HomeMy WebLinkAbout1982-02-02; City Council; 6887; Annexation of the Kelly Propertyag
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CI. . OF CARLSBAD - AGENDA BILL
AR* 6<rrr
MTG. 2/2/82
DEPT. PL
TITLE:
ANNEXATION OF THE KELLY PROPERTY
DEPT HD _.W
CITY ATTYVV^
CITY MGR/P J^H
RECOMMENDED ACTION:
The Planning Staff recommends that this application be APPROVED and
that the City Council ADOPT Resolution No. 6 "
ITEM EXPLANATION:
This item is a request for City Council approval of an annexation of
11.01 acres of land owned by Robert B. Kelly, generally located on
the south side of Palomar Airport Road, immediately west of power
transmission lines (A.P.N. 212-040-19, 212-040-26). On January 11,
1982, the Local Agency Formation Commission adopted a Resolution of
Annexation for this property. A copy of this resolution is attached
for your review. The last remaining discretionary action to complete
the annexation is the adoption of a Resolution of Annexation by the
City Council. Approval of this annexation would be consistent with
the City Council's recently adopted annexation policy.
ENVIRONMENTAL REVIEW:
The Planning Director has issued a Negative Declaration for a Zone
Change on the subject property, which was approved by the Planning
Commission on July 22, 1981. A copy of the environmental documents
is on file in the Planning Department Office.
FISCAL IMPACT:
The annexation of this property will generate additional revenue
from property taxes which should offset the cost of providing public
services to the site.
EXHIBITS:
A. City Council Resolution No.
B. LAFCO Resolution of Annexation.
• RESOLUTION NO. 6775
1
„ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE ANNEXATION OF
2 CERTAIN UNINHABITED TERRITORY HEREINAFTER
DESCRIBED AND DESIGNATED AS THE KELLY ANNEXATION.
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WHEREAS, an application for approval of a proposal for
6 •:he initiation of proceedings for the annexation of territory
7 hereinafter indentified and described as Kelly Annexation to
8 the City of Carlsbad, County of San Diego, State of California,
9 was filed with the Local Agency Formation Coratnission Reference
10 .No. DA 81-6; and
WHEREAS, a resolution of the said Local Agency Formation
12 ...Commission, after a hearing held in the manner required by law,
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was duly passed and adopted on the llth day of January, 1982,
14 ...approving the application for annexation of the territory
15 hereinafter, described by metes and bounds to the City of
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Carlsbad; ahd
17 WHEREAS, said resolution provided that said annexation was
18 approved without notice and hearing and further provided that
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the City Council of the City of Carlsbad was authorized to annex
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said territory without notice and hearing by said Council and
21 ...without an election as provided in California Government Code
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Section 35151; and
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WHEREAS, a written petition containing the required
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signatures and a description of the uninhabited territory
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hereinafter described has been presented to the City Council of
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the City of Carlsbad, requesting annexation under the Municipal
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Organization Act of 1977; and
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WHEREAS, said petition has been signed or consent thereto
has been filed by the owners of all of the land in the territory
to be annexed;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California,- as follows:
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1. That the above recitations are true and correct.
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 25% of the land in the territ-ory by area and by
assessed value as shown on the latest equalized assessment roll
of the County of San Diego, in which county the City of Carlsbad
is situated.
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 petition by persons owning property in the territory.
4. That the territory proposed to be annexed to the City
is uninhabited territory as defined by Section 35038 of the
Government Code and is contiguous to the boundaries of the City.
5. That the aforementioned uninhabited territory included
in the proposed annexation is hereby designated and shall
hereafter be known as the Kelly Annexation.
6. That upon 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
1 property.
2 7. That all requirements of law necessary to the adoption
3 ...of this resolution approving the annexation of certain
4 . ' 'uninhabited territory pursuant to the provisions of the
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Municipal Organization Act of 1977 have been complied with.
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8. That it does hereby approve the annexation to the City
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of Carlsbad of that certain real property located in the County
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of San Diego, State of California, designated as the Kelly
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Annexation and more particularly described as follows:
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IX All that portion of that certain parcel of land designated
as "Description No. 3, 78.07 acres" shown and delineated on
12 record, of Survey Map No. 5715, filed in the Office of the
County Recorder of San Diego County, December 19, 1960,
13 being a portion of Lot "G" of the Rancho Agua Hedionda , in
the County of San Diego, State of California, according to
14 Map thereof No. 823, filed in the .Office of the County
Recorder of San Diego County, November 16, 1896, lying
15 within the following described boundaries:
16 Beginning at corner 13 of-said Lot "G" as shown on
sai-d Map No. 823, also being the Southwest corner of
17 . said record Survey Map No. 5715;
18 1. thence along the Westerly line of said record of Survey
Map No. 5715, North 0°31'16" West, 1559.59 feet (record
19 North Q'321 West, 1558.90 feet);
20 2. thence leaving said Westerly line, North 86°51'47"
East, 1212.4,5 feet to the Northwesterly corner of that
21 certain parcel of land designated as "description No.
4, 76.89 acres" as shown and delineated on said record
22 of Survey Map No. 5715;
23 3. thence along the Northerly line of said parcel, North
71°35'51" East, 1237.58 feet to the most Northerly
24 corner thereof, also being an angle point in the
boundary of said parcel of land designated as
25 "description No. 3, 78.07 acres";
26 4. thence along said boundary, North 83'40'44" East,
•1515.84 feet to the most Northerly corner of that
27 certain parcel of land designated as "description No.
5, 103.54 acres" as shown and delineated on said record
28 of Survey Map No. 5715 and the true point of beginning;
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.5. thence Northerly along a straight line to the Southerly
line of Road Survey No. 1534 (Palomar Airport Road) Map
on file in the County Engineer's Office of said County
said straight line if extended would end at a point on
the center line of said Road Survey Map No
distant thereon North 78°54'09" West, 110.
the Westerly terminus of the 1200.00 foot
in said center line;
6. thence Southeasterly along said Southerly
Northeasterly line of said parcel of land
"description No. 3, 78.07 acres";
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7. thence South 39°35'10" East along said Nor
line to the most Southerly corner thereof;
8. thence along the boundary of said land the
courses and distances;
North 79e20'21' West, 377.94 feet
North 41°21'46" West, 1086.50 feet
North 57*12'36" West, 505.80 feet to the t
beginning.
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PASSED, APPROVED AND ADOPTED at a regular
the City Council on the . 2nd day of February
by the following vote, to wit:
. 1534,
74 feet from
radius curve
line to the
designated as
theas terly
f ol lowing
rue point of
meeting of
, 1982,
AYES : Council Msnbers Packard, Casler, Anear, Lewis and Kulchin
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NOES: None
ABSENT: None
^ — ~~ i
!^StX
RONALD C. PACKARD, Mayor
ATTEST:
*-.,
t .0 .
$j(fJ&L\ X /\ 'ICZL^a^^
ALETHA L. RAUTENKRANZ, CityC^erk
(SEAL)
f
Item 5
Ref: CA81-6
RESOLUTION OF LOCAL AGENCY FORMATION COMMISSION
APPROVING A PROPOSED ANNEXATION TO THE
CITY OF CARLSBAD
On motion of Commissioner Mahr • ,' seconded by Commissioner
McClellan_ , the following resolution is adopted:
WHEREAS, a petition of landowners was submitted to this Commission
for annexation of territory to the city of Carlsbad
(hereinafter referred to as the City), which petition was certified
sufficient by the executive officer on January 9, 1982 ;
WHEREAS, the executive officer of this Commission has filed his
report on said proposed annexation, which report has been considered
by this Commission, NOW THEREFORE
BE IT RESOLVED THAT THIS COMMISSION HEREBY FINDS, DETERMINES
AND ORDERS as follows:
1. The hearing was held on the date set therefor and due notice
of said hearing was given in the manner required by law.
2. At the hearing the Commission called for, heard and considered
all interested parties and read and considered the report of the
.executive officer.
3. The territory proposed to be annexed is as described in the
petition on file with-the Local Agency Formation Commission.
4. The description of the boundaries of the Territory as described
in Exhibit A attached hereto is definite and certain.
5. The description of the boundaries of the Territory does
conform to lines of assessment and ownership.
6. The Territory includes 11.01 acres and is un inhabited.
7. The Territory proposed to be annexed is hereby designated the
"Kelly Annexation" .
8. The Commission certifies that it has reviewed and considered
the information contained in the Negative Declaration prepared by
the City of Carlsbad. . .
9. The Commission hereby approves Che proposed annexation subject
to the proposed conditions, if any, as stated on Exhibit B
attached hereto and incorporated herein.
10. The Commission hereby designates the City as the conducting
authority and authorizes the Legislative Body of said City to initiate
annexation proceedings in compliance with this resolution.
11. The Executive Officer of this Commission is directed to mail
and file certified copies of this resolution in accordance with
Government Code Section 35159.
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PASSED AND ADOPTED by the Local Agency Formation Commission of the
County of San Diego .this llth day of January ,
19j^, by the following vote:
AYES: Commissioners Chapman, Eckert, Hedgecock,
Hostler, Lake, McClellan, and Mahr
NOES: None
ABSENT: Commissioner Hamilton
ABSTAINING: None
STATE OF CALIFOPvNIA)
COUNTY OF SAN DIEGO)
I, WILLIAM D. DAVIS, 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 January 11, 1982 , which original resolution is now
on file in my office; and that same contains a full, true, and
correct transcript therefrom and of the whole thereof.
Witness my hand this 14th day of January , 19s2.
f\fkfa* &) i
WILLIAM D. DAVIS, Executive Officer
San Diego County Local Agency
Formation Commission ^
Q
CA81-6 ."Kelly Annexation" to the City of Carlsbad
LEGAL DESCRIPTION
All that portion of that certain parcel of land designated as
"Description No. 3, 78.07 acres" as shown and delineated on
record of Survey Map No. 5715, filed in the office of the County
Recorder of San Diego County, December 19, 1960, being a portion
of Lot "G" of the Rancho Agua Hedionda, ,in the County of San
Diego, State, of California, according to Map thereof No. 823,
filed in the office of the County Recorder of Can Diego County,
November 16, 1896, lying within the following described boundaries
Beginning at corner 13 of said Lot "G" as shown on said
Map No. 823, also being the Southwest corner of said
record of survey Map No. 5715;
1. thence along the Westerly line of said record of Survey
Map No. 5715, North O°31'16" West, 1559.59 feet (record,
North O° 32 ' West, 1558.90 feet);
jN
2. thence leaving said Westerly line, North 86°51'47" East,
1212.45 feet to the Northwesterly corner of that certain
parcel of land designated as "description No. 4, 76.89
acres" as shown and delineated on said record of Survey
Map No. 5715;
3. theiice along the Northerly line of said parcel, North
71°35'51" East, 1237.58 feet to the most Northerly corner
thereof, also being an angle point in the boundary of said
parcel of land designated as "description No. 3, 78.07
acres" ;
4. thence along said boundary, North 83°'40I44" East, 1515.84
feet -to the most Northerly' corner of that certain parcel
of land designated as "description No. 5, 103.54 acres"~as
shown and delineated on said record of Survey Map No.
5715 and the true point of beginning;
5. thence Northerly along a straight line to the Southerly
line of Road Survey No . 1534 (Palomar Airport Road) Map
on file in the County Engineer's Office of said county,
said straight line if extended would end at a point on
the center line of said Road Survey Map No. 1534, distant
thereon North 78°54'09" West, 110.74 feet from the VTesterly
terminus of the 1200.00 foot radius curve in said center
line; '
6. thence Southeasterly along said Southerly line to the
Northeasterly line of said parcel of land designated as
"description No. 3, 78.07 acres";
EXHIBIT "A"
Page 1 of 2
CAS 1-6
7. thence South 39035'10" East along said Northeasterly line
to the most Southerly corner thereof;
8. thence along the boundary of said -land the following courses
and distances;
North 79°20'21" West, 377.94 feet,
North 41°21'46" West, 1086.50 feet,
North 57°12'36" West, 505.80 feet.to the true point of
beginning.
ib/kt
1/13/82
LAFCO
EXHIBIT "A"
Page 2 of 2
/O.
KL:I : CA81-6
CONDITION(S)
1. The boundaries shall be made to conform to
Exhibit A attached hereto.
,...„- Local Agency Formation
;&noiS3nD^
JAN 11 ^62
Exhibit "B"
RHO. AGUA HEDIONDA
MAP 823
•JX
DATE1.11-10-81
SCALE;
r.R.A. PAGE:
DRAWN BY:
MAPPING DIVISION
SAN DIEGO COUNTY ASSESSOR'S OFFICE
KSLLY A*/A/£TX/}T/&A/ TO TH£ CITY
OF
LAFCO:CA8/-&
AREA;11.01 AC
Q/L; 212-040
THOMAS BROS: