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
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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
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proposed to be annexed;
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'NOW, THEREFORE, BE IT RESOLVED by the City Council of the
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city of Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
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2. That said petition contains a description of certain
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uninhabited territory sought to be included and annexed to the
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city of Carlsbad and that said petition is signed by the owners
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of not less than 25% of the land in the territory by area and by
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assessed value as shown on the latest equalized assessment roll
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of the County of San Diego, in which county the city of Carlsbad
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is situated.
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3. That the City Council hereby declares that said petition
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has been signed or consent to the proposed annexation filed by
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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
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at the time of, the aforesaid proposed annexation of said
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described property.
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7. That all requirements of law necessary to the adoption
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of this resolution approving the annexation of certain
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uninhabited territory pursuant to the provisions of the Municipal
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Organization Act of 1977 have been complied with.
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8. That it does hereby approve the annexation to the city
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of Carlsbad of that certain real property located in the County
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of San Diego, State of California, designated as the Ukegawa
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Annexation and more particularly described as follows:
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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:
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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;
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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);
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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;
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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;
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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 , ^ ^ .
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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
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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.
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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