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HomeMy WebLinkAbout1983-11-01; City Council; 7543; Ivar Annexation.- a* 4 &-- c I-. - CIT. OF CARLSBAD - AGEND. - BILL 4B# 75q3 HTG.11-1-83 IEPT. LUp TITLE DEPT. HD.L IVAR AfJNEXATION CITY Ad&. CITY MGW~ The Planning Staff recommends that this application be APPROVED and that the City Council ADOPT Resolution No. 7387. ITEM EXPLANATION: This item is a request for City Council approval of an annexation of 45.69 acres of land, generally located south and west of El Cmino Real, south of Slippery Hill Lane. The property was prezoned from E-1-A to PM and R-1-10,000 on June 7, 1983. The general plan amendment from residential low-medium to planned industrial was approved on June 7, 1983 as well. On October 3, 1983 the Local Agency Formation Commission adopted a Fesolution of Annexation for this property. A copy of the resolution is attached for your review. The last remaining discre- tionary action to complete the annexation is the adoption of a Iiesolution of Annexation by the City Council. Approval of this annexation would be consistent with the City Council's annexation policy. ENVIFONIqENTAL REVIEW : The Nesative Declaration for this property was approved. by the Planninc: Conrnisison on April 13, 1983. A copy of the environpental documents is on file in the Land Use Planning Department. FISCAL IYPACT: The annexation of this property will generate additional revenue from property taxes which should offset the cost of providinq public services to the site. EXHIBITS : A. City Council Resolution No. 7387. B. Location Map. C. LAFCO Resolution of Annexation. *. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 L5 16 17 18 19 20 21 22 23 24 25 26 27 28 4 RESOLUTION NO. 7387 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 IVAR ANNEXATION. WHEREAS, an application for approval of a proposal for the initiation of proceedings for the annexation of territory hereinafter indentified and described as the Ivar Annexation to the City of Carlsbad, County of San Diego, State of California, was filed with the Local Agency Formation Commission Reference No. CA 83-5; 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 October 1983, 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 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 eleceion as provided in California Government Code Section 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 a 1 2 3 4 5 6 7 E! 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 territory to be annexed: NOW-, THEREFORE, BE IT RESOLVED by the City Council 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 said petition is signed by the owners of not less than 25% of the land in the territory 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 Ivar 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 3 .. 1 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2% -- time of, the aforesaid proposed annexation of said described property . 7. That all requirements of law 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 Ivar Annexation and more particularly described on Exhibit "A" attached hereto and made a part hereof. PASSED, APPROVED AND ADOPTED at a regular meeting of the Citv Council on the 1st dav of Novenbr . 1982. A by the following vote, to wit: AYES: Council Mmbers Casler, NOES : None ABSENT: Iewis, Kulchin, Chick ard Prescott I MARY H. PSLER, Mayor ATTEST : A ( SEAL ) CA83-5 "Ivar Annexation" to the City of Carlsbad ~ll that portion of Lots "B" and "F" of Rancho Agua Hedionda, in the County of San Ciego, State of California, according to map thereof No. 823, filed in the County Recorder's office of San Diego County, November 16, 1896, lying within the following described boundaries: Beginning at point 23 of said Lot 'IF", as shown on said llap 210. 823: 1. Thence South 54°10'08" East (Record South 53'52' East), 807.00 feet along the northerly line of said Lot "F" to the most easterly corner of the land conveyed by Charles Kelly to Elmer Carpenter by Deed recorded June 1,,1937 in Book 622, Page 755 of Deeds, records of said County; 2. Thence continuing South 54°10'08" East, 540.00 feet along said northerly line to the true point of beginning; 3. Thence at right angles to said,northerly line South 35O49'52" West, 2257.74 feet to the boundary of the land described under Parcel No. 1 in final judgement in partition recorded March 24, 1965 as Instrument No. 52516 of official records of said County; . f 4. Thence along said boundary, North 52O32'21" West, 478.72 feet; 5. Thence leaving said boundary at right angles Xorth 37O27'39" 6: Thence North 52O'32'21" West, 294.32 feet; East, 740.00 feet: 7. Thence South 37O27'39" West, 321.90 feet; 8. Thence North 52O32'21" West, 597.36 feet to an intersection with said boundary of Parcel No. 1, being a point on a non- tangent 600.00 foot radius curve concave southeasterly, a radial line bears North 67O36'49" Nest to said point; 9. Thence northeasterly, 209.70 feet along said curve and boundary through a central angle of 20°01'31"; 10. Thence North 42O24'42" East, 938.75 feet along said boundary to the southwesterly line of said Carpenter land; 11. Thence South 54°10'08" East, 722.86 feet, more or less, along said southwesterly line to the southeasterly line of said Carpenter land: 12. Thence North 35O49'52" East along said southeasterly line and the northeasterly prolongation thereof to the north- easterly line of Road Survey No. 1800-1 (El Camino Real) map on file in the County Engineer's office of said County: EXHIBIT "A" Page 1 of 2 ,. \* CA8 3-5 13. Thence southeasterly along said northeasterly line to a line which bears North 35O49'52" East from the true point of beginning; Thence South 35O49'52" West to the true point of beginning. 14. dh : na 9/29/83 'i , OCT - 3 1983 E XH I B I T A" Page 2 of 2 ," I. . CARLSBAD RESEARCH CENTER -- PALOMAR AIRPORT -- t Minute Item: 3 Ref.: CA83-5 RESOLUTION OF THE SAN DIEGO LOCAL AGENCY FORMATION COMMISSION APPROVING A PROPOSED ANNEXATION TO THE CITY OF CARLSBAD I’ Ivar Annexa t i on ‘I On motion of Commissioner Bennett, seconded by Commissioner Eckert, the following resolution is adopted: WHEREAS, a petition was submitted to this Commission for annexation of territory to the City of Carlsbad, which petition was certified sufficient by the Executive Officer on August 24, 1983; and WHEREAS, the territory proposed for annexation is as described in the application on file with the Local Agency Formation Commission: and ‘? WHEREAS, all owners of land have consented in writing to the annexation; and . = WHEREAS, the Executive Officer of the Commission has filed his report on said annexation, which report was received and considered by the Commission: NOW THEREFORE, BE IT RESOLVED, that this Commission hereby finds, determines, and orders as follows: (1) The Commission certifies that it has reviewed and considered the information contained in the Negative Declaration prepared by the City of Carlsbad. (2) The Commission certifies, pursuant to Government Code Section 54774.3, that this proposal would have no effect on any agricultural preserves as defined in Government Code Section 51201(a) and would not result in the conversion of prime agricultural land to nonagricultural use. boundaries, as described in Exhibit ”A” attached hereto, subject to the following conditions: None (3) The Commission hereby approves the annexation with modified (4) The boundaries of the territory as described in Exhibit “A” are definite and certain. (5) The boundaries of the territory do conform to lines of assessment and ownership. (6) The territory includes 45.69 acres and is uninhabited. .. (7) The change of organization does not constitute a minor boundary change. (8) The territory proposed to be annexed is hereby designated the "Ivar Annexation" to the City of Carlsbad. (9) The Commission hereby designates the City of Carlsbad as the conducting authority and authorizes the City Council to initiate proceedings in compliance with this resolution without notice and hearing. (10) The Executive Officer of this Commission is directed to and mail certified copies of this resolution as required by law. file 5 -2- c PASSED AND ADOPTED by the Loc,l Agency Formation Commission of the ? County of San Diego this 3rd day of October 1983, - by the following vote: AYES: Commissioners Eckert, Fordem, Bennett, Gotch ‘f!ctin8fiRe~&%e, OhaRr, ravec anh’ Hosefer Ad p ace s (acting in NOES: None ABSENT: Commissioners Oravec and Hersom ABSTAINING: None STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ) , . t I, WILLIAM D. DAV1S;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 October 3, 1983 , which original resolution is now OR file in my office; and that same contains a full, true, and .correct transcript therefrom and of the whole thereof. Witness my hand this 6th day of .October , 1983 WILLIAM D. DAVIS, Executive Officer San Diego County Local Agency Forma t ion C ommi s s ion Il