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HomeMy WebLinkAbout1982-06-01; City Council; 7033; Annexation of the Hieatt PropertyCIT OF CARLSBAD - AGEND. BILL AR« "7033 MTG. 6-1-82 DEPT. PL TITLE: ANNEXATION OF THE HIEATT PROPERTY DPPT HD. IV&H CITY ATTYJ/A^ CITY MGRo^l QLU >oo: O.Q. o§ o oo RECOMMENDED ACTION: The Planning Staff recommends that this application be APPROVED and that the City Council ADOPT Resolution No. j ITEM EXPLANATION: This item is a request for City Council approval of an annexation of 13.99 acres of land owned by James Hieatt, generally located north of Palomar Airport and west of the Koll Research Center. The property was approved for a preannexational zone change to the P-M zone by the City Council on January 19, 1982 (see attached location map). On May 3, 1982, the Local Agency Formation Commission adopted a Resolution of Annexation for this property. 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 December 7, 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. (Q Q fQ B. Location Map C. LAFCO Resolution of Annexation o ••,-, no n-7 -i * •ic Tg •i TJ -i a •jo 2Q OT 22 23 24 25 25 27 28 RESOLUTION NO. 6890 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBED AND DESIGNATED AS THE HIEATT ANNE-XATION. WHEREAS, an application for approval of a proposal for the initiation of proceedings for the annexation of territory hereinafter indentified and described as Kelly Annexation to the Cityof Carlsbad, County'of San Diego, State of California, was filed with the Local Agency Formation Commission Reference No. CA 82-1; 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 3rd day of May,- 1982, approving the application for annexation of the territory hereinafter described by metes and bounds to the City of Carlsbad; and WHEREAS, said resolution provided that said annexation was approved without notice and hearing a.nd 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 Sect ion • 35151 ; 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 .annexation under the Municipal Organization Act of 1977; and III! ' . ' • 2 3 4 5 6 7 t. 8 9 10 11 .12 13 •14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, said petition has been signed or consent thereto has been filed by the owners of all of the land in the territoryJL to be annexed; NOW, THEREFORE, BE IT RESOLVED by the City Coun-cil of the City of Carlsbad, California, as follows: 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 s a i'd petition is signed by the owners of not less than 25% of the land in the territory by area and by t i assessed value as shown on the latest equalized assessment roll ' I cf. the County of San Diego, in which county the City of Carlsbad j is situated. ' ! I 3. That t.he City Council hereby declares that said I petition has been signed or consent to the proposed annexation I filed by the owners of all of the land in the territory proposed ; i to be annexed and, therefore, no protests may be filed against ; the petition by persons owning property in the territory.- j - . i4. That the territory proposed to be annexed to the City i is uninhabited territory as defined by Section 35038 of the i Government Code and is contiguous to the boundaries of the City. i • ' ' ' . i5. That the aforementioned uninhabited territory included j• . • , . ' j in the proposed annexation is hereby designated and shall j i hereafter be known as the Hieatt Annexation. t i •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 Cxty of Carlsbad contracted prior to, or existing or outstanding at the That portion of Lot "F" of Rancho Agua Hedionda in the County of San Diego, State of -California, according to the partition map there.of No. 823, filed in the Office of the Recorder-of said San Diego County November J6, 1896, described as follows: 11 12 13 14 15 18 19 27 28 time of, the aforesaid proposed annexation of said described property. 7. That all r eqiiir ement s o f lav; necessary to the adoption of this resolution approving the annexation of certain uninhabited territory pursuant to the provisions of the Municipal Organization Act of 1977 have been complied with. 8. That it does hereby approve the annexation to the City of Carlsbad of that certain real property located in the County of San Diego, State of 'California, designated as the Hieatt Annexation and more particularly described as follows: Beginning at point 15 of said Lot "F", as shown on said roap; 1. thence along the Southwesterly line of said lot, North 51° West, 671.88 feet to an angle point in the boundary-of the City of Carlsbad, as established by their Resolution No. 63.83, adopted December 9, 1980, by said City; 17 2. thence along said boundary No.rth 25° East, 594.00 feet to an angle point therein; 3. thence continuing along said bouncary, South 51° East, 205.33 feet to an angle point in the boundary of the OQ City of Carlsbad, as established by their Ordinance No. 1101, adopted March 7, 1967, by said City; 21 4. thence South 50°29'15" Eastt, 1132.20 feet (Record - 22 ' " South 51° East, 113'3.05 feet) along said boundary to an angle point therein; 23 5. thence South 79042'20" West (Record - South 79°07'43" West), 421.54 feet to the Southerly line of said Lot "F" ; 25 6. thence Northwesterly along said Southerly line to the 26"POINT OF BEGINNING. III! I I I I 1 2 3 4 5 6 7 * 8 9 10 11 12 13 14 3-5 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 1st day of June , 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 : ALET1IA L . RAIITENKRANZ , City C (SEAL) ^.-Clerkl ' EXHIBIT A-TO CITY COUNCIL ORDINANCE NO.96: CASE PALOF^AR AIRPORT A P P L B C A N T^JHliE AIL VfCTNITY MAF Item 7 Ref: CA82-1 RESOLUTION OF LOCAL AGENCY FORMATION COMMISSION APPROVING A PROPOSED ANNEXATION TO THE CITY OF CARLSBAD - "Hieatt Annexation" ' On motion of Commissioner Hamilton , seconded by Commissioner McClellan ^ ^e following resolution is adopted: WHEREAS, a petition of landowners was submitted to this Commission for annexation of territory to the Ci ty o f C a r 1 s bad _ - • • (hereinafter referred to as the City), which petition was certified sufficient by the executive officer on March ^, 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 territory proposed to be annexed (hereinafter referred to as the Territory) is as described in the petition on file with the Local Agency Formation Commission. 2. The description of the boundaries of the Territory as described in Exhibit A attached hereto is definite and certain. 3. The description of the boundaries of the Territory does conform to lines of assessment and ownership. ^' All owners of land within the Territory have consented in writing to the proposed annexation. 5. The Territory includes 13. 99 acres and 'is un inhabited. 6. The Territory proposed to be annexed is hereby designated the "Hieatt Annexation" 7. T^e CommissjLon certifies that is has reviewed and considered the information contained in the Negative Declaration prepared by the City of Carlsbad. 8. The Commission hereby approves the proposed annexation subject to the proposed conditions, if any as stated on Exhibit B attached hereto. 9. 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, without notice and hearing and without an election. * 10. The Commission further determines that prior to LAFCO considering additional annexations'to the City of Carlsbad, within the Costa Real Municipal Water District, the City of Carlsbad and said District shall reach an agreement regarding retail water service, and such agreement shall be forwarded to the Executive Officer. 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. -2- PASSED AND ADOPTED by the Local Agency Formation Commission of the County of San Diego this 3rd day of May t .• 19 82, by the following vote: AYES: Commissioners Chapman, Hamilton, Hedgecock, Hostler, Lake, McClellan, and Mahr NOES: None ABSENT: None ABSTAINING: None STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) 4 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 May 3. 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 P*1* day of May , 1982. WILLIAM D. DAVIS, Executive Officer- San Diego County Local Agency Formation Commission CAS2-1 "HIEATT ANNEXATION TO THE CITY OF CARLSBAD" LEGAL DESCRIPTION That portion of Lot "F" of Rancho Agua Hedionda in the County of San Diego, State of California, according to the partition map thereof No. 823, filed in the Office of the Recorder of said San Diego County November 16, 1896, described as follows: Beginning at point 15 of said Lot "F", as shown on said map? 1. thence along the Southwesterly line of said lot, North 51° West, '671.88 feet to an angle point in the boundary of the City of Carlsbad, as established by their Resolution No. 6383, adopted December 9, 1980, by said City; 2. thence along said boundary North 25° East, 594.00 feet to an angle point therein; 3. thence continuing along said boundary, South 51° East, 205.33 feet to an angle point in the boundary of the City of Carlsbad, as established by their ordinance No. 1101, adopted March 7, 1967, by said City; 4. thence South 50°29'15" East, 1132.20 feet (Record - South 51° East, 1133.05 feet) along said boundary to an angle point therein; 5. thence South 79°42'20".West (Record - South 79°07'43" West), 421.54 feet to the Southerly line of said Lot "F"; 6. thence Northwesterly along said Southerly line to the POINT OF BEGINNING. iwtkt 4/2 1/ 8 2 Approved by the Iocs! Agency Formation LAFCO Commission of San Diego MiVV llirt' EXHIBIT "A" Pagelofl Executive Officer of sskJ Com«tii»«soo Ref: CA82-1 CONDITION(S) 1. The boundaries shall be modified to conform to Exhibit A attached hereto. Approved by the Local Agency Formation EXHIBIT "E" Cession of San Diego MAY 3 1982 " *' Q- ' &&*M«J Exscutiv* Offi;sr of said Cofnmission Csec §) (SEC . Approved by the Local Agency Formation Commission of San Diego Esectrtwe O MAP 823- RHO AGUA HEDIONDA - FOR LOT F DATE:3-2.-6Z SCALE:"- 600' MAPPING DIVISION SAN DIEGO COUNTY ASSESSOR'S OFFICE T.R.A. PAGE: DRAWN BY:'J. KARPINSKI H1EATT ANNEXATION TO THE CITY OF CARLSBAD LAFCO:CA82-I AREA:/3.99 AC. B/L:2./2-O2.0 THOMAS BROS: I & /r_7