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HomeMy WebLinkAboutOrdinance 474 ("Western Addition")CHARTER ORDINANCE NO. .N ORDINANCE PURSUANT TO THE PROVISIONS OF ME "ANNEXATION 0UNINHABITED TERRITORY ACT of 1939'99 ANNEXING TO AND IN- CORPQRATINv AND INCLUDING IN ANDIITHIP' THE CITY OF SAN RAFAEL, CALIFORNIA9 CERTAIN CONTIGUOUS UNINHABITED TERRI- TORY TO BE KNOWN AS "WESTERN ADDITION" WHEREAS, on the 21st day of April, 1949 the City Council of the City of Iran Rafael, California, did pass and adopt its Resolution of Intention No. 1210, declaring and determining that said City Council did elect to initiate and did thereby initiate proceedings to annex the territory therein and hereinafter described, on its own motion and without requiring a petition .therefor, as provided by law-, WHEREAS, said City Council did therein and thereby propose and intend to annex to and incorporate within the City of San Rafael, California, and within the boundaries thereof certain uninhabited territory contiguous to said city, hereinafter more particularly des- cribed -9 WHEREAS, said City Council did therein and thereby further resolve, order and determine that said real property was t9uninhabited" and that there were and are less than twelve (12) registered voters residing within said territory, and did further resolve and order that said territory when, as and if annexed, shall be known as "WESTERN ADDITION119 WHEREAS, said resolution did include the reasons for said proposed annexation; WHEREAS, in and by said resolution said City Council did fix and appoint Monday, the 9th day of -May, 19499 at eight o'clock P.M., at the Council Chambers of said City Council in the City Hall in said city as the time and place when and where any person owning real property within said territory so proposed to be annexed and having any objections to said proposed annexation may appear before said City Council and show cause why said territory should not be so MARTINELLI, DARDINER & RIEDE ATTORNEYS AT LAW 41B ALBERT BIIILOINO BAN RAFAEL, CALIF. Tl M1 annexed, said date being not less than fifteen (15) days nor more than. forty (14.0) dads _From the date. of the adoption of said resolution, UEREAS p thereaf to said ' es :lution was duly and regularly published In the : NDEPEI'tis-,�,I�iT LJOJi���Q.L�, w dailyt1A�spaper of centras circulation, printed 4 published and eircul<ated in said city 9 as more fully appears from the affidavit of publication thereof now on. file 'n the off"(;e of 'zhu City C's.erk of City- NH`RE.A.32 at sa.i` time and place aforesa.id3 'to wit.- Yvloi?,�L`t.Yq the 9th day of 2c yc) 1940 Lat e4ght o lcloc lk i oM. , in `;he Council Cham— bers of said Cl ty C'ounc i lq said City Council did duly and regularly proceed to hear and pass,, upon any and all protests or objections to said. proceedings and annexcation,- AUEREAS, at said t -1 -me and place, after Public orad. azinounce- me?T?t of �_'ie �')'Z's''rpose of said hearing no person or p3t??'SC3;_s ivel'G present in objection or protest to said proceedings and annexation and no -person offered or presented a7 -y objection. or protest thereto, either verbal or in citing, and the City Clerk of said city did thereupon announce that 'there were no protests ,-)rc�� jections to said pro -posed annexation either writ Len or Verbal Or� !r. `REt' ORE, the Cs.t y Council. oaf the C,•Q ty of Sar. Rafaelg California 9 do hereby ordain as follows Section The City Counci.d. of the City of ,an Rafae-l- , California, in the _manner provided by the "ANITEXATION OF UNI?V�lA?3ITED TERRITORY ACT OF 1939"g S"Itatutes of Cal-J.fornia 19.399 Chaptev 29°79 as amFnrled� slid d.:�ly, anti r°eg�,i.t�3y adopt its Resolution No. 1210 elect- ing to initiate procFeedi_zgs, to annex the territory hez:elnafter des- cribed to the ai -y of 'L"jan Rafael and to incorporate the game w, thin the said cityq ori its own motion and without- requiring a petition therefor, and proposing,and intending to annex to and incorporate said ter itory within said city. Section 2€ A hearing upon said proposed annexation of said uninhabited territory was duly and regularly provided for by said MARTINELLI, DARDINER 8 RIEDE ATTDRNEYB AT LAW 418 ALBERT BUILDING BAN RAFAEL, CALIF. C City Council and was duly and regularly 1 -field and conduct -ed or, the 9th day of Maya Q4,) urpon an- after due and -,ega` notice thereo-P TITI)EPE p u b 11 F, h e d t h,7,.,, rm a n n e T r o - v i", d ed by - I a W J. IT i t h . 2. 1 ND E 11 TT -J O UR N. A- L ­irc-t, -ior -.d-e - , s -L t1 IL a dal" --n. vispa.pe�r of ra! pr'i -1, Publihed and cir- ted in. said sec -t -ion 3� At'. said hearing no protests or objections of any 1--ind or :,•haroncter -,.:Ve.:re uz'ged or i-n-lGerposed. by 'bal or in +-he -Im- or cor-porat--iong aiit;hei., e'i ma._n ,ner provided by iaw, or othe-ewisa� or at all, and W_I� City Clerk of said did L­e�rtify- to said City Council that no -1protests or )een made to said proposed amiexatiom. j -V that C M. n T' t he--Oeby I 01,11W, and DETE-XMIDIED uhat no pro- es4 iimadc-: to sair.l pro-Dos,:-�.d bv ail-,u- ofV - - pers=9 or WI-Lomsoe'r,er. Section 'tie tie real PIPOD e --ty herelma.fteT describedwas at the. incept:'ion -,)f s ann,�'Tation proceedizq,s and, ever thereafter a to Jtory and Is cont4guous to said cityq and there now is, uni-nhabl-ttoe�d _L - were a', 'the ti-ine of the coinnmencement ol-C saidi -or-Oce e0inggs and Cvo,_T, the rie- t, e r -1 Yidi. n, ow a. -c 3. e * s, -%*,J_h_ar. 'Uwalve (12) regf-stered voter., i-e- si d ina wi thin. Sa'� jt �7t -PT 61,11 The -re is herc-:!by annexed to, :ii corporated ard included wi-IL"rii.-a 'Ghe City of Sqn Rafl`ael' Callifo.-m-La, nam", viit"Ali _-9- -n the, wJ.)= ar- c s o"- :3L ;L c-tQ lyq U th-e folIow'l-I- -�ng des­_'Jbd vninhab*lted territory 'I In khace.rLain zreal. proper tly -situate ir. Marina County, G'alifor- niE;. alrid" de.ser--l-bed a.�-, fol"lowsq tc wft� MARTINELLI. GARDINER & RIEDE ATTORNEYS AT LAW 418 ALBERT BUILDING SAN RAFAEL. CALIF. Beg -inning= at a. po_`nt, -Inn -!I-he, Wes;erly City 1-1.mlto of San Rafael', which -,3o_-!._n.t is a3l...:,(:) with the -lunction of the courses 'North "1'3()' VwTes' 198-9 meet and bJorV.-.1. 61`3' iNe3t of the Northerly G" ­r 11mits of San Ansel.mog running tl-J,Ience North 61-1,21 West -:,)-long thV northerly line of the Citly iimits of Sani Anselriir, 1744.5 feet; mio-ne or Less, and 'Nortl-1 8_2*1151 Viest 5,4,8 feet to a. -onst :ma --ked '77.Ld Y t* ­e north-g-esa-eriCorner of tha'- elerta-in 'Fact of land conveyed by Alexander F Orbe�_-3 to I Harriet P . Tompkin3 by a deellf datedOctober 19, 18,-71 and recorded !_: Book 'JI. (evel of Deeds Page 628 Marin ?i - County Records, running thence North 340 East 1445 feet more or less to the center line of Fifth Avenue (formerly known as Culloden Avenue), running thence along the center line of Fifth Avenue in a general southeasterly direction, a distance of 1097 feet, Fnore or less to a point distant South 37°04° gest 35 feet more or less from the southwesterly corner of that tract of land described in the conveyance by Mary A. Tippetts to Royal Mo Prescott by deed dated Feb. 29 1921 and re- corded in Book 225 of Deeds at page 52, Marin County Re- cords, thence North 37°04' East 35 feet more or less to the aforesaid southwester3y corner of the Prescott property, running thence North 37°041 East 430 feet more or less to the intersection of the Course South 370041 West 1677.75 feet described in the aforementioned deed to Prescott, with the westerly line of the present City limits of Cyan Ra 'ael, 'thence southerly along said westerly line of said City limits of San Rafael 1710 feet more or less to the point of beginning. Section 7: Said territory hereby annexed shall hereafter be known and called "WESTER,14 ADDITION". Section 8o This ordinance shall be published once in full before its final passage in the !1NDEPENDENT-JOURNAL, a daily newspaper of general circulation, printed, published and circulated in said city, and shall be in full force and effect thirty (30) days from and after its final passage. Section 9s The City Clerk of said city is hereby authorized and directed forthwith upon the effective date of this ordinance to make under the seal of said city and to transmi The above and foregoing Charter ordinance No . -L�n4- -itis passed and adopted by the Council of the City of Knee ting uan �j.fae19 California2 at a� _ the- - day of of said Council held on -- - 194012 by 'dze f oll0V iZ, vote, to -1 it: b, eye s CCCoouncilrien 1: .ces: Cowzcilrilen: Lsent. Councilrieil: ( "^�-' City Clerk ._pp;:loveu this .moi_ day of ___ 1940x, kttest: CITY CLIERY >r MARTINELLI, GARDINER & RIEDE ATTORNEYS AT LAW 410 ALBERT BUILDING SAN RAFAEL, CALIF. i.Iayor of the City of Saiz oaf ael 50