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1954-2558RESOLUTION NO. 2558 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO CALL A SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS RESIDING IN THE HEREINAFTER DE- SCRIBED TERRITORY THE QUESTION OF ANNEXATION OF SAID TERRITORY TO THE CITY OF ANAHEIM. WHEREAS, on the ..7th day of September 19 54 B. D. Taylor., N. J. Stehly, Ernest Ft Zimmer, W. L, Conant J. D. Norton and Vincent L. Kuljis filed a written request with the City Council of the City of Anaheim requesting the consent of the City Council to the commencement of proceedings for the annexation of certain in- habited territory, more particularly hereinafter described, to the City of Anaheim pursuant to the provisions of the Annexation Act of 1913 (Title IV, Division 2, Part 2, Chapter 1, Articles 1 to 4 inclusive, of the Government Code of .California); and WHEREAS, the City Council did on the 7th day of September 19 54 refer said request and applicat- ion to the City Planning Commission; and WHEREAS, on the 28th day of September 19 54 the City Council did receive from the City Planning Commission its recommendation approving the proposed annexation; and WHEREAS, the proposal for the annexation of said territory to the City of Anaheim has been submitted to the Boundary Commission of the County of Orange for its report to the proponents with respect to the definiteness and certainty of the proposed boundaries; that said Boundary Commission has (has not) reported upon the petition or proceedings within twenty (20) days after it was submitted to it; and `.IHEREAS, said City Council did, on the 28th day of September 19 54 adopt Resolution No. 253. giving its consent to the commencement of said annexation pro- ceedings and approving the circulation of a petition for the annexation of said territory to the City of Anaheim; and WHEREAS, on the 6th day of October 19 54 said proponents did publish a notice of intention to circulate a petition for the annexation of the hereinafter de- scribed property to the City of Anaheim, and within ten (10) days thereafter did file with the City Clerk of the City of Anaheim,a copy of such notice of intention to circulate a petit- ion for the annexation to the City of Anaheim of said territory, which notice contained the names of the proponents intending to circulate the petition and the specific boundaries of the terr- itory proposed to be annexed, accompanied by a printed state- ment, not exceeding five hundred (500) words in length, contain- ing reasons for the petition, together with an affidavit of the publication of said notice of intention to circulate said petition; and :WHEREAS, within fifteen (15) days after the filing of said notice of intention to circulate said petition, accompanied by said affidavit of publication, the City Council did, on the 13th day of October 19 54 adopt Resolution No. 25)3 finding and determining that it would be to the advan- tage and for the best interest of the City of Anaheim and the qualified electors residing within the hereinafter described territory, to approve the circulation of a petition for the -1- annexation of said territory to the City of Anaheim and did there- upon approve the circulation of said petition; and WHEREAS, on the 9th day of November 1931, the City Council did receive a petition 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, containing a descrintion of the new territory proposed to be annexed to the City of Anaheim and asking that said territory be annexed to the City; and the City Council does find and de- termine that said proponents have done and performed the acts and things required to be done and performed by the Annexation Act of 1913, at the time and in the manner as required by the pro- visions of said Act; and that said petition was circulated more than twenty -one (21) days after the publication of notice of in- tention to circulate such petition and that it is signed by not less than one fourth of the qualified electors residing within the territory proposed to be annexed, as shown by the County Registration of Voters and as appears from the certificate of the City Clerk of the City of Anaheim presented to the City Council at the time of consideration of said petition and prior to the adoption of this resolution; and does further find that 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 does further find, from evidence and reports received and from said petition, that at the time of the filing and presentation of said petition, that said new territory proposed to be annexed to said City of Anaheim did not form a part of any other city or municipal corporation, and that said territory was, at the time of filing said petition inhabited territory and is contiguous to the City of Anaheim; and WHEREAS, the City Council does further find that it would be to the advantage and for the best interests of the City of Anaheim, and the residents thereof, and the qualified electors residing within the territory proposed to be annexed, as herein- after more particularly described, to submit the question of the annexation of said territory to the City of Anaheim to the elect- ors residing within said territory; and WHEREAS, the City Council does further find that said territory should be designated by some appropriate name by which it may be referred to upon the ballots used at the election at which the question of annexation of said territory to the City of Anaheim shall be submitted to the electors residing within said territory and that an appropriate designation for such territory is NUTWOOD -BALL ANEXATION; and WHEREAS, the City Council finds from said petition and evidence and reports received that the boundaries of the territory so proposed and sought to be annexed to the City of Anaheim are as follows, to -wit: Said territory is situated in the County of Orange, State of California, and the specific boundaries thereof are as follows: A parcel of land being a portion of Sections 19 and 20, Township 4 South, Range 10 West, San Bernardino Base and Meridian, and more particularly described as follows: Beginning at the most southwesterly corner of the proposed Orange Avenue Annexation to the City of Anaheim, said point also being the most southwesterly right -of -way corner of Brook hurst Street (60 feet wide) and Ball Road (60 feet wide); thence, 1. Easterly along southerly line of said proposed Orange Avenue Annexation and the southerly right -of -way line of said Ball Road and its westerly prolongation across said Brookhurst Street to the most southeasterly right -of --way corner of said Ball Road and Nutwood Street (40 feet wide); thence, 2. Southerly along the easterly right -of -way line of said Nutwood Street to an angle -point in said right -of -way line; thence, 3. Westerly along said right -of -way line to an angle -point in said right -of -way line; thence, 4. Southerly along said easterly right -of -way line of Nutwood Street to the most northeasterly right -of -way corner of Cerritos Avenue (40 feet wide) and said Nutwood Street; thence, 5. Continuing southerly along the southerly prolongation of the said easterly right -of -way line of Nutwood Street to the easterly prolongation of the southerly line of that 10.22 acre parcel of land owned by Jammie Rosa and Mary H. Rosa, husband and wife, as shown on a deed thereof in Book 2653 at Page 291, Of- ficial Records, Orange County; thence, 6. Westerly along said sr'»therly line of 10,22 acre parcel and its easterly prolongation across said Nutwood Street to a point in the easterly boundary line of Tract No. 2015 as shown on a map thereof in Book 58 at Pagesl6 and 17, Miscellaneous Maps, Records of Orange County; thence, 7. Northerly along said easterly boundary line of Tract No. 2015 to the most northeasterly corner of said Tract No. 2015; thence, 8. Westerly along northerly boundary line of said Tract No. 2015 and its westerly prolongation across said Brookhurst Street to the westerly right -of -way line of said Brookhurst Street; thence, 9. Northerly along said westerly right -of -way line of said Brookhurst Street to the point of beginning, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that it does hereby declare its intention to call a special election on or after the 11-th day of January 1954, for the purpose of submitting to the electors residing in the hereinabove described 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 equally with the property within said City of Anaheim, to pay its pro rata share, based upon assessed valuation, of all 'of the bonded indebtedness of said City of Anaheim outstanding on the 9th day of November 1954 or theretofore authorized; and BE IT FURTHER RESOLVED that the territory so proposed to be annexed shall be designated as "NU'TWOOD -BALL ANNEXATION" and BE IT FURTHER RESOLVED that the 30th_day of November 19 54 at the hour of JO: N0 o'clock i'.M. in the City Council Chamber of the City Hall of the City of Anaheim be, and the same is hereby, fixed as the day, hour and place when and where any person owning real property within the territory so proposed to be annexed and having any objections to the proposed annexation, may appear before the City Council of the City of Anaheim and show cause why such territory should not be so annexed; that all persons having any objections to such proposed annexation are hereby notified to appear on said day, at said hour and place, to show cause, if any they have, why such territory should not be so annexed, and all such persons are further notified that any protests against the calling of an election to submit to the electors residing within said territory the question of annexation of said territory to the City of Ana- heim, or any protests against the annexation of said territory to the City of Anaheim must be in writing and may be filed with the City Clerk of the City of Anaheim at any time not later than the hour and date set forth herein for the hearing of objections to said election. AND BE IT FURTHER RESOLVED that the City Clerk of the City of Anaheim be, and he is hereby, authorized and directed to cause a copy of this resolution to be published at least once a week for two weeks prior to the date hereinabove fixed for the hearing of protests and objections to said election and the annex- ation of said territory to the City of Anaheim, in the ANAHEIM BULLETIN, a newspaper of general circulation, published and circu- lated in the City of Anaheim, County of Orange, State of Calif- ornia. THE FOREGOING RESOLUTION is signed and approved by me this 9th day of November 19 1i. MAYO x' TH 0 TYOF�AflH.IM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM �—a ST ATE OF CALIFORNIA) COUNTY OF ORANGE ss CITY OF ANAHEIM I, DENE M. WILLIAM, City Clerc of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 9th day of November, 1954, by the following vote: AYES: COUNCILMEN: Pearson, Fry, Schutte, Wisser and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY, that the Mayor of the City of Anaheim approved and signed said resolution on the 9th day of November, 1954. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 9th day of November, 1954. (SEAT) CITY CLERK OF THE CITY OF ANAHEIM