HomeMy WebLinkAbout1985-02-05; City Council; 8051; The Carlsbad Land Investors AnnexationEl 7 0 e e a 6
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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
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.LCICATION MAP
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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
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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 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.
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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.
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(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.
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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,
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LAFCQ.’
)ATE: /0-23-~ MAPPING DIVISION ‘CA84L - 4.
BS.43 &c SAN DIEGO COUNTY ASSESSOR’S OFFICE AREA:
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