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HomeMy WebLinkAbout1985-11-19; City Council; Resolution 8267" 133 SAN DIEGO COUNTY LOCAL AGENCY FORMATION COMMISSIOty " RFOGRDEO IN 1 CERTIFICATE OF COMPLETION ) .J^>r^;4-^£CCKns 1- rCF i-'A I- Li::-.tiu cOLhi r, i.:,'. ,; jQR1" n-rr Ip "pu o- re "Kirg-is Annexation" to the City '~UJ ^ JO ' '' o< DD Please Return to <?f Carlsbad - - 1 ^VERA L,g LAFCO @ MS A216 Ref. No. CA85-5 _ _ - - - ; - — NO FTP 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. f 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. • r 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. UJUid Date December 11, 1985 JANg/P. MERRILL Executive Officer ORIGINAL - (619) 236-2OI5 • san diego Local agency formation commission I6OO paclfk highway • room 452 san dicgo, ca. 92IOI CERTIFICATE RE:TERMS AND CONDITIONS AND INDEBTEDNESS Chairman Marjorie Hersom Alpine Fire Protection District Members Brian P. Bilbray County Board of Supervisors Paul Eckert County Board of Supervisors Mike Gotch Councilman, City of San Diego Dr. Charles W. Hostler Public Member Stanley A. Mahr San Marcos County Water District Leonard M. Moore Councilman, City of Chula Vista Linda Oravec Councilwoman, City of Poway Alternate Members Alex L. Adams Greater Mountain Empire Resource Conservation District George F. Bailey County Board of Supervisors Uvaldo Martinez Councilman, City of San Diego Fred Nagel Councilman, City of La Mesa Subject: "Kirgis Annexation" to the City of- Carlsbad (CA85-5) 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)f (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 existing bonded indebtedness or contractual obligatiop^ Yes l^^ No If yes, specify. ( C Datfe 125 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 RESOLUTION NO. 8267 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 KIRGIS ANNEXATION. WHEREAS, an application for approval of a proposal for the initiation of proceedings for the annexation of territory hereinafter identified and described as the Kirgis Annexation to the City of Carlsbad, County of San Diego, State of California, was filed with the Local Agency Formation Commission Reference No. CA 85-5; 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 7th day of October, 1985 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 126 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, 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 aaainst 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. A-. 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 Kirgis Annexation and more particularly described on Exhibit "A" attached hereto and made a part hereof. 137 1 2 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 19th day of November f 1985, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: Council Member Casler I. CASLER, Mayor CLAUDE A. LEWIS, Mayor Pro-Tern ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) CA85-5 "Kirgis Annexation" to City of Carlsbad All that portion of Lot F of Rancho Agua Hedionda, according to the partition map thereof No. 823, filed November 16, 1896, in the Office of the Recorder of San Diego County, lying within the following described boundaries: Beginning at Point 5 of said Lot F; 1. Thence North 87°23'24" West, 1200.00 feet along said north line to the northwest corner of land described in deed to Howard G. Kirgis, et ux., recorded September 24, 1957, in Book 6761, Page 197 of Official Records of said county; 2. Thence South 2°36I36" West (record South 2°34'59" West), 740-00 feet along the westerly line of said land to the southwest .corner thereof; 3. Thence South 87°23'24" East, 1378.84 feet (record - South 87°25'01" East, 1400.00 feet more or less) along the southerly Irne of said land to the southeasterly corner thereof; 4. Thence North 10°58'35" West along the easterly line of said land to the point of beginning. sc: iw 10/9/85 LAFCO OCT EXHIBIT "A" Page 1 of 1 129 •***% RHO AGUA HEDIONDA MAP 823- Approved by the Local Agency Formation Commission of San Diego OCT 71985 Offittr et Mid ConmiHien PTI4 DATE:3-4-85 SCALE: T.R.A. PAGE: DRAWN BY: M, MAPPING DIVISION SAN DIEGO COUNTY ASSESSOR'S OFFICE T"0 LAFCO:caes-s AREA: 2/2-O/O THOMAS BROS: 130 STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. KAREN ,R. KUNDTZ, DeputyI. / ., City Clerk of the City of Carlsbad, County of Sail Diego, State of California, hereby certify tliat I liave compared the foregoing copy with the original Resolution #8267 passed and adopted by said City Council, at a. re?u. ar. ...... meeting thereof, at the time and by the vote therein stated, which original ?-eSplutlpn .......... js now on file in my office: that the same contains a full, true and correct transcript thm-from and of the whole thereof. Witness mv hand and the seal of said Citv of Carlsbad, this ..22nd(|.lv of . ...November.,... 19. 8 5. ___________ ....... SK.M, 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 RESOLUTION NO. 8267 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 KIRGIS ANNEXATION. WHEREAS, an application for approval of a proposal for the initiation of proceedings for the annexation of territory hereinafter identified and described as the Kirgis Annexation to the City of Carlsbad, County of San Diego, State of California, was filed with the Local Agency Formation Commission Reference No. CA 85-5; 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 7th day of October, 1985 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 1 2 3 4 5 6 7 & 9 1C 11 12 12 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. 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 Kirgis Annexation and more particularly described on Exhibit “A” attached hereto and made a part hereof. /I /I /I I/ I/ // 1 2 3 4 5 6 7 a 9 1c 11 li 12 14 15 I€ 17 1E 11 2( 21 2: 2; 21 2: 2( 2: 21 PASSE5 , APPROVE5 City Council of the C AND ADOPTED at a regular meeting of the ty of Carlsbad o the Igth day of November , 1985, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: Council Member Casler CLAUDE A. LEWIS, Mayor Pro-Tem ATTEST: (SEAL 1 CA85-5 "Kirgis Annexation" to City of Carlsbad All that portion of Lot F of Rancho Agua Hedionda, according to the partition map thereof No. 823, filed November 16, 1896, in the Office of the Recorder of San Diego County, lying within the following described boundaries: Beginning at Point 5 of said Lot F; 1. Thence North 87'23'24'' West, 1200.00 feet along said north line to the northwest corner of land described in deed to Howard G. Kirgis, et ux., recorded September 24, 1957, in Book 676L, Page 197 of Official Records of said county; 2. Thence South 2O36'36" West (record South 2'34'59" West), . 740.00 feet along the westerly line of said land to the southwest ,corner thereof: 3. Thence South 87O23'24" East, 1378.84 feet (record - Sotith 87O25'01" East, 1400.00 feet more or less) along the southerly line of said land to the southeasterly corner thereof; 4. Thence North 10'58'35" West along the easterly line of said land to the point of beginning. sc: iw 10/9/85 LAFCO EX H I B I T A" Page 1 of 1 POR LOT F RHO AGWA HEDIONDA MAP 823- Approved by the Local Agency Formation Commission of San Diego OCT 71985 . I I I -I I MAPPING DIVSIUN DlEGO COUNTY ASSESSOR'S