3136ORDINANCE NO. 3136
- AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING
THE ANNEXATION TO SAID CITY OF ANAHEIM OF
CERTAIN INHABITED TERRITORY KNOWN AS
MOHLER DRIVE ANNEXATION
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
AS FOLLOWS:
SECTION 1.
The City Council of the City of Anaheim finds:
(a) That the proceedings for the annexation to the
City of Anaheim of the hereinafter inhabited territory were
had in conformity with and pursuant to the provisions of an
act of the Legislature of the State of California known as 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 all acts amendatory thereof and supplementary
thereto.
(b) That before any proceedings were commenced for
the annexation of said territory, the proponents of said annex-
ation 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 said inhabited
territory, more particularly hereinafter described, to the City
of Anaheim; that the City Council did thereupon refer said
application and request to the City Planning Commission; that
on the day of February 1972 the City Council
did receive from the City Planning Commissa,on its recommendation
approving the proposed annexation of said territory to said
City of Anaheim; that on the 15th day of February ,
19 7- 2-�-, after the receipt of the recommendation of tie City
Planning Commission, the City Council did give its consent to
the commencement of said proceedings for the annexation of said
territory to the City of Anaheim.
(c) That the proposal for the annexation of said
territory to the City of Anaheim has been submitted to the
Local Agency Formation Commission of the County of Orange and
has been approved by said Local Agency Formation Commission.
(d) That said proponents did, on the 5th day of
19 72 , publish a Notice of Int the ion to
Circulate a Petition relating to the Annexation of said terri-
tory to the City of Anaheim, a Municipal Corporation, and on
the 6th day of June , 1972 , said proponents did
fileiw th the City Clerk of the City of Anaheim a copy of the
said Notice of Intention to Circulate a Petition for the
Annexation to the City of Anaheim of the territory hereinafter
described, which notice contained the names of the proponents
intending to circulate the petition and a description of the
specific boundaries of the territory proposed to be annexed,
accompanied by a printed statement, not exceeding Five Hundred
(500) words in length, containing reasons for the petition,
together with an affidavit of the publication of said Notice
of Intention to circulate said petition.
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(e) That thereafter, to wit: on the 6th day
of June , 19 72 , said City Council adopted its
Resolution No. R-23' , in which it acknowledged receipt
of a copy of said notice of intention to circulate said petition,
in which it approved the intention of said proponents to circu-
late such petition.
(f) That thereafter, to wit: on the 6th day of
October , 19 72 , there was filed with the C ty Clerk of
the City o Anaheim a written petition signed by not less than
one-fourth (1/4) of the qualified electors residing within the
territory hereinafter described, as shown by the County Regis-
tration of Voters, containing a description of new territory
proposed to be annexed to the City of Anaheim, and asking that
said territory be annexed to the City of Anaheim, and containing
a request that the City Council of the City of Anaheim call a
special election to be held in said territory proposed to be
annexed to said City, giving the notice thereof as required by
law and submitting to the electors residing within said terri-
tory the question whether said new territory should be annexed
to, incorporated in, and made a part of the City of Anaheim,
and the property therein be, after such annexation, subject
to taxes equally with the property within said City, to pay its
pro rata portion, based upon assessed valuation, of all of the
bonded indebtedness of said City outstanding at the date of the
filing of said petition or theretofore authorized.
(g) That on the 11th day of November 11
19 72 , the City Council did truly assemble in pUblic session and
con des er said petition and did find that said petition was
signed by not less than one-fourth (1/4) of the qualified
electors residing within the territory hereinafter described,
as shown by the County Registration of Voters, and contained
a description of the territory proposed to be annexed to the
City of Anaheim, and requested that said territory be annexed
to the City, and the City Council did further find and determine
that said proponents had done and performed the acts and things
required to be done and performed by the Annexation Act of
1913, at the same time and in the manner as required by the
provisions of said act and that said petition was circulated
more than twenty-one (21) days after the publication of notice
of intention to circulate such petition and that it was signed
by not less than one-fourth (1/4) 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 its resolution, and did
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 did 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 was contiguous to the City of Anaheim.
(h) That on the 14th day of November ,
19 72 said City Council adopted its Resolution No. 7 R-541
where na. it declared its intention to call a special election
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trb submit thereat, to the electors residing within said terri-
tory, the question of whether said territory should be annexed
to, incorporated in and made a part of said City of Anaheim,
and the property therein be, after such annexation, subject
to taxation equally with the property within said City , to
pay its pro rata portion, based upon assessed valuation, of all
of the bonded indebtedness of said City outstanding or authorized
as of the date of the first publication of the notice of
special election, or theretofore authorized; that in said reso-
lution said City Council designated said territory as
MOHLER DRIVE ANNEXATION
as the name and words of identification by T#Iach said territory
should be referred to, and indicated upon the ballots to be used
at the election at which the question of annexation was to be
submitted. That by said resolution said City Council fixed
the 5th day of December , 1972 , at 1:30 o'clock
P. M., at the Council Chamber of t e. City Hall, est
L cin oln Avenue, Anaheim, California, as the day, hour and place
when and where any person owning real property within said terri-
tory and having any objections to the proposed annexation,
might appear before said City Council and show cause why such
territory should not be so annexed, and gave notice thereby to
all such persons owning such real property of such hearing.
Said resolution described the boundaries of said territory
so proposed to be annexed.
(i) That a copy of said Resolution No. 72R-541
was published once a week for two successive weeks prior to said
hearing in the Anaheim Bulletin , a newspaper of gen-
eral circulation, published in said City of Anaheim, there being
no newspaper published within said territory.
(j) That on the 5th day of December ,
19 72 at said Council Chi er of said City Ha 1,204 East
Lingo Avenue, Anaheim, California, the City Council of the
City of Anaheim did hold a public hearing or hearings to hear
all written protests theretofore filed objecting to the calling
of said special election for the annexation of said territory
hereinafter described, to the City of Anaheim.
(k) That at the conclusion of said hearing or
hearings said City Council found and determined that protests
were not made by owners of one-half (1/2) of the value of the
territory proposed to be annexed, as shown by the last equal-
ized assessment roll, or otherwise, and did further find that
the value of the territory proposed to be annexed does not equal
one-half (1/2), or more, of that within the City, as shown by
the last equalized assessment rolls, nor does the number of
qualified electors of the territory equal one-half (1/2) or
more, of the number of qualified electors within the City, as
shown by the County Registration of Voters, and thereupon, to
wit, on the 5th day of December , 19 72 , adopted its
Resolution No. 72R-574 calling a speciate election to be
held on the 13th day of February , 19 72 , and direct-
ing the City Clerk to give notice thereof by pu=fishing notices
thereof at least once a week for four (4) successive weeks
prior to the 13th day of February , 19 72 , in
the Placent Cai ourrier a newspaper of
general circulation, printed and published outside of the City
of Anaheim, but in the County of Orange, in which the territory
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so proposed to be annexed to the City of Anaheim is situated,
directing that such notice distinctly state the date of such
special election and the measure or proposition to be submitted
at such special election. That in said resolution said City
Council described the boundaries of said territory, establish-
ing one voting precinct(s.) for such election, which it desig-
nated as MOHLER DRIVE ANNEXATION
VOTING PRECINCT(S), and which precinct(s) included all of said
territory proposed to be annexed. By said resolution said City
Council also established a polling place within said territory
and designated election officials for said election, which
officials were qualified electors residing within said terri-
tory. By said resolution said City Council described the
ballots to be used in said election.
(1) That on January 18 , 19 73 ,
Januar 25 , 19 73 February,
1 , and February 8 , e City
Clergy the City of Anaheim gave notice of said election by
publishing notices thereof in the Placentia Courrier
, a newspaper of general circulation, printed
and p is a outside of the City of Anaheim, but in the County
of Orange, in which the territory so proposed to be annexed to
the City of Anaheim is situated. That in said published notices
of election said City Clerk declared that said election would
be held within said territory on the 13th day of February ,
19 73 , for the purpose of submitting to the electors
residing therein the question of whether the territory herein-
after described should be annexed to, incorporated in and made
a part of the City of Anaheim, and that after such annexation
such territory should be subject to taxation equally with the
property within said City of Anaheim to pay its pro rata por-
tion, based upon assessed valuation, of all bonded indebtedness
of said City of Anaheim outstanding on the 18th day of
January , 19 73 , or theretofore authorized. Said
notice contained a descrip it on of the boundaries of said terri-
tory and designated the same as
MOHLER DRIVE ANNEXATION
. Said notice set forth the question
to be placed on t e a lots to be submitted to the electors
at said election and gave instructions on the manner of voting.
Said notice described the voting precinct(s) theretofore estab-
lished by said City Council for the purpose of said election,
described the polling place(s) as
Delbert L. Creamer Premises
and gave the names of the election
officials and the time of opening and closing of the polls.
Said notice set forth the amounts of all bonded indebtedness of
said City of Anaheim already incurred and outstanding at the
first publication of the notice of election and at the time
of the filing of said petition for the annexation of said
territory to the City of Anaheim, the amounts of such bonded
indebtedness theretofore authorized and to be represented by
bonds thereafter to be issued, and the maximum rate of interest
payable on, or to be payable on, such bonded indebtedness,
together with the specifications of the improvements for which
such bonded indebtedness was incurred or authorized, the
description of which is the same as that set forth in Section
3 hereof.
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(m) That said election was duly held on the 13th.
day of February , 19 73 , within said territory at the
polling place here-to-Yo—re dese bir ed, pursuant to said Resolution
No. 72R-574 and in accordance with the provisions of
said Annexation Act of 1913, and all acts amendatory thereof and
supplementary thereto, and the election laws applicable thereto
and in accordance with the notices posted by said City Clerk.
(n) That upon the ballots used and submitted to the
electors at said election, in addition to other matters required
by law to appear thereon, was printed the following:
Shall
MOHLER DRIVE ANNEXATION
be annexed to the City of Anaheim,
California, and the property in said
MOHLER DRIVE ANNEXATION
be, after such annexation, subject to
taxation equally with the property within
said City of Anaheim, to pay its pro rata
portion, based upon assessed valuation,
of all bonded indebtedness of said City
of Anaheim outstanding on January 18 ,
19 73 , or theretofore authorized?
. YES
NO
(o) That immediately on the closing of the polls, the
judges and inspector of said voting precinct(s.) counted the ballots,
made up, certified and sealed the ballots and tally sheet of the
ballots cast at said polling place, and delivered said ballots,
tally sheet and returns to and deposited the same with said City
Clerk of the City of Anaheim.
(p) That said City Council did, at its next regular
meeting held not less than six (6) days nor more than seven (7)
days from and after the date of the election, to wit, on the
20th day of February , 1973 , meet and proceed to can-
vass said returns, and upon the same day completed such canvass
and immediately thereafter caused a record thereof to be made
and entered upon its minutes. That from its canvass of said
returns said City Council finds that the whole number of votes
cast at said election was 116 , including 3
absentee ballots; that the number o votes cast in said election
in favor of annexation of said territory to said City of Anaheim
was 71 ; that the number of votes cast in said
election against annexation was 45
SECTION 2.
That the City Council of said City of Anaheim does
hereby approve the annexation of said territory to said City
of Anaheim, a municipal corporation; that said territory is
hereby annnexed to and incorporated in said City of Anaheim;
that said territory is hereby accepted by said City of Anaheim
as a part of said City of Anaheim. That said territory hereto-
fore referred to, and which has heretofore been designated
by said City Council as
MOHLER DRIVE ANNEXATION
is situated within the County of Orange, State of California,
is unincorporated and is contiguous to said City of Anaheim and
the description and specific boundaries thereof are as follows:
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That parcel of land located in the County of Orange,
State of California, described as follows:
Beginning at a point in the existing City limit line of
the City of Anaheim, said point being the southeast
corner of the Santa Ana Canyon Annexation No. 2 to said
City; thence leaving the said City limit line and follow-
ing along a portion of the northerly right of way line
of Santa Ana Canyon Road the following courses and dis-
tances: (1) N 600 30' 02" E, 1,043.24 feet to the becgin-
ning of a tangent curve concave northwesterly and having
a radius of 1,950 feet; thence (2) Northeasterly along
said curve through a central angle of 140 43' 06" an arc
distance of 500.92 feet to a point, a radial line bearing
S 440 13' 04" E passes through said point; thence (3) S
380 38' 3011 E, 20.12 feet; thence (4) N 440 07' 42" E,
663.27 feet to the beginning of a tangent curve concave
southeasterly and having a radius of 5,050 feet; thence
(5) Northeasterly along last mentioned curve through a
central anale of 2° 45' 30" an arc distance of 240.71
feet; thence (6) N 46° 52' 12" E, 771.70 feet tangent to
said curve to a point; thence (7) S 300 42' 41" W, 335.17
feet leaving the northerly right of way line of said Santa
Ana Canyon Road to the northeast corner of that certain
2,2028 acre parcel of land shown on a Map of Survey record-
ed in Book 13, page 40, Records of Surveys, in the Office
of the County Recorder of said Orange Countv; thence (8)
S 000 01' 00" E, 98.44 feet to the northwest corner of
that certain 1.00 acre parcel of land shown on the above
mentioned Record of Surveys; thence (9) N 89° 54' 00" E,
264.20 feet to an intersection with the westerly line of
the land described in deed recorded July 18,1967, in Book
8314, page 249, Official Records of Orange County; thence
(10) S 00° 01' 00" E, 330.05 feet along the west line of
the land described in said deed to an intersection with
the south line of Tract No. 117, as shown on a map record-
ed in Book 11, page 15, Miscellaneous Maps, records of
said Orange County; thence (11) East 2,564.39 feet along
a portion of the south line of said Tract No, 117 to an
intersection with the easterly line of the land shown on
a Map of Survey recorded in Book 11, page 39, Record of
Surveys, in the Office of the County Recorder of said
Orange County, said line is also shown on a Map of Survey
recorded in Book 92, page 8, Record of Surveys, in the
Office of the County Recorder of said Orange County;
thence following along the line shown on the Map of Survey
recorded in Book 92, page 8, above mentioned, the follow-
ing courses and distances: (12) S 12° 44' 38" E, 1,210.83
feet; (13) N 77° 15' 22" E, 108.91 feet; (14) S 12° 44'
38" E, 226,08 feet; (15) S 160 43' 17" E, 659.11 feet;
(16) S 590 43' 271' W, 162.16 feet; (17) S 12° 44' 38" E,
859.08 feet to an intersection with the line shown on a
Map of Survey recorded in Book 91, paq_e 40, Record of
Surveys, in the Office of the County Recorder of said
Orange County; thence following along the line shown in
the last mentioned Record of Surveys, the following courses
and distances: (18) S 560 04' 55" W, 1,521.50 feet;
(19) S 290 44' 52" E, 84.16 feet; (20) S 550 20' 10"
---- W, 186.60 feet; (21) N 290 44' 35" W, 86.69 feet; (22)
S 560 07' 29" W, 267.03 feet to the point of intersec-
tion with the easterly boundary of the Anaheim Hills
No. 2 Annexation to said City, said point of intersec-
tion being at the southeasterly terminus of that certain
course described in said annexation as having a bearing
and distance of S 410 13' 00" E, 874.90 feet; thence
following along a portion of the last mentioned annexa-
tion boundary, the following courses and distances:
(23) N 410 13' 00" W, 874.90 feet; (24) N 700 52' 00"
W, 149.49 feet; (25) S 740 08' 20" W, 2,264.30 feet;
(26) S 650 40' 401" W, 1,689.20 feet to a point in the
southeast corner of the Santa Ana Canyon Annexation No.
1 boundary to said City; thence leaving the said Anaheim
Hills No. 2 Annexation boundary and following along a
portion of the Santa Ana Canyon Annexation No. 1 boundary
the following courses and distances: (27) N 10 27' 02"
W, 511.71 feet; (28) N 44° 34' 40°" TfT, 227.15 feet; (29)
N 00° 53' 401" [til, 312.78 feet; (30) S 62° 16' 25" W,
235.85 feet; (31) N 470 07' 05" W, 95.81 feet; (32) S
460 02' 38" W, 49.91 feet; (33) S 50 43' 02" E, 372.00
feet; (34) S 83° 43' 58" W, 298.91 feet; (35) N 300 32'
17" W, 273.87 feet; (36) N 4° 37' 37`° W, 763.61 feet;
(37) S 470 25' 17`" E, 199.92 feet; (38) N 27° 56' 031' E,
282.63 feet; (39) N 47° 56' 30" TY, 40.35 feet, more or
less; (40) N 110 33' 20" E, 660.00 feet, more or less;
(41) N 780 20' 35." W, 205 feet, more or less; (42) N
290 13' 15" W, 460 feet, more or less, to an intersection
with the northerly right of way line of Santa Ana Canyon
Road, said point of intersection being a point in the
southerly annexation boundary to said City, as established
by the aforementioned Santa Ana Canyon Annexation No. 2;
thence leaving the annexation boundary established by said
Santa Ana Canyon Annexation No. 1 and following along a
portion of the southerly annexation boundary established
by said Santa Ana Canyon Annexation No. 2 the following
course and distance: (43) N 600 30' 02" E, 1,359 feet,
more or less, to the point of beginning.
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SECTION 3.
That all of the bonded indebtedness of said City of
Anaheim outstanding on the 18thday of January 0119 73 , or theretofore authorized, is as fo lows:
1. 1951 Sewer Bonds, Series 20
Amount outstanding: $200,000.00
Maximum rate of interest: 1-3/4%
The improvement for which such bonds were issued and
such indebtedness incurred was to do construction
and improvement work on domestic sewer system of
the City of Anaheim and construction and improvement
work on the Joint Outfall Sewer System of Orange
County.
2. 1954 Municipal Improvement Bonds: Series 23
Amount outstanding: $525,000.00
Maximum rate of interest: 2-1/4%
The improvement for which said bonds were issued and
such indebtedness incurred was for the purpose of
the acquisition and construction of certain municipal
improvements.
3. 1960 Municipal Improvement Bonds "A", Series 24
Amount outstanding: $2,640,000.00
Maximum rate of interest: 3.6%
The improvement for which said bonds were issued and
such indebtedness incurred was for the purpose of
the acquisition and construction of certain municipal
improvements.
4. 1960 Park Site Acquisition and Improvement Bonds,
Series 26
Amount outstanding: $630,000.00
Maximum rate of interest: 3.6%
The improvement for which said bonds were authorized
was for the purpose of the acquisition and clearing
of real property for park sites and the acquisition and
construction of park improvements.
5. 1960 Municipal Improvement Bonds "B", Series 25
Amount outstanding: $810,000.00
Maximum rate of interest: 3.6%
The improvement for which said bonds were issued and
such indebtedness incurred was for the purpose of
the acquisition and construction of certain municipal
improvements.
6. 1960 Municipal Improvement Bonds "C, Series 27
Amount outstanding: $1,115,000.00
Maximum rate of interest: 3.3%
The improvement for which said bonds were issued and
such indebtedness incurred was for the purpose of the
acquisition and construction of certain municipal
improvements.
7. 1963 Municipal Improvement Bonds "A", Series 28
Amount outstanding: $3,960,000.00
Maximum rate of interest: 3.20%
The improvement for which said bonds were issued and
such indebtedness incurred was for the purpose of the
acquisition and construction of certain municipal
improvements.
8. 1963 Municipal Improvement Bonds "B", Series 29
Amount outstanding: $1,725,00.0.00
Maximum rate of interest: 3.9%
The improvement for which said bonds were issued and
such indebtedness incurred was for the purpose of the
acquisition and construction of certain municipal
improvements.
That the amount of bonded indebtedness above described
and the description thereof is the same as that described in
said notice of election and is the bonded indebtedness for which
said territory shall be subject to taxation equally with property
within said City of Anaheim, to pay its pro rate portion, based
upon assessed valuation.
SECTION 4.
The City Clerk of the City of Anaheim shall certify
to the passage of this ordinance and cause the same to be
published in the. Anaheim Bulletin , a newspaper of
general circulation, printed, published and circulated in the
City of Anaheim, and thirty (3.0) days from and after its final
passage, it shall take effect and be in full force.
SECTION 5.
That immediately upon this ordinance becoming
effective, the City Clerk of the City of Anaheim shall make,
under the seal of said City, and transmit to the Secretary of
State, a certified copy of this ordinance giving the date of its
passage.
THE FOREGOING ORDINANCE is approved and signed by me
this 27th day of February , 19 73 .
i
i
R OF THE CITY OF ANAHEIM
A ST:
C T CLERK OF THE CITY OF ANAHEIM
/kw -9-
STATE OF CALIFORNIA, )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, DENE M. DAOUST, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Ordinance No. 3136 was
introduced at a regular meeting of the City Council of the City
of Anaheim, held on the 20th day of February , 19 73 ,
and that the same was passe and adopted at a_regular meeting
of said City Council held on the 27th day of February ,
1973 , by the following vote of the members thereof:
AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and
Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Ordinance on the 27th day
of February , 1973
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 27th day
Of February 1973 .
1� , L
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original Ordinance No. 3136 and was -pub-
lished once in the Anaheim Bulletin on the 9th day of March, 1973.
9-4:2:�Z= �� - J)a-e-��
City Clerk