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HomeMy WebLinkAbout1982-02-02; City Council; Resolution 6775RECORDING REQUESTED bf " - • 834 ANDf*1LTO: Av/5 /&/£ - ^ w SAN DIEGO COUNTY . LOCAL AGENCY FORMATION COMMISSION OF^^^-lnnr CERTIFICATE OF COMPLETION I OF"SAKC^Gb'S.^Vr ''Kelly Annexation" to the I! AiMlQ: _|C2k£i_-£J ; ; {^ COUNTY RECORDER I Pursuant to Governmerst Code Sections 35350, 54797.2, and 56450, this Certi||Q eps ficate is hereby issued. The name of each city and/or district involved in this change of organiza- tion/reorganization , all located within San Diego County, and the type of change of organization ordered for each such city and/or district is as follows: £i'_2iSi£i£Jt Type of Change of Organization City of Carlsbad Annexation A certified copy of the resolution/ordinance ordering this change of organi- zation/reorganization without an election,, or the resolution/ordinance confirming an order for this change of organization/reorganization after confirmation by the voters is attached hereto and by reference incorporated herein. A legal, description and map of the. boundaries of the above-cited change of organization/reorganisation is included in said resolution. The terms and conditions, if any, of the change of organization/reorganiza- tion are indicated on the attached form. i hereby certify that I have examined the above-cited resolution/ordinance for a change of organization/reorganisation, and have found that document to be in compliance with the Commission's resolution approving said change of organization/reorganization, I further certify that (1) resolutions agreeing to accept a negotiated ex- change of property tax revenues for this jurisdictional change, adopted by the local agencies included in the negotiations, have been submitted to this office, or (2) a master property tax exchange agreement pertinent to this jurisdictional change is on file. March 3, 1982 WILLIAM D. DAVIS Date Executive Officer * (After recordation, return to LAFCO 0 A216) chairman Or. Charles W. Hottler Public Member executive officer William O. Davis counsel Donald L. Clark members Ralph W. Chapman Otay Municipal Water District Paul W. Fordem County Board of Supervisors Tom Hamilton County Board of Supervisors D*ll Lake Councilman, City of Lemon Grove Gloria McClellan Councilwornan, City of Vista Stanley A. Mahr San Marcos County Water District alternate members Alex L. Adams Padre Dam Municipal Water District Paul Eckert County Board of Supervisors Mike Gotch Co unc-1 member, City of San Diego Major if. Hersom Ait-ine fire Protection District c 835 O (714, ,:-;;-•. cros • san diego Local agency formation commission I6OO pacific highway • san dtego. ca. 92IOI CERTIFICATE RE: TERMS AND CONDITIONS AND INDEBTEDNESS Subject: "Kelly Annexation" to the City of Carlsbad CA81-6 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. (Name)) , ((Title) do hereby certify that the terms and conditions listed below have been fully met. 1. The boundaries shall be made to conform to Exhibit A attached hereto. Will the affected property be taxed for any existing bonded Indebtedness or contractual obligation? yes ^ no If yes, specify. /?// t/&9tffi<( Signature Date 636 RESOLUTION NO. 6775 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 KELLY ANNEXATION. 5 WHEREAl>, an application for approval of a proposal for 6 the initiation of proceedings for the annexation of territory hereinafter indent if ied and described as Kelly Annexation to 8 the City of Carlsbad, County of San Diego, State of California, 9 was filed with the Local Agency Formation Commission Reference 10 No. DA 81-6; and 11 .. WHEREAS, a resolution of the said Local Agency Formation 12 Comtni ss ion , . af t er a hearing held in the manner required by law, 13 was duly passed and adopted on the llth day 'of January, 1982, 14 approving the application for annexation of the territory 15 hereinafter described by metes and bounds to the City of 16 Carl sbad ; and 17 WHEREAS, said resolution provided that said annexation was approved without notice and hearing and further provided that 19 the City Council of the City of Carlsbad was authorized to annex 20 .. -said territory without notice and hearing by said Council and 21 without an election as provided in California Government Code 22 Section 35151 ; and 23 WHEREAS, a written petition containing the required 24 signatures and a description of the uninhabited territory 25 hereinafter described has been presented to the City Council of 26 the City of Carlsbad, requesting annexation under the Municipal 27 ' Organization Act of 1977; and 28 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ..-• 837 WHEREAS, said petition has been signed or consent thereto has been filed by the owners of all of the land in the territory o 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 petition 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 Kelly Annexation. 6. 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 838 time of, the aforesaid proposed annexation of said described 1 property. 2 7. That all requirements of law necessary to the adoption 3 . . • .of this resolution approving the annexation of certain 4 . -"'••..uninhabited territory pursuant to the provisions of the 5 Municipal Organization Act of 1977 have been complied with. 6 8. That it does hereby approve the annexation to the City 7 of Carlsbad of that certain real property located in the County 8 of San Diego, State of California, designated as the Kelly 9 Annexation and more particularly described as follows: 10 . 11 All that portion of that certain parcel of land designated as "Description No. 3, 78.07 acres" shown and delineated on 12 record .of Survey Map No. 5715, filed in the Office of the County Recorder of San Diego County, December 19, 1960, 13 being a portion of Lot "G" of the Rancho Agua Hedionda , in the County of San Diego, State of California, according to 14 Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, lying 15 within the following described boundaries: 16 Beginning at corner 13 of"said Lot "G" as shown on said Map No. 823, also being the Southwest corner of 17 ' said record Survey Map No. 5715; 18 1. thence along the Westerly line of said record of Survey Map No. 5715, North 0C31'16" West, 1559.59 feet (record 19 North 0°32' West, 1558.90 feet); 20 2. thence leaving said Westerly line, North 86e51'47" East, 1212.4-5 feet to the Northwesterly corner of that 21 certain parcel of land designated as "description No. 4, 76.89 acres" as shown and delineated on said record 22 of .Survey Map No. 5715; 23 3. thence along the Northerly line of said parcel, North 71°35I51" East, 1237.58 feet to the most Northerly 24 corner thereof, also being an angle point in the boundary of said parcel of land designated as 25 "description No. 3, 78.07 acres"; 26 4. thence along said boundary, North 83e40'44" East, 1515.84 feet to the most Northerly corner of that 27 certain parcel of land designated as "description No. 5, 103.54 acres" as shown and delineated on said record 28 of Survey Map No. 5715 and the true point of beginning; 5. thence Nor'therly 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 Map 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; 5 6. thence Southeasterly along said Southerly line to the g Northeasterly line of said parcel of land designated as "description No. 3, 78.07 acres"; 7 7. thence South 39"35I10" East along said Northeasterly o line to the most Southerly corner thereof; g 8. thence along the boundary of said land the following courses and distances; •IQ North 79e20'21' West, 377.94 feet North 41e21'46" West, 1086.50 feet •Q North 57°12'36" West, 505.80 feet to the true point of be.ginning. 12 13 ,PASSED, APPROVED AND ADOPTED at a regular meeting of 14 the City Council on the • 2nd day of February , 1982, 15 by the following vote, to wit: 16 AYES: Council Members Packard, Casler, Anear, Lewis and Rulchin NOES: None 18 ABSENT: None 19 20 21 RONALD C. PACKARD, Mayor 22 ATTEST: 23 24 IfUJL** A^^^ 25 ALETHA L." RAUTENKRAN^CUyc7erk 26 (SEAL) 27 28 £ o - 840 STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. ALETHA.L. RAIJJENKKANZI ....... / , 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 f^SOlUtlOn ..jry/./P. |)assed and adopted by said City Council, at ^..•^S'-M-Sir ......... meeting thereof, at the time and by the vote therein stated, which original Resolution .......... is now on file in my office: that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this 4th. day of February ,1982 .................. City Clerk 841 "'•s^'V^•**•/* t/ o)- ^-~^____^-^ A A* ^^~~~~ A* 4\" 77^0.^Ai- AVi? ^/^ th^^-^r^\( L t ^^^ r I MX.**, i » "V^"/ ///^ $/ * RHO. AGl £ MA x St JU> + OK *"• *3i O fl*^ 61 -^ i | r v Q\ ': ^ ^- POR.G s^*X-Su -X<3 ^VM*- \N 377. DATE: II- 10- 61 SCALE: P'^'d-OO' r.R,A. PAGE: ^(^p DRAWN BY'.^ ^c.HUJ?R MAPPING DIVISION SAN DIEGO COUNTY ASSESSOR'S OFFICE KELLY WNEXAT/OM TO TH£ CITY OF CARLS BAI>. LAFCO: CAdl-C* AREA; , • ^ , A/» 1 1 . \J \ AlC- 3/L'- 2I2-O40 THOMAS BROS'- /9-2)£:2. 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. 6775 I 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 KELLY ANNEXATION. WHEREAS, an application for approval of a proposal for the initiation of proceedings for the annexation of territory hereinafter indentified and described as Kelly Annexation to the City of Carlsbad, County of San Diego, State of California, was filed with the Local Agency Format ion Commission Reference No. DA 81-6; 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 11th day of January, 1982, 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 i . c 1 2 3 4 5 6 7 8 9 3.0 11 12 13 14 15 16 17 18 19 20 21 22 23 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 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 petition 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 Kelly Annexation. 6. 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 3 4 c 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l? 18 19 20 21 22 23 24 25 26 27 28 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 territory 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 Kelly Annexation and more particularly described as follows: All that portion of that certain parcel of land designated as "Description No. 3, 78.07 acres" 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 of 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 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"; I1 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 and the true point of beginning; 4 . 7. J 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 I 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 Map 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 Southeasterly along said Southerly line to the Northeasterly line of said parcel of land designated as I' description No. 3, 78.07 acres"; 7. thence South 39°35'10" East along said Northeasterly line to the most Southerly corner thereof; 8. thence along the boundary of said land the following courses and distances; North 79"20'21' West, 377.94 feet North 41"21'46" West, 1086.50 feet North 57'12'36" West, 505.80 feet to the true point of beginning. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 2nd day of February , 1982, by the following vote, to wit: AYES : Council Wers Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: Nme ATTEST: (SEAL) 5