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HomeMy WebLinkAbout6742 - Moden Annexation 59g � , TLWaaem 4/4/68 ;-'_^. RESOLUTION NO. ,6742 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CALLING-FOR A SPECIAL ELECTION TO BE HELD ON THE 21ST DAY OF MAY, 1968, PERTAIN - ING TO.THE ANNEXATION OF THE TERRITORY KNOWN AS MODEN ANNEXATION NO, 59- TO.THE CITY OF NEWPORT BEACH WHEREAS, by Resolution No. 6709 adopted February 26, 1968, the City Council of the City of Newport Beach declared its intention to call a special election to be held on the 18th day of June, 1968 in certain inhabited territory contiguous to said city proposed to be annexed to said city, for the purpose of sub- mitting to the qualified electors residing in said territory the question whether or not said territory shall be annexed to said city and further declared that March 25, 1968 at 7030 p.m. was the date and time when property owners could file their protests to the proposed annexation; and WHEREAS, a copy of said resolution was published as required by law; and WHEREAS, the California Government Code, Section 35122, requires that the election shall be held not sooner than 54 days and not later than 75 days after the termination of the hearing on protests; and WHEREAS, at the time set by said resolution for hearing objections to the proposed election, no written or oral protests were made by any of the owners of property located within the territory proposed to be annexed as prescribed in the Annexation Act of 1913; and WHEREAS, by Resolution No. 6727 adopted March 25, 1968, the City Council declared that a majority protest had not been made by the owners of property located within the territory pro- posed to be annexed; and WHEREAS, all proceedings have been had in accordance with said Resolution No. 6709 and the Annexation Act of 1913, reference thereto being made for further particulars; NOW, THEREFORE, BE IT RESOLVED as follows. SECTION 1. A special election is hereby called, to be held on the 21st day of May, 1968, in the territory hereinafter described and proposed to be annexed to the City of Newport Beach, for the purpose of submitting to the qualified electors residing in said described territory the question of whether or not such ter- ritory shall be annexed to, incorporated in, and made a part of the City of Newport Beach, and whether or not the property in said ter- ritory shall, after such annexation, be subject to taxation, equally with the property presently within the City of Newport Beach, so as to pay the entire bonded indebtedness of the City of Newport Beach outstanding or authorized at the date of the first publication of the Notice of Election for annexation, for the acquisition, con- struction or completion of municipal improvements. The specific description of the boundaries of said ter- ritory to be annexed is attached hereto marked Exhibit "A" as shown on a map attached hereto marked Exhibit "B ", each of said exhibits be reference thereto being made a part hereof. Said territory is designated and identified for said election purposes and for use upon the ballots at said election as "Moden Annexation No. 59 ". SECTION 2. TIME OF OPENING AND CLOSING OF POLLS. The polls at said election shall be opened ,,at 7 o'clock a.m. of the day herein fixed for the holding of said election and shall be kept open until 8 o'clock p.m. of the same day, when the polls shall be closed. 2. SECTION 3. BALLOTS. Upon the ballots to be used at said election there shall be printed the words: SHALL THE TERRITORY KNOWN AS MODEN ANNEXATION NO. 59 BE ANNEXED TO, INCORPORATED IN AND MADE A PART OF THE CITY OF NEWPORT BEACH AND THE PROPERTY IN SUCH TERRITORY BE, AFTER SUCH ANNEXATION, SUBJECT TO TAX - ATION EQUALLY WITH THE PROPERTY PRESENTLY WITHIN THE • CITY OF NEWPORT BEACH, SO AS TO PAY THE ENTIRE BONDED INDEBTEDNESS OF THE CITY OF NEWPORT BEACH OUTSTANDING OR AUTHORIZED AT THE DATE OF THE FIRST PUBLICATION OF THE NOTICE OF ELECTION FOR ANNEXATION FOR THE ACQUISI- TION, CONSTRUCTION OR COMPLETION OF MUNICIPAL IMPROVEMENTS? 2. d' I 1 0 Opposite these words there shall be printed the words "Yes" and "''No ", and to the right of each of these last two words there shall be a voting square. If an elector shall stamp a cross ( +) in the voting square after the printed word "Yes" the vote of such elector shall be counted in favor of the annexation of said territory to the City of Newport Beach; and if an elector shall stamp a cross ( +) in the voting square after the printed word "No" the vote of such elector shall be counted against such annexation. In all particulars not herein recited said election shall be held in conformity, as near as may be, with the laws of the State of California concerning general elections and with said Annex- ation Act of 1913. SECTION 4. (a) For the purpose of said election there hereby is established in the territory described herein one (1) voting precinct, which shall include all of said territory, to be designated Precinct "1 ", consisting of a portion of County Pre- cinct No. 51 -059. The following is the polling place of said election precinct and the following named persons are hereby named officers of election and shall constitute the board of elec- tion for such election precincts Polling Places Harper residence 458 Francisco Drive Newport Beach, California Inspectors Mrs. Frances J. Smith 2082 Centella Newport Beach, California Judges Mrs. Margaret M. Harper 458 Francisco Drive Newport Beach, California Clerks: Mrs. Katherine R. Anderson 2135 Bayport Way Newport Beach, California Mrs. Loretta R. Rich 2145 Bayport Way Newport Beach, California (b) For their services in connection with said election, said inspector shall receive $21.00 and said judge and clerks $18.00 each; and the person in possession of the polling place named herein 3. shall receive for the use of such premises in connection with said election the sum of $15.00. SECTION 5. The City Clerk shall publish a notice of said special election as required by said Annexation Act of 1913, at least once a week for the four (4) weeks prior to the date of the election on May 21, 1968, in the Santa Ana Register, a news- paper of general circulation printed and published outside of the City of Newport Beach but in the County of Orange, California. ADOPTED this 8th day of April, 1968. P'Mayor P • 4. D E S C R I P T I O N EXHIBIT "A" Proposed Annexation to the City of Newport Beach.. Moden Annexation - Boundary No. 59 BEGINNING at the intersection of the Southeasterly line of Tustin Avenue, 60.00 feet wide, with the Northeasterly line of 22nd Street, 60.00 feet wide, as said streets are shown on the Map of Newport Heights, Recorded in Book 49 Page 83 of Miscellaneous Maps, Records of Orange County, California, said point being an angle point in the existing boundary line of the City of Newport Beach, as described in the "Tustin Avenue and 22nd Street Annexation" per Ordinance No. 803, adopted November 13,1956 by the City Council of the City of Newport Beach; thence South 50 °00'00" East along said Northeasterly line of 22nd Street and along the existing boundary line of the City of Newport Beach as described in said Ordinance No. 803 and as described in the "Upper Bay Annexation" per Ordinance No. 748, adopted April 25, 1955 by the City Council of the City of Newport Beach, a distance of 1320.62 feet to the intersection with the Southeasterly line of Irvine Avenue, 60.00 feet wide, as shown an said Map of Newport Heights; thence South 39 °59140" West along said South - easterly line of Irvine Avenue and along the existing boundary line of the City of Newport Beach per said Ordinance No. 748, and as described in "Harbor Highlands Annex" per Ordinance No. 771, adopted February 27, 1957 by the City Council of the City of Newport Beach, a distance of 1350.84 feet; thence continuing along said Southeasterly line and said existing boundary line, South 40 °00'00" West 780.61 feet to the most Easterly corner of the "Bissell Annex- ation" No. 2"to the City of Costa Mesa, as described in Ordinance No. 67-6 adopted November 16, 1966 by the City Council of the City of Costa Mesa; thence ''.. along the boundary line of said "Bissell Annexation No. 2, North 50'00'00" West 190.00 feet to the existing boundary line of the City of Costa Mesa, as described in the "Bissell Annexation" to the City of Costa Mesa, per Ordinance No. 117, adopted January 16, 1956 by the City Council of the City of Costa Mesa; thence along said boundary line of the "Bissell Annexation," the following courses: North 40 °00100" East 120.15 feet; thence North 50 °00'00" West 350.18 feet to the most Southerly corner of the "Aliso No. 1 Annexation" to the City of Costa Mesa, per Ordinance No. 63 -22, adopted June 3, 1963 by the City Council of the City of Costa Mesa; thence along the boundary line as described in said "Aliso No. 1 Annexation," the following courses: North 40'00100" East 88.50 feet; thence South 50'00'00" East 23.50 feet; thence North 40'00'00" East 76.73 feet; thence North. 50'00'00" West 173.53 feet; thence North 40'00'00" East 165.08 feet; thence North 50'00'00" West 289.00 feet; thence leaving said boundary line as described in "Aliso No. 1 Annexation," North 50'00'00" [Jest 174.36 feet along the Southwesterly line of Tract No. 2467, as.shown on a map Recorded in Book 130, Pages 15 and 16 of Miscellaneous Maps,.Reeords f, Orange County, California, to the most Westerly corner of said Tract No.2467; thence North 40'00'00" East along the Northwesterly line-of said Tract No. 2467, a distance of 70.00 feet to the most Easterly corner of the land described in.a Deed to Eugene C. Aldrich S Wife, Recorded December 21, 1964 in Book 7353, Page 957 of Official Records; thence North 50000'00" West along the Northeasterly line of said land and the Northwesterly prolongation thereof, 226.95 feet to the Northwesterly line of said Tustin Avenue; thence North 40 °00'00" East along said Northwesterly line 131.65 feet to an angle point in the existing boundary line of the City of Costa Mesa, as described in the "Woodland No. 2 Annexation" to the City of Costa Mesa, per Ordinance No. 64 -21 adopted May 18, 1964 by the City Council of the City of Costa Mesa; thence North 40 °00'00" East along the boundary line of said "Woodland No. 2 Annexation" 158.50 feet to the most Easterly corner thereofs being also the most Southerly corner of the "Kaiser No. 3 Annexation" to the City of Costa Mesa, per Ordinance No. 65 -1 adopted February 1, 1965 by the City Council of the City of Costa Mesa; thence North 39'59'40" East along the boundary line of said "Kaiser No. 3 ;. Annexation "•300.21 feet to the most Easterly corner thereof, being a point an the Southwesterly line of the "Raiser No. 1 Annexation" to the City of Costa 149s&,. as described in Ordinance No. 398, adopted October 16, 1961 by the City Council of the City of Costa Mesa; thence South 50'00'00" East 60.00 feet to the most Southerly corner of said "Kaiser No. 1 Annexation," being a point on the Southeasterly line of said Tustin Avenue; thence North 39 *5914011 East along said Southeasterly line and the boundary line of said "Kaiser No. 1 Aneexation" 330.21 feet-to an angle point in said boundary line; thence North 50'00'00" West along said boundary liae,,30.00 feet to said centerline of Tustin Avenue; thence leaving said boundary line. North 39 059'40" Zest along said centerline 690.42 feet to the Northwesterly prolongation of said Northeasterly line of 22nd Street; thence South 50'00'00" East along said prolongation, 30.00 feet to the Point of Beginning. CONTAINING: 57.132 acres, more or leas. EXHIBIT "At1 r STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH ) I, LAURA LAGIOS, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 6742 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 8th day of April 1968, by the following vote, to wit: AYES, COUNCILMEN: Rogers, Parsons, Marshall, Gruber, Cook, Forgit, Shelton NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Dated this 9th day of April , 1968. City Clerk and Ex- Officio. Jerk of the City Council, City of Newport Beach, State of California