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HomeMy WebLinkAbout1984-11-13; City Council; Resolution 7811Ad-45O327Krm ,. W SAN DIEGO COUNTY W _ () 2108 ;;i, Cr;|;i ;i ; ! " !, LOCAL AGENCY FORMATION COMMISSION -nC:A'-j^vpy':^ \ CERTIFICATE OF COMPLETION S8!l DEC "3 Pi'. £ ' "Kellv Ranch Annexation" to the B Ctty of Carlsbad1 coin acCB%J I—-- R|CORD*NGREQUiSTEDBY No. CA84-3 __ Return to LAFCO § A216 NO FEfc Pursuant to Government Code Sections 35350, 54797.2, and 56450, this Certifi- cate is hereby issued. The name of each city and/or district involved in this change of organization/ 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 con- firming an order for this change of organization/reorganization after con- firmation 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. 1.6-C Date November 20, 1984 JAISP. MERRILL Executive Officer BESTCOPY 2109 -* (6I9) 236'2015 • san Local agency formation commission I6OO pacific highway • san dlego. ca. 92IOI chairman J.B. Bennett Councilman, City of Imperial Beach members Paul Eckert County Board of Supervisors Paul W. Fordem County Board of Supervisors Mike Gotch Councilman. City of San Diego Marjorie Hersom Alpine Fire Protection District Or. Charles W. Hostler Public Member 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 Uvaldo Martinez Councilman, City of San Diego executive officer Jane P. Merrill counsel Lloyd M. Harmon, Jr. CERTIFICATE RE: Subject: TERMS AND CONDITIONS AND INDEBTEDNESS "Kelly Ranch Annexation" to the City of Carlsbad (CA84-3) 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 If yes, specify. obligat •W 2110 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.7811 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 RANCH ANNEXATION. WHEREAS, an application for approval of a proposal for the Initiation of proceedings for the annexation of territory hereinafter identified and described as Kelly Ranch Annexation to the City of Carlsbad, County of San Diego, State of California, was filed with the Local Agency Formation Commission Reference No. CA 84-3; 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 October, 1984, approving the application for annexation of the territory described by metes and bounds on Exhibit "A", attached hereto, to the City of Carlsbad; and WHEREAS, said resolution provided that the 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 Local Agency Formation Commission requesting annexation under the Municipal Organization Act of 1977; and 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 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 on file with the Local Agency Formation Commission contains a description of certain uninhabited territory sought to be included and annexed to the City of Carlsbad and that said petition has been signed, or consent to the proposed annexation filed, by 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. 3. 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. • ^. 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 time of the aforesaid proprosed annexation of said described property. 5. 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. 6. 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 Ranch Annexation and more particularly described on Exhibit "A" attached hereto and made a part hereof. 2112 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 13th day of November , 1984, by the following vote, to wit: AYES: Council Menibers Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: None ^^H. // &> f^x MARY H.//CASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Cl£rk (SEAL) 2113 CA84-3 "Kelly Ranch Annexation" (City of Carlsbad) All that portion of Lot "I" 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 DJ ego County, November 16, 1896, lying within the following described boundaries: Beginning at the intersection with the line between Point No. 6 and Point No. 17 of said Lot I with the southerly line of Road Survey No. 682 (El Camino Real), described in easement deed to the County of San Diego in Book 531, Page 230 of Official Records of said County; 1. Thence southwesterly 2050.00 feet, more or less, along said line between Points 6 and 17, of said Lot I, to a point in the southerly line of that certain strip of land, 20.00 feet in width, as described in "Easement Number Two" to the City of Carlsbad, recorded May 10, 1965, as Document No. 83317 of Official Records,and the true point of beginning; 2. Thence North 68°27'40" East along said last mentioned southerly line and its northeasterly prolongation to an intersection with the centerline of said 20.00 foot strip of land, described in said abovementioned Deed as having a bearing of South 43°47'06" East and a distance of 280.00 feet; 3. Thence southeasterly from said point of intersection along a straight line to themost westerly corner of that certain parcel of land described in Deed to J. Blair Pace, et ux, recorded December 24, 1958, as File No. 216747 of Official Records of said County; 4. Thence along the boundary line of said Pace's land, South 44°27'10" East 240.04 feet to an angle point therein; 5. Thence continuing along said boundary line, North 84°42"10"East 409.. 59 feet to an angle point therein; 6. Thence continuing along said boundary, North 25°29'30" East to a point distant thereon South 25°29'30" West, 290.00 feet from the southwesterly line of said Road Survey No. 682; 7. Thence leaving said boundary, South 66°36'08" East to the easterly line of said Lot "I"; 8. Thence South 2°29'40" East (Record - South 2°26'50" East) along said easterly line to an angle point therein, said point being Point No. 1 of said Lot "I"; 9. Thence continuing along said easterly line, South 82°42'40" East, 341.92 feet to an angle point therein, said point being Point No. 19 of said Lot "I"; 10. Thence continuing along said easterly line South 0°17'50" East, 2652.09 feet (Deed - 2640.00 feet) to Point No. 18 of said Lot "I"; EXHIBIT "A" Page 1 of 2 \ w CA84-3 11. Thence North 87°36'50" West, 5562.59 feet (Deed - 5280.00 feet) along the southerly line of said Lot "I" to Point No. 17 of said Lot;" 12. Thence northeasterly along the line between Point No. 6 and 17 to the true point of beginning. sc: iw October 19, 1984 LAFCO Approvtd by the Local Agency Formation->v commission of San Diego EXHIBIT "A" Page 2 of 2 TUB" O O II IILOT I Approved by the Local AC ency" Formation Commission of San Diego OCT- 11984 . 0 X ComnMMlon MAP 823 -RHO AGUA HEDIONDA-POR LOT I DATE:7-12-84 SCALE:NO SCALE T.R.A.PAGE: 66_B ORAWNBY:J. KARPINSKI MAPPING DIVISION SAN DIEGO COUNTY ASSESSOR'S OFFICE 'KELLY RANCH ANNEXATION TO THE CITY OF CARLSBAD. LAFCO: AREA: 336.35 B/L: 208-020 THOMAS BROS:5C&06C4D 2116 STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. . KAREN R. KUNDTZ, Deputy , . ... .... .1 /. ,T-ity Clerk or the City or Carlsbad, Comity or San Die-go, State of (.alitoniia, hereby certify that I have compared the foregoing copy with the original R6SOlution#781]— passed and adopted by said City Council, at ...a..regular. meeting thereof, at the time and by the vote therein stated, which original JResplutlpn js now ()n fi]e jn 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 .14thday of Ifovember, 1984 SKAl.: I RESOLUTION NO, 7811 A RES LUTION OF THE CITY COUNCIL OF THE CITY OF OF CE TAIN UNINHABITED TERRITORY HEREINAFTER CARLS 4s AD, CALIFORNIA, APPROVING THE ANNEXATION DESCR $ BED AND DESIGNATED AS THE KELLY RANCH ANNEX~TION. WHEREAS, 4n application for approval of a proposal for the initiation of jroceedings for the annexation of territory hereinafter id ntified and described as Kelly Ranch Annexation to the City of ICarlsbad, County of San Diego, State of California, was filed with the Local Agency Formation Commission Reference No. I A 84-3; and i t WHEREAS, 1 resolution of the said Local Agency Formation Commission, after a hearing held in the manner required by law, was duly passe and adopted on the 1st day of October, 1984, approving the gpplication for annexation of the territory P described by mktes and bounds on Exhibit "A", attached hereto, to the City of Ca,lsbad; 4 and WHEREAS, said resolution provided that the annexation was approved withoht notice and hearing and further provided that the City Council ok the City of Carlsbad was authorized to annex said territory withbut notice and hearing by said Council and without I an election as1 provided in California Government Code Section 35151; and I WHEREAS, ~a written petition containing the required signatures and1 a description of the uninhabited territory hereinafter deiscribed has been presented to the Local Agency Formation Commlission requesting annexation under the Municipal Organization Aict of 1977; and I ~ , 1 I I ~ 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 WHEREAS, has been filed to be annexed; NOW, THERI City of Carlsb 1. That 2. That Formation Comm uninhabited te City of Carlsb< consent to the land in the te protests may bl property in thl 3. That uninhabited te Government Cod( 4. That property inclul other property indebtedness a, Carlsbad contr< time of the afl property. 5. That of this resolu uninhabited te Organization Ac 6. That of Carlsbad of of San Diego, Ranch Annexatic attached heretc // // // // // I/ aid petition has been signed or consent thereto by the owners of all of the land in the territory FORE, BE IT RESOLVED by the City Council of the d, California, as follows: he above recitations are true and correct. aid petition on file with the Local Agency ssion contains a description of certain ritory sought to be included and annexed to the d and that said petition has been signed, or proposed annexation filed, by owners of all of the ritory proposed to be annexed, and therefore, no filed against the petition by persons owning territory. he territory proposed to be annexed to the City is ritory as defined by Section 35038 of the and is contiguous to the boundaries of the City. pon completion of said annexation all of the sd therein shall be taxed accordingly with the within the City of Carlsbad to pay the bonded zted prior to, or existing or outstanding at the resaid proprosed annexation of said described any and all general indebtedness of the City of 11 requirements of law necessary to the adoption ion approving the annexation of certain ritory pursuant to the provisions of the Municipal t of 1977 have been complied with. t does hereby approve the annexation to the City that certain real property located in the County tate of California, designated as the Kelly I and more particularly described on Exhibit "A" and made a part hereof. 4 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 01 PASSED, A PROVED AND ADOPTED at a regular meeting of the 1 the City of Carlsbad on the 13th day of November , 1984, by the following vote, to wit: Members Casler, Lewis, Kulchin, Chick and Prescott NOES: +ne .d &e MARY H.ICASLER, Mayor ATTEST: (SEAL) CA84-3 "Kelly Ranch Adnexation" (City of Carlsbad) All that portion of "I" of Rancho Agua Hedionda, in the County of San Diego, State California, according to Map thereof No. 823, filed in the County Office of San Djego County, November 16, 1896, lying within described boundaries: Beginning at the inte section with the 1i:ne between Point No. 6 and Point No. 17 of said qot I with the southerly line of Road Survey No. 682 (El Camino Reall), described in easement deed to the County of San Diego in Book 531,~ Page 230 of Official Records of said County: r 1. Thence southwester3y 2050.00 feet, more or less, along said line between Points 6 aGd 17, of said Lot I, to a point in the southerly line of that certain strip of land, 20.00 feet in width, as described in "Easement Numbed Two" to the City of Carlsbad, recorded May 10, 1965, as Document No. 83317 of Official Records,and the true point of beginning; I 2. Thence North 68O27"40" East along said last mentioned southerly line and its northeaste?ly prolongation to an intersection with the centerline of said 20.00 foot strip of land, described in said abovementioned Deed as having a bearing of South 43O47'06" East and a distance of 280.00 feet; 3. Thence southeasterdy from said point of intersection along a straight- line to themost wedterly corner of that certain parcel of land described in Deed 90 J. Blair Pace, et ux, recorded Eecember 24, 1958, as File No. 216747 of Official Records of said County; 4. Thence along the bdundary line of said Pace's land, South 44O27'10" East 240.04 feet td an angle point therein; 5. Thence continuing long said boundary line, Korth 84O42'10" East 409..59 feet to an 4 ngle point therein; 6. Thence continuing along said boundary, North 25"29'3@" East to a point distant therdon South 25O29'30" b7est, 290.00 feet from the southwesterly line~of said Road Survey No. 682; 7. Thence leaving said boundary, South 66O36'08" East to the easterly line of said L80t "I"; 8. Thence South 2"29'4O" East (Record - South 2O26'50" East) along said easterly line to a? angle point therein, said point being Point No. 1 i of said Lot "I"; , 9. Thence continuing along said easterly line, South 82O42'40" East, 341.92 feet to an angle point therein, said point being Point No. 19 of said Lot rlrfv; I 10. Thence continuing +long said easterly line South OO17'50" East, 2652.09 feet deed^- 2640.00 feet) to Point No. 18 of said Lot "I"; I EX 1-I I E I T I' A I Page 1 of 2 CA84-3 11. Thence North. 87'36'i along the southerly Lot; 12. Thence northeasterl: to the true point o sc: iw October 19, 1984 LAFCO 0" West, 5562.59 feet (Deed - 5280.00 feet) lipe of said Lot "I" to Point No. 17 of said along th.e line between Point No. 6 and 17 beginning. i ~ Approved by the Local Agency Formation , --, Commission of San Diego I EXHIBIT "A" ~ Page 2 of 2 4 MAP 82 X.A. PAGE: - jRAWN "'J. KARPINSKI " 1 LOT " I" P" J . \\ xswtiGOttl~r ot &a Co"- 3 - RHO AGUA HEDIONDA-POR LOT I LAFCO: MAPPlNG DIVISION I CA84-3 ZGO COUNTY ASSESSOR'S OFFICE AREA: 72c: 2c; 208-020 7 ELLY RANCH ANNEXATION" B/L : I THOMAS 6ROS: 14 5~6 D t 6C&D ro THE CITY OF CARLSBAD. Minute Item: 2 1 Ref. No.: CA84-31 OF THE SAN DIEGO LOCAL AGENCY APPROVING A PROPOSED CITY OF CARLSBAD 1 "Kelly Ranch Annexation" On motion of bommissioner Hersom, seconded by Commissioner Gotch, the followinQ resolution is adopted: WHEREAS, a p tition was submitted to this Commission for annexation of terri,tory e to the City of Carlsbad, which petition was certified sufijicient by the Executive Officer on September 20, 1984; and WHEREAS, the t4rritory proposed for annexation is as described in the application Ion file with the Local Agency Formation Com- mission; and WHEREAS, all owners of land have consented in writing to the annexation; and WHEREAS, the Executive Officer of the Commission has filed her report on said ~ annexation, which report was received and considered by the Cbmmission; NOW THEREFORE,; BE IT RESOLVED, that this Commission hereby finds, determines, and orders as follows: (1) The Commission adopts, pursuant to Section 15091 of the State CEQA Guidelines, the mitigation measures included in the resolution~of approval of the City of Carlsbad for the impacts identified,~ and certifies that the mitigation is within the jurisdiction of: the City and not LAFCO because the affected resources and services will be within the city limits upon annexation. (2) The Commission certifies, pursuant to Government Code Section 54774.3, qhat this proposal would have no effect on any agricultural pr~eserves as defined in Government Code Section 5120l(a); however, the annexation area contains prime agricultural land because it mdets the criteria pursuant to Government Code Section35046. would not significantly impact agricultural resources in the County. Theqommission finds that approval of this annexation- (3) The Commission hereby approves the annexation with modified boundaries1 as described in Exhibit "A" attached hereto. (4) The boundhries of the territory as described in Exhibit "A" are definite an$ certain. (5) The bounddries of the territory do conform to lines of assessment and ownership. (6) The territdry includes 336.35 acres and is uninhabited. (7) The territolry proposed to be annexed is hereby designated the "Kelly Ranch Annexation" to the City of Carlsbad. (8) The Commisbion hereby designates the City of Carlsbad as the conducting aiuthority and authorizes the City Council to initiate proceedinlgs in compliance with this resolution without notice and hearing. I (9) The ExecuGive Officer of this Commission is directed to file and mail certified copies of this resolution as required by law. I I -2- Passed an5 adopt& by t Courty of San Dreqo thi the frJllowing vote: AYES: Co Or NOES: No AESCXT: No AF?,STF,IXING : No e Local Agency Fomation ConnissioE of the 1st Zay of October - , 1?84 , by missioners Eckert,.,Fordem, Bennett, Gotch, vec, fiersom, Mahr, and Hostler e e e I, J>-?dE 2, NERRILL, Exequtive Officer of the Local Agency Formation Com- mission of tl;e County 04 San Diego, State of California, hereby certify thzt I have cocipared the foregcinq copy with tke cricirzl re.=3lc:tlc-. I I I I I .- adoptztd by sciic: Commission , which original "2t saxe CoKtarns a full, at its regular meeting on October 1, 1984- resolutiod'is ROW on file in r.ly office; a2d. ., true, ar.d correct transcript ti?ere€rom ana .. of the whole thereof. .. .- . day of October , 19. 84 . ..