HomeMy WebLinkAbout1982-03-02; City Council; 6911; Frandsen ReorganizationIOF CARLSBAD - AGENDA 3ILL
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DEPT. PL
TITLE:
FRANDSEN REORGANIZATION
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RECOMMENDED ACTION:
The Planning Staff recommends that this application be APPROVED
and that the City Council ADOPT Resolution No. (a $ G 2^. .
ITEM EXPLANATION:
This item is a request for City Council approval of an annexation
of 8.95 acres of land owned by Mr. & Mrs. James Frandsen generally
located on the north west corner of El Camino Real and Alga Road.
On February 1, 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 discre-
tionary 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 October 14, 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
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE ANNEXATION OF
CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBED
5 AND DESIGNATED AS THE FRANDSEN ANNEXATION TO THE
CITY OF CARLSBAD, TO INCLUDE THE DETACHMENT OF SAID
4 PROPERTY FROM THE LEUCADIA COUNTY WATER DISTRICT.
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WHEREAS, an application for approval of a proposal for the
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RESOLUTION NO. 6802
initiation of proceedings for the annexation of territory
hereinafter identified and described as the Frandsen Annexation
to the City of Carlsbad, County of San Diego, State of
California, was filed with the Local Agency Formation Commission
Reference No. RO 81-47; and
WHEREAS, 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 1st day of February, 1982,
approving the application for reorganization of the teititory
hereinafter described by metes^nd bounds to the City of
Carlsbad ; and
WHEREAS, said resolution provided that said reorganization
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 56430 et. seq., and
WHEREAS, a written petition containing the required
signatures and a description of the uninhabited territory
hereinafter described has been presented to the City Council of
the City of Carlsbad, requesting reorganization under the
Municipal Organization Act of 1977 and the District
Reorganization Act of 1965; and
WHEREAS, said petition has been signed or consent thereto
4 NOW, THEREFORE, BE IT RESOLVED.by the^City Council of the
5 City of Carlsbad, California, as follows:
6 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
9 City of Carlsbad and detached from the Leucadia County Water
10 District and that said petition is signed by the owners of not
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less than 25% of the land in the territory by area and by
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assessed value as shown on the latest equalized assessment roll
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has been filed by the owners of all of the land in the territory
proposed to be annexed;
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
reorganization 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.
4. That the territory propose.d 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 reorganization is hereby designated and shall
hereafter be known as the Frandsen 'Annexation.
6. That upon the completion of said reorganization all
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of the property included therein sh'all be taxed accordingly with
the other property within the City of Carlsbad to pay the bonded
o 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
5 property,
7. That all requirements of law necessary to the adoption
7 of this resolution approving the annexation of certain
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uninhabited territory pursuant to the provisions of the
9 Municipal Organization Act of 1977 and the District
10 Reorganization Act of 1965 have been complied with.
8. That it does hereby approve the annexation to the City
12 of Carlsbad and the detachment from the Leucadia County Water
13 District of that certain real property located in the County of
14 San Diego, State of California, designated as the Frandsen
15 Annexation and more particularly described as follows:
16 All that portion of the west half of the Northeast Quarter of
37 Section 26, Township 12 South, Range 4 West, San Bernardino
Meridian, in the County, of San Diego, State of California,
•ID according to official plat thereof described as follows:
19 Commencing at the Northwest corner of the Northeast Quarter of
said Section; thence along the West line of the Northeast
2Q Quarter of said Section, South 0°03'33" East, 1441.19 feet to
the true point of beginning; thence leaving said West line South
21 89°15'32" East, 890.55 feet to a point in the arc of a 1755.00
foot radius curve. Concave Southwesterly, a radial line to said
22 point bears North 75°12'09" East, said point being in the
Southwesterly line of that certain parcel of land described in
23 Deed to the County of San Diego recorded July 10, 1970 as
Document No. 121184 official records of said County said
24 Southwesterly line being drawn concentric with and distant 45.00
feet Southwesterly measured radially from the center line of El
25 Camino Real as shown on San Diego County Road Survey No. 1800-1
on file in the Office of the County Engineer of said county
26 being also the boundary of the City of Carlsbad according to
Ordinance 1185 adopted August 5, 1975 by their City Council;
27 thence Southeasterly along .said Southwesterly line and city
boundary through a central angle of 7 "• 12 ' 51" a distance of
28 220.97 feet; and tangent to said curve South 7e35'00" East (deed
equal South 7 * 35'11" East), 207.74 feet to the Northeast
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corner of land described in deed to Glaus, Inc. recorded August
2, 1972, Recorder's File No. 20133.7 of official records; thence
along the Northerly line of said Glaus Land, North 89e15'32"
West 960.38 feet to an intersection with the West line of the
Northeast Quarter of said Section 26; thence along said West
line, North 0°03'33" West, 421.55 feet to the TRUE POINT OF
BEGINNING.
PASSED, APPROVED and ADOPTED at a re'gular meeting of the
City Council on the 2nd day of March , 1982, by
the following vote, to wit:
AYES: Council Menbers Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: None
RONALD C. PACKARD, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ
(SEAL)
, City Cle/tl
Item: 3
Ref: RO81-47
RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION
APPROVING A PROPOSED REORGANIZATION INVOLVING
ANNEXATION TO THE CITY OF CARLSBAD AND
DETACHMENT FROM LEUCADIA COUNTY WATER DISTRICT
"Frandsen Reorganization"
On motion of Commissioner Gotch seconded by Commissioner
Eckert , the following resolution is adopted:
WHEREAS, pursuant to the District Reorganization Act of 1965,
commencing with Section 56000 of the Government Code, a petition
was submitted to this Commission proposing a reorganization consisting
of the following changes of organization:
1. Annexation of the territory described in the application on
file with the Local Agency Foramtion Commission to the City
of Carlsbad.
2. Detachment of the territory as described in the application
on file with the Local Agency Formation Commission from the
Leucadia County Water District.
WHEREAS, the petition of landowners was certified sufficient by
the Executive Officer on December 29, 1981 ; and
WHEREAS, the Executive Officer of this Commission has filed his
report on said proposed reorganization, which report has been considered
by this Conmission, NOW THEREFORE
BE IT .RESOLVED THAT THIS COMMISSION HEREBY FUNDS, DETERMINES AND
ORDERS, as provided in Government Code Section 56250 et seq. as follows:
1. The description of the boundaries of the Territory as described
in the petition is not definite and certain
2. The description of the boundaries of the Territory does conform
to lines of assessment and ownership.
3. All owners of land have consented in writing to the pro-
posed reorganization.
4. The Territory includes 8.95 _ acres and is un inhabited.
5. The Commission certifies that it has reviewed and considered
the information contained in the Negative Declaration prepared by the
City of Carlsbad.
6. The Commission hereby approves a proposed reorganization
consisting of annexation of the territory described in Exhibit A
attached hereto to the City of Carlsbad and detachment of the territory
described in Exhibit A attached from the Leucadia County Water District,
7. Pursuant to Government Code Section 56271.1 the City of
Carlsbac is hereby authorized to initiate reorganization pro-
ceedings in compliance with Government Code Section 56430 et seq.
and this resolution, without notice and hearing and without an
election.
8. The Executive Officer of this Commission is directed to
mail and file certified copies of this resolution in accordance
with Government Code Section 56272.
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PASSED AND ADOPTED by the Local Agency Formation Commission of the
County of San Diego .this lst day of February >
1982_, by the following vote:
AYES: Commissioners Chapman, Hostler,
Mahr, McClellan, Eckert, and Gotch
NOES: None
ABSENT: Commissioners Hamilton, Hedgecock, and Lake
ABSTAINING: None
STATE OF CALIFORNIA)
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 February 1, 1982 ^ which original resolution is now
on file in ay office; and that same contains a full, true, and
correct transcript therefrom and of the whole thereof.
Witness my hand this 4th day of February , 1982.
, / (\*y. &u^*
WILLIAM D. DAVIS, Executive Officer
San Diego County Local Agency
Formation Commission
R081-47 "FRANDSEN REORGANIZATION" CITY OF CARLSBAD
LEGAL DESCRIPTION
All that portion of the west half of the Northeast Quarter of
Section 26, Township 12 South, Range 4 West, San Bernardino
Meridian, in the County of San Diego, State of California,
according to official plat thereof described as follows:
Commencing at the Northwest corner of the Northeast Quarter
of said Section; thence along the West line of the Northeast
Quarter of said Section, South D0:03I33"> East, 1441.19 feet to
the true point of beginning; thence leaving said VTest line South
89015'32" East, 890.55 feet to a point in the arc of a 1755.00
foot radius curve. Concave Southwesterly, a radial line to said
point bears North 75°12'09" East, said point being in the
Southwesterly line of that certain parcel of land described in
Deed to the County of San Diego recorded July 10,1970 as Document
No.121184 official records of said Gpunty said Southwesterly line
being drawn concentric with and distant 45.00 feet Southwesterly
measured radially from the center line of El Caruino Real as shown
on San Diego County Road Survey No. 1800-1 on file in the Office of
the County Engineer of said county being also the boundary of the
City of Carlsbad according to Ordinance 1185 adopted August 5, 1975
by their City Council; 'thence Southeasterly along said Southwesterly
line and city boundary through a central angle of 7°12'51" a
distance of 220.97 feet; and tangent to said curve South 7°35'00"
East (deed equal South 7°35'11" East), 207.74 feet to the Northeast
corner of land described in deed to Glaus Inc. recorded August
2, 1972 Recorder's File No. 201337 of official records; thence
along the Northerly line of said Claus Land, North 89°15'32"
West 960.38 feet to an intersection with the'West line of the
Northeast Quarter of said Section'26; thence along said West line,
North .CCC3'33" West, 421.55 feet £o the TRUE POINT OF BEGINNING.
EXHIBIT "A"
Page 1 of 1
iw: kt
1/26/82
LAFCO
Ref: R081-47
CONDITION(S)
1. The boundaries shall be made to conform to Exhibit
A attached hereto.
2. The territory to be detached shall be exempt from
liability for payment of all or any part 'of principal,
interest or any other amounts which shall become due on
account of all or any part of any outstanding or now
authorized but hereafter issued bonds, including revenue
bonds, or other contracts or obligation of the Leucadia
County Water District or any improvement district
- therein and the levying or fixing and the collection
of any (i) taxes or assessments, or (ii) service charges,
rentals or rates, or (iii) .both, as may be .necessary to
•provide for such payment. The remaining territory' of
Leucadia County Water District will be liable for payment
of all or any part of any outstanding or now authorized
but hereafter issued bonds, including revenue bonds
or other contracts or obligations of the Leucadia
County Water District.
Exhibit "B"
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