HomeMy WebLinkAbout1976-10-05; City Council; 3781; East Carlsbad Detachment No. 2.26-
CITY OF CARLSBAD
AGENDA BILL NO. 27R/
DATE : October 5, 1976
DEPARTMENT: City Clerk
Initial:
Dept. Hd .w
C. Atty. \)B(!?
C. Mgr. \
J
Subject: PROPOSED ANNEXATION TO CITY OF CARLSBAD "East Carlsbad Annexation No. 2.26" nnl i rant. mns .m~rs
Statement of the Matter
The proposed annexation is located north of Tamarack and east of La Portalada Drive.
The annexation was approved by LAFCO on September 13, 1976 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, consisting of approximately 3-1/2 acres.
Exhibits
Copy of Local Aqency Formation Commission Resolution - Reference
Vicinity Map
Ordinance No. // yea.
NO. CA76-16
Recommendation.
If the City Council approves annexation of the property, Ordinance No. 1187 should be introduced for a first reading.
Council Action.
10-5-76 Ordinance #1195 was introduced for a first reading, approving the annexation of the property.
10-26-76 Ordinance #1195 was given a second reading and adopted.
RESOLUTION OF LOCAL AGENCY FORMATION CONPIZSSION
APPROVING A PROPOSED ANNEXATION OF TEf'3tITORY
TO THE CITY OF CARLSBAD
* "East Carlsbad Annexation No. 2 ..26 (Sommers) " .
On motion of Commissioner Adams , seconded by Commis-
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sioner Gorton , the following resolution is adopted: -
IKEREAS, an application for approval of a proposal for the
initiation of proceedings for the annexation of territory to the
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City of Carlsbad (hereinafter referred to as
the City) has been filed with this Commission (Local Agency
Formation Commission Reference No. ~~76-16) as provided for by
LA
Government Code Section 54791; and
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WHEREAS, the executive officer of this Co&ission has filed
his report relative 'to said proposed annexation, which report has
been.reviewed and considered by this Commission; NOW THEREFORE
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BE IT RESOLVED THAT THIS COMMISSION HEREBY FINDS, DETERMINES
- AHD ORDERS as follows: - 1. The application for annexation is signed by ail of the .
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
territory have given their written consent to such
annexation, as provided in Government Code Section 54797.1
hereto.
3. The description Of the boundaries of the Territory to be
annexed is definite and certain.
4, fie 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
”East Carlsbad Annexation No. 2.26 (Sommers)”
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 la
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by the following vote:
AYES: Commissioners Mihalek, Adams, Brown, Chapman,
NOES: Commissioners (none)
Gorton, Skuba and Taylor
. ABSENT: Commissioners Kam, Morgan and Walsh
ABSTAINING : commis s ion ers ( nOn e)
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
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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 13, 1976, 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 13th day of September, 1976.
I 8" S. M. SCHMIDT, Executive Officer
Local Agency Formation Commission
~11 that unincorporated territory in the County of San alego, State or California, being a portion Of Lot I, Rancho Agda Hedionda, in sa€d.County and State, aocordiw to Partition Map thereof No. 823,
filed in the Office of the County Rocorder of said San Diego County,
rfovsmber 16, 1886, being more particularly described as follows:
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Beginning at the Southeasterly corner of the boundary line of th City or Carlsbad aa eatabliahed by tbe County Board of Superviso
in their Ordinance No. 3259 adopted on hcernber 26, 1973, said
point being on the Westerly line of a 75.00 foot wide right of u, as described in deed to the Sen Diego Gas EC Electric Company, re
corded February 14, 1969 as F€le/Page No- 25445 of the Official
Recorda.
Thence along said Westerly line of said Right of \Jay and North- westerly exteneion thereof, being alao the Northeasterly boundar: line of the City of Carlsbad as established by aaid-wnty Board
of Supervisors Ordinance No. 3259, North 26°07f00''\~e~t 2035.22
feet to the City limit of Carlsbad as established by the County
Board of Superviaora in their Ordinance <E?o. 1085, adopted
November 19, 1963, being also the Eiortherly line of said Lot I;
Thence along the Northerly line of said Lot I South 69°~0~00'1 East 90.42 feet to tbe Easterly Right of Way line of said San
Diego Gas eC Electric Company easement;
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Thence along said Easterly line South 6°29130" East 18.06 feet;
Thence continuing along said Easterly line South 26°07124" East 1940.23 feet;
Thence South 23O34'23" West 98.34 feet to the Point of Beginninz,
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ORDINANCE NO. 1195 .
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ANNEXATION TO THE CITY OF CARLSBAD OF CERTAIN UNINHABITED TERRITORY HEREAFTER DESCRIBED AND DESIGNATING THE SAME AS THE "EAST CARLSBAD ANNEXATION NO. 2.26.
The City Council of the City of Carlsbad does ordain as
SECTION 1: That it does hereby find and declare as follows:
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 No.
2.26" to the City of Carlsbad, County of San Diego, State of
C-alifornia, was filed with the Local Agency Formation Commission
Reference No. CA 76-16.
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 13th day of September, 1976,
approving the application for annexation of the territory herein-
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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 des-
cribed has been presented to the City'Council of the City of
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Carlsbad requesting annexati.on 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.Counci1 hereby declares that
said petition has been signed or consent to the proposed annexa-
tion 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 ind 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
hereinafter be known as the "East Carlsbad Annexation No. 2.26".
SECTION 6. That upon the completion of said annexation all
of the property included therein shall be taxed accordingly with
the other property withln the City of Carlsbad to pay the bonded
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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.
SECTION.8. That it does hereby approve the annexation to
the City of Carlsbad of that certain real property located in the
County.0.f San Diego, State of California, designated as the
"East Carlsbad Annexation No. 2.26", and more particularly des-
cribed as follows:
All that unincorporated territory in the County of San Diego, State of California,.being a portion of Lot I, Rancho Agua Hedionda, in said County and State, accord- ing to Partition Map thereof No. 823, filed in the Office of the County Recorder of said San Diego County, November 16, 1.886, being more particularly described as follows:
1. Beginning at the Southeasterly corner of the boundary line of the City of Carlsbad as established by the County Board of Supervisors in their Ordinance No. 3259 adopted on December 26, 1973, said point being on the Westerly line of a -75.00 foot wide right of way as described in deed to the San Diego Gas and Electric Company, recorded February 14, 1969 as File/Page No. 25445 of the Official Records.
2. Thence along said Westerly line of said Right of Way and Northwesterly extension thereof, being also the Northeasterly boundary line of the City of Carlsbad as established by said County Board of Supervisors Ordinance No. 3259, North 26"07'00" West 2035.22 feet to the City limit of Carlsbad as established by the County Board of Supervisors in their Ordinance No. 1085, adopted November 19, 1963, being also the Northerly line of said Lot I;
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. 3. Thence along the Northerly line of said Lot I South 89"50'00" East 90.42 feet to the Easterly Right of Way line of said San Diego Gas and Electric Company easement;
4. Thence along said Easterly line South 6'29'30" East 18.06 feet;
5. Thence continuing along said Easterly line South 26O07'24" East 1940.23 feet;
6. Thence South 23O34'23" West 98.34 feet to the Point of B'eginning.
SECTION 9. That the City Clerk is directed to prepare under
seal a certified copy oythis ordinance g-iving 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.
INTRODUCED AND FIRST READ at a reg.ular meeting of the City
Council held on the .5th day of October , 1976, and there-
after PASSED, APPROVED AND ADOPTED at a regular meeting held on
the 26th day of October , 1976, by the following vote towit
AYES: Councilmen Frazee, Lewis, Packard, Skotnicki and
NOES : None Councilwoman Casler
ABSENT: None
ROBERT C. FRAZEE,aayor
(SEAL)
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Carlsbad Journal
Decreed A Legal Newspaper by the Superior Court of Son Diego County
3088 PI0 PIC0 AVENUE P.O. BOX 248 CARLSBAD, CA 92008 729-2345
Proof of Publication
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation,
printed and published twice weekly in the City of Carlsbad, County of San Diego, State of California, and
which newspaper is published for the dissemination of local news and intelligence of a general
character, and which newspaper at all times herein mentioned had and still has a bona fide subscription
list of paying subscribers, and which newspaper has been established, printed and published at regular
intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding
one year next preceding the date of publication of
the notice herein after ref erred t 0; a nd that the
notice of which the annexed is a printed copy, has
cERTAix UN~NHABITED 1 days after its adoption, and the City said newspaper and not in any supplement
rectedtoprepareundersealacertiBed
copy ofthis ordinancegivingthedate of ORDINANCE NO. 1195. AN ORDINANCE OF THE ciTy its adoption and transmit it to the Sec- retary of State,
APPROVING THE ANNEXATION TO lo. DATE:
COUNClL OFTHE ClTY OF CARLSBAD. CALIFORSIA,
THECITYOFCARLSBADOF Thisordinanceshallbeeffectivethirty been published in each regular and entire Of
TERRITORY HEREAFTER DESCRIBEDAND DESIGNATING THE SAME AS THE "EAST CARLSBAD ANNEXATION NO 2.2jy
Clerk shall certify to the adoption of thisordinance andcause it to be pub-
lished at least once in the Carlsbad
Journal within fifteen days after its adoption
a regular meeting of the City Council
SECTlON 1: That it does hereby find held on the5thdayofOctober. 1976,and thereafter PASSED, APPROVED AXD A. That an application for approval of at meeting held On
a proposal forthe initiation ofproceed- the 26th day OfOctober, 1Q78. by the fol-
hereinafteridentinedanddescribedas AYES: Councilmen Frazee, Lewis,
"East Carlsbad Annexation xo, 2.26, to Packard, Skotnicki and Councilwoman
the City of Carlsbad, County of San
Diego. State of California, was filed
Commission Reference No. CA 76-16
B. That a resolution of the said Local Agency Formation Commission. after a hearing held in themannerrequired by cJ 160s: November 19"
the 13th day of September, 1976, ap- proving the application for annexation of the territory hereinafter 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 pro- vided that thecity Council ofthecity of Carlsbad was authorized to annex said territory without notice and hearing by saidCouncilandwitliout an electionas provided in California Government Code Section 54797.1. D. That a written petition containing the required signatures and a descnp- tion of the uninhabited territon. here- inafter descnbed has been presented to the City Council of the City ofCarls- bad requesting annexation under the Annexation of Uninhabited Territory Act of 1939, Government Code Sections
35300 through 35326.
E That said petition hac ken signed
t'n liled by the
31 tlif'territory
thereof on the following dates, to-wit:
The City council of the City of INTRODUCEDANDFlRSTREADat
Carlsbad does ordain as follows:
and declare as follows:
. l.!o.ve'T .. 6. .................. 19 .76.
ings for the annexation of territory lowing vote to wit: ................................. 19 ....
with the Local Agency Formation ABSENT 'One ................................. 19 .... None
ROBERT C. FRAZEE. Mayor
E City 'Ierk
law, was duly passed and adopted on ................................. 19 ....
19 ................................. ....
I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on t.f P P.t.h 1976 day of i.oVC,'l Der
TION 2 That said petition con- ewription nl'ceriain uninhab- itor?. slJil;!ht to be included and annr.wl lot lit' <'il?iil Carl\had and that said petition is signed hy the owners of not less than one-fourth ofthe land in the territory by area and hy assessed value as shown on the last equallzed assessment roll of the County of San Diego, in which County the City of
Carlshad 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 ofall of the land in the territory proposed to he annexed and, therefore. no protests may be filed against the annexation by persons owning property in the territo-
ry SECTIOS 4 That the territory pro- posed to be annexedtotheCity isunin- habited terntory asdefined by Section 35303 of the Government Code and is contiguous to the boundaries of the City. SECTION 5 That the aforementioned
uninhabited terntory included in the proposed annexation is hereby desig-
nated and shall hereinafter he know as the "East Carlsbad Annexation Sa 2.26,. SECTlON 6 That upon the comple- tion of said annexation all oflhe prop- erty incliidedtherein shall he taxed ac- cordingly with the other property within the City of Carlshad lo pay the bonded indebtedness and any and all general indebtedness of the City of Carlshad contracted prior to. or exist- ing or outstanding at the time of the aforesaid proposed annexation cifsaid described property SECTlOK7 That all requirements of law necessary to the adoption of this ordinance approorng the annexation of certain uninhahiletlterritory pursuant to Section 35310 1 ofthe California Gov- ernment Code have been complied with SECTION 8 That it does hereby ap- pro\e the annexation to the City of Carlshad or !ha1 certain real property located in the County of San Diego. Slate of California, designated as the "East Carlshad Annexation No. 2.26". and more particularly described as fol- lows All that unincorporated terntory in
the County of San Diego. State of
California. being a portion of Lot I. Rancho Agua Hedionda. in said County and State. according to Partition blap thereofyo H23.filedin theOfliceoflhe County Recorder of said San Diego County. Vovember 16. 1886. being more particularly described as follou~s: 1 Beginning at the Southeasterly corner of the boundary line of the City of Carlsbad as established by the County Board of Supervisors in their Ordinance KO. 3259adopted on December 26. 1973. said poinl being on the Westerly line of a 7500 foot awle right of way as described in deed Io the San Diego Gas and Eler- lric Compan). recordedFebruar) 14. 1969as File:PageXo 25445oftheOf- ficial Records 2 Thence along said Westerly line of aaid Right ofWnyand Northwesterl? extrnsion thcreof, being also the \ortheasterly boiindar) line CIS the City of Carlsbad as established h?. said Count> Board of Supervisors Ordinance So 3259. North 2507'00'' West 203522 feet to the City limit of Carlshad as established hi the
Count!. BoardofSupervisors in their Ordinance No. 1085. adopted
November 19. 1963. being also the
Northerly line of said Lot 1: 3. Thence along the Northerly line of
said Lot I South 885000' East 90.42 feet 1olheEasferlyRlght OfWW he of said San Diego Gas and Electric Company casement.
4 Thence along said Easterly line Sotlth 6'2930 East 1806 feet: Eas- East
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