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HomeMy WebLinkAbout1975-12-16; City Council; 3550; Proposed annexation South Carlsbad No. 1.22^ CITY OF CARLSBAD AGENDA BILL NO. &<$QO . Initial: • Dept.Hd. DATE; December ,16. 1975 c Att DEPARTMENT; City Clerk ; C. Mgr.& Subject: PROPOSED ANNEXATION TO CITY OF CARLSBAD "South Carlsbad Annexation No. 1.22" Applicant: William Savage ; ' Statement of the Matter The proposed annexation is located adjacent to the east line of the San Diego Freeway, Interstate 5 and immediately north of Batiquitos Lagoon. The site is located approximately 2,000 feet south of the Poinsettia Lane, Interstate 5 interchange on Lagoon.Lane. The area consists of 42.48 acres. The annexation was approved by LAFCO on December 1, 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 Exhibits • . 1. Copy of Local Agency Formation Commission Resolution - Reference No. CA75-24. 2. Vicinity map. 3. Ordinance No. Recommendation If The City Council approves annexation of the property, Ordinance No. should be introduced for a first reading. Council action 12-18-75 Ordinance #1187 was introduced for a first reading. By minute • motion it was agreed tha't prior to the final adoption of Ordinance #1187 the applicant shall remove all existing signs on the subject property and construct signs which are in accord with the City of Carlsbad sign ordinance, and the applicant shall file Detachment Application from the Leucadia County Mater District service area with LAFCO. 1-6-76 The matter was continued to the next regular meeting of the . • Ci ty Council . 1-20-76 Ordinance No. 1187, approving the Annexation to the City of Carlsbad., was given a second reading and adopted following a staff report that all conditions of the annexation had been met. ' " C . Item 5 Ref: 'CA75-24 : ^ 'RESOLUTION OF LOCAL AGENCY FORMATION COMMISSION APPROVING A PROPOSED ANNEXATION OF TERRITORY TO THE CITY OF CARLSBAD "Savage Annexation" 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. CA75-24 ) 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 - '. "•"•'" ''*, IT fe-!? £ ~ s £ g annexed, or is accompanied by proof, satisfactory to ° ^ ^ o' I I w § 5 ~ " t 2. ^ ^ !> this Commission, that all of the owners within such ^ls:K -n" ci territory have given their written consent to suchr+ ::r '*•• c. y ^ V .-•• J o o a- 's -• '•: , -- a - c - ;2 £- ij , Oro I o s ••• i". §• ' annexation, as provided in Government Code Section 54797.1,8! ^ 3 a " • a s s £r 2. The territory proposed to be ar\nex&u (hereinafter referred 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 definate and certain. 4. The description of the boundaries of the Territory contorm(s) to lines of assessment and ownership. 5. The territory is uninhabited 6. The territory proposed to be annexed is hereby designated the "Savage Annexation" . 7. The Commission certifies that it has reviewed and considered the information contained in the EIR prepared by the City of Carlsbad. 8. The Commission hereby approves the proposed annexation without notice and hearing subject to the conditions, stated on Exhibit none attached hereto. 9. 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. 10. 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 1st day of December, 1975, by the following vote: AYES: Commissioners Mih a lek, -Chapman, Karn, Morgan, Pray, Taylor and Walsh NOES: Commissioners None ABSENT: Commissioners None 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 December 1, 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 th>s-^Lst day of December, 1975. •/&^s7u. SCHMIDT, Executive Officer M Local Agency Formation Commission FORM «6ti DAWCO PRESS -NGINEERING COMPANY 3088 PIO PICO DR. TELEPHONE SUITE 202 • CARLSBAD, CA 92008 AREA CODE 714 • 729-4987 JOB NO. 5204 LE6AL DESCRIPTION FOR; PRE-ANNEXATIONAL ZONE CHANGE Br FWF CHK'D.2-7-75 iHtET 1 OF 2 That portion of Lot 1, Section 33, Township 12 South/ Range 4 West, San Bernardino Meridian and that portion of the Southwest Quarter of the Southeast Quarter of Section 28, Township 12 South, Range 4 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 Northeast corner of said Lot 1; thence along the East line of said Lot 1 (1) South 0* 44' 59" East, 788.03 feet to the Southeast corner of said Lot; thence (2) North 69° 05' 40" West, 454.32 feet to an angle point in the boundary of said Lot 1, said angle point being the Westerly terminus of that course shown as North 69° 58' 02" West, 454.38 ,.-feet on Record of Survey Map No.1676 on file in the Office of the County Recorder of said County; thence continuing along said boundary (3) South 33° 09' 27" West, 234.45 feet to an intersection with the Easterly line of Parcel 1 of that certain Lis Pendens recorded March 15, 1961, as Document No.46721 of Official Records of said County; thence leaving said boundary along the Easterly line of said Parcel 1 the following courses: (4) North 25° 27' 58" West, 88.85 feet; thence (5) North 36° 16' 49" West, 353.55 feet; thence (6) North 32° 46' 41" West^ 561.91 feet to the Southwest corner of Carlsbad,Tract 73-24 according to Map thereof No.7996 on file in the Office of the County Recorder of said County; thence leaving the Easterly line of said Parcel 1 along the boundary of said Map No.7996 the following courses: (7) South 89° 10' 00" East, 238.71 feet; thence (8) North 19° 08' 32" East, 322.56 feet; thence (9) North 16° 30' 21" West, 481.57 feet; thence (10) North 23° 10' 32" West, 648.71 feet to an intersection with the " - North line of the above mentioned Southwest Quarter of the South east Quarter; thence along said North line TITLE CO. REFERENCE COMPANY ORDER NO. DESCRIPTION REVISIONS DATE 46,0 DAWCO -NGINEERING COMPANY 3088 PIO PICO DR. TELEPHONE SUITE 202 • CARLSBAD, CA 92008 AREA CODE 714 • 729-4987 JOB NO. 5204 LEGAL DESCRIPTION FOR: PRE-ANNEXATIONAL ZONE CHANGE FWF CHK'D.2-7-75 SHEET 2 OF 2 (11) South 89° 08' 38" East, 1154.07 feet to the Northeast corner of said Quarter; thence leaving said North line along the East line of said Quarter (12) South 0° 30' 51" West, 1357.86 feet to the POINT OF BEGINNING Said parcel of land contains 42.48 acres more or less. _, v,.:5 Locai Agencv Formation Secretary TITLE CO. REFERENCE ORDER NO.DATE DESCRIPTION REVISIONS DATE »---ai& I wr v/VJr\ VICINI c ORDINANCE NO.11871 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 "SOUTH 5 CARLSBAD ANNEXATION NO. 1.22. 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 follows: 9 A. That an application far approval of a proposal for the 10 initiation of proceedings for the annexation of territory herein- 11 after identified and described as "South Carlsbad Annexation 12 No. 1.22" 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 75-24. 15 B. That a resolution of the said Local Agency Formation 16 Commission, after a hearing held in the manner required by law, 17 was duly passed and adopted on the 1st day of December, 1975, 18 approving the application for annexation of the territory herein- 19 after described 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 anne.x 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 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 c 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 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 assessment 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 beer, signed or consent to the proposed annexa- tion filed by the owners of all of the land in the territory pro- posed 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 shal" hereafter be known as the "South Carlsbad Annexation No. 1.22". 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 -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 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 describee property. SECTION 7: That all requirements of law necessary to the adoption of this ordinance approving the annexation of certain uninhab.ited territory pursuant to Section 35310.1 of the California Government Code have DGen complied with. SECTION 8: That it does hereby approve 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 "South Carlsbad Annexation 1.22", and more particularly described as follows: That portion of Lot 1, Section 33, Township 12 South, Range 4 West, San Bernardino Meridian and that portion of the Southwest Quarter of the Southeast Quarter of Section' 28, Township 12 South, Range 4 West, San Bernardino Meri- dian, in the County of. San Diego, State of California, according to the Official Plat thereof described as follows Beginning at the Northeast corner of said Lot 1; thence along the East line of said Lot 1 (1) South 0° 44' 59" East, 788.03 feet to the Southeast corner of said Lot; thence (2) North 69° 05' 40" West, 454.32 feet to an angle point in the boundary of said Lot 1, said angle point being the Westerly terminus of that course, shown as North 69° 58' 02" West, 454.38 feet on Record of Survey Map No. 1676 on file in the Office of the County Recorder of said County; thence continuing along said boundary (3) South 33° 09' 27" West, 234.45 feet to an intersection with the Easterly line of Parcel 1 of that certain Lis Pendens recorded March 15, 1961, as Document No. 46721 of Official Records of said County; thence leav- ing said boundary along the Easterly line of said Parcel 1 the following courses: (4) North 25° 27' 58" West, 88.85 feet; thence -3- 1 2 3 4 5 6 7 8 9 10 11 12 IS 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 >>W' f ^/ (5) North 36° 16' 49" West, 353.55 feet; thence (6) North 32° 46' 41" West, 561.91 feet to the Southwest corner of Carlsbad Tr-act 73-24 according to Map there of No. 7996 on file in the Office of the County Recorder of said County; thence leaving the Easterly line of said Parcel 1 along the boundary of said Map No. 7996 the following courses: (7) South 89° 10' 00" East, 238.71 feet; thence (8) North 19° 08' 32" East, 322.56 feet; thence (9) North 16° 30' 21" West, 481.57 feet; thence (10) North 23° 10' 32" West, 648.711 feet to an intersectionwith the North line of the above mentioned Southwest Quarter of the Southeast Quarter; thence along said North line. (11) South 89° 08' 38" East, 1154.07 feet to the North- east corner of said Quarter; thence leaving said North line along the East line of said Quarter (12) South 0° 30' 51" West, 1357.86 feet to the POINT OF BEGINNING Said parcel of land contains 42.48 acres more or less. SE_CTJON__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 be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. XX XX XX XX 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 .0 adjourned INTRODUCED AND .FIRST READ at an/regular meeting of the City Council held on the 18th day of December _, 1975 and thereafter PASSED, APPROVED AND ADOPTED at a regular meeting held on the 20th day of January 1976, by the following vote, to wit: AYES: Councilmen Frazee, Chase, Lewis and CounciIwoman Casler. NOES: Councilman Skotnicki ABSENT: None. ATTEST: tsiM£> L, E. ADAMS,t City Clerk (SEAL) -5-