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HomeMy WebLinkAbout1984-11-13; City Council; Resolution 781384-460386 Q SAN DIEGO COUNTY O '•*' 2098 j f.' 1 t U PJ ^ BOCAL AGENCY FORMATION COMMISSION 4' ft iS'"' ~ •"' 'H ' V','.«. I CERTIFICATE OF COMPLETION^ P W /• T I I, •* * ~*lt I ' \ T--T-1J—-• - TL - _ ._" -H.- l_ . _ .- DEC -3 PH 2 2^QI Hara Annexation" to the _C_puNi Y KLCGi^ER j:itY of Carlsbad RECORDINGREQUESTEdBY :.. No. CA84-1 Return to LAFCO @ A216 NO FEE 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. Date November 20. 1984 IE P. MERRILL cecutive Officer 2099 - (619) 236-2OI5 • san diego Local agency formation commission I6OO pacific highway • san diego. ca. 9SIOI chairman J.B. Bennett Councilman. City of Imperial Beach members Paul Eckert County Board o' Supervisors Paul W. Fordem County boara of Supervisors Mike Gotch Councilman City n' San Dieao Margorie Hersom Alpine hire Protection District Dr. Charles W. Hostler PUD!ic Member Stanley A. Mahr San Marcos County Water District Linda Oravec Mayor, Citv of Powav 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:TERMS AND CONDITIONS AND INDEBTEDNESS Subject: "O'Hara Annexation" to the City of Carlsbad (CA84-1) 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. Ci (Name) o /(Title) o hereby certify that the terms and conditions listed elow 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 -; To^oVrr-aHnacc: riT- r-nnt- r-3 f-r-na 1 nhl i nat \ on ? Vf*<z ^^ M/-\indebtedness or contractual obligatio/ If yes, specify. Yes No iDatte 2100 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. 7813 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 O'HARA ANNEXATION. WHEREAS, an application for approval of a proposal for the initiation of proceedings for the annexation of territory hereinafter identified and described as O'Hara Annexation to the City of Carlsbad, County of San Diego, State of California, was filed with the Local Agency Formation Commission Reference No. CA 84-1; 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 September, 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 2101 WHEREAS, said petition has been signed or consent thereto * has been filed by the owners of all of the land in the territory t.^ to be annexed; 4 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. 7 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 -0 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.• ~. 4-. 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 ,q uninhabited territory pursuant to the provisions of the Municipal Organization Act of 1977 have been complied with. 20 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 O'Hara Annexation and more particularly described on Exhibit "A" attached hereto and made a part hereof. 23 „ 24 „ 25 „ 26 „ 27 „ 28 // 2102 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 Members Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: None MARY H.^CASLER, Mayor ATTEST: ALETHA L. RAOTENKRANZ, City (SEAL) x^ "•*" 2103 CA84-1 "O'Hara 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 the northwest corner of said Lot "B" as shown on Record of Survey Map No. 517, filed in the County Recorder's Office of said County, October 23, 1935; 1. Thence along the west line of said Lot."B", South 0°06' East, 1093.50 feet; 2. Thence South 87°45' East, 1133.00 feet to the most easterly corner . of that certain parcel of land delineated and designated as "39.00 acres" on said Record of Survey Map No. 517; 3. Thence along the easterly line of said land, being also the northerly prolongation of the westerly line of the land described in deed to Edward C. Yourell, et al, recorded July 14, 1957, in Book 5621, Page 367, of Official Records, South 13°05' West (Record - South 13°12' West) 550.00 feet to Point "A"; 4. Thence continuing along said lines, South 13°05' West, 760.30 feet to Point "B"; 5. Thence continuing South 13°05' West, 805.00 feet to a point on the southwesterly line of said Lot "B", being the most southerly corner of said parcel of land as shown on said Record of Survey Map No. 517, being also the most southerly corner of land described in deed to Carroll R. Kelly, et ux, recorded December 12, 1957, in Book 6857, Page 338 of Official Records, of said County; 6. Thence along the southwesterly line of said Kelly's land, North 54°40' West, 129.55 feet to the beginning .of a line designated Line "A"; 7. Thence along said Line "A" the following courses: A. North 13°05' East, 666.19 feet to the beginning of a tangent 120.00 foot radius curve, concave southeasterly; B. Northeasterly 188.50 feet along the arc of said curve through a central angle of 90°00'00" to the easterly line of said "39.00 acre" parcel: 8. Thence South 13°05' West along said easterly line to a point distant thereon, South 13°05' West, 1312.20 feet from the.most easterly corner thereof, being also the southeasterly corner of land described in deed to Richard Carroll Kelly recorded December 26, 1962, as file Mo. 219750, records of said County, said point being the true point of beginning; EXHIBIT "A" Page 1 of 3 --N N»» *"-'-V/ V' > CA84-1 9. Thence along the boundary of said Kelly's land as follows: A. North 76°46'39" West, 104.48 feet; B. North 20°01'43" East to said Line "A"; 10. Thence generally southwesterly along said Line "A" and the south- westerly prolongation thereof to an intersection with the south- westerly line of Road Survey No. 1800-1 (El Camino Real) map on file in the County Engineer's Office of said County; 11. Thence southeasterly along said southwesterly line to an intersection with a line which bears South 35°49'52" West from a point in the northerly line of said Lot "F" distant thereon, South 54°10'08" East (Record - South 53°52' East) 807.00 feet from point 23 of said Lot "F", as shown on said Map No. 823, said line being the southeasterly line 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, being also a point in the boundary of the City of Carlsbad, as established by their Resolution No. 7387, adopted November 1, 1982, by said city; 12. Thence North 35°49'52" East along said southeasterly line and the northeasterly prolongation thereof to the northeasterly line of said Road Survey No. 1800-1 (El Camino Real), being an angle point in said City Boundary; 13. Thence southeasterly along said northeasterly line and city boundary to a line which bears North 35°49'52" East from a point in the northerly line of said Lot "F" distant thereon, South 54°10'08" East (Record - South 53°52' East) 1347.00 feet from Point 23 of said Lot "F", being an angle point in said city boundary; 14. Thence at right angles to said northerly line South 35°49'52" West along said city boundary to a point on the southerly line of Road Survey No. 682 (El Camino Real) map on file in the County Engineer's office of said county, said point being an angle point in the boundary of the City of Carlsbad,- as established by their Ordinance No. 1101 adopted March 7, 1967, by said City; 15. Thence generally easterly along said southerly line to the intersection with the southwesterly line of said Road Survey No. 1800-1; 16. Thence southeasterly along said southwesterly line to an intersection with a line which is parallel with and distant 100.00 feet north- westerly, at right angles from the southwesterly prolongation of the northwesterly line of Record of Survey No. 4223, filed in the County Recorder's Office of said county, March 15, 1957;' 17. Thence North 20°31'30" East along said parallel line to the inter- section with the northwesterly prolongation of the northeasterly line of said Record of Survey Mo. 4223; 18. Thence South 40°28'30" East along said northwesterly prolongation and northeasterly line to the northeasterly corner of said Record of Survey No. 4223, being also a point in the boundary of the City of EXHIBIT "A" Page 2 of 3 n '•• C O ^{ 2105. • Sn»" Sa* Carlsbad, as established by their Ordinance No. 1077, adopted July 17, 1962, by said City; 19. Thence North 20°31'30" East along said city boundary to an angle point therein; 20. Thence continuing along said city boundary the following courses: A. North 89°57' East 324.00 feet; B. North 20°31'30" East 672.23 feet; C. South 89°57' West 324.00 feet; D. North 20°31'30" East 390-00 feet to. an angle point in said City Boundary; 21. Thence leaving said City Boundary North 20°31'30" East to an intersect- ion with a line which bears South 81°53' East from Point "A", said point of intersection being the northeasterly corner of land described in deed to Martha Anna Pillsbury, by File Page No. 107649, recorded on June 16, 1965, in official records of said county; 22. Thence along said line North 81°53" West, 1195.0Qfeet; 23. Thence leaving said line South 9°35' West, 1003 . 3Qf set; 24. Thence North 65°47'54" West, 647.45 feet (Record - North 65°45' West, 646.00 feet) ; 25. Thence North 78°19'33" West, 368.64 feet (Record - North 78°32' West, 369.00 feet) ; 26. Thence South 22°43'29" West, 219.13 feet (Record - South 22°37' West); 27. Thence North 67°31'43" West, 516.23 feet to a point in the arc of a non-tangent 40.00 foot radius curve, concave westerly, a radial line bears South 37° 22 '51" East to said point; 28. Thence northerly, 47.78 feet along said curve through a central angle of 68°26'44"; 29. Thence leaving said curve, North 25°35' East, 14.54 feet; 30. Thence North 64°25' West, 280.00 feet; 31. Thence North 76°55' West, 445.00 feet to Point "B"; 32. Thence South 13°05' West to the true point of beginning. EXHIBIT "A" Approved by the Local Agency Formation •^ Commission of San Diego SER101984 i»cutiv« Officer ot uM ConunlMion '( RHO. AGUA HEDIONDA MAP 823 POR.F EL ^^^CAMINO o-7-5-** SCALE: DRAWN MAPPING DIVISION SAN DIEGO COUNTY ASSESSOR'S OFFICE LAFCO: AREA:X/3./5 AC B/L 269-060 THOMAS BROS: 2107 STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. KAREN R. KUNDTZ, Deputy I. / , City Clerk of the City of Carlsbad, (Bounty of San Diego, Staff of California, hereby certify that I have compared the foregoing copy with the original ReSOlutiOH#7813 passed and adopted by said City Council, at a regular meeting thereof, at the time and by the vote therein statc'd, 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 14thlay of .....NOfVetriber/...19.8.4. SKA I,! 1 2 3 4 5 6 7 a 9 10 11 12 1Z 14 15 1E 17 1E 1C 2c 21 2; 21 2.1 2f 2( 2'; 2E A RES0 CARLSH OF CER DESCRI ANNEXA WHEREAS, a initiation of F hereinafter ide City of Carlsba filed with the 84-1; and WHEREAS, z Commission , aft was duly passec approving the i described by me the City of Cai WHEREAS, : approved withor City Council 01 territory withc an election as 35151; and WHEREAS, signatures and hereinafter de: Formation Comm. Organization Ac RESOLUTION NO. 7813 UTION OF THE CITY COUNCIL OF THE CITY OF D, CALIFORNIA, APPROVING THE ANNEXATION AIN UNINHABITED TERRITORY HEREINAFTER NED AND DESIGNATED AS THE O'HARA application for approval of a proposal for the oceedings for the annexation of territory ,tified and described as O'Hara Annexation to the County of San Diego, State of California, was oca1 Agency Formation Commission Reference No. CA resolution of the said Local Agency Formation !r a hearing held in the manner required by law, and adopted on the 10th day of September, 1984, iplication for annexation of the territory ;es and bounds on Exhibit "Af1, attached hereto, to .sbad; and lid resolution provided that the annexation was ; notice and hearing and further provided that the the City of Carlsbad was authorized to annex said It notice and hearing by said Council and without irovided in California Government Code Section written petition containing the required 3 description of the uninhabited territory :ribed has been presented to the Local Agency ssion requesting annexation under the Municipal t of 1977; and 1 2 3 4 5 6 7 E s ZC 11 12 1: 14 1: 1( 1: 1t 1: 2( 2: 2: 2: 21 21 2( 2' 2( WHEREAS, has been filed to be annexed; NOW, THER City of Carlsb 1. That 2. That Formation Comm uninhabited te City of Carlsb consent to the land in the te protests may b property in th 3. That uninhabited te Government Cod 4. That property inclu other property indebtedness a Carlsbad contr time of the af property. 5. That of this resolu uninhabited te Organization A 6. That of Carlsbad of of San Diego, Annexation and attached heret // ff // 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 ed therein shall be taxed accordingly with the within the City of Carlsbad to pay the bonded d any and all general indebtedness of the City of cted prior to, or existing or outstanding at the resaid proprosed annexation of said described 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 Itate of California, designated as the O'Hara more particularly described on Exhibit "A" and made a part hereof. P 2 3 4 5 E 7 E s 1c 11 12 12 14 If 1f 1: 1E 1s 2( 2: 2: 2: 2L 2! 2t 2': 2l PROVED AND ADOPTED at a regular meeting of the the City of Carlsbad on the 13th day of Novexber 1984, by the following vote, to wit: cil m-dxrs Casler, -is, Kulchin, Chick and Prescott ABSENT: ATTEST: - MARY H.gCASLER,- Mayor (SEAL) ' . CA84-1 "O'I-Iara to the City of Carlsbad All that and "F" of Rancho Aqua Hedionda, in the California, according to map thereof Recorder's Office of San Diego County, the following described boundaries: Beginning at the northwest corner of said Lot "B" as shown on Record of Survey Flap No. 517, filed in the County Recorder's Office of said County, October 23, 19315; 1. Thence along the wesit line of said Lot."B", South 0'06' East, 1093.50 feet; i 2. Thence South 87'45' lEast, 1133.00 feet to the most easterly corner of that certain par el of land delineated and desicjnated as "39.00 acres" on said Reco d of Survey Map No. 517; 3. Thence along the easterly line of said land, being also the northerly prolongation of the -esterly line of the land described in deed to Page 367, of Offici South 13'05' Nest (Record - South 13'12' Nest) 550.00 Edward C. Yourell, , recorded July 14, 1957, in Book 5621, L 4. Thence continuing along said lines, South 13"05' Kest, 760.30 feet to Point "B" ; I 5. Thence continuing Sduth 13"0>' F:est, 805.00 feet to a point on the southwesterly line df said Lot "B", being the nost southerly corner of said parcel of l4nd as shown on said Record of Survey Map No. 517, being also the mostlsoutherly corner of land described in deed to Carroll l?. Kelly, Page 338 of Official, Records, of said County; ux, recorded December 12, 1957, in Book 6857, 't 6. Thence along the sodthwesterly line of said Kelly's land, North 54'40' West, 129.55 lfeet to the beginning of a line designated Line "A"; I I 7. Thence along said Ljne "A" the following courses: A. North 13'05' Eas$, 666.19 feet to the beginning of a tangent R. Northeasterly 1881.50 feet along the arc of said curve through 120.00 foot radi{s curve, concave southeasterly; .. I a central angle c?f 90"OO'OO" to the easterly line of said "39.00 acre" parcel: 8. Thence South 13'05' pest along said easterly line to a point distant thereon, South 13'05;' West, 1312.20 feet froin the*most easterly corner thereof, beirig also the southeasterly corner of hnd described in deed to Richard aarroll Kelly recor<e< December 26, 1962, as file No. 219750, re4ords of said County, siiicl point being the true point of beginning; 1 EXHIBIT "A" Page 1 of 3 Q 9. Thence along the bodndary of said Kelly's land as follows: I A. North 76'46'39'1 West, 104.48 feet; B. North 20O01'43'1 East to said Line "A"; 10. Thence generally sodthwesterly along said Line "A" and the south- westerly prolongation thereof to an intersection with the south- westerly line of Ro+d Survey No. 1800-1 (El Camino Real) map on file in the County engineer's Office oc said County; 11. Thence southeasterlj along said southwesterly line to an intersection with a line which bqars South 35'49'52" West from a point in the northerly line of said Lot 'IF" distant thereon, South 54O10'08" East (Record - South 53'52' East) 807.00 feet from point 23 of said Lot "F", as shown on said Ma No. 823, said line being the southeasterly line recorded June 1, 19j7, in Book 622, Page 755 of Deeds, records of said County, being also a point in the boundary of the City of Carlsbad, as establ-lshed by their Resolution No. 7387, adopted November 1, 1982, by said city.; of the land conveye dp by Charles Kelly to Elmer Carpenter by Deed 7 12. Thence North 35'49'42'' East along said southeasterly line and the northeasterly prolongation thereof to the northeasterly line of said Road Survey No. 180Q-1 (El Camino Real), being an angle point in said City Boundary; i 13. Thence southeasterli along said northeasterly line and city bounsary to a line which bears North 35O49'52" East from a point in the northerly line of said Lot 'IF" distant thereon, South 54'10'08" East (Record - South 53'52' East) 1347.00 feet from Point 23 of said Lot "F", being an adgle point in said city boundary; 14. Thence at right angles to said northerly line South 35'49'52" West along said city bou dary to a point on the southerly line of Road Survey No. 682 (El ?amino Real) map on file in the County Engineer's office of said counyy, said point being an angle point in the boundary of the City of Carlsbad; as established by their Ordinance No. 1101 adopted Mqch 7, 1967, by said City; 15. Thence generally easterly along said southerly line to the intersection 16. Ther.co southeasterLi along said southwesterly line to 'an intersection with the southwestedly line of said Road Survey No. 1800-1; with a line which is parallel with and distant 100.00 feet north- westerly, at right angles from the southwesterly prolongation of the northwesterly ldne of Record of Survey No. 4223, filed in the County Recorder's Cffice o$ said county, March 15, 1957;' - -- I 17. Thence North 20"31'30" East along said parallel line to the inter- section with the nodthwesterfy prolongation of the northeasterly line of said iiecord~of Survey No. 4223; 18. Thence South 40O28'30" East along said! northwesterly prolongation and northeasterly line iio the northeasterly corner of said. Record of Survey No. 4223, being also a point in the boundary of the City of EXHIBIT "A" Page 2 of 3 I Carlsbad, as establ shed by their Ordinance No. 1077, adopted July 17, 1962, by sgid City; -i 19. Thence North 20'31'30" East along said city boundary to an angle point therein; 20. Thence continuing along said city boundary the following courses : A. B. C. D. North 20'31'30" East 390.50 feet to.an angle point in said North 89'57' Eas~t 324.00 feet; North 20'31'30" IEast 672.23 feet; South 89'57' Wesit 324.00 feet; City Boundary; ~ 21. Thence leaving said city Boundary North 20'31'30" East to an intersect- ion with a line whidh bears South 81'53' East from Point "A", said point of intersectijn being the northeasterly corner of land described in deed to Martha Aqna Pillsbury, by File Page No. 107649, recorded on June 16, 1965, id official records of said county; 22. Thence along said line North 81'53' West, 1195.00feet; 23. Thence leaving said~line South 9'35' West, 1003.30feet; 24. Thence North 65'47'54" West, 647.45 feet (Record - North 65O45' West, 25. Thence North 78'19'43'' West, 368.64 feet (Recor2 - North 78'32' West, 646.00 feet) : 369.00 feet); 26. Thence South 22'43'29" Mest, 219.13 feet (Record - South 22'37' West); 27. Thence North 67'31'43'' West, 516.23 feet to a point in the arc of a non-tangent 40.00 fdot radius curve, concave westerly, a radial line bears South 37'22'51" East to said point; , 28. Thence northerly, 47.78 feet along said curve through a central angle of 68'26'44"; 29. Thence leaving said~curve, North.25'35' East, 14.54 feet; I 30. Thence North 64'25' west, 280.00 feet; .. 31. Thence North 76'55' 32. Thence South 13'05' sc:iw 10/4/84 LAFCO West, 445.00 feet to Point "B"; West to the true point of beginning. EXHIBIT "A" Page 3 of 3 Approved by the Local Agency Formation --., Commission of San Diego J r I -0 0 m P B I 0 D za >C 73D ' 0 Z F \ \ \ \ \ \ \ \ \ \ \ \ \ \ .\ \ \ Minute Item: 2 Ref. NO,: CA84-1 OF THE SAN DIEGO LOCAL AGENCY APPROVING A PROPOSED CITY OF CARLSBAD 1 "Q'Hara Annexation" On motion of Cbmmissioner Hersom, 'seconded by Commissioner Hostler, the followi4g resolution is adopted: WHEREAS, a was submitted to this Commission for annexation of the City of Carlsbad, which petition was certified by the Executive Officer on September 4, 1984; and WHEREAS, the ter~ritory proposed for annexation is as described in the application oin file with the Local Agency Formation Com- mission; and i WHEREAS, all dwners of land have consented in writing to the annexation; and 1 WHEREAS, the Exbcutive Officer of the Commission has filed her report on said annexation, which report was received and considered by the Coqriission; NOW THEREFORE, BE IT RESOLVED, that this Commission hereby finds, determines, aqd orders as follows: (1) The a 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, nd certifies that the mitigation is within resources and servicqs will be within the city limits upon anriex- ation. ~ the jurisdiction of a ,the City and not LAFCO because the affected (2) The finds, pursuant to Section 15319(a) of the State that annexation of the two small island areas the environmental impact evaluation process because the proposal contains existing structures and is developed to the d 'nsity allowed by the current zoning/prezoning is more restrictivel), and any utility extensions would only have the capacity to 'serve existing structures. of either the gaining Ei or losing governmental agency (whichever a (3) The Commigsion finds that there are no agricultural preserves within the subject territory; however, the reorganization area could be considered prime agricultural land because it meets one of the crlteria pursuant to Government Code Section 35046. The Commissiyn finds that approval of this reorganization would not signif icaytly impact agricultural resources in the county because preservation of this agricultural land would be counter to logical patterns of urban development. (4) The Commidsion hereby approves the annexation with modified boundaries, las described in Exhibit "A" attached hereto. (5) The boundaiies of the territory as described in Exhibit "A" are definite andlcertain. (6) The bounddries of the territory do conform to lines of assessment and owx+ership. (7) The territdry includes 113.19 acres and is uninhabited. (8) The territ4ry proposed to be annexed is hereby designated the "O'Hara Annexatidn" to the City of Carlsbad. (9) The Commisbion hereby designates the City of Carlsbad as the conducting duthority and authorizes the City Council to initiate proceedings in compliance with this resolution without notice and hearing. ~ (10) The 'Execuqive Officer of this Commission is directed to 'file and mail certified copies of this resolution as required by law. I .. -2- Passed and adopted by the Local Agency Formation Comnission of the I I by County of San Diego this 10th day of September ~ , 19 84 the following vote: ~ AYES: NOES: Node Co+issioners Eckert, Fennett, Gotch, Oravec, Kersom, MaNr, and Hostler ABSEST: Cohissioner Fordem ABSTAIPjING : PJoI?!e I, J-XJE: E). XERRILL, Executive Officer of the Local Agency Formatior. Com- zission of the County of San Diego, State of Cslifornia, hereby certify that I have compared th2 foregoinq copy iv-ith tb.e oriqinal rexLution adopted by said CormmissJon at its regular meeting on - 1984 that sane contains a full, true, and correct transcript therefrom and I I i September 10, ~ , which original resolutiofi is now on file in my office: and '. e. ~ I of the whole thereof. ~ ~ I I -i Kitpc-sS my haEd this lh day of Oct nhe r , 19 E34 . -~ '* Eyecut lire Officer Sa:! Dleqo County Local Jcgency Fori-atror: Cor-~~ission