Loading...
HomeMy WebLinkAbout1981-02-03; City Council; 6502; ANNEXATION OF THE SUDAN INTERIOR MISSION PROPERTY* CITY OF CARLSBAD . 'C a INITIAL AGENDA BILL NO. 6, 50 2 Dept, Hd.l la* ? DATE: February 3, 1981 Cty. Atty Cty. Mgr; 'i DEPARTMENT : Planning SUBJECT : ANN'E~~ON OF TfE SLIDAN INTERIOR MISSION p~p~~ APPLICANT: Paul mdd WE NO; aa 80-44 - - STATEMENT OF THE MATTER This item is a request for City Council approval of annexation of 12.36 acre: located southwest of the intersection of Laurel Tree Road and Pal? Airpori shown on Exhibit "A". me City Council has previously found that this prop exapt, thus, no formal tax exchange agrement with the county is necessary. January .5, 1981, the Local Agmcy Formation Cm-m-tission adopted a Resolution ( tion for this property (please see attachment). The last remaining discret is the adoption of a Resolution of Annexation by the City Council. I.=NvIRo"TAL mm7 The Planning Conmission considered and adopted a Negative Declaration for thc as part of CT 80-44 ~d CUP-190 on December 17, 1980. .. .* FISCAL IME'ACTS . The city will provide public services if the property is annexed. The mstc d services would not be offset by the developer because no property taxes mulc generated since the property's use will be church related. Further, the site exempt from the payment of a public facility fee pursuant to City Council Pol No. 17. Given the nature of the development, however, staff feels the public services required to serve the site would not create a substantial financial on the city. IXIIBITS 1. Resolution by39 dated. February 3, 1981 - 2. LAFCO Resolution of Annexation e 3. Resolution 6382 (Property Tax Exchange), dated December 9, 1980 4 a FECOMYEDJDATIQN The Planning Sb..ff reconmends that the annexation of the Sudan In&rior Missi property as shown &bit "A" be APPROVED per Resolution PJO. by 33- ' 0 miibit "A", dated January 19, 1981 . council Action: 2-3-81 c0uncil adopted Resolution 6435, approving the annexation of uninhabited t hereinafter described and designated as the Sudan Interior Mission Annexat 4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 27 18 . 19 20 21 22 23 24 25 26 27 28 0 0 RESOL’JTION NO. 6435 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ANNEX- ATION OF CERTAIN UNINHABITED TERRITORY HERE- INAFTER DESCRIBED AND DESIGNATING AS THE SUDAI INTERIOR MISSION ANNEXATION. WHEREAS, an application for approval of a proposal initiation of proceedings for the annexation of territo; after identified and described as Sudan Interior Missioi to the City of Carlsbad, County of San Diego, State of I was filed with the Local Agency Formation Commission Re. CA 80-9; and WHEREAS, a resolution of the said Local Agency For Commission, after a hearing held in the manner required was duly passed and adopted on the 5th day of January, approving the application for annexation of the territo hereinafter described by metes and bounds to the City o and WHEREAS, said resolution provided that said annexa approved without notice and hearing and further provide the City Council of the City of Carlsbad was authorized annex said territory without notice and hearing by said and without an election as provided in California Gover Code Section 35151; an$ *, WHEREAS, a written petition containing the requirt signatures and a description of the uninhabited territc: hereinafter described has been presented to the City Cc of the City of Carlsbad, requesting annexation under tl Municipal Organization Act of 1977; and WHEREAS, said petition has been signed or consent has been filed by the owners of all of the land in the ' .F* .. 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 . 19 20 21 22 23 24 25 26 27 28 e 0 proposed to be annexed; NOW, THEREFORE, BE IT RESOLVED by the City Council City of Carlsbad, California, as follows: 1. That the above recitations are true and correi 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 signed by the owners of not less that 25% of the land j territory by area and by assessed value as shown on thc equalized assessment roll of the County of San Diego, which county the City of Carlsbad is situated. 3. That the City Council hereby declares that s< petition has been signed or consent to the proposed an filed by the owners of all of the land in the territor to be annexed and, therefore, no protests may be filed the annexation by persons owning property in the terrj 4. That the territory proposed to be annexed tc City is uninhabited territory as defined by Section 3 the Government Code and is contiguous to the boundari( City. -. 5. That the aforementioned uninhabited territo in the proposed annexption is hereby designated and s hereafter be known as the Sudan Interior Mission Anne 6. That upon the completion of said annexatior the property included therein shall be taxed accordiT the other property within the City of Carlsbad to pa: bonded indebtedness and any and all general indebted] City of Carlsbad contracted prior to, or existing or -2- J -_.= _* 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 a at the time of, the aforesaid proposed annexation of sa: property. 7. That all requirements of law necessary to the adoption of this resolution approving the annexation of uninhabited territory pursuant to the provisions of the Organization Act of 1977 have been complied with. 8. That it does hereby approve the annexation to City of Carlsbad of that certain real property located County of San Diego, State of California, designated as Sudan Interior Mission Annexation and more particularly described as follows: All that portion of that certain parcel of land design; Description No. 4, 76.89 Acres" as shown and delineate Record of Survey Map No. 5715, filed in the office of t Recorder of San Diego County, December 19, 1960, being' of Lot "G" of the Rancho Agua Hedionda, in the County ( State of California, according to Map thereof No. 823, the office of the County Recorder of San Diego County, 16, 1896, described as follows: Beginning at corner 13 of said Lot "G" as shown on saic No. 823, also being the southwest corner of said recorc survey map No. 5715; thence along the westerly line of record of survey Map No. 5715, North 0'31'16" West, 15 feet (record, North 0'32' West, 1558.90 feet); thence northwest corner of said Description No. 4" also being true point of beginning; thence along the westerly lin said Parcel South 09"58'17" East, 600.00 feet; thence said westerly line North 77'22'52" East, 1107.47 feet; North 43'01'52" West,, 811.18 feet to the northerly lin said "Description No. 4"; thence along said northerly South 71'35'51" West, 612.83 feet to the true point of 9. That the City Clerk is directed to prepare u seal a certified copy of this resolution giving the ds its passage and transmit it to the Secretary of State. 1/11! 11/11 I//// It said westerly line North 86'551'47" East, 1212.45 feet -3- PASSED, APPROVED AND ADOPTED at a regular meeting I y, 1981, by t AYES: . Council Members packard, CaSler, Lewis and Kulchj ABSENT: council Member Anear RONALD C. PACKARD, 'M: . .\ i. -4- 1 0 . E&T 2 to AGENDP 'i *- Item 4 Ref: ~~80-3 / i RESOLUTIOX OF LOCAL AGENCY FORMATION COMMISSION APPROVIXG A PRQPOSEB AhTNEUTION TO THE CITY OF CARLSEAD Sudan Interior Mission Annexation'' 1' On motion of Commissioner Moore .a seconded by Conmi Hamilton t the following resolution is adopted: - - WHEREAS, a petition of landowners w2s submitted to thds which petition was ce for annexation of territory to the City of Carlsbad (hereinafter referred to as the City), sufficient by the executive officer on October 2, 1980 ; WHEREAS, the executive officer of this Commission has fj report on said proposed annexation, which report has been eo' hy this Commission, NOW THEREFORE *. i3H 17' RESOLVED THAT THIS COLWLSSION HEREBY FINDS, DETER1 AND ORDEliS as follows: 1. The territory proposed to be annexed (hereinafter rl to as the Territory) is as described in Exhibit A attached h 2. The description of the boundaries of the Territory definite and certain, but will be made so when modified to c to Exhibit B aztached hereto. 3. The description of the boundaries of the Territory conform to lines of assessment and ownership. 4* All owners of land within the Territory have conser writing to the proposed annexation. 5. The Territory includes 12.36 acres and is un ir h. The Territory proposed to be annexed is hereby desj Sudan Interior Mission Annexation" 11 1 hr, r 0 e 7. The Ccimission certifies that it has reviewed and COnSideIXd the iIlfO~StiQ~ contained in the. Negative Derlaratj prepared by the City of Carfsbasd. 1 / 8, to the proposed conditions, if any as stated on Exhibit here to. The Comission hereby approves the proposed annexati C 9. The Commission hereby designates the City as the cor authority and authorizes the Legislative Body of said City tc initiate annexation proceedings in compliance with this resol without notice and hearing and without an election. 10. The Executive Officer of this Commission is directec mail and file certified copies of this resolution in accordar with Government Code Section 35159. lbb -2- *i 0 0 .. I FASSED AND ADOl?TED by the Local Agency Formation Conmission t County of Sara Diego this 5th 1981, - by the followirng vote: day of ‘January .. AYES: Conmissloners Chapman, Hamilton, Host NOES: None ‘ KiPlea, Mahr, and Moore -ABSENT : cornis stoner McClellan , - ABSTAENTNG : None - -- - - __ _._________0________________U___________-~--~--~--~~~-~--~~--. -. - . __ - __ - F _. - STATE OF CALIIFORNU) ’. j COUNTY OF SA8 DIEGO) I, WILLIAM D. DAVIS, Executive Office!: of the Local Agency Formation Commission of the County of San Diego, State of C hereby certify that I have compared the foregoing copy wlth original resolution adopted by said CoGission at its regul On Januarv 5. 1981 , which original resolution on file in my office; and that sane contains a Eull, true, correct transcript therefrom and of the whole thereof, Wctness my hand this 12th day Of Januarv : WILLIAM D. DAVIS, Executiv San Diego County Local Age - Formation Commission ’ . . ..4 .* * 1 lk,; 't CA80-3 !'Sudan -0 xior Mission AmGxation'(, ) the -. CiQ? of Caklsbaa ~ ' PXR~ 1: -111 All t!mt -;orrion ct tht certab parc!sl. of land OesSigsfed as "Bescrf?c 76.89 Acres" as sh,ovc and Odizearcd uc Iirtcrd 0 Sczvey ?kp No. 5715, Ck= ofr"ice cf the C0-Q Recodes of Sa Diego Cavzq, E2c~Ler 19, 136 a por~icn of Lac "C" of the ?.ax50 A;;r~a Hedioda, irr Cbhe Collr~G of Sa State of Caliioizz, accardL-g to ?!!a thexwf :.lo, 323, filed ic the of! the Corn~y Recorder of San Dieso Cotsty, EIav&er 16, 3596, Oescsikd i folims :' BegLmizg at eke Ihx+A~est corner of szLd '3escri$io~ Ea. 4"; tkace i WesLerlg Ea? 02 said Fazed. Sou& 09" 58' 17" Est, 6c10.00 feet; tha said Wesszriy fix Euz~h 77" 22' 52" East, 1107,47 feet tia a Pokt ''A" KOZ.~~. 4-3" 01' 52'' West, 811,18 sect trfi &e flOr*&ly lae Of S&d it&!? :loa 4"; thace JQ~ s&d $~Y~%Y,I,~ UE South 71' 35' 51*" gesct 612-8 6% EOET€ a 3aEZmG. P-LL9rn 2 i &,.n es-t zd riat of way for rad, sewer, x=te', gzs, power d ti Iices and. appurtmixzzees thereto over, ~de-r, along ad across a szi~ 60.00 feet d vidt& tr.5 ceater-liae of saLd 60.GQ foot ssip be- d: as €at,'lws: [-. ', Beghip3 at ?O&C "A" destribzd 72 ?nc~1 1 .&me; ?:ace SCUCT Ge thmcz retrzc-kg sorth 48" 42' 38" Ea=, 296.83 feet+ ta the N~rthgac West, 54.86 fe.tt to TIE ZIOCJ?' GF BEGXXHG of the 'cere5 described CE a€ said "Ikscriptlcx No. Pi.". me $<de ~heg 0: s~YJ~ ~0.00 foot strip to be@ oc tke Sontk~st i= a-d p+nlongattacs 05 a 1-22 which bears HO~+A 41' 1.7t 22'' Wsst frm ! PQBa a? BZrJl?ilZG cf the fiereh described cerrtez l7ke ad ecd 02 &I 19 the NoZtkeasterlg lkiz of said "De9criptka %3. 4''. nElTEIG that portion which lies witk~h that portion 02 said "~PSCZ des;,o?ted on ~~5.4 Record of SXFJ~~ SO* 5713 irs "60,OO foot easPneZt for roadyay zcd utiliq pqosts ." 3AXr. 3: Easmts far ro&vay nCi zrtflicjt puqoses over those cantah SfZL?s .d.esip.ated a t140,00 ?oat esmmt ad 66,OO foot mm~t resened ad atili=p ptr,qmses", zs sh<j*a OP said &Cold of SUZVey EO. 57E .. ' .. EXHIBIT A Page 1 of 1 c c 0 0 ,, .' Ck80-9 "Sgdan Interior Mission Annexation'' to the City of < All that portion of that certain parcel of land designated i "Description No. 4, 76.89 Acres'' as shown and delineated on Record of Survey Map No. 5715, filed in the office of the CI Recorder of Sari Diego County, December 19, 1.960, being a po' of Lot of the Rancho Agua Hedionda, in the County of Sa State of California, according to Hap thereof No. 823, file ' .the office of the County Recorder of San Diego County, Nove 16, 1.896, described as follows: Beginning at corner 13 of said Lot "G" as shown on said Ma . No. 823, also being the southwest corner of said record of survey map No. 5715; thence along the weste;ly line of sai record of survey Map Nu. 5715, North 0'31'16" West, 1559.55 --feet (record, North 0'32' West, 1558.90 feet); thence leaT said westerly line North 86'51'47" East, 1212.45 feet to ti --northwest ccrner of said "Description No. 4" also being tht Itrue point af beginning; thence along the westerly line of stlid Parcel South 03'58'17" East, 600.00 feet; thence leav- said westerly line North 77"22'52" East, 1107.47 feet; th North 43"01*52" West, 811.18 feet to the northerly line of said "Description No. 411; thence along said northerly ldi~e Iregimirrg. It 11 G -South 71.035551'' West, 612.83 feet to the true point of dg:rs 10/2/80 .. -- - 4 ______ ^-I Approved by the Local Age Commission of San JAN 51 &L 8. Executive Officer of said EXHIBIT B Page 1 of 1 *Ref: CA80-9 0 CONDITION(S) ii - . .. The descriptiQn of the boundaries shall be modifiec to conform to Exhibit B attached, hereto. - - I- . .. -7 -, EXHIBIT C -I_ 1 I, 2/ 'i 41 5 7 1 7 8 9 10 11 13, 13 3.4 15 16 W,S&,UTION NO. f538.2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY C CARLSBAD, CALIFORNIA, REGARDING 'PROPERTY TAX EXCBANGZ RELATING TO JURISDICTIOPJAL CHANGES D SUDAN INTERICR MISSION ANNEXATION I^ WHEREAS, Revenue and Taxation Code Section 99 requj negotiation of any exchange of property tax revenues OCI by jurisdictional changes between the areas affected; a' WHEREAS, under such circumstances the City Council authorized to negotiate such property tax revenue excha behalf of the City of Carlsbad; and WKEREAS, the subject anneiation does not involve a tax exchange because the area to be annexed would be de a church related use which is tax exempt and therefore exchange negotiation is necessary. 8 Nul, THERZFORE, BE IT IS RESOLVED AND ORDERED tha- City Clerk of the City of Carlsbc3 shall, on behalf of notify the County Auditor and Local Agency Formation C 3.7 X* 3-9 20 21 22 23 * 24 25 26 27 28 Of said action by forwarding to them a copy of this re PASSED, APPROVED AND ADOPTED at a/regular meeting adjourned City Council on the 9th day of December, 1980, by the vote, to wit: I AYES: NOES: None ABSENT : None Council Members Packard, Casler, Anear, Lewj: p 4L5@$ ABSTAIN: m+rB" ATTEST: RONALD C. PACKAR a&:~~,4_&zL I KLIYY~IA 1,. wiumrarmNz, city c$hk 4 I (SEAL) 9 8 &Proved by the Local Agency F~ bmfiliSSbn of Sari Diego 0 PG JAN 51983 1% PS $1 1 b6' e, @, *zG d' C&$b 5-*.5. &LC 8. &@ Executive Officer of said cammi I 3ATE : 9-25-80 MAPPING DIVISION p SCALE.: I % 400' SAN DIEGO CCUNTY ASSESSOR'S -- OFFICE SUDAN INTERIOR bfISS!ON ANNEXATION TO 66D T.RA. PAGE: 3RAWN BY: LAFCO: I 'AREA: I B'L: 2 THOMAS M. SCHURR CITY OF CAR\-SBAD