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HomeMy WebLinkAboutOrdinance 389 N.C.S. 05/06/1955�j MEN 1 ORDINANCE NO. 389 N. C. S. Introduced by Councilman P. DOUG - LASS SCHWOBEDA Seconded by Councilman ALBERT J. BIGELOW AN ORDINANCE APPROVING AN- NEXATION OF UNINHABITED TER- RITORY KNOWN AS "KRESKY AN- NEXATION NO. 1 TO THE CITY OF PETALUMA, CALIFORNIA. BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. That the City Council hereby finds that on the 7th day of March, 1955, Dominick F, Pastore, An. astasia T. Pastore, T. 1. Kresky and Geraldine Kresky; his wife, filed with the City Council their petition re- questing annexation of the territory herein described to ber'included, "in the City of Petaluma and that. said .per- sons mentioned above were, and are now, the owners of all said property; and all thereof is and 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 in said description and the map . 'submitted to said Commission. Section 3. On March 21, 1955, the 'City Council adopted Resolution No. 1462 N. Cl S. 'entitled, "Resolution Proposing Annexation of Property to be known as `Kresky Annexation No. 1' ", wherein it resolved that it was proposed that tlie property herein - after described be annexed to the City of Petaluma; that the City Clerk cause a copy of said resolution to be published in the Petaluma Argus- Courier, a newspaper of general cir- culation, published in this City, at least twice but not. oftener than once a week, `and also cause a:'copy of said resolWon 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 Dominick F. Pastore, Anastasia T. Pastore, T. I. Kresky and Geraldine Kresky, his- .wife, have filed with the City Council , their agreement and consent that said territory to be annexed may be taxed ,its proportionate share. to pay any ;indebtedness or liability of the City of Petaluma contracted .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 avail - able on the date the proceedings were initiated, at 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 hits any interest, whether legal or equitable, 'with said clerk. Section 6. That at, the time and place' set for hearing protests, namely, on the 2nd day of May, 1955, at the hour • of, 7:30 o'clock p. m. in the . Council Chambers in the new City Hall, P.etahuna, California, said hear- ing was :held, -and, no .protests•,to said annexation • were' filed and no'person appeared at said hall to protest annex- ation. Section 7. That all. of the provisions of the Annexation_ of the Uninhabited Territory Act of 1939 have been com- plied with, and the Council hereby approves the annexation to Alie City of the property referred to - arid de- scribed in said. petition and known as, "Kresky Annexation No, 1 ", to the City of Petaluma, which- said'proposed annexation to the City; tpursuant 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'foliows, to wif :" , Lying in Petaluma>.Rancho.:'Town- ship 5% north, Range 7 west, M_ . D. B'.. and M. and being Lots 8 and 9; "Suburban Hoiaes ", as - shown on map, recorded in Book 32 of Maps at page 18 Sonoma County Records and being more particularly de- scribed as follows: Beginning at the northeast corner of Lot 1 McDowell Village Subdivi- sion No. 1, as shown on map, re- corded in Book 66 of Maps at pages 25 and 26 Sonoma County Records, said point being marked by a 6" x 6" concrete monument on the southerly line of McDowell road; thence from said point of beginning and along said southerly line south 54' 31' 30" east 723.28 feet: to the westerly line of Lindberg Lane; thence along said westerly line south 34' 25' 30" west 802.56 feet; thence north 54 31' 30" west 737.64 feet to the easterly line of the City of Petaluma; thence along said east- erly line Borth 35° 27' east 502.43 feet to the point of beginning and containing 13.45 acres. Section 8. That upon the effective datee 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 effective date of this ordinance or immediately thereafter the City Clerk shall, pur- suant to Chapter 5 of Title 5, Division 2, Part 1 of the Governnient Code, file a certified copy of . this ordinance and a map or plat describing_ the boundaries of said annexation ordered herein with the County Assessor of Sonoma County, and with the State Board of Equalization. Section 10. That, 'pursuant to the requirements of Article . 3, Chapter 1, Division 1 of Title 4 of the Govern- ment Code, the City shall file' with the Recorder of Sonoma'County, one affi- davit stating that all requirements of law pertaining to the annexation pro- ceedings herein have been completed, such affidavits to be accompanied by a certified copy of the boundar =y de- scription as set forth in this ordinance and by a map delineating 'the boun- daries of said annexed property. 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: G_ LADYS R. WALLIN, 'City Clerk. 6 sash r 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 following vote, to -wit: AYES: Councilmen Adams, Bigelow, Brown, Gustafson, Norwood., Schw.obeda and Mayor Schoeningh. NOES: None:' ABSENT N.on e. ATT EST':' (SEAL) Ct Clerk The f or:e.going >: Ordinance Number 389 N . C . S . , having-been regularly passed and prbsented to me this 6th day of May, 1955, is hereby approved by me this 6th day of P.4ay, 1955. EFFECTIVE DATE:, June 5, 1955. �ror