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HomeMy WebLinkAboutOrdinance 427 N.C.S. 02/20/19561 1 ORDINANCE NO. 427 N. C., S. Introduced by Councilman JOHN J. KING Seconded by Councilman W. C. BROWN AN ORDINANCE APPROVING AN- NEKATION OF UNINHABITED TERRITORY KNOWN- AS THE "GUTERMUTE ANNEXATION" TO THE CITY OF PETALUMA, CALI- FORNIA. BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF PETALUM A AS FOLLOWS: Section 1. That the City Council hereby finds that on the 6th day of December 1955, Stella Genevieve Von Arx, John lti. Gutermute Jr., Marie Pauline Converse, Carlisle Smith Gutermute, Donald B. Dunwoody, Earl E. Swanson and Harold D. Cutler filed with the City Council their petition requesting annexation of the territory herein described to be in- cluded in the City of Petaluma acid that said persons mentioned above were and are now the owners of all of 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- tahit.y of the pro)osed boundaries shown in said description and the map thereof submitted to said Com- mission. Section 3. On December 19, 1955, the City Council adopted Resolution No. 1601 N. C.. S. entitled. "Resolution Proposing Annexation of Uninhabited Territory to the City of Petaluma to be • Known , as `Gutermute Annexa- tion"': wherein it resolved that it was proposed that•the property here- inafter, cescribed 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 ]cast twice. but not oftener than once,a week, and also cause a copy nr said resolution to be published in i,the Press Democrat, a newspaper pub- lished outside of the City, but in the County of Sonoma. and that said pub - lication shall be completed at least s tc , y (20) clays prior to the date set for bnaring said petition. Section 4. That said Stella Genevieve Von. Arx, John 14I. Gutermute. Jr., ;Aerie Pauline Converse, Carlisle Smith Gutermute, Donald B. Dun - woody, Earl E. Swanson and Harold D. Cutler have filed with the City Council their agreement and consent . that said territory to be annexed may be taxed its proportionate share to nay any indebtedness or liability of the City of Petaluma contracted, prior to or existing at the 'time of 'annexa- tion. Section 5. That said property, here- inafter described, shall become a part of. the .Petaluma City (Elementary) School District. Section 6. That the City Clerk of the City of Petaluma caused a writ- ten 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, iat 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 7. That at the time and place set for hearing protests, name- l on the 6th day of February. 1956. at the hour of 7:30 o'clock p. m. in the Council Chambers in the City Hall, Petaluma, California, said hear- ing was held, and no protests to said annexation were 'filed and no- person appeared' at said' hearing to protest said annexation. Section 8. 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 the City of the property referred to and de- scribed in said petition and known as, "Gutermute .Annexation ", to the City of Petaluma, which said proposed annexation to the City,-.pursuant to said procedure and. in this ordinance, is situated in the of Sonoma, State of California, and,the boundar=: ies thereof_ irb,d'escribed as follows, to wit: Lying in Petaluma - Rancho Town - ship 5 North, Range 7 West M. D. B. & M: and being a. portion of Lots ' a 219 and •224 as, shown 'on Map of Sur- vey. `,by . W. Rowe and' recorded in Book 21 —of Maps at;•.page V' Sonoma ._ County Records, and.being more par- _ titularly described as follows: Beginning at the most southerly- corner "of said Lot 219 on the north- erly side of'McDoweli Road; thence from said point of beginning and along the easterly line of Lots 219 and 224 north" .35° ..30' •east, 2462.10 feet; thence north 54° 30' west, 101:05 feet; thence south .80° 57' west, 933.39 feet; thence south 85° 21' west, 322.67 feet; thence south 79° 15' west, 833.79 feet; thence south 87° 39' west, 666.70 feet; thence north 54° 30' west, 58.56 feet; thence along City Limit line south 35° 36' west, 588.81 feet; thence south 54° 31' 30" east 58.56 feet; thence south 35° 36' west, 80.0 feet; thence south 54 31' 30" east, 1162.0 feet; thence north 35° 28' 30" east, 844.21 feet; thence south 54° 31' 36 "'east 855.00 feet; thence south 35° 28 west, 764.21 feet to the north - erly line of McDowell Road afore- mentioned; thence along said north- erly line south 54° 31' 30" east 100.0 feet to the point of beginning and containing 62.66 acres. Section 9. 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 10. That upon the effective elate of this ordinance or immediately thereafter the `City Clerk shall, pur- suant to Chapter 8 of Title 5,' Division 2, Part 1 of the Government 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 11. That, pursuant to the requirements of ,Article 3, Chapter 1, Division 1 of Title 4 of the Govern- ment Code, the City Clerk shall file with the Recorder of Sonoma County; one affidavit stating ;that all require- ments of law pertaining to the an- nexation proceedings herein have been completed, such affidavit to be accompanied by a certified copy of the boundary description as set forth in this ordinance and by a map de- lineating the boundaries of said an- nexed property. Ordered published this 6th day of February, 1956. AYES: Councilmen Brown, Gustaf- son, King, Norwood, and Mayor Schoeningh. NOES: None. ABSENT: Councilmen Adams, and Bigelow. Signed VINCENT J. SCHOENrNGH Mayor (SEAL) Attest: GLADYS R. WALLIN City Clerk /Z 6 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: February 11, 1956, 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 pssed by the Council at its meeting of the 20th day of February, 1956, by the following vote, to -wit: AYES: Councilmen Adams, Bigelow, Brown, Gustafson, King,. Norwood and Mayor Schoeningh. NOES: None. ABSENT: None. ATTEST: _ GC (SEAL) ity Clerk The foregoing Ordinance Number 427 N. C. S., having been regularly passed and presented to me this, 20th day of February, 1956,, is hereby approved by me this 20th day_of February, 1956. EFFECTIVE DATE: March 21, 1956. Mayor. 1 7