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Home My WebLink About1985-11-19; City Council; 8408; The Kirgis AnnexationCl'r OF CARLSBAD - AGENt BILL DEPT. HD.& d- CITY ATTYYLkZf CITY MGR.- RECOMMENDED ACTION: It is recommended that the City Council ADOPT Resolution No. m47' APPROVING the Kirgis Annexation. ITEM EXPLANATION This item is a request by Howard G. Kirgis, and Szytel Engineering and Surveying, Inc., for City Council approval of an annexation of 21.91 acres of land, generally located between the southerly edge of the Kelly Ranch and Macario Canyon Park, approximately one mile west of El Camino Real. The property was prezoned to R-1-30,000 by the City Council on March 19, 1985. On October 7, 1985 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. ENVIRONMENTAL REVIEW A Negative Declaration dated October 13, 1984 was prepared, approved and filed by the Planning Commission on January 23, 1985 on the subject property. A copy of the document is on file in the Planning Department. FISCAL IMPACT The annexation of this property will generate additional revenue from property taxes which should offset the cost of providing public services to the site. EXHIBITS 1) Location Map 2) City Council Resolution No. p< 67 3) LAFCO Resolution of Annexation OCATION MAP KlRGlS CARLSBAD GPA/LU 84-7 I zc-3 10 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. 8267 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 KIRGIS ANNEXATION,. WHEREAS, an application for approval of a proposal for the initiation of proceedings for the annexation of territory hereinafter identified and described as the Kirgis Annexation to the City of Carlsbad, County of San Diego, State of California, was filed with the Local Agency Formation Commission Reference No. CA 85-5; 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 7th day of October, 1985 approving the application for annexation of the territory described by metes and bounds on Exhibit I'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 annexat ion under the Municipal Organization Act of 1977; and 1 I 4 A I i I 1 ! 1( 1: 1; 1: 14 If 1f 1'; 1E 1s 2c 21 22 22 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 Aqency 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 he filed aaainst 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 contiauous 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 qeneral 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, desiqnated as the Kirgis Annexation and more particularly described on Exhibit "A" attached hereto and made a part hereof. If If 11 lI If i 1 i 4 8 1 ! 1( 1: 1; 1: 14 1: 1E 17 1€ 19 2c 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a reqular meeting of the City Council of the City of Carlsbad on the lgth day of November , 1985, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Chick and Pettine NOES: None ABSENT : Council Member Casler CLAUDE A. LEWIS, Mayor Pro-Tern ATTEST: &A! Q& ALETHA L. RAUTENKRANZ, City C (SEAL) CA85-5 "Kirgis Annexation" to City of Carlshad ~11 that portion of Lot F of Rancho Agua Hedionda, according to the partition map thereof No. 823, filed November 16, 1896, in the Office of the Recorder of San Diego County, lying within the following described boundaries: Beginning at Point 5 of said Lot F; 1. Thence North 87O23'24" West, 1200.00 feet along said north line to the northwest corner of land described in deed to Howard G. Kirgis, et ux., recorded September 24, 1957, in Book 676L, Page 197 of Official Records of said county; 2. Thence South 2"36'36" West (record South 2O34'59" West), - 740.00 feet along the westerly line of said land to the 3. Thence South 87'23'24'' East, 1378.84 feet (record - Sotith 87"25'01" East, 1400.00 feet more or less) along the southerly line of said land to the southeasterly corner thereof; southwest corner thereof; 4. Thence North 10°58'35" West along the easterly line of said land to the point of beginning. sc:iw 10/9/85 LAFCO EX H I B IT It A" Page 1 of 1 POR LOT F RHO AGUA HEDIONOA MAP 823- Approved by the Local Agency Formation Commission of San Diego OCT 71985 . r w Minute Item: 3 Ref. No.: CA85-5 RESOLUTION OF THE SAN DIEGO LOCAL AGENCY FORMATION COMMISSION APPROVING A PROPOSED ANNEXATION TO THE CITY OF CARLSBAD "Kirgis Annexation" On motion of Commissioner Hostler, seconded by Commissioner Mahr, 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 October 1, 1985; 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 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 certifies that it has reviewed and considered the information contained in the Negative Declaration prepared by the City of Carlsbad. (2) The Commission hereby approves the annexation with modified boundaries, as described in Exhibit A attached hereto. (3) The boundaries of the territory as described in Exhibit A are definite and certain. (4) The boundaries of the territory do conform to lines of assessment and ownership. (5) The territory includes 21.90 acres and is uninhabited. (6) The territory proposed to be annexed is hereby designated the "Kirgis Annexation" to the City of Carlsbad. (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. Passed and adopted by the Local Agency Formation Commission of the County of San Diego this 7th day of October , 19 85 , by the following vote: AYES: Commissioners Bilbray, Eckert, Gotch, Hersom, Mahr, and Hostler NOES: None ABSENT: Commissioners Moore and Oravec ABSTAINING': None STATE OF CALIFORNIA) } COUNTY 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 foregoing copy with the original resolution adopted by said Commission at its regular meeting on October 7, 1985 _ , which original 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 21st day of October , 19 85 JAN|/P. MERRILL Executive Officer San Diego County Local Agency Formation Commission