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HomeMy WebLinkAbout1982-03-02; City Council; 6911; Frandsen ReorganizationIOF CARLSBAD - AGENDA 3ILL AB« (p 9 1 / MTG 3-2-82 DEPT. PL TITLE: FRANDSEN REORGANIZATION nFPT HD.fW J3£- CITY ATTYMF& riTYMGRp ^ 5 C£a.a. o§ o oo 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. 5 WHEREAS, an application for approval of a proposal for the 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 11 less than 25% of the land in the territory by area and by 12 assessed value as shown on the latest equalized assessment roll 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 3 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 Q 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 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 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. -2- 7 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. 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