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HomeMy WebLinkAbout1984-11-13; City Council; 7952; The O'Hara AnnexationCIT~-)F CARLSBAD - AGENDI-IILL ~6# 79 5% TITLE: ITG. 11/13/84 THE O'HARA ANNMATION )EPT. PLN CITY MGR.~ RECOMMENDED ACTION: It is reammmded that the City Council ADOPT Resolution No. 7r/3 , ApPROvING the O'Hara Annexation. This item is a request by IW. O'Hara for city council approval of an annexation of 113.19 acres of land, located a-~ the east side of El Cdno Real, south of the future alignrent of mllege Boulevard. The property was prezoned to 0, C-2, R1-20,000 and 0-S by the City Council OBI May 1, 1984. adopted a Resolution of Annexation ibr this property. is attached for your review. carg?lete the annexation is t3e adoption of a Resolution of Annexation by the City Council. Approval of this annexation wuld be consistent with the City Council's annexation policy. On Septerriber 10, 1984 the Local Agency Formation Carmission A copy of this resolution The last remaining discretionary action to ENvIw3"TAI; mEkJ The City Council has certified an environmental impact report fir a me mge on the subject property cm May 1, 1984. is cn file in the Land Use Planning Office. A mpy of the emirormental documents FISCAL IMPACT The annexation of this pmperty will generate additional revenue &an property taxes which should offset the mst of providing plblic services to the site. EXHIBITS 1. lacation Map 2. City Cauncil Resolution No. 78/3 3. LAFCIO Resolution of Annextion I LOCATION MA'P SITE 4 , a 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 A RE UT RESOLUTION N OF THE C -4 NO. 7813 TY COUNCIL OF THE Y OF CARLSBAD, CALIFORNIA, APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBED AND DESIGNATED AS THE O'HARA ANNEXATION. WHEREAS, an application for approval of a proposal for the initiation of proceedings for the annexation of territory hereinafter identified and described as O'Hara Annexation to the City of Carlsbad, County of San Diego, State of California, was filed with the Local Agency Formation Commission Reference No. CA 84-1; 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 10th day of September, 1984, approving the application for annexation of the territory described by metes and bounds on Exhibit "A", attached hereto, to the City of Carlsbad; and WHEREAS, said resolution provided that the 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 Local Agency Formation Commission requesting annexation under the Municipal Organization Act of 1977; and 1 2 3 4 5 6 7 a 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 on file with the Local Agency Formation Commission contains a description of certain uninhabited territory sought to be included and annexed to the City of Carlsbad and that said petition has been signed, or consent to the proposed annexation filed, by 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. 3. 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 C-ity. 4. 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 time of the aforesaid proprosed annexation of said described property. 5. 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. 6. 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 O'Hara Annexation and more particularly described on Exhibit "A" attached hereto and made a part hereof. I1 I1 I1 I1 I1 I 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 13th day of November , 1984, by the following vote, to wit: AYES: Council casler, IRwis, Kulchin, Chick and Prescott NOES: None ABSENT: None YiL- d &A<,* MARY H.L/CASLER, Mayor ATTEST: 1 ALETHA L. RAOTENKRANZ, City Cwk (SEAL) 5- I - 4 ._ - ~~84-1 "O'Hara Annexation" to the City of Carlsbad ~ll that portion of Lots "Bo' and "F" of Rancho Agua Hedionda, in the County of San Diego, 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 the northwest corner of said Lot "B" as shown on Record of Survey Nap No. 517, filed in the County Recorder's Office of said County, October 23, 1935; 1. 2. 3. 4. 5. 6. 7. 8. Thence along the west line of said Lot."B", South 0'06' East, 1093.50 feet: Thence South 87'45' East, 1133.00 feet to the most easterly corner of that certain parcel of lanc! delineated and designated as "39.00 acres" on said Record of Survey Map No. 517; Thence along the easterly line of said land, being also the northerly prolongation of the westerly line of the land described in deed to Edward C. Yourell, et al, recorded July 14, 1957, in Book 5621, Page 367, of Official Records, South 13'05' West (Record - South 13'12' \Vest) 550.00 feet to Point "A1'; Thence continuing along said lines, South 13'05' Kest, 760.30 feet to Point "B" ; Thence continuing South 13'05' ?:est, 805.00 feet to a point on the southwesterly line of said Lot "3", being the most sontkerly c~rner of said parcel of land as shown on said Record of Survey Nap 90. 517, being also the most southerly corner of land describe6 in deed to Carroll R. Kelly, et ux, recorded December 12, 1957, in Book 6857, Page 338 of Official Records, of said County; Thence along the southwesterly line of said Kelly's land, hlorth 5?"40' Piest, 129.55 feet to the beginning of a line Ilesirj,i.ated Line ''A"; Thence along said Line "A" the following courses: A. North 13'05' East, 666.19 feet to the beginning of a tanger.t 120.00 foot radius curve, concave southeasterly; B. Northeasterly 188.50 feet along the arc of said curve through a central angle of 90'00'00" to the easterly line of said "39.00 acre" parcel: Thence South 13'05' West along said easterly line to a point distafit thereon, South 13'05' Kest, 1312.20 feet frorn t%e.nost easterly corner thereof, being also the southeasterly corner of land 4esci-itc? in deed to Richard Carroll Kelly recordecj- December 2€, 1962, 3s file No. 219750, recoriis of sai4 County, szid poiiit being the trse point of beginning; EXH I B I T I' A" Page 1 of 3 / '4 I. CA84-1 9. Thence along the boundary of said Kelly's land as follows: A. North 76'46'39" West, 104.48 feet; B. North 20"01'43" East to said Line "A"; 10. Thence generally southwesterly along said Line "A" and the south- westerly prolongation thereof to an intersection with the south- westerly line of Road Survey No. 1800-1 (El Camino Real) map on file in the County Engineer's Office of said County; 11. Thence southeasterly along said southwesterly line to an intersection with a line which bears South 35'49'52" West from a point in the northerly line of said Lot "F" distant thereon, South 54°10'08" East (Record - South 53'52' East) 807.00 feet from point 23 of said Lot "F", as shown on said Map No. 823, said line being the southeasterly line 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, being also a point in the boundary of the City of Carlsbad, as established by their Resolution No. 7387, adopted November 1, 1982, by said city; 12. Thence North 35'49'52" East along said southeasterly line and the' northeasterly prolongation thereof to the northeasterly line of said Road Survey No. 1800-1 (51 Camino Real), being an angle point in said City Boundary; 13. Thence southeasterly along said northeasterly line ani! city boun2ar:zr to a line which bears North 35'49'52" East from a point in the northerly line of said Lot "F" distant thereon, South 54°10'08" East (Record - South 53'52' East) 1347.00 feet from Point 23 of said Lot "F", being an angle point in said city boundary; 14. Thence at right angles to said northerly line South 35'49'52" Nest along said city boun2ary to a point on the southerly line cf F.oad Survey No. 682 (El Camino Real) map on file in the County Engineer's office of said county, said point being 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; 15. Thence generally easterly along sait! southerly lir,e to the intersection with the southwesterly line of said Road Survey No. 1800-1: 16. T:?er,ce southcasterl:, zlong said southwesterly line to an intersection with a line which is parallel with and distant 100.00 feet north- westerly, at right angles from the southwesterly prolongation of the northwesterly line of Record of Survey No. 4223, filed. in the County Recorder's Cffice of said county, March 15, 1957;' ._- 17. Thence Il'orth 20"31'30" East alonq said parallel line to thc inter- section with the northwesterly prolongation of the northeasterly line of said Xecorc! of Survey No. 4223; 18. Thence South 40O28'30" East along saic! northwesterly prolongation and northeasterly line to the northeasterly corner of saic! Record of Survey KO. 4223, being also a point in the boundary of the City of EXI-IIBIT "A" Page 2 of 3 ri' Carlsbad, as established by their Ordinance No. 1077, adopted July 17, 1962, by said City; 19. Thence North 20'31'30" East along said city boundary to an angle point therein; 20. Thence continuing along said city boundary the following courses: A. North 89'57' East 324.00 feet: B. North 20'31'30" East 672.23 feet: C. South 89'57' West 324.00 feet: D. North 20'31'30" East 390.00 feet to. an angle point in said City Boundary: 21. Thence leaving said City Boundary Eorth 20'31'30" East to an intersect- ion with a line which bears South 81'53' East from Point "A", said point of intersection being the northeasterly corner of land described in deed to Martha Anna Pillsbury, by File Page No. 107649, recorded on June 16, 1965, in official records of said county: 22. Thence along said line North 81'53' West, 1195.00feet; 23. Thence leaving said line South 9'35' West, 1003.30feet; 24. Thence North 65'47'54" West, 647.45 feet (Record - North 65'45' Itpest, 25. Thence Xorth 78'19'33" Nest, 368.64 feet (Xecor? - North 78'32' Kest, 646.00 feet) i 369.00 feet); 26. Thence South 22'43'29" I;'est, 219.13 feet (Record - South 22'37' 5dest): 27. Thence North 67'31'43" West, 516.23 feet to a point in the arc of a non-tangent 40.00 foot radius curve, concave westerly, a radial line bears South 37'22'51" East to said point; 28. Thence northerly, 47.78 feet along said curve through a central angle of 68'26'44": 29. Thence leaving said curve, North'25'35' East, 14.54 feet; 30. Thence North 64'25' tijest, 280.00 feet: 31. Thence North 76'55' West, 445.00 feet to Point "B"; 32. Thence South 13"OS' West to the true point of beginning. sc:iw 10/4/84 LAFCO EXHIBIT "A" Page 3 of 3 Approved by the Local Agency Formation Commission of San Diego SEI? 20884 7 ;D I P \ \ \ \ \ \ \. \ \ \ t, !?! \; \a. \3 \ \ \ \ \ \ \ \ \ \ Minute Item: 2 Ref. No.: CA84-1 RESOLUTION OF THE SAN DIEGO LOCAL AGENCY FORMATION COMMISSION APPROVING A PROPOSED ANNEXATION TO THE CITY OF CARLSBAD I' 0 ' Ha r a Annex a t i on 'I On motion of Commissioner Hersom, '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 September 4, 1984; and WHEREAS, the territory proposed for annexation is as described in the application on file with the Local Agency Formation Com- mission; and WHEREAS, all owners of land have consented in writing to the annexation; and WHEREAS, the Executive Officer of the Commission has filed her 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 adopts, pursuant to Section 15091 of the State CEQA Guidelines, the mitigation measures included in the resolution of approval of the City of Carlsbad for the impacts identified, and certifies that the mitigation is within the jurisdiction of the City and not LAFCO because the affected resources and services will be within the city limits upon anriex- ation. (2) The Commission finds, pursuant to. Section 15319(a) of the State CEQA Guidelines, that annexation of the two small island areas is not subject to the environmental impact evaluation process because the proposal contains existing structures and is developed to the density allowed by the current zoning/prezoning of either the gaining or losing governmental agency (whichever is more restrictive), and any utility extensions would only have the capacity to serve existing structures. (3) The Commission finds that there are no agricultural preserves within the subject territory; however, the reorganization area could be considered prime agricultural land because it meets one of the criteria pursuant to Government Code Section 35046. The Commission finds that approval of this reorganization would not significantly impact agricultural resources in the .county because preservation of this agricultural land would be counter to logical patterns of urban development. (4) The Commission hereby approves the annexation with modified boundaries, as described in Exhibit "A" attached hereto. (5) The'boundaries of the territory as described in Exhibit "A" are definite and certain. (6) The boundaries of the territory do conform to lines - of assessment and ownership. (7) The territory includes 1'13.19 acres and is uninhabited. (8) The territory proposed to be annexed is hereby designated the "O'Hara 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 'file and mail certified copies of this resolution as required by law. -2-