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HomeMy WebLinkAbout1980-12-09; City Council; Resolution 6383SAN DIEGO . LOCAL AGENCY FORMATION COMMISSION CERTIFICATE OF COMPLETION ... Pursuant to Government Code Sections 35350, 54797.2, and 56450. this Certificate is hereby issued by the Executive Officer of the Local Agency Formation Commission of San Diego County, California. Hie short-terra designation by LAFCO is: "Koll Annexation" The name of each district or city involved in this change of organisation or reorganization, all located within Sart Diego County, and the kind or type of change of organization ordered for each such city or district is as follows: City or District Type of Change of Organization City of Carlsbad Annexation A description of the boundaries of the above-cited change of organization or reorganization is included in._the attached resolution. The territory is inhabited / / uninhabited /X /, The terms and conditions, if any, of the change of organization or reorganiza- tion, O.B set forth in the resolution approving the changa(s) of organization, are included on the attached form. The date of adoption of the resolution/ordinance ordering this change of organization or reorganization without election, or the resolution/ordinance confirming an order for this change of organization or reorganisation after confirmation uv the voters was December 9, 1980 , A certified copy of that resolution/ordinance, adopted by the governing body or the City of Carlsbad is attached hereto and by reference.5 incorporated, nerain. I hereby certify that I have examined the above-cited resolution/ordinance for a chaage of organization or reorganization and have found tnai; document to be in compliance vith Resolution (Ret: CA80-8- N approving said chanae of organization or reorganisation and adopted by the Local Agency Formation Commission of the County of San Diego on December 1, 1980 . I further certify that the governing bodies of all agencies whose service areas or service responsibilities would be altered by such change (s.) have adopted resolutions of agreement to accept the negotiated exchange of property tax revenues between and aracng such affected agencies. December 12, 1980 WILLIAM U . DAVIS Date Executive Officer (11/79) 1497 (7M) 236-2015 • san dtego Local agency formation commission WOO pacific highway • san dkgo. ca. 92IOf chairman Lucilto V. Moor* County Board of Supervisors counsel Donatd l_ Clwk members Ralph W. Chaptnan Otay Municipal Water District Tom Hamilton County Board of Supervisors Dr. Charfw W. Hoitlwr Public Member Or. Lucy KillM Councilwoman, City of San Diego Gloria McCMIan Counciiwoman, City of Vista Ston'ay A. Mahr San Marcos County Water District alternate member: Alex L. Adams Padre Dam Municipal Watsr District Paul Eckart County Board of Supervisors Marjorie Harcom AIDine Fire Protection District CM Laka Councilman. City of Lerron Grove CESTIFICATE RE: TERMS AND CONDITIONS AND INDEBTEDNESS Subject: "Roll Annexation" to the City of Carlsbad (CA80-8) Certain terms and conditions are required by the Local Agency Formation Commission to be fulfilled prior to the completion of the above-named change of organization. CZL (Name)J / (Title) do hereby certify that the terms and conditions listed below have been fully met. The boundaries have been modified to conform to Exhibit B. Will the affected property be taxed for any existing bonded indebtedness or contractual obligation? yes X no If yes, specify. 1962 Sewer Bonds Signature Date 6/80 c 1498 i 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. 6383 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ANNEX- ATION OF CERTAIN UNINHABITED TERRITORY HERE- INAFTER DESCRIBED AND DESIGNATING AS THE ROLL ANNEXATION. WHEREAS, an application for approval of a proposal for the initiation of proceedings for the annexation of territory herein- after identified and described as Koll Annexation to the City of Carlsbad, County of San Diego, State of California was filed with the Local Agency Formation Commission Reference No. CA 80-8; 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 December, 1980, 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 i 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 ^mff ^J^^^^vf1*^ proposed 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 contains a description of certain uninhabited territory sought to be included and annexed to the City of Carlsbad and that said petition is signed by the owners of not less than 25% of the land in the territory by area and by assessed value as shown on the latest equalized assessment roll of the County of San Diego, in which county the City of Carlsbad is situated. 3. That the City Council hereby declares that said petition has been signed or consent to the proposed annexation filed by 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 Roll 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 g 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1500 at the time of, the aforesaid proposed annexation of said described property. 7. That all requirements of law necessary to the adoption of this resolution approving the annexation of certain uninhabited teritory pursuant to the provisions of the Municipal Organization Act of 1977 have been complied with. 8. 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 Koll Annexation and more particularly described as follows: That portion of Lot "F" of Rancho Agua Hedionda in the County of San Diego, State of California, according to the partition map thereof No. 823, filed in the Office of the Recorder of said San Diego County November 16, 1896, described as follows: Commencing at Point One of said Lot "F" as shown on said map, thence South 25°33'56" East, (record South 25°03'40" East) 229.00 feet to a point, which point is Point 23 of said Lot "F" and also the most northerly point of lands conveyed to Elmer Carpenter by deed recorded June 1, 1937, in Book 662, Page 75 of Official Records, thence along the boundary of said Lot "F" South 54°40'19" East (record South 54°08fOO" East) 1347.00 feet; thence leaving the boundary of said Lot "F" South 35°19'44" West (record South 35°49'52" West) 41.28 feet; thence continuing South 35°19'44" West, 2216.46 feet to the True Point of Beginning; thence North 53°02'49" West (record North 52°32'21" West) 1214.69 feet; thence South 89°28'49" West, 1548.97 feet to a point on the line between Point 4 and Point 5 of said Lot "F"; thence along said line South 00°19'11" East, 547.88 feet to said Point 5; thence South 10° 56'37" East, 2155.40 feet to Point 14 of said Lot "F"; thence South 51°00'00" East, (record South 52°15f45" East) 1860.74 feet along the southerly boundary of said Lot "F" to the most westerly corner of land conveyed to James L. Hieatt et ux, by Deed recorded June 11, 1913 in Book 617, Page 54 of Deeds; thence along the northwesterly and northeasterly boundary of said Hieatts land as follows: North 25°00'00" East, 594.00 feet and South 51°00'00" East, 205.33 feet; thence leaving said boundary North 22°42'07" East (record North 23°11'38" East) 575.74 feet; thence South 67°17'53" East (record South 66D48'22" East) 400.38 feet; thence North 22°42'07" East (record North 23°11'38" East) 933.38 feet to the southerly line of land described in Pacific Clay Products lease recorded December 21, 1922 in Book 6, Page 1809 of Deeds; thence along the boundary lines thereof North 67°17'53" West (record North 66°48 ' 22" West) 331.61 feet and North 22°42 ' 07" East (record North 23°llf38" .*»»,,,1501 i 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 East) 1043.56 feet to the most northerly corner thereof; thence North 64027'13" West, 884.41 feet to the True Point of Beginning Said parcel of land containing 194.318 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. adjourned PASSED, APPROVED AND ADOPTED at a/regular meeting of the City Council on the 9th day of December 1980, by the following vote, to wit: AYES: Council Members Packard, Gasler, Lewis and Kulchln NOES: Council Member Anear ABSENT: None RONALD C. PACKARD, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Cle£k (seal) 1502 STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. ALETHA L. RAUTENKRANZI / , City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original Resolution...#6.38.3 passed and adopted by said City Council, at .....an...ad.JO.Ur.Oed meeting thereof, at the time and by the vote therein .^taff'th wjjjfli o'flginal ..RG.S0.1 Ut.l.QH. is now on file in my office: that the same contains a full, true ;- wiiriiJ'cprreft'.'tranwTipt therefrom and of the whole thereof.• ,.¥/ • • • r, • •.--. . •*••'•*< / '*',. '"/ ,•.•'•''':'- "•' ( : : *'.t\V^itiV!:i)iA Jmid and the seal of said Citv of Carlsbad, this .l.Q.th dav of .December ,...1 980 CX80-8 1503 "Koll Annexation1'^ to the City of Carlsbad That portion of Lot "F" of Rancho Agua Kedionda in the County of San Diego, State of California, according to the partition map thereof No. 823, filed in the Office of the Recorder of said San Diego County November 16, 1895, described as follows: Commencing at Point One of said Lot "F" as shown on said map, thence South 25°33'56" East, (record South 25°03'40" East) 229.00 feet to a point, which point is Point 23 of said Lot "F" and also the most northerly point of lands conveyed to Elraer Carpenter by deed recorded June 1, 1937, in Book 662, Page 75 of Official Records, thence along the boundary of said Lot "F" South 54°40'19" East (record South 54°08'00" East) 1347.00 feet; thence leaving the boundary of said Lot "F" South 35°19'44'r West (record South 35°49' 52" West) 41.28 feet; thence continuing South 35°19'44" West, 2216.46 feet to the True Point of Beginning; thence North 53°02'49" West (record North 52032'21M West) 1214.69 feet; thence South 89°28'49" West, 1548.97 feet to a point on the line between Point 4 and Point 5 of said Lot "F"; thence along said line South OO^'ll" East, 547.88 feet to said Point 5; thence South 10°56'37" East, 2155.40 feet to Point 14 of said Lot "F"; thence South 51°OOfOO" East, (record South 52°15'45U East) 1860.74 feet along the southerly boundary of said Lot "F" to the most westerly corner of land conveyed to James L. Hieatt et ux, by Deed recorded June 11, 1913 in. Book 617, Page 54 of Deeds; thence along the northwesterly and northeasterly boundary of said Hieatts land as follows: North 25°00'00n East, 594.00 feet and .South 51°00I00" East, 205.33 feet; thence leaving said boundary North 22°42'07M East (record North 23°11I3S" East) 575.74 feet; thence South 67°17I53" East (record South 66048'22" East) 400.38 feet; thence North 22°42'07n East (record North 23°ll'38 East) 933.38 feet to the southerly line of land described in Pacific Clay Products lease recorded December 21, 1922 in Book 6, Page 1809 of Deeds; thence along the boundary lines thereof North 67°1.7'53" West (record North 66°48'22" West) 331.61 feet and North 22°42'07" East (record North 23°llt38" East) 1043.56 feet to the most northerly corner thereof; thence North 64°27'13" West, 884.41 feet to the True Point of Beginning. Said parcel of land containing 194.318 acres more or less. rs:dg 9/25/80 EXHIBIT B LAFCO Page I of 1 o S.2S°33'S<&"< 229FT.—*l 4S.S4'*£>'/9"£-., /347 /I FT. f S3S'/9'44-"b> •'' RHO. AGUA HEDIONDA MAP 823 AN \ O G I "4= 800' !94.32tACRES ANNEXATION PLAT OF KOLL PROPERTIES TO THE CITY OF CARLSBAD CA80-8 80-433979 HLr/PAQ^G BOOW980FLCCF.DL:C' SEUULST OF DecZS OFFICIA:. RECORDS SAN DiECOC^UHlY. CALIF VERA L. LYLE RECORDER NO FEE 1505 '9 I 2 ? 4 E G E 'i E s 1c 11 12 12 14 15 16 11 1E 1s 2c 21 22 23 24 25 26 27 28 RESOLUTION NO. 6383 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ANNEX- ATION OF CERTAIN UNINHABITED TERRITORY HERE- INAFTER DESCRIBED AND DESIGNATING AS THE KOLL ANNEXATION. I WHEREAS, an application for approval of a proposal for the initiation of proceedings for the annexation of territory herein- after identified and described as Koll Annexation to the City of Carlsbad, County of San Diego, State of California was filed with the Local Agency Formation Commission Reference No. CA 80-8; 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 December, 1980, 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 I I 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 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 proposed to be annexed; , I NOW, THERE'FORE, BE YT RESOLVED by the City Council of the City of Car'lsbad, California, as follows: 1. That lthe above recitations are true and correct. 2. That said petition contains a description of certain uninhabited territory sought to be included and annexed to the City of Carlsbad and that said petition is signed by the owners of not less than 25% of the land in the territory by area and by assessed value as shown on the latest equalized assessment roll of the County of San Diego, in which county the City of Carlsbad is situated. 3. That the City Council hereby declares that said petition has been signed or consent to the proposed annexation filed by the owners of all of the land in the territory proposed to be annexed apd, 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 Koll 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 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 at the time of, the aforesaid proposed annexation of said described pr o p e r t y . 7. That all requirements of law necessary to the adoption of this resolution approving the annexation of certain uninhabited teritory pursuant to the provisions of the 'Municipal Organization Act of 1977 have been complied with. 8. 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 Koll Annexation and more particularly described as follows: That portion of Lot "F" of Rancho Agua Hedionda in the County of San Diego, State of California, according to the partition map thereof No. 823, filed in the Office of the Recorder of said San Diego County November 16, 1896, described as follows: Commencing at Point One of said Lot "F" as shown on said map, thence South 25'33'56'' East, (record South 25'03'40" East) 229.00 feet to a point, which point is Point 23 of said Lot "Frl and also the most northerly point of lands conveyed to Elmer Carpenter by deed recorded June 1, 1937, in Eook 662, Page 75 of Official Records, thence along the boundary of said Lot "F" South 54'40'19" East (record South 54'08'00" East) 1347.00 feet; thence leaving the boundary of said Lot "F" South 35'19'44" West (record South 35'49'52" West) 41.28 feet; thence continuing South 35'19'44" West, 2216.46 feet to the True Point of Beginning; thence North 53'02'49" West (record North 52'32'21" West) 1214.69 feet; thence South 89'28'49" West, 1548.97 feet to a point on the line between Point 4 and Point 5 of said Lot "F"; thence along said line South 0Oo19'11" East, 547.88 feet to said Point 5; thence South 10' 56'37'' East, 2155.40 feet to Point 14 of said Lot "F"; thence South 51"OO'OO" East, (record South 52'15'45" East) 1860.74 feet along the southerly boundary of said Lot "F" to the most westerly corner of land conveyed to James L. Hieatt et ux, by Deed recorded June 11, 1913 in Bock 617, Page 54 of Deeds; thence along the northwesterly and northeasterly boundary of said Hieatts land as follows: North 25'00'00" East, 594.00 feet and South 51°00'00" East, 205.33 feet; thence leaving said boundary North 22'42'07" East (record North 23'11'38" East) 575.74 feet; thence South 67'17'53" East (record South 66"48'22" East) 400.38 feet; thence North 22'42'07" East (record North 23"11'38" East) 933.38 feet to the southerly line of land described in Pacific Clay Products lease recorded December 21, 1922 in Bogk 6, Page 1809 of Deeds; thence along the boundary lines thereof North 67°17p531' West (record North 66'48'22" West) 331.61 feet and North 22'42'07" East (record North 23°11138" . ZL * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I_€ 1: 2( 21 2; 2; 24 2E 2c 2'; 2€ East) 1043.56 feet to the most northerly corner thereof; thence North 64"27'13",West, 884.41 feet to the True Point of Beginning. Said parcel of iand containing 194.318 acres more or less. 9. That fhe City Clerk is directed to prepare under seal a certifies copy of this resolution giving the date of its passage and:transmit it to the Secretary of State. adjourned PASSED, APPROVED AND ADOPTED at alregular meeting of the City Council on the 9th day of December 1980, by the following vote, to wit: AYES: Council Members Packard, Casler, Lewis and Kulchin NOES: Counci 1 Member Anear ABSENT: None ATTEST: (seal)