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HomeMy WebLinkAboutOrdinance 388 N.C.S. 05/06/1955ORDINANCE NO. 388 N. C: S. Introduced by Councilman W. C. BROWN Seconded by Councilman WALLACE A. ADAMS AN ORDINANCE APPROVING AN- NEXATION OF "UNINHABITED TER- RITORY KNOWN AS "MINOGUE ANNEXATION NO. 1" TO THE CITY OF PETALUMA, CALIFORNIA, BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF PETA_ LUMA AS FOLLOWS: Section 1. That the City Council hereby finds that on the 15th 'day- of March, 1955,'Marie Minogue and Elder Minogue filed with the City Council their petition requesting annexation of the territory herein described to be included in the City of Petaluma and that said persons mentioned above were, and are now, the owners of all said property, and all thereof is and was uninhabited. Section 2. 'That prior to filing said petition for annexation, the Boundary Commission of the County of 'Sonoma, !California, approved said petition with ; °respect to the definiteness and cer- tainty of the proposed boundaries shown.i_n said description and the map thereof submitted to said Commis- sion. Section 3. On March 21, 1955, the -City Council adopted Resolution No. 1463 N. Cl S. entitled, "Resolution :'Proposing Annexation of Property to be known as `Minogue Annexation No. '1 "', wherein it resolved that it was pproposed that the property herein- after described be annexed to the City of Petaluma; that the City Clerk cause a copy of said resolution to be pub- lished in the Petaluma Argus- Courier, '.a newspaper of general circulation, ,;published in this City, at least twice, but not oftener than once a week, 'and also cause a copy of said reso- lution to be published in the Press Democrat, a newspaper" published out- ,side of the City, but in the County of Sonoma, and that said publication shall be completed at least twenty (20) days prior_' to the date set for ,hearing said petition. Section 4. That said Marie Minogue and Elder Minogue have filed, with 'the City Council their agreement and consent that said territory to be an- nexed may be taxed . its proportion. ate share to pay any indebtedness or liability of the City of Petaluma con - tracted prior to or existing at the 'time of annexation. Section 5. That the City Clerk of the 'City of Petaluma caused a written ;notice of said property annexation to be mailed to each person to whom land within the territory proposed to be annexed is assessed, in the last equalized' County assessment roll available on the 'date the proceedings were initiated, of the address shown on said assessment roll' or as known to said clerk, and to any person who has filed his name and address and the designation of the lands in which he has any interest, whether legal or equitable, with said clerk. Section 6. That at 'the time and :id" day of May, 1955, at the 7:30 o'clock 'p. m. in 'the Chambers in the new City taluma; California, said hear - held, and no protests to said annexation were filed -add person appeared at said hall''to protest an- nexation. ` Section 7. That ,all of the *provisions . of the Annexation of the Uninhabited' ' - Territory Act of 1939 have Been. coin - plied with, and the Council hereby approves the . annexation to -the City of the property refeired,.to and de- scribed in said petition and known as, "Minogue Annexation No. 1" to the City of Petaluma, which said proposed annexation to the City, pursuant to said procedure`and.in this. ordinance; is situated in the County of Sonoma, State of California, `and the boundar- ies thereof are described as follows, to wit: _ ,' _ Lying, in Petaluma' Rancho. Town ship 5, north, Range ,7Fwest, M. D. B. and M. and being a• portion of Lot 7 of ` "Suburban Homes", as shown .. on map, recorded in Book- 32 ' 6f Maps at ',page, 18 Sonoma County Records and being more particularly described as fellows: Beginning at a point on the east- erly line of the City. of Petaluma from which point the northeast corner of Lot 1, McDowell Village Subdivision No. 1, as shown on map recorded in Book 66 of Maps at pages 25 and 26 Sonoma County Records, bears north 35 37' east 802.43 feet distant; thence from said point of beginning south 54 31' 30" east 737.65 feet to the westerly line of Lindberg Lane; thence along said westerly line south 34' 25' 30" west 260.0 feet; thence 54' 31' 30" west 742.29 feet to the east- erly line of the City of Petaluma aforesaid; thence along said easterly line north 35 27' east 259.96 feet to the point of beginning and con- taining 4.42 acres. Section 8. That upon. the effective date of this ordinance the City Clerk shall immediately prepare, under seal, a certified copy of this ordinance, giving the date of its passage, and transmit it to the Secretary of State. Section 9. That upon the eff -ctive date of this ordinance` or immediately thereafter the' Clerk shall, 'pur- suant to Chapter '8 of Title 5'..Divisinn 2, Part 1' of the Government Code file • certified copy of this ordinance and • map or plat describing„ the boun- daries of said annexation ordered herein with the County Assessor -of Sonoma County, and with the State Bnard of Equaiiratioin. ' Section 10. That; pu'r'suant to the re- autrements of Article 3, Chanter 1, Division, 1 of Title 4 of the Govern- ment Code, the City shall file with the Recorder of Sonoma County, one affidavit stating that all requirements of law oejtjii inq to the annex7t° n proceedings herein have been "comple ted, such affidavits to be accompanied by a certified copy of the boundary description as set forth. in this ordi- dance and by a map delineating the boundaries'' of said annexed pr'onerty. Ordered published this 2nd day of - . May, 1955. - AYES: Councilmen Adams. Bigelow, Brown, Gustafson, Norwood, ,Schwo- beda, and Mayor Schoeningh. NOES: None. ABSENT: None. Signed: VINCENT J. SCHOENINGH Mayor. Attest: GI ADYS. R-. WALLIN, City Clerk. t 7 1 I hereby certify that the within ordinance was published in full once in the Petaluma Argus - Courier, a daily paper of general circulation, published within the City of Petaluma to -wit: May 4, 1955, and that the said Petaluma Argus- Courier is the official newspaper of the City of Petaluma. I hereby certify that the whole number of members of the Council of the City of Petaluma is seven, and that the foregoing ordinance was passed by the Council at its meeting of the 6th day of May, 1955, by the fol=lowing vote,. to -wit: AYES: Councilmen Adams, Bigelow, Brown, Gustafson, Norwood, Schwobeda and Mayor Schoeningh. NOES: None. ABSENT: None ATTEST (SEAL) ity Clerk The foregoing Ordina-rice Number 388 N . C . S , ' having been regularly passed and- presented tome this 6th day of May, 1955 is hereby approved by me this 6th day of May, 1955. EFFECTIVE DATE: June 5,.1,955. Mayor. 1