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HomeMy WebLinkAbout1983-11-01; City Council; Resolution 73872085'83^418480DCoiircTPOBY SAN DIEGO COUNTY , , ,^^-,,. RECORDING REQUESTSUOT LOCAL AGENCY FORMATION COMMISSION ["""* RECORDED IN*" RETURN TO LAFCO CERTIFICATE OF COMPLETION CrfiC',AL RECORDSg A216 - I Or SAN DIEGO COUNT Y.CA "Ivar Annexation" to the City of |f|83 f^Qy 17 PH I2: 0 1 Carlsbad NO FEE 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: City or District 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/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. jj). MAnas November 15, 1983 WILLIAM D. DAVIS Date Executive Officer (After recordation, return to LAFCO @ A216) 2086 (619) 236-BOI5 • 53(1 Local agency formation commission I6OO paclfk highway • san dlcgo, ca. 92KDI chairman Dr. Charles W. Hostler Public Member executive officer William D. Davis counsel Lloyd M. Harmon, Jr. members J.B. Bennett Councilman, City of Imperial Beach Paul Eckert County Board of Supervisors Paul W. Fordem County Board of Supervisors Marjorie Hersom Alpine Fire Protection District Stanley A. Mahr San Marcos County Water District Linda Oravec Mayor, City of Poway alternate members Alex L. Adams Greater Mountain Empire Resource Conservation District Mike Gotch Councilman, City of San Diego CERTIFICATE RE: TERMS AND CONDITIONS AND INDEBTEDNESS Subject: "Ivar Annexation" to the City of Carlsbad (CA83-5) 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 modified to conform to Exhibit "A" attached hereto. Will the affected property be taxed for any existing bonded indebtedness or contractual oblig If yes, specify. no igjaature M/3/& Date 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 2097 RESOLUTION NO.7387 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 IVAR ANNEXATION. WHEREAS, an application for approval of a proposal for the initiation of proceedings for the annexation of territory hereinafter indentified and described as the Ivar Annexation to the City of Carlsbad, County of San Diego, State of California, was filed with the Local Agency Formation Commission Reference No. CA 83-5; 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 3rd day of October 1983, 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 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 2088 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 Ivar 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 2089 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 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 Ivar Annexation and more particularly described on Exhibit "A" attached hereto and made a part hereof. PASSED, APPROVED AND ADOPTED at a regular meeting of 1982,the City Council on the 1st day of November by the following vote, to wit: AYES: Council Maribers Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: None MARY H. CASLER, Mayor ATTEST: AEETHA L. RAUTENKRANZ, City Cl*rk (SEAL) '. C O 2090 CA83-5 "Ivar Annexation" to the City of Carlsbad All that portion of Lots "B" and "F" of Rancho Agua Hedionda, in the County of San Diego, State of California, according to map thereof No. 823, filed in the County Recorder's office of San Diego County, November 16, 1896, lying within the following described boundaries: Beginning at point 23 of said Lot "F", as shown on said tlap No. 823; 1. Thence South 54°10'08" East (Record South 53°52' East), 807.00 feet along the northerly line of said Lot "F" to the most easterly corner of the land conveyed by Charles Kelly to Elmer Carpenter by Deed recorded June 1, . 1937 in Book 622, Page 755 of Deeds, records of said County; 2. Thence continuing South 54°10'08" East, 540.00 feet along said northerly line to the true point of beginning; 3. Thence at right angles to saidYnortherly line South 35°49'52" West, 2257.74 feet to the boundary of the land described under Parcel No. 1 in final judgement in partition recorded March 24, 1965 as Instrument No. 52516 of official records of said County; 4. Thence along said boundary, North 52°32'21" West, 478.72 feet; 5. Thence leaving said boundary at right angles North 37°27'39" East, 740.00 feet; 6.' Thence North 52^32'21" West, 294.32 feet; 7. Thence South 37°27'39" West, 321.90 feet; 8. Thence North 52032'21" West, 597.36 feet to an intersection with said boundary of Parcel No. 1, being a point on a non- tangent 600.00 foot radius curve concave southeasterly, a radial line bears North 67°36'49" West to said point; 9. Thence northeasterly, 209.70 feet along said curve and boundary through a central angle of 20°01'31"; 10. Thence North 42°24'42" East, 938.75 feet along said boundary to the southwesterly line of said Carpenter land; 11. Thence South 54°10'08" East, 722.86 feet, more or less, along said southwesterly line to the southeasterly line of said Carpenter land; 12. Thence North 35049'52" East along said southeasterly line and the northeasterly prolongation thereof to the north- easterly line of Road Survey No. 1800-1 (El Camino Real) map on file in the County Engineer's office of said County; EXHIBIT "A" Page 1 of 2 CA83-5 091 13. Thence southeasterly along said northeasterly line to a line which bears North 35°49'52" East from the true point of beginning; 14. Thence South 35°49'52" West to the true point of beginning. dh:na 9/29/83 j by the Lcca! Agency Formation Comrrrission of San Diogo OCT - 3 1983 Executive Officer of said Commission EXHIBIT "A" Page 2 of 2 **l~^^ I £r>o.*iuiL*if / v. fly i,aa lo^f82} ssrmrs It co I ,-CJ O PK^$?r/ /•®y_ *i1—•'.—Im?•„:.!': VJ»»'. V/C'NITY M/l/» sfo Jco/a MAPPING DIVISION SAN DIEGO COUNTY ASSESSOR'S OFFICE TO LAFCO: AREA: 8/L! THOMAS BROS:., o 2090 STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. . ALETHAL. RAOTENKRANZ .1 ...... / , City Clerk of the City or Carlsbad, County or San Diego, State of California, hereby certify that I have compared the foregoing copy with the original ^SPlUtlpn 7387 passed and adopted by said City Council, at ...^..^SCJUlair ........... 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, tin's ,4th. day of ...Novatlber, 1983... ................ (SKAU City Clerk I t 1 2 3 4 5 6 7 e 9 1c 11 1% 12 14 15 16 11 1E 13 2c 21 22 22 24 25 26 27 28 RESOLUTION NO. 7387 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 IVAR ANNEXATION. WHEREAS, an application for approval of a proposal for the initiation of proceedings for the annexation of territory hereinafter indentified and described as the Ivar Annexation to the City of Carlsbad, County of San Diego, State of California, was filed with the Local Agency Formation Commission Reference No. CA 83-5; 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 3rd day of October 1983, 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 .' 1 2 2 4 5 E 7 E 9 IC 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 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 Ivar 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 25 .. 11 1: 1; 1: 11 l! It 1: 1E 15 2c 21 22 23 24 25 26 27 28 0 0 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 Ivar Annexation and more particularly described on Exhibit "A" attached hereto and made a part hereof. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 1st day of Noven-kr , 1982, by the following vote, to wit: AYES: NOES : None ABSENT: Council MEsnbers Casler, LaJis, Kulchin, Chick and Prescott MARY H. FASLER, I Mayor ATTEST: ( SEAL ) CA83-5 "Ivar Annexation" to the City of Carlshad ~ll that portion of Lots "B" and "F" of Rancho Agua Hedionda, in the County of San Ciego, State of California, according to map thereof No. 823, filed in the County Recorder's office of San Diego County, November 16, 1896, lying within the following described boundaries: Beginning at point 23 of said Lot "F", as shown on said Hap No. 823; 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Thence South 54'10'08" East (Record South 53'52' East), 807.00 feet along the northerly line of said Lot 'IFt' to the most easterly corner of the land conveyed by Charles Kelly to Elmer Carpenter by Deed recorded June 1,.1937 in Book 622, Page 755 of Deeds, records of said County; Thence continuing South 54'10'08" East, 540.00 feet along said northerly line to the true point of beginning; Thence at right angles to said northerly line South 35'49'52" West, 2257.74 feet to the bounhary of the land described under Parcel No. 1 in final judgement in partition recorded March 24, 1965 as Instrument No. 52516 of official records of said County; i 5 Thence along said boundary, North 52'32'21" West, 478.72 feet; Thence leaving said boundary at right angles Xorth 37'27'39" East, 740.00 feet; Thence North 52''32'21" West, 294.32 feet; Thence South 37'27'39" West, 321.90 feet; Thence North 52'32'21" West, 597.36 feet to an intersection with said boundary of Parcel No. 1, being a point on a non- tangent 600.00 foot radius curve concave southeasterly, a radial line bears North 67'36'49'' West to said point; Thence northeasterly, 209.70 feet along said curve and boundary through a central angle of 20'01'31"; Thence North 42'24'42" East, 938.75 feet along said boundary to the southwesterly line of said Carpenter land; Thence South 54°10'08" East, 722.86 feet, more or less, along said southwesterly line to the southeasterly line of said Carpenter land: Thence North 35'49'52'' East along said southeasterly line and the northeasterly prolongation thereof to the north- easterly line of Road Survey No. 1800-1 (El Camino Real) map on file in the County Engineer's office of said County; EXHIBIT "A" Page 1 of 2 I* CA83-5 13. Thence southeasterly along said northeasterly line to a line which bears North 35'49'52" East from the true point of beginning; 14, Thence South 35'49'52" West to the true point of beginning. dh:na 9/29/83 \ 'i , EXHIBIT A" Page 2 of 2 ,- ^. *' 7