HomeMy WebLinkAbout1985-02-05; City Council; Resolution 7899332
Q SAN DIEGO COUNTY Q 85"""075698
AB"*AGENCY FORMATION COMMISSION^ r—,._LOCAAGENCY FORMATION COMMISSIO
CERTIFICATE OF COMPLETION
"Carlsbad Land Investors Annexation" $85 MAR -f AH R "o
Please Return to to the City of Carlsbad
LAFCO @ MS A216 Ref^ No. CA84-4
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.
Da t e March 1, 1985
JAN(E/ P. MERRILL
Executive Officer
ORIGINAL
333 236-2015 • san dfego
Local agency formation commission
I6OO pacific highway • room 455
sandtagaa
Chairman
J. B. Bennett
Councilman, City of
Imperial Beach
Members
CERTIFICATE RE:
Subject:
TERMS AND CONDITIONS AND INDEBTEDNESS
to the
Paul Eck«rt
County Board of
Supervisors
Paul W. Fordem
County Board of
Supervisors
Mile* Gotch
Councilman, City of
San Diego
Marjnrie Harsom
Aipme Fire 1
Protection District
Dr. Charles W. Hostler
Public Member
St.inlsy A. IVIahr
$3n (Viarcos County
Water 0 Strict
L.ir-iiu Oi-iVHC
Counr.iiwcinnn, City of
Poway
Alternate Members
Alax 1_. Adam!
Grater Mourifai'i E.Tipire
Resource Conservation
District
Patrick M. Boarman
County Board of
Sunervisors
Uvaldo Martinez
Councilman, City of
San Diego
Robert Proscott
Councilman, City of
Carlsbad
"Carlsbad Land Investors Annexation
City of Carlsbad (CA84-4)
Certain terms and conditions are required by the Local
Agency Formation Co-onission to be fulfilled prior to the
completion of the above-named change oi: 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.
Executive Officer
Jane P. Merrill
Counsel
Lloyd M. Harmon, Jr.
Will the affected property be taxed for any exi.stMig
' ? t' M
bonded
indebtedness or contractual obligation?
If yes, specify.
No
334
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RESOLUTION NO.7899
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 CARLSBAD LAND
INVESTORS ANNEXATION.
WHEREAS, an application for approval of a proposal for the
initiation of proceedings for the annexation of territory
hereinafter identified and described as Carlsbad Land Investors
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—4; 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 December 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
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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.
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
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 Carlsbad
Land Investors Annexation and more particularly described on
Exhibit "A" attached hereto and made a part hereof.
336
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad on the 5th day of
February , 1985, by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES:
ABSENT:
MARY H.^CASLER, Mayor
ATTEST:
<K. fccu
ALETHA L. RAUTENKRANZ, City Cl^rk
(SEAL)
337
CA84-4 "Carlsbad LancWnvestors Annexation" to Crty of Carlsbad
All that portion of that certain parcel of land designated as
"description No. 5, 103.54 acres" as shown and delineated on Record
of Survey Map No. 5715, filed in the Office of County Recorder of
San Diego County, December 19, 1960, being a portion of Lot "G" of
the Rancho Agua Hedionda in the County of San Diego, State of California,
according to Map thereof No. 823, filed in the Office of County
Recorder of San Diego County, November 16, 1896, lying within the
following described boundaries:
Beginning at the southeasterly corner of said Record of Survey No. 5715
on the south line of said Lot "G", being an angle point in the boundary
of the City of Carlsbad, as established by their Resolution No. 3275,
adopted November 20, 1973, by said City,, being also the intersection of
the south line of said Lot "G" with the center line of that certain
100.00 foot easement described in the deed to San Diego Gas and Electric
Company recorded April 15, 1954, in Book 5205, Page 419, Official
Records of said County;
1. Thence leaving said south line along said center line and city
boundary, North 42°38'40" West, 460.39 feet to an angle point
therein;
2. Thence continuing along said center line and city boundary
North 39° 01'39" West, 896,. 88 feet to an angle point in the boundary
of said aforementioned land;
3. Thence leaving said center line along the boundary of said land, the
following courses:
A. North'79°20'21" West, 377.94 feet;
B. North 41°21'46" West, 1086.50 feet;
C. North 57°12'36" West, 505.80 feet;
D. South 83°40'44" West, 930.88 feet to a point in said boundary;
4. Thence leaving said parcel boundary, South 45°31'49" East, 1129.51 feet;
5. Thence South 70°09'50" West 17.26 feet to the beginning of a tangent
curve concave southeasterly having a radius of 300.00 feet;
6. Thence southwesterly along said curve 51.13 feet through a central
angle of 9°45'55";
7. Thence tangent to said curve, South 60°23'55" West 115.58 feet;
8. Thence South 57°18'45" West 328.50 feet to the beginning of a
non-tangent curve-concave southwesterly having a radius of 500.00
feet, a radial line from said point bears South 57°03'32" West;
9. Thence southeasterly along said curve 126.42 feet through a central
angle of 14°29' 13";
10. Thence tangent to said curve South 1,8'° 27' 15 "East, 966.67 feet to the
south line of said Lot "G";
11. Thence along said south line due east, 2495.70 feet and south 89°59'
East, 103.74 feet to the point of beginning.
LAFCO
sc--w EXHIBIT "A"
12/31/84 pa'^ ! of l
338
Indicates Proposed O-S (Open Space)
Zone 20 Acres
Indicates Proposed R-1-
Family Residential Zone
65 Acres
Single
du./ac.
Approved by the Local Agency Forma
Commission of San Diego
DEC
Executive Officer of uid Commluien
DATE:10-23-84-
SCALE:
:R.A. PAGE:
DRAWN BY:
MAPPING DIVISION
SAN DIEGO COUNTY ASSESSOR'S OFFICE
. TC
i/ry
LAFCO:
AREA;85.43 AC-
B/L;
THOMAS BROS:
Jo'
339
STATE OF CALIFORNIA, )
COUNTY OF SAN DIEGO ) ss.
, KAREN R.^KUNDTZ, I}e£U^t>rk ()f t]w (..ty <)f c.irlsl).Kl (;om)tv ()t San Dii^0 Stat(1 ()f (;a]jf()nija,
hereby certify tliat I have compared the foregoing copy with the original ReSOlution#.7899..... passed and
adopted by said City Council, at ...S,..regular 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 . 7th day of February, 1985
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A
RESOLUTION NO. 7899
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WHEREAS, ad application for approval of a proposal for the
was duly passed
initiation of p oceedings for the annexation of territory
hereinafter ide 1 tified and described as Carlsbad Land Investors
Annexation to tAe City of Carlsbad, County of San Diego, State of
California, waslfiled with the Local Agency Formation Commission
and adopted on the 3rd day of December approving
Reference No. CA 84-4; and
WHEREAS, a/ resolution of the said Local Agency Formation
WHEREAS, &id resolution provided that the annexation was ,
approved withoub notice and hearing and further provided that the
City Council of/ the City of Carlsbad was authorized to annex said
territory witho/ut notice and hearing by said Council and without
I I
I
an election as /provided in California Government Code Section
I
I 35151; and 1
I
WHEREAS, a written petition containing the required
I I signatures and la description of the uninhabited territory
hereinafter deicribed has been presented to the Local Agency
Formation Commission requesting annexation under the Municipal
Organization A&t of 1977; and
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has been filed
to be annexed;
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2a
by the owners of all of the land in the territory
NOW, THEREFIORE, BE IT RESOLVED by the City Council of the
City of Carlsba , California, as follows: 4 1. That the above recitations are true and correct.
2. That said petition on file with the Local Agency
description of certain
be included and annexed to the City of petition has been signed, or consent to the annexation filed, by owners of all of t..e
land in the ter to be annexed, and therefore, no
protests may be the petition by persons owning
property in
3. That tAe territory proposed to be annexed to the City is I uninhabited ter itory as defined by Section 35038 of the Government Code, 7 and is contiguous to the boundaries of the City.
on completion of said annexation all of the d therein shall be taxed accordingly with the other property hithin the City of Carlsbad to pay the bonded indebtedness anp any and all general indebtedness of the City of
Carlsbad contrafted prior to, or existing or outstanding at the time of the aforesaid proprosed annexation of said described property. 1
I
5. That ail requirements of law necessary to the adoption of this resolutl*on approving the annexation of certain
Organization AcL of 1977 have been complied with.
uninhabited ter i itory pursuant to the provisions of the Municipal
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PASSED, AP6ROVED AND ADOPTED at a regular meeting of the
City Council of /the City of Carlsbad on the 5th day of
1 1985, by the following vote, to wit: 1 February
AYES: Counyil PBtkers Casler, Lewis, Kulchin, Chick and Pettine
NOES: mni
ABSENT: Ndne 1
__
MARY H.@ASLER, Mayor
ATTEST: I
(SEAL)
Minute Item: 3
Ref. No.: CA84-4
RESOLUTIO~ OF THE s DIEGO LOCAL AGENCY
FORMATION FOMMISSION APPROVING A PROPOSED
ANNEXAPION TO THE CITY OF CARLSRAD
1
"Carlsbad Land Investors Annexation"
On motion of Cohmissioner Mahr, seconded by Commissioner
a petikion was submitted to this Commission for
annexation of territorly to the City of Carlsbad, which petition
was certified sufficielnt by the Executive Officer on November 6,
1984; and
Adams, the following resolution is adopted:
I
KHEREAS,
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WHEREAS, the territory proposed for annexation is as described
in the application oln file with the Local Agency Formation Commission; and I
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TILFlFl!?EAS, all owners of land 'nave consented in writing to
the annexation; and 1
WHEREAS, the Executive Officer of the Commission has filed
her reoort 371 s.-id anxexation, w"lc'? report bra5 receivqd and
considered b17 the Zorxission;
finds, determines, andlorders as follows:
1
NOW THEREFOqE, 3E: IT RESOLVED, that this Commission hereby
(I) The Commission adopts, pursuant to Section l5Q91 of
the State CEQA Guidekines, the mitigation measures included
iil the resolution of: approval of the City of Carlsbad for the
impacts identified, and certifies that the mitigation is within
the jurisdiction of t$e City and not LFiFCO because the affected
resources and servicps will be within the city limits upon
annexation.
(2) The Commission hereby approves the annexation with
modified boundaries, a$ described in Rxhibit "A" attached hereto.
The boundaries of the territory as described in Exhibit
"A" are definite and certain.
The boundarhes of the territory do conform to lines
The territory includes 85.43 acres and is uninhabited.
The territory proposed to be annexed is hereby designated
the "Carlsbad Land Investors Annexation" to the City of Carlsbad.
I
(3)
~
(4) of assessment and ownetrship.
(5)
(61
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G
(7) The Commislsion hereby designates the City of Carlsbad
as the conducting authority and authorizes the City Council
to initiate proceedings in compliance with this resolution without
notice and hearing. ,
(8) The Executive Officer of this Commission is directed
to file and mail cer!tified copies of this resolution as required
by law. 1
,
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Passed and adopted by thle Local Agency Formation Commission of the
County of San Diego this^ 3rd . day of December .t 19 84 , by
the following vote: ~
I AYES: Coyissioners Eckert, Fordem, Gotch, Oravec, Adams
NOES: None
and IMahr
I
ABSENT: Comissioners Hersom and Hostler --
ABSTAINING: None
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) , ss
I
I, JANE P. MERRILL, Exec/utive Officer of the Local Agency Formation Com-
mission of the County o$ San Diego, State of California, hereby certify
that I have compared the! foregoing copy with the oriuinal resolution
adopted by said Commissi~on at its regular meeting on December 3, 1984
I
, which origiial resolution is now on file in my office: and
that same contains a ful~l, true, and correct transcript therefrcn and
of the whole thereof. ~ I
Witness my hand this 3rd day of January , 19 85 -
4b%prheuJLe
JA$F/ P. MERRILL
Exgutive Officer
San Diego County Local Agency
Formation Commission
($84-4 "Carlsbad Lana qnvestors Annexation" to City of Carlsbad
I
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All that portion of that certain parcel of land designated as
"description No. 5, 103.54 acres" as shown and delineated on Record
of Survey Map No. 5715,i filed in the Office of County Recorder of
San Diego County, December 19, 1960, being a portion of Lot "G" of
the Rancho Agua Hedionda in the County of San Diego, State of California,
according to Map theredf No. 823, filed in the Office of County
Recorder of San Diego qounty, November 16, 1896, lying within the
following described boundaries:
Beginning at the southeasterly corner of said Record of Survey No. 5715
on the south line of said Lot "G", being an angle point in the boundary
of the City of Carlsbad, as estehlished by their Resolution No. 327'5,
adopted November 20, 1473, by said City,, being also the intersection of
the south line of said lLot "G" with the center line of that certain
100.00 foot easement de'scribed in the deed to San Diego Gas and Electric
Company recorded Aprilil5, 1954, in Book 5205, Page 419, Official
Records of said County;
I
1. Thence leaving saidisouth line along said center line and city
boundary, North 42'3,8'40" Kest, 460.39 feet to an angle point
therein; ,
2. " Lnence continsing along saic! center line and city boundary
.hTP I .\<:th 39O01'39" Wesq, 596,88 feet to an ct~gle point .in the boundary
of sai2 aforesentiode2 lanti: 'I
3. Thence l.c?.r;vincj said center 11ze alcrq the bccncisr; of s3ii-3 lano, the
followinq couzses:
A. Xozzk 79"20'21" yest, 377.94 feet;
B. Xorth 41'21'46" West, 1086.50 feet;
C. North 57O12'36" West, 505.80 feet;
D. South 83'40'44" yest, 930.88 feet to a point in said boundary;
I 4. 'Thence leaving said /parcel boundary, Soukk 45'31'49" East, 1129.51 feet;
5. Thence South 70'09'50" West 17.26 feet to the beginning of a tangent
curve concave southeasterly having a radius of 300.00 feet:
I
6. Thence soutkuesterl$ alcng said curve 51.13 feet throuqh a central
ar!c;lc of 9'45'55"; I
7. Thence tangent to said curve, South 60'23'55" Best 115.58 feet:
8. Thence Scuth 57O18'd5" West 328.59 feet to the beginning of a
non-tanyerit curve cdncave southwesterly having a radius of 500.00
feet, 2 ra2Fal line lfron said point bears South 57O03'32" :Test;
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9. Thence sctiThEaster1y axon7 said &cx;rve 126.42 feet tk:o:iqh a central
alzqle of 14'29'13"; 1
.- m-7 10 -aence tangent to s;;lic: cucve South i8"27'1S"East, 966.67 feet to the
south line of said riot "G";
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11. Thence alor,g said south line due east, 2495.70 feet and south 89'59'
East, 103.74 feet t$ the point of beginning.
~ - .. . - . . .. . . I
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Indicates Proposed 0-S (Open Space).
Zone 20 Acres
Indicates Proposed R-1- ' Singts
Family Residential Zone du./ao.
65 Acres
c b
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