the northeast
quarter of said Section 26;
1) thence north 89°15'32" west to the westerly line of El Cainino
Real (County Road Survey 1800-1)*;
2) thence northerly along said westerly line of El Camino Real to
the northerly line of said Section 26;
3) thence along said northerly line of said Section 26 south
89°17I40" east to the east line of said west half of the north-
east quarter of said Section 26;
4) Thence south 0°14I34" west along said east line a distance of
2638.53 feet to the point of beginning.
* Map on File in the County Engineer's Office of said County
JUN 2
r *^ \^J£/i//? \Jt
Secretary of said
EXHIBIT B
CA75-3
CONDITION(S)
The description of the Territory shall be modified
so as to conform to the description as set forth in
Exhibit B attached hereto.
EXHIBIT G
NO \\ SCALE.
VICINITY MAP
'EA'ST CARLSBAD ANNEXATION
NO. 2.23
1 ' ORDINANCE NO. _J_L85__
2 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
3 APPROVING THE ANNEXATION TO THE CITY
OF CARLSBAD OF CERTAIN UNINHABITED
4 TERRITORY HEREINAFTER DESCRIBED AND
DESIGNATING THE SAME AS THE "EAST
5 CARLSBAD ANNEXATION NO. 2.23".
6 The City Council of the City of Carlsbad does.ordain as
7 follows:
8 _SECTION 1 : That it does hereby find and declare as fallows:
9 A. That an application for approval of a proposal for the
10 initiation of proceedings for the annexation of territory herein-
11 after identified and described as "East Carlsbad Annexation
12 No. 2.23" to the City of Carlsbad, County of San Diego, -State of
13 California,.was filed with the Local Agency Formation Commission,
14 Reference No. CA 75-3.
15 B. That a resolution of the said Local Agency Formation
16 Commission, after a hearing held in the manner required by law,
I1? was duly passed and adopted on the 2nd day of June, 1975, approving
«
18 the application for annexation of the territory hereinafter des-
19 cribed by metes and bounds to the City of Carlsbad.
20 C. That said resolution provided that said annexation was
21 approved without notice and hearing and further provided that
22 the City Council of the City of Carlsbad was authorized to annex
23 said territory without notice and hearing by said Council and
24 without an election as provided in California Government Code
25 Section 54797.1 .
26 D. That a written petition containing the required signa-
27 tures and a description of the uninhabited territory hereinafter
28 described has been presented to the City Council of the City of
29 Carlsbad requesting annexation under the Annexation of Uninhabited
\
30 Territory Act of 1939, Government Code Sections 35300 through
31 35326. • '
32 E. That said petition has been signed or consent hereto
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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
assessment roll of the County of San Diego, in which County the
City of Carlsbad is situated.
l Tnat 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 la-nd in the territory proposed
to be annexed and, therefore, no protests may be filed against
the annexation by persons owning property in the territory.
SJjCJIOjN__4_^ That the territory proposed to be annexed to the
City is uninhabited territory as defined by Section 35303 of the
Government Co.de and is contiguous to the boundaries of the City.
SECT I ON 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. 2.23".
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 .
SECJION_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.
SCCTI_pJJ_8_: That it does hereby approve the annexation to
2. •
1 the City of Carlsbad of that certain real property located in
2 t-he County of San Diego, State of California , -designated as the
3 "East Carlsbad Annexation No. 2.23", and more .particularly
4 described as follows:
5 All that portion of Section 26, Township 12
South, Range 4 West, San Bernardino Base and
6 Meridian, County of San Diego, State of
California, described as folltfws:
7
Beginning at tht southeast corner of the west
8 half of the northeast quarter of said Section
26;
9
1). thence, north 89°15'32" west to the westerly
10 line of El Camino Real (County Road Survey
1800-1)*;
11
•2) thence northerly along said westerly Line
12 of El Camino Real to the northerly line of
said Section. 26;
13
3) thence along said northerly line of said
14 Section 26' south 89°17'40" east to the east
line of said'west half of the northeast
15 quarter of said Section 26;
16 4) thence south 0°14'3.4" west along said
east line a distance of 2638.53 feet to the
17 point of beginning.
18 * Map on file in the County Engineer's
'OfficeofsaidCounty
19
20 SECTIO^ 9: That the City Clerk is directed to prepare
21 under seal a certified copy of this ordinance giving the date
22 of its' adoption and transmit it to the Secretary of State.
23 SECTION 10: EFFECTIVE DATE: This ordinance shall be
24 effective thirty days after its adoption, and the City Clerk
25 shall certify to the adoption of this .ordinance and cause it
26 to be published at least once in the Carlsbad Journal within
27 XX '
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3. ' -