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Ordinance 458 ("Bret Harte Annex")I i CHAiiTER OR=iTANCE NO. � AN ORDINANCE PURSUANT TO THE PROVISIONS OF THE "AKKE_�ATION OF UNINHABITED TERRITORY ACT OF 1939", ANNEXING TO AND IN- CORPORATING AND IINCLUDING IN AND ,dITHIN. T.H� CITY OF SAN RAFAEL9 CALIFORNIA, CERTAIN CONTIGUOUS UNINHABITED TERRI- TORY TO BE KT -OWN AS "BRET HARTE ANNEX" 7.VHEREAS, on the 1st day of November, 1948, the City Council of the City of San Rafael, California, did pass and adopt its Resolu- tion of Intention No. 1185, declaring and :etermining that said City Council did elect to initiate and did thereby initiate proceed- ings 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 described; WHER.LAS, said City Council did therein and thereby further resolve, order and determine that said real property was "uninhabited" 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 "BRLT HARTE ANNE X11 ; JVIHERLAS, said resolution did include the reasons for said proposed annexation; VVTIEREAS, in and by said resolution said City Council chid fix and appoint Monday, the 6th day of December, 1948, at eight o'clock P."°., at the Council Chambers of said City Council in the City hall in said city as the time and place when and where any per- son owning real property within said territory so proposed to be annexed and having any objections to said proposed annexation may RTIN ELLI, 6ARDIppear before said City Council and show cause why said territory & RIEDE iTTORNEYB AT LAW B ALBERT BUILDING >N RAFAEL, CALIF. 1. should not be so annexed, said date being "not less than fifteen (15) days nor more than forty (40) days from the date of the adoption of said resolution; liliEREAS, thereafter said resolution was duly and regularly published in __ ���lZ�-�' •��c�t'�--�-� ��rf��:. �� a daily newspaper of general circulation, printed, published and circulated in said city, as more fully appears from the affidavit of Publication thereof now on file in the office of the City Clerk of said city; WHEREAS, at said time and place aforesaid, to wit: Yonday the 6th day of December, 1948, at eight o'clock Pot?., lln the Council Chambers of -said City Council, said City Council did duly and -regu- larly proceed to hear and pass upon any and all protests or objec- tions to said proceedings and annexation; MHEREAS, at said time and place, after public oral announce- ment of the purpose of said 'nearing, no person or persons were pre- sent in objection or protest to said proceedings and annexation and no person offered or presented any objection or protest thereto, either verbal or in writing, and the City Clerk of Jaid city did thereupon announce that there were no protests or objections to said proposed annexation either written or verbal; N0NI THEREFORE, the City Council of the City of aan Rafael, California, do hereby ordain as follows: Section 1: The City Council of the City of San Rafael, California, in the manner provided by the "ANNEXATION OF UiiINHABITED TERRITORY ACT OF 19391, Statutes of California 1939, Chapter 297, as amended, did duly and regularly adopt its Resolution No, 1185 electing to initiate proceedings to annex the territory hereinafter described to the City of San Rafael and to incorporate the same within said city, on its own motion and without requiring a peti- tion therefor, and proposing and intending to annex to and incorpo- rate MARTINELLI, GARDINER said territory within said city. & RIEDE ATTDRNEYB AT LAW 41B ALBERT BUILDING SAN RAFAEL, CALIF. 2. Section 2: A hearing upon said proposed annexation of said uninhabited territory was duly and regularly provided for by said City Council and was duly and regularly held and conducted on the 6th day of December, 1948 upon and after due and legal notice thereof published in the manner provided by law in the '- e'T�'-u adaily newspaper of general circula- tion, printed, published and circulated in said city. Section 3: At said hearing no protests or objections of any kind or character were made, presented, urged or interposed by any person, firm or corporation, either .Nritten or verbal, or in the manner provided by law, or otherwise, or at all, and the City Clerk of said city did certify to said City Council that no protests or objections have been made to said proposed annexation. Section 4: It is hereby found and determined that no pro- test or objection has been made to said proposed annexation by any person, firm or corporation. whomsoever. Section 5: The real property hereinafter described was at the inception of said annexation proceedings and ever thereafter and now is uninhabited territory and is contiguous to said city, and there were at the time of the commencement of said proceedings and ever thereafter and now are less than twelve (12) registered voters residing within said territory. Section 6: There is hereby annexed to, incorporated and included viithin the City of van Rafael, California, and itiithin the boundaries of said city, the following described uninhabited terri- tory contiguous to said city, to wit: Beginning at a point which is the intersection of the Easterly corporate limits of the City of San Rafael and the Northerly line of Vwoodland Avenue, then running along the northerly line of Woodland Avenue, S 61° 18' i;, 293.83 feet, then S 88°14' E, 122,82 feet to the land of the Northwestern Pacific Railroad, S 54°19' E 203.84 feet, then S 50020' L 661.11 feet, then leaving the lands of the Northwestern Pacific Railroad and running S 23'201 N 837-57 feet, then S 43050" qV 135 feet, more or less, to the .masterly corporate limits of the City of Iran Rafael, then Northerly .NARTINELLI, GARDINER and ";;esterly along said corporate limits to the _ooint of be- & RIEDE ginning ATTORNEYS AT LAW . 410 ALBERT BUILDING SAN RAFAEL, CALIF. 3. Section %: ;aid territory hereby annexed shall hereafter be known and called "BRET HARTS ANNEX"° Section 8: Tlis ordinance shall be published once in full before its final passage in the SATS RAFAEL IMEPE17DEN'1 AI:41D jMRIN JOURNAL, a daily newspaper of general circulation, printed, publish- ed and circulated in said city, and shall be in full force and effect thirty (30) days from and after its final passage. Section 9: The City Clerk of said city is hereby autho- rized and directed forthwith upon the effective date of this ordi- nance to make under the seal of said city and to transmit to the Secretary of State of the -._,tate of California, a certified copy of this ordinance, including the date of its adoption, all in the man- ner provided by Sections 8 and 9 of raid "AI1i�'XATION OF UNI'_MABITED TERRITORY ACT OF 1939"• Section 10: From and after the filing of said certified copy with said Secretary of State, the aforesaid annexation proceed- ings shall have the form, force and effect provided by said `ANNEXA- TION OF UNINHABITED TERRITORY ACT OF 1939". The above and foregoinb Charter Ordinance No. 1+58 i�T as pasted and adopted by the Council of the City of =uz lIfael, Californias at a ad 'ourned regular iiieetingw ^l' said Council held on Tuesday the _l-9t"-h"""day of v w�January 19492 by %ze�f ollo4'liilg vote , to -wit; - :yes e Councilr�ien:Albert, Brown, ,C er Wood and k�4 -oes: Cotulcilr>ien: Non ayor AU n - C - ls Y.F. r,l sent. Councilmen: None � Of City Clerk �__---- fY "CPK -- - --- Approveu this 18th day of January 4� I.Iayor of the City of San Rafael 'httes ° ` CTY C 'RI; 4113 ALBERT BUILDING SAN RAFAEL, CALIF.