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HomeMy WebLinkAbout1981-07-07; City Council; 6539-2; Annexation of Ukegawa PropertyAGENDA BILL INITIAL; BH:LS AGENDA BILL NO: ^?5^* - ^^.0^0^^^^ ^JLr DEPT. HE DATE: JULY 7, 1981 CTY. ATTY. DEPARTMENT: PLANNING CTY. MGR. SUBJECT: ZC-215 UKEGAWA - ANNEXATION OF THE UKEGAWA PROPERTY STATEMENT OF THE MATTER: This item is a request for approval of an annexation of 13.89 acres of uninhabi- ted land located on the south side of Palomar Airport Road, west of Interstate- 5. The City Council adopted a Tax Exchange Resolution for this property on March 3, 1981 setting an exchange rate of 48%. On June 1, 1981, the Local Agency Formation Commission adopted a Resolution of Annexation for this proper- ty. The last remaining discretionry action is the adoption of the attached Res- olution of Annexation by the City Council. Approval of this annexation would be consistent with the City Council's recently adopted annexation policy. ENVIRONMENTAL REVIEW The Planning Director has issued a Negative Declaration for a general plan amendment and a zone change on the subject property, dated October 11, 1980, which was approved by the Planning Commission on November 5, 1980. A copy of the environmental documents is on file in the Planning Department office. 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. RECOMMENDATION The Planning staff recommends that this application be APPROVED and that the City Council adopt Resolution No. {0&0*L» ATTACHMENTS 1. City Council Resolution No. ^Jo^JL, dated July 7, 1981. 2. IAFCO Resolution of Annexation 3. Resolution of Property Tax Exchange APPROVED 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. • , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBED AND DESIGNATING AS THE UKEGAWA ANNEXATION. WHEREAS, an application for approval of a proposal for the initiation of proceedings for the annexation of territory hereinafter identified and described as Ukegawa Annexation to the city of Carlsbad, County of San Diego, State of California was filed with the Local Agency Formation Commission Reference No. CA 80-11; 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 1st day of June, 1981, approving the application for annexation of the territory hereinafter, described by metes and bounds to the city of Carlsbad; and WHEREAS, said resolution provided that said 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 City Council of the city of Carlsbad, requesting annexation under the Municipal Organization Act of 1977; and WHEREAS, said petition has been signed or consent thereto has been filed by the owners of all of the land in the territory 1 proposed to be annexed; 2 'NOW, THEREFORE, BE IT RESOLVED by the City Council of the 3 city of Carlsbad, California, as follows: 4 1. That the above recitations are true and correct. 5 2. That said petition contains a description of certain 6 uninhabited territory sought to be included and annexed to the 7 city of Carlsbad and that said petition is signed by the owners 8 of not less than 25% of the land in the territory by area and by 9 assessed value as shown on the latest equalized assessment roll 10 of the County of San Diego, in which county the city of Carlsbad 11 is situated. 12 3. That the City Council hereby declares that said petition 13 has been signed or consent to the proposed annexation filed by 14 15 16 17 18 19 20 21 22 23 24 25 26 £7 28 the owners of all of the land in the territory proposed to be annexed and, therefore, no protests may be filed against the annexation by persons owning property in the territory. 4. 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. 5. That the aforementioned uninhabited territory included in the proposed annexation is hereby designated and shall hereafter be known as the Ukegawa annexation. 6. That upon the 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 .2 1 at the time of, the aforesaid proposed annexation of said 2 described property. 3 7. That all requirements of law necessary to the adoption 4 of this resolution approving the annexation of certain 5 uninhabited territory pursuant to the provisions of the Municipal 6 Organization Act of 1977 have been complied with. 7 ' 8. That it does hereby approve the annexation to the city 8 of Carlsbad of that certain real property located in the County 9 of San Diego, State of California, designated as the Ukegawa 10 Annexation and more particularly described as follows: 11 All that portion of that certain parcel of land designated 12 as "Description No. 3, 78.07 acres" as shown and delineated on record of survey Map No. 5715, filed in the office of the 13 County Recorder of San Diego County, December 19, 1960, being a portion of Lot "G" of the Rancho Agua Hedionda, in 14 the County of San Diego, State of California, according to Map thereof No. 823, filed in the office of the County 15 Recorder of San Diego County, November 16, 1896, lying within the following described boundaries: 16 Beginning at corner 13 of said Lot "G" as shown on said 17 Map No. 823, also being the Southwest corner of said record of survey Map No. 5715; 18 1. thence along the Westerly line of said record of survey 19 | Map No. 5715, North 0031'16" West, 1559.59 feet (record, North 0°32' West, 1558.90 feet); 20 . - . 2. thence leaving said Westerly line, North 86"51'47" East, 21 1212.45 feet to the Northwesterly corner of that certain parcel of land designated as "description No. 4, 76.89 22 acres" as shown and delineated on said record of survey Map No. 5715; 23 3. thence along the Northerly line of said parcel, North 24 7r35'51" East, 1237.58 feet to the most Northerly corner thereof, also being an angle point in the 25 boundary of said parcel of land designated as "description No. 3, 78.07 acres" and the TRUE POINT OF 26 BEGINNING; 27 4. thence along said boundary, North 83°40'44" east, 1515.84 feet to the most Northerly corner of that 28 certain parcel of land designated as "description No. 5, 103.54 acres as shown and delineated on said record of survey Map No. 5715; 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 5. thence Northerly along a straight line to the Southerly line of road survey No. 1534 (Palomar Airport Road) map on file in the County Engineer's Office of said county, said straight line if extended would end at a point on the center line of said road survey No. 1534, distant thereon North 78°54I09" West, 110.74 feet from the Westerly terminus of the 1200.00 foot radius curve in said center line; 6. thence North 78°54'09" West along said Southerly line to a line that bears North 13°36'43" east from the TRUE POINT OF BEGINNING; 7. thence South 13°36'43" West to the TRUE POINT OF BEGINNING. Said parcel of land containing 13.89 acres more or less.. 9. That the City Clerk is directed to prepare under seal a certified copy of this resolution giving the date of its passage and transmit it to the Secretary of State. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 7th day of July , 1981, by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None RONALD C. PACKARD, Mayor ATTEST: ALETHA L R. S (SEAL) JTENKRANZ, City Clerk IS, Deputy City Clerk .4 Item 3 Ref: CA80-11 RESOLUTION OF LOCAL AGENCY FORMATION COMMISSION APPROVING A PROPOSED ANNEXATION TO THE CITY OF CARLSBAD "South Carlsbad/Ukegawa Annexation" On motion of Commissioner McClellan. seconded by Commissioner Lake , the following resolution is adopted: WHEREAS, a petition of landowners was submitted to this Commission for annexation of territory to the City of Carlsbad (hereinafter referred to as the CityT^which petition was certified" sufficient by the executive officer on Jan, 5, 1981 ; WHEREAS, the executive officer of this Commission has filed his report on said proposed annexation, which report has been considered by this Commission, NOW THEREFORE BE IT RESOLVED THAT THIS COMMISSION HEREBY FINDS, DETERMINES AND ORDERS as follows: 1. The territory proposed to be annexed (hereinafter referred to as the Territory) is as described in the petition on file with the Local Agency Formation Commission. 2. The description of the boundaries of the Territory as described in Exhibit A attached hereto is definite and certain. 3. The description of the boundaries of the Territory does conform to lines of assessment and ownership. ^* All owners of land within the Territory have consented in writing to the proposed annexation. 5. The Territory includes 13.89 acres and is un inhabited, 6. The Territory proposed to be annexed is hereby designated the "South Carlsbad/Ukegawa Annexation" . . 7. The Commission certifies that it has reviewed and considered the information contained in the Negative Declaration prepared by the City of Carlsbad. 8. The Commission hereby approves the proposed annexation subject to the proposed conditions, if any as stated'on Exhibit none attached hereto. 9. The Commission hereby designates the City as the conducting authority and authorizes the Legislative Body of said City to initiate annexation proceedings in compliance with this resolution, without notice and hearing and without an election. 10. The Executive Officer of this Commission is directed to mail and file certified copies of this resolution in accordance with Government Code Section 35159. -2- PASSED AND ADOPTED by the Local Agency Formation Commission of the County of San Diego thii 1st day of June , f 19_81, by the following vote: AYES: Commissioners Chapman, Hamilton, Lake, McClellan, and Mahr NOES: None ABSENT: Commissioners Fordem and Hostler ABSTAINING: None STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) I, WILLIAM D. DAVIS, Executive Officer of the Local Agency Formation Commission 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 June 1, 1981 , 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 eighth day of June y 1981. JILLIAM D. DAVIS, Executive Officer San Diego County Local Agency Formation Commission GA80-11 "South Carlsbad/Ukegawa Annexation" to the City of Carlsbad All that portion of that certain parcel of land designated as "Description No. 3, 78.07 acres" as shown and delineated on record of survey Map No. 5715, filed in the office of the County Recorder of San Diego County, December 19, 1960, being a portion of Lot "G" of the Rancho Agua Hedionda, in the County x>f San Diego, State of California, according to Map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, lying within the following described boundaries: Beginning at corner 13 of said Lot "G" as shown on said Map No. 823, also being the Southwest corner of said record of survey Map No. 5715; 1. thence along the Westerly line of said record of survey Map No. 5715, North 0°31'16" West, 1559.59 feet ( record, North 0°32* West, 1558.90 feet); 2. thence leaving said westerly line, North 86°51'47" East, 1212.45 feet to the Northwesterly corner of that certain parcel of land designated as "description No. 4, 76.89 acres" as shown and delineated on said record of survey Map No. 5715; 3. thence along the Northerly line of said parcel, North 71°35'51" East, 1237.58 feet to the most Northerly corner thereof, also being an angle point in the boundary of said parcel of land designated as "description No. 3, 78.07 acres" and the TRUE POINT OF BEGINNING; 4. thence along said boundary, North 83°40'44" east, 1515.84 feet to the most Northerly corner of that certain parcel of land designated as "description No. 5, 103.54 acres as shown and delineated on said record of survey Map No. 5715; 5. thence Northerly along a straight line to the Southerly line of road survey No. 1534 (Palomar airport road) map on file in the County Engineer's office of said county, said straight line if extended would end at a point on the center line of said road survey No. 1534, distant thereon North 78°54'09" West, 110.74 feet from the Westerly terminus of the 1200.00 foot radius curve in said center line; 6. thence North 78°54'09" West along said Southerly line to a line that bears North 13°36'43" east from the TRUE .POINT OF BEGINNING;*;.,;.rc'.--.~ »'-' ':\; Locif A;-?ncy Fcnna*!"") 7. thence South 13°36'43" West to the TRUE POINT OF BEGINNING". rs:dg EXHIBIT A "^ * 193) 3/17/81 page i Of i , ^ ^ . <••_•" '. .-•--•,--L:J---.-^- .-';•!. * /lXj;>:<£,,i^ LAFCO ^-.u,v- C;; ; jf c? ^d CC/IKM'^^,-.- Approval b-.''!"? lcv~' --"Try Formation Cor.-i!V..i^v,ic. ;;.•.-, :;;^;o Jliii 11931 (V .- 00'C^sy-Vs&A^iiix' -•*> ' &-&MfSJ Executive Officer ot i.;id Commission MAP 823 RHO. AGUA HEDIONDA 'DATE:12-30-80 :3CALE: |"=400' iT.RA.PAGE: 66D ( DR AWN BY: D. D.O. MAPPING DIVISION SAN DIEGO COUNTY ASSESSOR'S OFFICE SOUTH CARLSBAD -UKEGAWA ANNEXATION TO CITY OF CARLSBAD LAFCO:CA80-II AREA: 13.89 AC B/L: 212-040 THOMAS BROS: |Q-n2 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. 6448 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA REGARDING PROPERTY TAX EXCHANGE RELATING TO JURISDICTION7VL CHANGES - ' UKEGAWA /ANNEXATION. WHEREAS, Revenue and Taxation Code Section 99 requires the negotiation of any exchange of property tax revenues occasioned by jurisdictional changes between the areas affected; and WHEREAS, under such circumstances the City Council is authorized to negotiate such property tax revenue exchanges on behalf of the city of Carlsbad; and WHEREAS, the attached jurisdictional change between the county and the city is proposed; and WHEREAS, the county has negotiated with the city of Carlsbad to determine an equitable exchange of property tax revenue appli- cable to such jurisdictional change; NOW, THEREFORE, BE IT IS RESOLVED AND ORDERED that th« juris- dictional change shall result in the property tax exchanges shown on the attached Exhibit "A". IT IS FURTHER RESOLVED AND ORDERED that the City Clerk of the city of Carlsbad shall, on behalf of the city notify the County Board of Supervisors, County Auditor and the Local Agency Formation Commission of such negotiated exchange of px'operty tax revenues by forwarding to them a copy of this resolution. 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 on the 3rd day of March, 1981, by the following vote, to wit: AYES: Council Members Packard, Casler, Anear-, Lewis and Kulchin. NOES: None ABSENT: None ' . • RONALD C. PACKARD, Mayor ATTEST: A 0 ^ J) P -^/ V*^W«* -£_X j£\Jf''11 f1 * l\ fa f * _/LP>; J^ } & Al-ETHA'TrlRAUT'ENKR/XNZ , City ClerJ^ (SEAL) EXHIBIT "A" . MARCH 3, 1980 NEGOTIATED PROPERTY .TAX DISTRIBUTION (Annual Tax Increment) Ukegawa Annexation to the city of Carlsbad - LAFCO #CA 80-11 . - * Original .PT Negotiated PT Distribution Distribution San Diego County (Incl. Libr) .33387360 .17361430 City of Carlsbad - .1602593 Other Jurisdictions .66612640 .66612640 TOTAL 1.00000000 1.00000000