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
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LOCATION MA'P
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A RE UT
RESOLUTION
N OF THE C
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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
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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.
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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)
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- ~~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;
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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
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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;'
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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
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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.
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