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1953-2201RESOLUTION No. 2201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE WRITTEN PROTESTS FILED IN THE LOARA- CRESCENT ANNEXATION PROCEEDINGS ARE INSUFFICIENT TO PREVENT FURTHER PROCEEDINGS IN SAID ANNEXATION, BUT FURTHER FINDING THAT BECAUSE OF THE DOUBT AS TO THE VALADITY OF ANY ELECTION NOW CALLED, NO FURTHER PROCEEDINGS SHOULD BE HAD IN THE PRESENT ANNEXATION PROCEEDING. WHEREAS, the City Council of the City of Anaheim did on the 9th day of June, 1953, receive a written petition asking that certain new territory described in said petition be annexed to the City of Anaheim; and WHEREAS, said territory so proposed to be annexed to said City of Anaheim is situated in the County of Orange, State of California, and is contiguous to the City of Anaheim, and said petition contains a description of said territory in words and figures as hereinafter in this resolution des- cribed; and WHEREAS, said petition is signed by not less than one- fourth of the qualified electors residing within the territory hereinafter described, as shown by the County Registration of Voters; and WHEREAS, said new territory proposed to be annexed to said City of Anaheim does not form a part of any municipal corporation, and more than twelve (12) qualified electors resided within the boundaries of the territory proposed to be annexed at the time of the filing of said petition for said annexation, and said electors are bona fide residents of said new territory and said territory is inhabited; and WHEREAS, on the 9th day of June, 1953, the City Council of the City of Anaheim did adopt its Resolution No. 2173 declaring its intention to oall a special election and fixing a date thereof, and giving at least fifty (50) days notice thereof, and of its intention to submit the question of annexation to the electors residing in the territory described in said written petition, which resolution did specifically describe the boundaries of the territory proposed to be annexed, and designate the territory by the name of LOARA CRESCENT ANNEXATION by which it should be referred to upon the ballots used at the election, and did oontain a notice of the day, hour and plaoe where any person owning real property within said territory could appear before the legislative body of the City of Anaheim and show cause why suoh territory should not be annexed to the City, and the City Council did find and determine that the proponents who filed said petition for annexation had done and performed all of the things required to be done and performed by the Annexation Act cf 1913 (Title IV, Division 2, Part 2, Chapter 1, Articles 1 to 4, inclusive, of the Government Code of the State of California) and did further find that all of the provisions of said Annexation Act of 1913, as amended, required to be complied with before the adoption of said resolution had been complied with prior to the adoption thereof, which resolution was duly published once a week for two weeks prior to the hearing in a newspaper -1- 180 of general circulation published in the City of Anaheim, there being no newspaper of general circulation published in the territory proposed to be annexed. WHEREAS, said City Council did, pursuant to its Reso- lution No. 2173, hold a public meeting and hearing on the 30th day of June, 1953, at the hour of 8:00 o'clock P.M. in the City Council Chamber of the City Hall of the City of Anaheim, the date fixed in said resolution as the day, hour and place when and where any and all persons owning real property within the boundaries of the territory so proposed to be annexed and having any objections to the proposed annexa- tion, might appear before the City Council of the City of Anaheim and show cause why such territory should not be so annexed, which said Resolution did notify all persons having any objections to such proposed annexation to appear on said date at said hour and place to show cause, if any they had, why such territory should not be annexed, and further notifying such persons that any protests against the calling of an election to submit to the electors residing within said terri- tory the question of annexation to the City of Anaheim, and any protests against the annexation of said territory to the City of Anaheim must be in writing and filed with the City Clerk of the City of Anaheim not later than the hour and date set forth in such resolution for the hearing of objections to said election and the annexation of said territory to the City of Anaheim, which said resolution was duly published once a week for two successive weeks prior to the date fixed for the hearing of protests and objections to said election and annexa- tion of said territory to the City of Anaheim, in the Anaheim Bulletin, a newspaper of general circulation published and circulated in the City of Anaheim, County of Orange, State of California; and WHEREAS, at said public hearing held on the 30th day of June, 1953, the City Council of the City of Anaheim did hold a hearing to hear all written protests theretofore filed object- ing to the calling of said special election or the annexation of said territory hereinafter described to the City of Anaheim, and the City Council does hereby find that written protests were not made by the owners of a majority of the separate par- cels of property within the territory proposed to be annexed; and WHEREAS, the City Council does find that by Resolution 2173 declaring its intention to call a special election to submit to the qualified electors residing in the territory known and designated therein as the LOARA- CRESCENT ANNEXATION, that the 6th day of August, 1953 was fixed for the calling of a special election for the purpose of submitting to the electors residing in said territory the question whether said new territory shall be annexed to, incorporated in and made a part of the City of Anaheim, and the property therein be, after such annexation, subject to taxation equally with the property within said City of Anaheim, to pay its pro -rate share based upon assessed valuation of all of the bonded indebtedness of said City of Anaheim outstanding on the 9th day of June, 1953 or theretofore authorized, and WHEREAS, the City Council finds that it was unable on the 30th day of June, 1953, the date for the hearing of protests, to determine whether or not written protests by the owners of a majority of separate parcels contained within said territory -2- 179 had been filed and whether an election could be called, that it was ther:3for necessary to continue the hearing upon said protests for the purpose of definitely determining whether the number of written protests received prior to the 30th day of June, 1953 at 8:00 o'clock P.M. had been filed by a majority of the owners of the separate parcels within said territory; that when it was finally determined, said protests were not sufficient to prevent further proceedings in said annexation proceedings; that it was impossible to give the notice thereof required by law, but causing a notice of said election to be published once a week for four (4) consecutive weeks prior to the 6th day of August, 1953, and that by reason thereof there is a serious legal doubt as to the validity of any election that could be held upon the 6th day of August, 1953 as fixed in Resolution No. 2173, and that there is a legal doubt as to the power of the City to fix and hold a valid election upon a date other than the one fixed in the Resolution heretofore adopted by the City Council declaring its intention to call such election, and that because of the uncertainty as to the validity of any election that could now be held in the present proceedings for the annexation of said territory and the uncertainty as to the validity of the assumption by the property owners of said territory of their purportionate share of the outstanding indebtedness of the City, the City Council finds that no further proceedings should be taken in the present annexation proceedings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM that the City Council does hereby find that written protests were not made by the owners of the majority of the separate parcels of property within the territory proposed to be annexed, and BE IT FURTHER RESOLVED, that by reason of the uncertainty as to the validity of any election that might now be called for the purpose of submitting to the electors residing in said new territory the question whether said new territory shall be annexed to, incorporated in and made a part of the City of Anaheim, and the property therein be, after such annexation, subject to taxation equal with the property with- in said City of Anaheim to pay its pro rata share based upon assessed valuation of all of the bonded indebtedness of the City of Anaheim outstanding on the 9th day cif June, 1953 or theretofore authorized, and by reason of the uncertainty as to the validity of the calling of an election for such purpose on a date other than the 6th day of August, 1953 as fixed by Resolution No. 2173, that no further proceedings be had or taken in the present proceedings for the annexation of the territory known and designated as the LOARA- CRESCENT ANNEXA- TION proceedings, and BE IT FURTHER RESOLVED, that the findings and determina- tion of the City Council as herein contained are made without prejudice to the rights of the purponents in said annexation proceedings to begin new proceedings for the annexation of said territory to the City of Anaheim if they so desire. The territory mentioned in said Loara- Cresent Annexation proceeddngs heretofore had is more particularly described as follows, to -wit: -3- 178 A tract of land lying within Sections 8 and 9, Township 4 South, Range 10 West, San Bernardino Base and Meridian, and more particularly described as follows: Beginning at a point which is the intersection of the Souther- ly R/W line of La Palma Avenue (60 feet wide) and the West line of E i of NW* of Sec. 9, T4S, R10W, S. B. B. Rc M., said West line also being the existing City Limits line of the City of Anaheim; thence, 1st: Southerly 2265.03 feet, more or leas, along said exist- ing City Limits line to an angle point, said angle point also being on the'monumented center line of North Street (60 feet wide);thence, 2nd: Northeasterly 1324.95 feet, more or less, along said existing City Limits Line and center line of said North Street to an angle point; thence, 3rd: Southerly 1175 feet, more or less, along the existing City Limits Line to a point, said point being on the Northerly R/W line of Purton Street (60 ft. wide) and also being the most Northeasterly corner of the Purton Street Annexation to the City of Anaheim, passed by Ordinance No. 811, August 12, 1952; thence, 4th: Southwesterly 967 feet, more or less, along the said northerly R/W line of Burton Street and the northerly line of said Purton Street Annexation to an angle point; thence, 5th: Southerly 1020.16 feet, more or less, along the westerly line of said Burton Street Annexation to an angle point which is the most southwesterly corner of said Burton Street Annex- ation and also on the previously existing City Limits Line. 6th: Westerly 428.67 feet, more or less, along the existing City Limits Line to a point on the Westerly R/W line of Loara Street (40 ft. wide), said Westerly R/W line also being the easterly line of the Euclid Avenue Annexation to the City of Anaheim, passed by Ordinance No. 773, February 20, 1951; thence, 7th: Northerly 17 feet, more or less, along said Westerly R/W line of Loara Street and the Easterly line of the said Euclid Avenue Annexation to a point; thence, 8th: Westerly 442 feet, more or less, along the Northerly line of s aid Euclid Avenue Annexation to an angle point; thence, 9th: Southerly 66.29 feet, more or less, along the westerly line of said Euclid Avenue Annexation to an angle point; thence, 10th: Northwesterly feet, more or less, along a curb, concave to the north, said curve also being the northeasterly line of said Euclid Avenue Annexation to an angle point; thence, llth: Northwesterly 408.06 feet, more or less, alon the north- easterly line of said Euclid Avenue Annexation to an angle point: thence, 12th: Northerly 216.70 feet, more or less, along the easterly line of said Euclid Avenue Annexation to a point in the south easterly line of the Crescent Avenue Annexation to the City cf 177 Anaheim, passed by Ordinance No. 819, October 28, 1952; thence, 13th: Easterly 506 feet, more or less, along the southerly line of said Crescent Avenue Annexation to an angle point; thence, 14th: Northerly 1300 feet, more or less along the easterly line of said Crescent Avenue Annexation to a point on the southerly R /1T line of Crescent Avenue (40 feet wide); thence, 15th: Westerly 630 feet, more or less, along the northerly line of said Crescent Avenue Annexation and the southerly R /l! line of said Crescent Avenue to a point which is the most northwest- erly corner of said Crescent Avenue Annexation and also the most southeasterly R/W corner of the intersection of said Crescent and Euclid Avenue (6o feet wide), said point also being in the easterly line of the Montgomery Annexation to the City of Ana- heim, passed by Ordinance No. 818, September 10, 1952; thence, 16th: Northerly 40 feet, more or less, along the easterly line of said Montgomery Annexation to a point which is the most northeasterly R/W corner of said Crescent Avenue and Euclid Avenue; thence 17th: Westerly 1350 feet, more or less, along the northerly R/W line of said Crescent Avenue and northerly line of said Montgomery Annexation to a point; thence, 18th: Southerly 875 feet, more or less, along the westerly line of said Montgomery Annexation and its southerly extension to a point on the southerly R /11T line of the Southern Pacific Railroad Company; thence, 19th: Northwesterly 3930 feet, more or less, along said south- westerly R/W line of Southern Pacific Railroad Company to a point of intersection with the South line of the N of NI of Section 8, T4S, R1OW, 8. B. B. M; thence, 20th: Easterly 2000 feet, more or less, along the said southerly line of the N1 of NW of Section 8, T4S, S. B. B. M., to the east line of the Ni of NWT of Secti T4S, S. B. B. M.; thence, LAI 21st: Northerly 1290 feet, more or less, along the said Easterly line of the Ni of NWi; of Section 8, T4S, S. B. B. M. to the southerly R/W line of La Palma Avenue, said point also being on the southerly line of the pending Houston Avenue Annexation to the City of Anaheim; thence, 22nd: Easterly 3926.27 feet, more or less, along the southerly R/W line of said La Palma Avenue; and the southerly line of the proposed Houston Avenue Annexation and its easterly extension; and the existing City Limits Line and its westerly extension; to the point of beginning. 176 THE FOREGOING RESOLUTION is signed and approved by me this 28th day of July, 1953. ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM (SE AL) SS MAYOR OF THE CITY OF ANAHEIM I, CHARLES E. GRIFFITH, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduoed and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 28th day of July, 1953, by the following vote: AYES: COUNCILMEN: Pearson, Wisser, Heying and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Boney. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 28th day of July, 1953. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of July, 1953. Y OLE 'F Y •F AN HEIM 175