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HomeMy WebLinkAbout1983-02-01; City Council; Resolution 7131c Q 83-052017 SAN DIEGO COUNTY RECORDING REQUESTED BY LOCAL AGENCY FORMATION COMMISSION RETURN TO LAFCO CERTIFICATE OF COMPLETION (OF SANOF^OMTY CA ;@ A216 ' ' "Seabluff Reorganization" 1383 FCB 17 AM !I: 38 R082-21 . v ' I COi VEP.AL.LYLr: COUNTYRECORDER Pursuant to Government Code Sections 35350, 54797.2, and 56450, this Certl- ficate is hereby issued. NO FEc 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: City or District Type of Change of Organization City of Carlsbad Annexation Leucadia County Water District 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. Ay February 15, 1983 WILLIAM D. DAVIS Date Executive Officer (After recordation, return to LAFCO @ A216) V 'V chairman Tom Hamilton County Board of Supervisors executive officer William D. Davis counsel Donald L. Clark members Ralph W. Chapman Otay Municipal Water District Roger Hedgecock County Board of Supervisors Dr. Charles W. Hostler Public Member Dell Lake Councilman, City of Lemon Grove Gloria McClellan Councilwoman, City of Vista Stanley A. Mahr San Marcos County Water District alternate members Paul Eckert County Board of Supervisors Mike Gotch Councilmember, City of San Diegdte>-^ Marjorie Hersom Alpine Fire Protection District c 1852 (714) 236-2OI5 • san dicgo Local agency formation commission I6OO pacific highway • san diego, ca. 9BIOI CERTIFICATE RE: TERMS AND CONDITIONS AND INDEBTEDNESS Subject: "Seabluff Reorganization" (City of Carlsbad) (R082-21) 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. / jfauJlZjLa. (Name)/(Title) do hereby certify that the terms and conditions listed below have been fully met. 1. The boundaries shall be modified to conform to Exhibit "A" attached hereto. \ \ Will the affected property be taxed for any existing bonded indebtedness or contractual obligation? yes l^._ no If yes, specify. 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 1853 RESOLUTION NO. 7131 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 SEABIUFF REORGANIZATION 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 reorganization of territory hereinafter indentified and described as Seabluff Reorganization to the City of Carlsbad, County of San Diego, State of California, was filed with the Local Agency Formation 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 10th day of January, 1983, approving the application for annexation of the territory hereinafter described by metes and bounds; 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 35151; and WHEREAS, a written petition containing tae required signatures and a description of the uninhabited territory hereinafter described has been presented to the Local Agency Formation Commission requesting reorganization under the Municipal Organization Act of 1977; and the District Reorganization Act of 1965; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .-t 1854 WHEREAS, said petition has been signed or consent thereto has been filed by the owners of all of the land in the tex'ritory ~ to be annexed; 5 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 7 uninhabited territory sought to be included and annexed to the o City of Carlsbad and detached from the Leucadia County Water g 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 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 reorganization is hereby designated and shall hereafter be known as the Seabluff Reorganization. 6. That upon completion of said reorganzation all of the property included therein shall be taxed accordingly with the ' indebtedness and any and all general indebtedness of the City of ' o Carlsbad contracted prior to, or existing or outstanding at the 2 " time of, the aforesaid proposed annexation of said described 4.^ property. 5 7. That all requirements of law necessary to the adoption of this resolution approving the reorganization of certain 7 uninhabited territory pursuant to the provisions of the Municipal o Organization Act of 1977, and the District Reorganization Act of Q 1965, have been complied with. 10 •^ of Carlsbad and the detachment from the Leucadia County Water 12 13 14 15 16 18 19 20 21 22 23 24 28 * • •• 185o ^ other property within the City of Carlsbad to pay the bonded 8. That it does hereby approve the annexation to the City District of that certain real property located in the County of San Diego, State of California, designated as the Seabluff Reorganzation and more particularly described on Exhibit "A" attached hereto and made a part hereof. PASSED, APPROVED AND ADOPTED at a regular meeting 17 °f the City Council on the 1st day of February , 1983, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Prescott NOES: None . ABSENT: None •o^\j^ MARY H.y/CASLER, Mayor 25 ATTEST: 27 . A^ALETHA L. RAUTENKRANZ, City Clerk ..- 1856 R082-21 "SEABLUFF REORGANIZATION" (City of Carlsbad) Legal Description All that portion of the South Quarter of the Southwest Quarter Oi. Section 28, and that portion of the North half of the Northwest Quarter and of Lots 1,4, 5,6,13,14, and 15 of Section 33, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey, approved May 3, 1883, lying within the following described boundaries: Beginning at the intersection of the Northerly line of the South Quarter of the Southwest Quarter of said Section 28 with the Easterly line of that certain 'parcel of land conveyed to the Atchinson, Topeka and Santa Fe Railway Company, by Deed recorded March 30, 1946 in Book 2059, Page 466 of Official Records, of said county, being an angle point in the boundary of the City of Carlsbad as established by their Ordinance No. 1122, adopted July 21, 1970, by said City; 1. thence South 89°57'53" East, 2384.70 feet along said Northerly line and said city boundary to an angle point therein; being a point in the Northeasterly line of State Highway XI-SD-2-B as described in deed to the State of California, recorded August 29, 1961 as File No. 15325 of Official Records of said county; 2. thence along said Northeasterly line, South 30°56'02" East, 316.24 feet; 3. thence South 33°24'51" East, 489.31 feet along said North- easterly line to the South line of said Section 28, being an angle point in the boundary of the City of Carlsbad as established by their Ordinance No. 1187, adopted January 20, 1976, by said city; 4. thence along said Northeasterly line and city boundary, South 32°46'41" East, 561.91 feet; 5. thence continuing along said Northeasterly line and city boundary South 36°16'49" West, 353.55 feet; 6. thence continuing along said Northeasterly line, South 25°27'58" East to a point opposite Engineer's Station 1715+74.50 on the center line of said State Highway, said center line having a bearing of North 28°09' West; 7. thence leaving said Northeasterly line, South 61°51' West to said Engineer's Station 1715+74.50 on said center line; 8. thence continuing South 61°51' West to a point on the South- westerly line of said State Highway opposite said Engineer's Station; Approved by the Local Agency Formatton Commission of San Diego JAN 101983 EXHIBIT "A" v -^1857 ^ -. R082-21 9. thence leaving said Southwesterly line, South 51°43'04" West, 649.80 feet to a point in the West line of said Lot 15; 10. thence North 89°17'46" West to the Easterly line of the 200.00 foot right of way of the Atchison, Topeka and Santa Fe Railway Company (coast line); 11. thence Northwesterly along said Easterly line to the point of beginning. iw:na LAFCO 12/10/82 EXHIBIT "A" Page 2 of 2 7 1858 101983 DATE: IT.R.A. PAGE: DRAWN BY: MAPPING DIVISION SAN DIEGO COUNTY ASSESSOR'S OFFICE c/ry LAFCO: AREA; THOMAS BROS:/3-C.S c • « w/ V-1859 O STATE OF CALIFORNIA, ) COUNTY OF^SAN DIEGO ) ss. MjETHA/L. RMJTENKRANZI ....... / , 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 ?fisPlutlQn #7131 pass(.(l aml adopted by said City Council, at .....*?•.. j-^S!~*y. ........ ..... meeting thereof, at the time and by the vote therein stated, which original ^lUiari ............ js ,)()w ()n fj](1 ,-„ ||)v 0ffjcl.. f|ulf t|H, san)e contains a full, true and c-orrec't traiisiript therefrom and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this 9th day of F®bru^cY/ 1983 ................... SKA1,! City Clerk 1 2 3 4 5 6 7 e 9 1c I1 12 12 14 1: 1E 1'; 1E 1: 2c 21 2: 22 24 2: 2e 2'; 2E RESOLUTION NO. 7131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAC, CALIFORNIA, APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBEI? ANC DESIGNATED AS THE SEABLLJFF REORGANIZATION 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 reorganization of territory hereinafter indentified and described as Seabluff Reorganization to the City of Carlsbad, County of San Diego, State of California, was filed with the Local Agency Formation Commission Reference No. I?A 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 10th day of January, 1983, approving the application for annexation of the territory hereinafter described by metes and bounds; and WEREAS, 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 35151: and WHEREAS, a written petition containing the required signatures and a description of the uninhabited territory hereinafter described has been presented to the Local Agency Formation Commission requesting reorganization under the Municipal Organization Act of 1977; and the Cistrict Reorganization Act of 1965; and 1 2 3 4 5 6 7 8 9 1c 11 12 12 14 1: 1t 1'; 1t 1: 2( 2: 2; 2: 21 21 2( 2' 2r 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 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 bq 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 reorganization is hereby designated and shall hereafter be known as the Seabluff Reorganization. 6. That upon completion of said reorganzation all of the property included therein shall be taxed accordingly with the //// ///I 4 5 10 l2 l3 14 16 the City Council on the 1st day of Febm , 1983, 18 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 reorganization 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 Seabluff Reorganzation and more particularly described on Exhibit "A" attached hereto and made a part hereof. PASSED, APPROVEC AND AEOPTED at a regular meeting by the following vote, to wit: 19 II 25 26 20 21 I I ATTEST: 22 23 24 AYES: NOES : None Council Membe;rs Casler, Lewis, Kulchin, Chick and Prescott 'Lwkl eA MARY Hz CASLER, Mayor 27 28 R082-21 "SEABLUFF REORGANIZATION" (City of Carlsbad) Legal Description All that portion of the South Quarter of the Southwest Quarter GI Sectian 28, and that portion of the North half of the Northwest Quarter and of Lots 1,4, 5,6,13,14, and 15 of Section 33, Township 12 South, Range 4 West, San Bernardino Base and Meridian, ir, the County of San Diego, State of California, according to United States Government Survey, approved Kay 3, 1883, lying within the following described boundaries: Beginning at the intersection of the Northerly line of the South Quarter of the boiit%lwest Quarter of said Section 28 with the Easterly line of that certain parcel of land conveyed to the Atchinson, Topeka and Santa Fe Railway Company, by Deed recorded March 30, 1946 in Book 2059, Page 466 of Official Records, of said county, being an angle point in the boufidary of the City of Carlsbad as established by their Ordinance No. 1122, adopted July 21, 1970, by said City; 1. 2. 3. 4. 5. 6. 7. 8. thence South 89'57'53" East, 2384.70 feet along said Northerly line and said city boundary to an angle point therein; being a point in the Northeasterly line of State iIighway XI-SD-2-B as described in deed to the State of California, recorded August 29, 1961 as File No. 15325 of Official Records of said county; &La"--- LLLLL,~= along said Northeasterly line, South 30'56 '02" East, 316.24 feet; thence South 33'24'51" East, 489.31 feet along said North- easterly line to the South line of said Section 28, being an angle point in the boundary of the City of Carlskad as established by their Ordinance No. 1187, adopted January 20, 1976, by said city; thence along said Northeasterly line and city boundary, South 32'46'41" East, 561.91 feet; thence continuing along said Northeasterly line and city boundary South 36O16'49" Kest, 353.55 feet; thence continuing along said Northeasterly line, South 25'27'58" East to a point opposite Engineer's Station 1715+74.50 on the center line of said State Highway, said center line having a bearing of North 28'09' West; thence leaving said Northeasterly line, South 61"51' West to said Engineer's Station 1715+74.50 on said center line; thence continuing South 61'51' West to a point on the South- westerly line of said State Highway opposite said Engineer's Station; Approved by the Local Agency Formation Commission of San Diego EXH I BIT " A" Page 1 of 2 JAM 10 1983 &LQ.& RO82-21 9. thence leaving said Southwesterly line, South 51°43'04" West, 649.80 feet to a point in the West line of said Lot 15; 10. thence North 89OI.7'46" West to the Easterly line of the 200.00 foot right of way of the Atchison, Topeka and Santa Fe Railway Company (coast line) ; 11. thence Northwesterly along said Easterly line to the point of beginning. iw: na LAFCO 12/10/82 EXHIBIT "A" Page 2 of 2 JAN 1 0 1983