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HomeMy WebLinkAbout1984-04-03; City Council; 7698; Bons Annexation South 1.37., =---\. CIT:-~F CARLSBAD - AGENDAILL LB#= ATG. 4/3/84 IEPT. pm TITLE: THE BO" ANNEXATION /" DEPT. HD. CITY ATTY CITY MGR./~~ It is recamended that the City Council ADOPT Resolution No. 7\5-55/, APPRWIK the Bons Annexation. This item is a request by Mr. Anthony Bons for City Council approval of an annexation of 9.18 acres of land, located on the east and west sides of El Camino Real approximately one mile north of Alga Road. The property was pre- zoned to E-A (Exclusively Agriculture) February 1, 1983. Local Agency Formation Camnission adopted a Resolution of Annexation for this property. A copy of this resolution is attached for your review. remaining discretionary action to cmplete the annexation is the adoption of a Resolution of Annexation by the City Council. be consistent with the City Council's annexation policy. CXI March 5, 1984, the The last Approval of this annexation wuld The Land Use Planning Manager has issued a Negative Declaration for a zone change on the subject property which was approved by the Planning Canmission on August 11, 1982. Use Planning Office. A copy of the environmental documents is on file in the Land FISCAL IMPACT The annexation of this property will generate additional revenue frm property taxes which should offset the cost of providing public services to the site. EXHIBITS 1. bation Map 2. City Council Resolution No. 7&<6/ 3. LAFCO Resolution of Annexation I LOCATION MAF I I 8 L. BONS ANNEXATION J -, p3 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 20 RESOLUTION NO. 7555 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 BONS 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 Bons Annexation to the City of Carlsbad, County of San Diego, State of California, was filed with the Local Agency Formation Commission Reference No. CA 83-4; 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 5th day of March, 1984, approving the application for annexation of the territory hereinafter described by metes and bounds to the City of Carl sbad; 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 election 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 3 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 WHEREAS, said petition has been signed or consent thereto of the land in the territory has been filed by the owners of all to be annexed; NOW, THEREFORE, BE IT RESOLVED City of Carlsbad, California, as fo 1. That the above recitations by the City Council of the lows: 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 Bons 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 cl 1 2 3 4 5 6 7 a 9 LO 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 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 Bons 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 City Council on the 3rd day of p3?ril , 1984 by the following vote, to wit: AYE S : Council Bknters Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: None ATTEST: ALtTHA L. R (SEAL) 5- CA83-4 "Bons Annexation" to the City of Carlsbad All that portion of the northeast quarter of the southwest quarter of Section 23, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey, lying within the following described boundaries: Beginning at the southwest corner of said northeast quarter of the southwest quarter; 1. Thence along the West line of said quarter-quarter North OO34'26" East, 323.16 feet; 2. Thence leaving said West line, parallel with the South line of said quarter-quarter, South 89°32'01" East, 1348.22 feet to the East line of said quarter-quarter; 3. Thence along said East line South 0°33'17" West, 323.16 feet to the southeast corner thereof; 4. Thence along the South line of said quarter-quarter North 89O32'01" West, 1348.33 feet to the point of beginning. dh : iw 9/30/83 Approved by the Local Agency Formation Commission of San Disp MAR - 5 1984- &LQ*L Executive Officer of said Commission EX13 I B IT I' A 'I Page 1 of 1 -- e 0. // 1348.33 N. 89 -32 '0 I "W. Approved by the Local bency Formation Commission of S8n Diego . MAR 9 5 1984 i: &LQ*L Executive Officer of said Commission MAPPl NG DlVI SlON Minute Item: 3 Ref.: CA83-4 RESOLUTION OF THE SAN DIEGO LOCAL AGENCY FORMATION COMMISSION APPROVING A PROPOSED ANNEXATION TO THE CITY OF CARLSBAD "Bons Annexation" On motion of Commissioner Gotch, seconded by Commissioner Hostler, 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 February 6, 1984; 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 preserses as defined in Government Code Section 51201(a) and would not result in the conversion of prime agricultural land to nonagricultural use. (3) The Commission hereby approves the annexation with modified boundaries, as described in Exhibit "A" attached hereto, subject tg the following conditions: None (4) The boundaries of the territory as described in Exhibit "A" are defini'te and certain. (5) The boundaries of the territory do conform to lines of assessment and ownership. (6) The territory includes 10.0 acres and is uninhabited. (7) The territory proposed to be annexed is hereby designated the "Bons Annexation" to the City of Carlsbad. (8) 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. (9) The Executive Officer of this Commission is directed to file and mail certified copies of this resolution as required by law. .. -2- PASSED AND ADOPTED by. the Local Agency Formation Commission of the County of San Diego this 5th day of March 7 1984, - by the following vote: AYES:i,Commissioners Eckert, Fordem, Bennett, Gotch, NOES: None ~ I- Oravec, Hersom, Mahr, and Fostler ABSENT: None ABSTAINING : None STATE OF CALIFOEWIA) COUNTY OF SAN DIEGO) 1 , , , I, WILLIAM,,D. DAVIS, Executive Officer of the Local Agency Formation Connnission.pf the County of San Diego, State of California, . hereby certify ghat I have compared the foregoing copy with the original resolution adopted by said Commission at its regular meeting , I ion. March 5, 19@4 ' which original resolution 1s now , on file inmy office; and that same contains a full, true, and . . i correct franscript therefrom and of the- whole thereof. , day of March 9- 19 84. Witness my hand this - 14th LLIAM D. DAVIS, Executive Officer San Diego County Local Agency Format ion CornrnLs s ion P P: CA83-4 "Bons Annexation" to the City of Carlsbad All that portion of the northeast quarter of the southwest quarter of Section 23, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey, lying within the following described boundaries: Beginning at the southwest corner of said northeast quarter of the southwest quarter; 1. Thence along the West line of said quarter-quarter North OO34'26" East, 323.16 feet; 2. Thence leaving said West line, parallel with the South line of said quarter-quarter, South 89°32'01" East, 1348.22 feet to the East line of said quarter-quarter; 3. Thence along said East line South 0°33'17" West, 323.16 feet to the southeast corner thereof; 4. Thence along the South line of said quarter-quarter North 89O32'01" West, 1348.33 feet to the point of beginning. dh : iw 9/30/83 Approved by the Local Agency Formation Commission of San Disp MAR - 5 1984- &LQ*L Executive Officer of said Commission EX13 I B IT I' A 'I Page 1 of 1 -- e 0. // 1348.33 N. 89 -32 '0 I "W. Approved by the Local bency Formation Commission of S8n Diego . MAR 9 5 1984 i: &LQ*L Executive Officer of said Commission MAPPl NG DlVI SlON