Loading...
HomeMy WebLinkAbout1985-02-05; City Council; 8051; The Carlsbad Land Investors AnnexationEl 7 0 e e a 6 .. z 0 r= 0 a =! 0 z 3 0 0 TITLE: THE CAKLSRAD LAND INVESTORS ITG. 2/5/85 ANNEXATION. ClT" 3F CARLSBAD - AGENDf 31LL CITY ATTY CITY MOR.* RECOMMENDED ACTION: It is recommended that the City Council ADOPT Resolution No. 7899 , APPROVING the Carlsbad Land Investors Annexation. - ITEM EXPLANATION This item is a request by Carlsbad Land Investors for City Council approval of an annexation of 85 acres of land, located south of Palomar Airport Road and east of Laurel Tree Lane. The property was prezoned to R-1 and Open Space by the City Council on October 2, 1984. On December 3, 1984, the Local Agency Formation Commission adopted a Resolution of Annexation for this property. A copy of this resolution is attached for your review. 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 annexation policy. All staff processing on this item was completed before the City Council adopted the interim growth policy regarding no processing of new annexations. ENVIRONMENTAL REVIEW The City Council has certified an environmental impact report for a general plan amendment and preannexational zone change on the subject property on June 5, 1984. A copy of the environmental documents is on file in the Land Use Planning Office. FISCAL IMPACT The annexation of this property will generate additional revenue f rorn property taxes which should off set the cost of providing public services to the site. EXHIBITS 1. Location Map 2. City Council Resolution No. 787 9 3. LAFCO Resolution of Annexation i .LCICATION MAP E 2 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 RESOLUTION NO. 7899 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 CARLSBAD LAND INVESTORS ANNEXATION. WHEREAS, an application for approval of a proposal for the initia-tion of proceedings for the annexation of territory hereinafter identified and described as Carlsbad Land Investors Annexation to the City of Carlsbad, County of San Diego, State of California, was filed with the Local Agency Formation Commission Reference No. CA 84-4; 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 3rd day of December approving the application for annexation of the territory described by metes and bounds on Exhibit "A", attached hereto, to the City of Carl sbad; 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 3 1 2 3 4 5 6 7 0 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 City. 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 Carlsbad Land Investors Annexation and more particularly described on Exhibit "A" attached hereto and made a part hereof. /I /I // /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 5th day of Februar/ , 1985, by the following vote, to wit: AYES: NOES: ABSENT: Council Members Casler, Lewis, Kulchin, Chick and Pettine 1 MARY H.,$ASLER, Mayor ATTEST: (SEAL) Minute Item: 3 Ref. No.: CA84-4 RESCILrJTION OF THE SAN DIEGO LOCAL AGEMCY FORMATION COMMISSION APPROVING A PROPOSED ANNEXATION TO THE CITY OF CARLSBAD "Carlsbad Land Investors Annexation" On motion of Commissioner Mahr, seconded by Commissioner Adams, the following resolution is adopted: FSFJEREAS, 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 November 6, 1984; and WHEREAS, the territory proposed for annexation is as described in the application on file with the Local Agency Formation Commission; and WHFliFAS, all owners of land have consented in writing to the annexation; and YQW THERECOPF, BE IT qESOLVED, that this Commission hereby finds, determines, and orders as follows: ." (1) The Commission adopts, pursuant to Section 15891 of the State CFOA Guidelines, the mitigation measures included in the resolution of approval of the City of Carlsbac! for t5.2 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 annexation. (2) The Commission hereby approves the annexation witn modified boundaries, as described in Fxhibit "A" attached hereto. (3) The boundaries of the territory as described in Exhibit "A" are definite and certain. (4) The boundaries 0-f the territory do conform to lines of assessment and ownership. (5) The territory includes 25.43 3cres and is )Ininhabits?. (6) The territory proposed to be annexed is hereby designated the "Carlsbad Land Investors Annexation" to the City of Carlsbad. G (7) 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. (8) The Executive Officer of this Commission is directed to file and mail certified copies of this resolution as required by law. -2- 7 Passed and adopted by the Local Agency Formation Commission of the County of San Dieuo this -- 3rd day of December , 19 -t 84 by the following vote: AYES: Commissioners Eckert, Fordem, Gotch, Oravec, Adams NOES: None and Mahr ABSENT: Commissioners Hersom and Hostler ABSTAINING: None STATE OF CALIFORNIA) COUKTY OF SAN DIEGO) ) ss I, JANE P. MERRILL, Executive Officer of the Local Agency Formation Com- mission of the County of San Diego, State of California, hereby certify that I have compared the foreqoing copy with the oriuinal resolution adopted by said Com.nission at its regular meeting on December 3, 1984 , which oriuinal 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 3rd day of January , 19 85 . San Diego County Local Agency Formation Commission ~~84-4 "Carlsbad Lanb Investors Annexation" to Lity of Carlsbad ~11 that portion of that certain parcel of land designated as "description No. 5, 103.54 acres'' as shown and delineated on Record of Survey Map No. 5715, filed in the Office of County Recorder of San Diego County, December 19, 1960, being a portion of Lot "G" of the Rancho Aqua Hedionda in the County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of County Recorder of San Diego County, November 16, 1896, lying within the following described boundaries: Beginning at the southeasterly corner of said Record of Survey No. 5715 on the south line of said Lot "G", heing an angle point in the bomdary of the City of Carlsbad, as estzblishe2 by their Resolution 30. 3275, adopted November 20, 1973, by said City,, being also the intersection of the south line of said Lot "G" with the center line of that certain 100.00 foot easement described in the deed to San Diego Gas and Electric Company recorded April 15, 1954, in Book 5205, Page 413, Official Records of said County; 1. Thence leaving said south line along said center line and city boundary, North 42O38'40" Kest, 460.39 feet to an angle point therein; 2. Ther,ce continuing along said center line and city koun2ar-y .'iu .. ..til 39'("'7Q'' a, -- vr'eSt, 896.88 feet to .a~ ~~(;le ;colr.C, in tke Loundarjr of sai2 IforerieTtioned 1ar.d; 3. Thencs ?23vinc 3 sai?. center line alee; the t.cunc.i.sr;, of s3i5 ';a>d, the fol1owir.q co'Jrses : A. KorcrL 79'20'21" 'rfest, 377.94 feet; B. Xorth 41"21'46" Kest, 1086.50 feet; C. North 57O12'36" West, 505.80 feet; D. Sout-h 83O40'44" West, 930.88 Feet to a point in said boundary: -. x: ' 5. Thence South 7O009'50'' West 17.26 feet to the beqipninq of a tangent curve concave southeasterly having a radius of 300.00 feet: ?. Thence tangent to said curve, South GO"23'55" Kest 115.58 feet: 8. Thence South 57'18'45" k:est 328.50 feet to the Seqinning of a non-tangent curve concave southwesterly having a radius of 500.00 feet, a rati31 line fro?. said ~c~ir~t bears South 57"03'32" ::'est; 11. Thence alor,g said south line due east, 2435.70 feet and south 89"53' East, 103.74 feet to the point of beginning. LAFCC! r;<:{T 3 'I >\I' s z : 1 ..d 12/31/84 Pa ;e 1 of 1 Y Indicates Proposed 0-S (Open Spacd. a Zone 20 Acres Indlcate8 Proposed I?-1- Singla 65 Acres fCrl Family Aesldential Zone dti./ao, I LAFCQ.’ )ATE: /0-23-~ MAPPING DIVISION ‘CA84L - 4. BS.43 &c SAN DIEGO COUNTY ASSESSOR’S OFFICE AREA: jo-