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HomeMy WebLinkAboutCC RES 441RESOLUTION NO. 441 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN DECLARING ITS INTENTION TO CALL A SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS RE- SIDING IN THE HEREINAFTER DESCRIBED TERRITORY THE QUESTION OF ANNEXATION OF SAID TERRITORY TO THE CITY OF TUSTIN. WHEREAS, ROBERT L. STEVENS, JOHN A. SIEGEL, HENRY V. EASTMAN, HAZEL J. EASTMAN, ALBERT E. FARNSWORTH, W. R. NELSON, W~'~LTER W. PERSHALL, HARRY LOUIS HANSON, JR., ARNOLD V. IVERS, ARLEY E. BEESON, HAROLD D. CARSON, ROGER A. WILLIAMS, EUGENE E. JACOBSON, HAROLD H. JACOBSON, MRS. CLIFF EVERMAN, D. W. TUBBS, NORMAN M. VEEH, WILBUR S. VAUGHAN, DONALD E. BROWN and H~ROLD R. BRUCE filed a written request with the City Council of the City of Tustin requesting the consent of the City Council to the commencement of proceedings for the annexation of certain inhabi- ted territory more particularly hereinafter described, to the City of Tustin, pursuant to the provisions of the Annexation Act of 1913 (Title IV, Division 2, Part 2, Chapter l, Articles I to 4 inclu- sive, of the Government Code of the State of California); and WHEREAS, the request of said proponents was referred to the Planning Commission of the City of Tustin, and said Planning Commission did. make its report and recommendations concerning said request; and WHEREAS, on the 15th day of April, 1958, 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 Tustin 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 reported upon the petition or proceedings within twenty (20) days after it was submitted to it; and WHEREAS, said City Council did, on the 15th day of April, 1958, adopt Resolution No. 437, giving its consent to the commencement of said annexation proceeding and approving the circulation of a petition for the annexation of said territory to the City of Tustin; and WHEREAS, on the 24th day of April, 1958, said proponents did publish a notice of intention to circulate a petition for the annexation of the hereinafter described property to the City of Tustin, and within ten (10) days thereafter did file with the City Clerk of the City of Tustin a copy of such notice of intention to circulate a petition for the annexation to the City of Tustin of said territory, which notice contained the names of the proponents intending to circulate the petition and 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; and WHEREAS, wi thin 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 25th day of April, 1958, adopt Resolution No. 438 finding and determining that it would be to the advantage and for the best interests of the City of Tustin and the qualified electors residing within the hereinafter described territory to approve the circulation of a petition for the annexation of said. territory to the City of Tustin, and did.. thereupon approve the circulation of said petition; and WHEREAS, on the 13th day of June, 1958, the City Council did receive a 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 Registration of Voters, contain- lng a description of the new territory proposed to be annexed to the City' of Tustin and asking tt~at said territory be annexed to · the City; and City Council does find and determine 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 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 is 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 Tustin 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 sai8 City of Tustin did not form a part of any otis_er city or municipal corporation, and that said territory was, at the time of the filing of said petition, inhabited territory and is contiguous to the City of Tustin; and WHEREAS, the City Council does further £ind that it would be to the advantage and for the best interests of the City of Tustin and the residents thereof, and the qualified electors residing within the territory proposed to be annexed,as hereinafter more particularly described, to submit the questi~.on of said annexation of said territory to the City of Tustin to the electors residing wi thin 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 Tustin shall be submitted to the electors residing within said. territory, and that an appropriate designation for such territory is THE GREATER TUSTIN ANNEXATION; 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 Tustin 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' DESCRIPTION FOR Tt'tE "GREATER TUSTIN ANNEXATION" TO THE CITY OF TUSTIN, CALIFORNIA Beginning at an angle point in the existing boundary 1. ine of the City of Tustin, California, said point being the intersection of a line parallel with and 50.00 feet Easterly, mea.~ured at right angles from the center line of Tustin Avenue with a line parallel with and 540.00 feet Northerly, measured at right angles from the center line of First Street; thence Westerly along the Westerly prolongation of said line parallel with the center line of First Street, 20.00 feet, to an intersection with a line parallel with and 30.00 feet Easterly, measured at right angles to the center line of Tustin Avenue; thence Northerly along said para].lel line, and along the present City' Limits of the City of Santa &na, the following courses, 5841 feet, more or less to the Southerly line of Lot No. 5~ of the Felipe Yorba Tract~ as shown on a map thereof~ Recorded ."in Book ~, page 206, Miscellaneous Records of Los Angeles County, California; thence Easterly along said. SOutherly line of Lot No. 5, 557 feet, more or less, to the West line of the East one-half of said Lot No. 5; thence Northerly along said West line and the Northerly prolongation thereof, ?~+1 feet, more 'or less to an intersection with a line parallel with and. 25.00 feet Northerly, measured at right angles to the center line of Seventeenth Street; thence Wester].y along said. parallel line 520 feet, more or less~ to the Easterly line of Realigned Tustin Avenue, (80.00 feet in width); Northerly of Seventeenth Street; thence Northerly along said Easterly line, 1~ feet, more or less, to an intersection with a line parallel with and ~0.00 feet Northerly, measured at right an$1es to said center line of Seventeenth Street; thence Westerly along said parallel line, 490 feet, more or less, to an intersection with a line parallel with and 30.00 feet Easterly, measured at right angles to the center line of 01d Tustin Avenue; thence leaving said Santa Aha City Limits, Northerly a]..ong said parallel line, 1280 feet, more or less, to the Westerly prolongation of the Southerly line of Lot 12, Block B, of the A. B. Chapman Tract, as shown on a map thereof~ as surveyed by Frank Lecouvreur~ December, 1870; thence Easterly a].ong said Westerly prolongation and said Southerly line, 1290 feet, more or' less, to the Southeasterly corner of said Lot 12; thence Southerly along the Westerly line of Lot 14, Block B of said A. B. Chapman Tract and. the Southerly . prolongation thereof, 1345 feet, more or less to an intersection with a line parallel with and 25.00 feet Southerly, measured at right angles to the center line of Seventeenth Street; thence Easterly along said parallel line, 320 feet, more or ].ess to an intersection with a line parallel with and 20.00 feet Westerly, measured at right angles to the center line of Yorba Street; thence Southerly along said parallel line, 2176 feet, more or less to the Southerly line of Lot No. 3 of the aforementioned Felipe Yorba Tract; thence Westerly along said Southerly line of Lot No. 3, 567 feet, more or less to the West line of the East 10.00 acres of Lot No. 2 of said Felipe Yorba Tract; thence Southerly along said West line and the West line of the East 10.00 acres of Lot No. 1 of said Felipe Yorba Tract, 1485 feet, more or less to the Southerly line of said Lot No. 1; thence Easterly along said Southerly line of Lot No. 1, ~67 feet, more or less, to an intersection with a line parallel with and 20.00 feet Westerly, measured at right angles to the center line of Yorba Street; thence Southerly along said parallel line, 3]-1 feet, more or less, to the Westerly prolongation of the Northerly line of Lot 8 of the Tomas Yorba Tract, as shown on a Record of Survey Map, recorded in Book 1, page 33, Records 9f Surveys, Orange County, California; thence Easterly. along said Westerly prolongation and said Northerly line of Lot 8, 1180 feet, more or less, to the Westerly line of the land allotted to Teodocio Yorba in Decree of partition of the Rancho Santiago De Santa Aha, Recorded in Book "B" of Judgments of the l?th Judicial District Court of Los Angeles County, California; thence Northerly along said Westerly line, 398 feet, more or less to a point, said. point being 717.66 feet Northerly of and measured along said Westerly line of the Teodocio Yorba Allotment from the Northwest corner of Tract No. 358, as shown on a map thereof, recorded in Book 14, page ~1 of Miscellaneous Maps, Records of Orange County, California; thence Easterly, in a direct line, 1219 feet, more or less to a po~int in the center line of Prospect Avenue, said point being 720.46 feet Northerly, measured along said center line of Prospect Avenue, from the,:Northeasterly corner of Tract No. 1837, as Shown on a map thereof, recorded in Book 73, page 26 of Miscellaneous Maps, Records of Orange County, California; thence continuing Easterly along the Easterly prolongation of the a~fore- mentioned course, 25 feet, more or less to a line parallel with and 2~.00 feet Easterly, measured at right angles to the center line of said Prospect Avenue; thence Northerly along said parallel line, 2497 feet, more or less, to the Easterly prolongation of the Southerly line of Tract No. 2564, as shown on a map thereof, recorded in Book 74, pages 23 and 24 of Miscellaneous Maps, Records of Orange County, California; thence Westerly along said Easterly prolongation and said Southerly line, 619 feet, more or less, to the Southwesterly corner of said Tract No. 2564; thence Northerly, along the Westerly,~ line of said Tract No. 2564, 586.7 feet, more or less, 'to the North- westerly corner of said Tract No. 2564; thence Easterly, ~long the Northerly line of said Tract No. 2564 and the Easterly prolongation thereof, 619 feet more or lesS, to an intersection with a line parallel with and 25.00 feet Easterly, measured at.right angles, to the center line of Prospect Avenue; thence Northerly along said parallel line, 531 feet, more or less, to an intersection with a line parallel with and 25.0'0 feet Southerly, measured at right angles to the center line of Seventeenth Street; thence Easterly along said parallel line, and the Easterly prolongation thereof, 6323 feet, more or ]_ess to an intersection with a line parallel with and 30.00 feet Southeasterly, measured at right ang].es to the center line of Newport Avenue; thence Northeasterly along said parallel line 170 feet, more or less to the Northwesterly prolongation of the Northeasterly l~.ne of Lots 1, 2 and 3 of Tract No. 1.534, as shown on a map thereof, recorded in Book 45, page 22 of Miscellaneous Maps, Records of Orange CoUnty, California; thence Southeasterly along said Northwesterly prolongation, said Northeasterly line, the Southeasterly prolongation thereoF, and the Northeasterly line of Tract No. 1580, as shown on a map thereof, recorded in Book 46, page 23, of Miscellaneous Maps, Records of Orange County, California, 1131 feet more or ]..ess to the most Easterly corner of said Tract No. 1580; thence Southwesterly along the Southeasterly line of said Tract No. 1580 and the Southwesterly prolongation thereof, 690 feet, more or ].ess to an intersection with a line parallel with and 30.00 feet Southwesterly, measured at right angles to the center line.of Southeast Skyline Drive; ' I thence Southeasterly along said parallel line, and the Southeasterly prolongation thereof, 2595 feet, more or less to the Southeasterly line of that portion of Skyline Drive, (40.00 feet in width), that runs in a general Easterly direction from the aforementioned course; thence generally'. Easterly along said Southeasterly line, 2000 feet, more or less, to the Northeasterly line of Lot 318, Block 13, of Irvine's Subdivision as shown on a map thereof, recorded in Book 1, page 88 of Miscellaneous Maps, Records of Orange County, California; thence Southeasterly along said Northeasterly line of Lot 318, 460 feet, more or less to an intersection with a line parallel with and 20.00 feet Northwesterly, measured at right angles to the center line ,. of Browning Avenue; thence Southwesterly along said parallel line, 660 feet, more or less to the Northeasterly line of Tract No. 2943, as shown on a map thereof, recorded in Book 98, pages 38 to 41, Mi scel- laneous Maps, Records of Orange County, California; thence Southeasterly along said Northeasterly line of Tract No. 2943., 681 f~eet more or less to the most Easterly corner of said Tract No. 2943; thence Southwesterly along the Southeasterly li:ne of said Tract No. 29~7, the Southeasterly line of Tract No. 2942, as shown on a map thereof, recorded in Book 91, pages 46 and 47 of Miscellaneous Maps, Records of Orange County, California, the Southwesterly prolongation thereof, the Southeasterly line of Tract No. 2939, as shown on a map thereof, recorded in Book 102, pages 30 and 31 of Miscellaneous Maps, Records of Orange County, California, and the Southeasterly line of Tract No. 3119, as shown on a ~nap thereof, recorded, in Book 102, pages 32 and 33 of Miscellaneous Maps, Records of Orange County, California., 4572 feet, more or less to an intersection with a line parallel with and 50.00 feet Northeasterly, measured at right angles to the center line of Irvine Avenue; thence Northwesterly, along said parallel line, 700 feet, more or less to an intersection with a line parallel with and 40.00 feet Northwesterly, measured at right angles to the center line of Browning Avenue; thence Southwesterly along said parallel line, 2659 feet, more or less to an intersection with a line p~.rallel with and 33.00 feet Northeasterly, measured at right angles to the center line of Bryan Avenue; thence Northwesterly along said parallel line, 1941 feet, more or less to the Southwesterly prolongation of the Northwesterly line of Tract No. 1737, as shown on a map thereof, recorded in Book 49, page 43 of Miscellaneous Maps, Records of · Orange County, California; thence Northeasterly along said South- westerly prolongation, said Northwesterly line, and the Northeasterly prolongation thereof, 1321 feet, more or less, to the Northes. sterly line of the Atchison, Topeka and Santa Fe Railroad Right of Way; thence Northwesterly along said Right of Way, 627.4 feet, more or less to an intersection with a line parallel with and 33.00 feet Southeasterly, measured at right angles to the center line of Red Hill Avenue; thence Northeasterly, along said parallel line, 1351 feet, more or less to an intersection with a line peralIel ,. with and 30.00 feet Northeasterly, measured at right angles to the center line of Irvine Avenue; thence Northwesterly along sai8 parallel ~line, 2388 feet, more or less to the Northeasterly prolongation of the Northwesterly line of the Southeasterly 1032.8 feet of Lot 1, Block 12, of the aforementioned Irvine's Subdivision; thence Sout'hwesterly along said Northeasterly prolongation and said Northwesterly line, 560 feet, more or less to an intersection with a.line parallel with and 130.00 feet Northeasterly, measured at right angles to the Southwesterly line of the Northeasterly one-half of said Lot 1; thence Northwesterly along said. para].lel line, 237 feet, more or less to an intersection with a line parallel with and 5'0.00 feet Southeasterly, measured at right angles to the Northwesterly line of said. Irvine's Subdivision; thence Northeasterly along said parallel line, 890 feet, more or less, to the Southeasterly prolongation of the Southwesterly line of the ].and described as Parcel l, in a deed to the Southern California. Baptist Convention, recorded February 5, 1957, in Book 3792, page 365 of Official Records, Records Orange County, California.; thence Northwesterly along said South- easterly prolongation and said Southwesterly line, 664 feet, more or less, to the Southerly line of Lot 26, as shown on the Supplementary Map of the Vanderlip and Rowan Tract, Recorded in Book 17, page 73, of Miscellaneous Records of Los Angeles County, California; thence Westerly along said Southerly line of Lot 26, 249 feet, more or I ess, to the Easterly line of the Southern Pacific Railroad Right of Way; thence Northerly along said Easterly line, 688 feet, more or less to an intersection with a line parallel with and 33.00 feet Northerly, measured at right angles to the center line of Warren Avenue; thence Westerly along said parallel line, 740 feet, more or less to an intersection with a line parallel with and. 40.00 feet Westerly, measured at right angles to the center line of Holt Avenue; thence Southerly, along said parallel line, 2155 feet, more or less, to the existing boundary line of the City of Tustin, California.; thence in a general Westerly direction, along said existing boundary of the City of Tustin to the point of beginning. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin that it does hereby declare its intention to call a special election 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 Tustin; and BE IT FURTHER RESOLVED that the territory so proposed to be annexed shall be designated as "THE GREATER TUSTIN ANNEXATION"; and BE IT FURTHER RESOLVED that the 21st day of July, 1958 at the hour of 7'30 o'clock P. M. in the City Council Chambers of the City Hall in the City of Tustin, located at 145 West Third Street 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 Tustin 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 date, at said hour and place to show cause, if any they have, why such territory should not be so annexed, and. all such persons ~.~re 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 Tustin, or any protests against the annexation of said territory to the City of Tustin must be in writing and may be filed with the City Clerk of the City of Tustin at any time not later than the hour and date set forth herein for the hear- lng of objections to said election. AND BE IT FURTHER RES~.)LVED that the City Clerk of the City of Tustin be, and he is hereby suthorized and directed to cause a copy of this resolution to be published a.t 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 annexation of said territory to the City of Tustin in THE TUSTIN NEWS~ a newspaper of general circulation printed, published and circulated in the City of Tustin~ County of Orange~ State of California. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular ~djourned meeting thereof held on the 13th day of June, 1958. MA~~R OF THE CITY OF ~USTIN .... :- 'C'I'TY CLERK' OF' THE CITY OF TUSTIN STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN A. 0. PARK, City Clerk and Ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of members of the City Council of the City of Tustin is five; tha. t the foregoing resolution was passed and adopted by a majority of the said City Council at a regular adjourned meeting thereof held on the 13th day of June, 1958, by the following vote- AYES- Counc i lmen _ KIDD,_ TADLOCK ,_ _HUMESTON ,_._BA_._CON ..,~ BYe.. D_ ..... _ ...... NOES' Councilmen NONE ABSENT' Councilmen NONE - - - __ -_. -_ -- -. ._ ~ ~__ - .... -,, , --- u~ - _ __ ~: _-:: ~ ..... Dated' June 13, 1958. City Clerk- of~bhe City of Tustin, California.