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HomeMy WebLinkAbout1982-03-02; City Council; Resolution 6802i^U.lvW/7^'^ Q SAN DIEGO COUNTY LOCAL AGENCY FORMATION COMMISSION CERTIFICATE OF COMPLETION "Frandsen Reorganization" R081-47 ~~~~~~~~~~~~~~~~~ 82-114067 !332 APR 22 AH $ 45 Pursuant to Government Code Sections 35350, 54797.2, and 56450, this Certi- 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: FEE City or District City of Carlsbad Leucadia County Water District Type of Change of Organization Annexation Detachment 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/reorganization 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/reorganization, 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 18, 1982 WILLIAM D. DAVIS Executive Officer (After recordation, return to LAFCO @ A216) Date .a ~66 (7M) Z36-2CM5 • san dtego Local agency formation commission KOO pacific highway • san dtago, ca. 92IOI chairman Dr. Charta W. Hoatter Public Member executive officer William O. Davis counsel Donald L. Clark members Ralph W. Chapman Otay Municipal Water District Paul W. Fordam County Board of Supervisors Tom Hamilton County Board of Supervisors Dell Lake Councilman, City of Lemon Grove Gloria McClellan Councilwoman, 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 Councilmember, City of San Diego Majorie Hersom Alpine Fire Protection District CERTIFICATE RE: TERMS AND CONDITIONS AND INDEBTEDNESS Subject: "Frandsen Reorganization" (City of Carlsbad) R081-47 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) 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. 2. The territory to be detached shall be exempt from liability for payment of all or any part of principal, interest or any other amounts which shall become due on account of all or any part of any outstanding or now authorized but hereafter issued bonds, including revenue bonds, or other contracts or obligation of the Leucadia County Water District or any improvement district therein and the levying or fixing and the collection of any (i) taxes or assessments, or (ii) service charges, rentals or rates, or (iii) both, as may be necessary to provide for such payment. The remaining territory of Leucadia County Water District will be liable for payment of all or any part of any outstanding or now authorized but hereafter issued bonds, including revenue bonds or ther contracts or obligations of the Leucadia County Water District. Will the affected property be taxed for any existing bonded indebtedness or contractual obligatiop^? yes^j ^ no If yes, specify. Date 67 RESOLUTION NO. 6802 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 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 FRANDSEN ANNEXATION TO THE CITY OF CARLSBAD, TO INCLUDE THE DETACHMENT OF SAID PROPERTY FROM THE LEUCADIA COUNTY WATER DISTRICT. WHEREAS, an application for approval of a proposal for the initiation of proceedings for the annexation of territory hereinafter identified and described as the Frandsen Annexation to the City of Carlsbad, County of San Diego, State of California, was filed with the Local Agency Formation Commission Reference No. RO 81-47; 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 February, 1982, approving the application for reorganization of the territory hereinafter described by metes and bounds to the City of Carlsbad ; and WHEREAS, said resolution provided that said reorganization 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 56430 et. seq., and WHEREAS, a written petition containing the required signatures and a description of the.uninhabited territory hereinafter described has been pres-ented to the City Council of the City of "Carlsbad, requesting reorganization under the Municipal Organization Act of 1977 and the District 2 proposed to be annexed; has been filed by the owners of all of the land in the territory 3 4 NOW, THEREFORE, BE IT RESOLVED by the City Council of the 9 City of Carlsbad and detached from the Leucadia County Water 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 68 Reorganization Act of 1965; and WHEREAS, said petition has been "signed or consent thereto 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 District 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 co*nsent to the proposed reorganization 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. Th.at 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 include-d in the proposed reorganization is hereby designated and shall hereafter be known as the Frandsen Annexation. 6. That upon the completion of said reorganization all 3 C "- 69Q of the property included therein sh'a 11 be taxed accordingly with the other property within the City of Carlsbad to pay the bonded 9 indebtedness and any and all general indebtedness of the City of 3 Carlsbad contracted prior to, or existing or outstanding at the 4 time of, the aforesaid proposed annexation of said described 5 property. 7. That all requirements of law necessary to the adoption 7 . .of this resolution approving the annexation of certain p uninhabited territory pursuant to the provisions of the 9 Municipal Organization Act of 1977 and the District 10 Reorganization Act of 1965 have been complied with. 8. That it does hereby approve the annexation to the City 12 of Carlsbad and the detachment from the Leucadia County Water 13 District of that certain real property located in the County of 14 San Diego, State of California, designated as the Frandsen 15 Annexation and more particularly described as follows: 16 All that portion of the west half of the Northeast Quarter of T7 Section 26, Township 12 South, Range 4 West, San Bernardino Meridian, in the County, of San Diego, State of California, •10 according to official plat thereof described as follows: 19 Commencing at the Northwest corner of the Northeast Quarter of said Section; thence along the West line of the Northeast 20 Quarter of said Section, South 0°03'33" East, 1441.19 feet to the true point of beginning; thence leaving said West line South 21 89°15'32" East, 890.55 feet to a point in the arc of a 1755.00 foot radius curve. Concave Southwesterly, a radial line to said 22 point bears North 75°12'09" East, said point being in the Southwesterly line of that certain parcel of land described in 23 Deed to the County of San Diego recorded July 10, 1970 as Document No. 121184 official records of said County said 24 Southwesterly line being drawn concentric with and distant 45.00 feet Southwesterly measured radially from the center line of El 25 Camino Real as shown on San Diego County Road Survey No. 1800-1 on file in the Office of the County Engineer of said county 26 being also the boundary of the City of Carlsbad according to Ordinance 1185 adopted August 5, 1975 by their City Council; 27 thence Southeasterly along .said Southwesterly line and city boundary through a central angle of 7° 12 ' 51" a distance of 28 220.97 feet; and tangent to said curve South 7°35'00" East (deed equal South 7°35' 1 1" East), 207.74 feet to the Northeast 70 corner of land described in deed to Glaus, Inc. recorded August 2, 1972, Recorder's File No. 201337 of official records; thence along the Northerly line of said Glaus Land, North 89"15'32" West 960.38 feet to an intersection with the West line of the Northeast Quarter of said Section 26; thence along said West 3 line, North 0003'33" West, 421.55 feet to the TRUE POINT OF BEGINNING. 4 PASSED, APPROVED and ADOPTED at a regular meeting of the 5 City Council on the 2nd day of March , 1982, by 6 the following vote, to wit: 7 Q AYEs: Council Members Packard, Casler, Anear, Lewis and Kulchin 9 NOES: None 10 ABSENT: None 11 12 13 14 "RONALD c. PACKARD, Mayor 15 16 ATTEST: 17 18 le^r ' 19 ALETHA L. RAUTENKRANZ, City Clfprk 20 (SEAL)21 22 23 24 25 26 27 28 -71 STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. ALETfflA L. RAUIENKRANZ I ........ / , City Clerk of the City of Carlsbad, Comity of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original . ?£SQlutlGn ffDpOz passed and adopted by said City Council, at ....^..regular ............. meeting thereof, at the time and by the vote therein stated, which original ^^P--Uon ........... 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 ^th. day of .. March? 1982 [SMAl/l N > H, of? S~£:c. FRANDSEN REORGANIZATION CITY OF CARLSBAD-ANNEXATION LEUCADIA COUNTY WATER DISTRICT-DETACHMENT :^S^7i::y^g^ fO '• tr */*&'•'""'13'£ '"~ -££>*•""~^"!: ^ ^^^^ /L/^A/^ \i RO #/-4? 1 2 3 4 5 6 7 a 9 10 11 1% 12 14 15 1E 13 1E 1s 2c 21 22 2: 24 25 26 27 28 RESOLUTION NO. 6802 A RFSOLUTION OF THE CITY C0,UNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBED AND DESIGNATED AS THE FRANIISEN ANNEXATION TO THE CITY OF CARLSBAD, TO INCLUDE THE DETACHMENT OF SAID PROPERTY FROM THE LEUCADIA COUNTY WATER DISTRICT. WHEREAS, an application for approval of a proposal for the initiation of proceedings for the annexation of territory hereinafter identified and described as the Frandsen Annexation to the City of Carlsbad, County of San Diego, State of California, was filed with the Local Agency Formation Commission Reference No. RO 81-47; 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 February, 1982, approving the application for reorganization of the territory hereinafter described by metes and bounds to the City of Carlsbad; and WHEREAS, said resolution provided that said reorganization 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 56430 et. seq., 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 reorganization under the Municipal Organization Act of 1977 and the District Reorganization Act of 1965; and WHEREAS, said petition has been signed or consent thereto has been filed by the owners of all of the land in the territory 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 detached from the Leucadia County Water District 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 reorganization 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 reorganization is hereby designated and shall hereafter be known as the Frandsen Annexation. 6. That upon the completion of said reorganization all 3 *e L 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 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 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 and the District Reorganization Act of 1965 have been complied with. 8. That it does hereby approve the annexation to the City of Carlsbad and the detachment from the Leucadia County Water District of that certain real property located in the County of San Diego, State of California, designated as the Frandsen Annexation and more particularly described as follows: All that portion of the west half of the Northeast Quarter of Section 26, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to official plat thereof described as follows: Commencing at the Northwest corner of the Northeast Quarter of said Section; thence along the West line of the Northeast Quarter of said Section, South 0'03'33" East, 1441.19 feet to the true point of beginning; thence leaving said West line South 89°15'32'1 East, 890.55 feet to a point in the arc of a 1755.00 foot radius curve. Concave Southwesterly, a radial line to said point bears North 75'12'09" East, said point being in the Southwesterly line of that certain parcel of land described in Deed to the County of San Diego recorded July 10, 1970 as Document No. 121184 official records of said County said Southwesterly line being drawn concentric with and distant 45.00 feet Southwesterly measured radially from the center line of El Camino Real as shown on San Diego County Road Survey No. 1800-1 on file in the Office of the County Engineer of said county being also the boundary of the City of Carlsbad according to Ordinance 1185 adopted August 5, 1975 by their City Council; thence Southeasterly along said Southwesterly line and city boundary through a central angle of 7'12'51" a distance of 220.97 feet; and tangent to said curve South 7'35'00" East (deed equal South 7'35'11" East), 207.74 feet to the Northeast 4. , 1 2 3 4 r; " E 'i E < l( 1: 1: 1: 1 1 1 1 1 1 2 2 2 i f 2 2 : 1 L corner of land described in deed to Claus, Inc. recorded August 2, 1972, Recorder's File No. 201337 of official records; thence along the Northerly line of said Claus Land, North 89'15'32" West 960.38 feet to an intersection with the West line of the Northeast Quarter of said Section 26; thence along said West line, North O"03'33" West, 421.55 feet to the TRUE POINT OF BEGINNING. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council on the 2nd day of firdl , 1982, by the following vote, to wit: AYES: NOES: ABSENT: Council Wers Packard, Casler, hear, Lewis and Kulchin None None ATTEST : n R (SEAL) /