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HomeMy WebLinkAboutReso 1960-2488 Resolution No. 2488 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GIVING NOTICE OF THE PROPOSED ANNEXA- TION OP CERTAIN TERRITORY ADJACENT TO AND CON- TIGUOUS TO THE PRESENT CITY LIMITS OF THE CITY OF CHULA VISTA AND DESIGNATED AS "HUNTINGTON ANNEXATION" THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. On December 80 1958 Ordinance No 671 of the City Council of the City of Chula Vista was adopted by said City Council° said Ordinance being entitled "Highland Avenue Annexation" and being th Ordinance of annexation of th- t certain territory described in said Ordinance No, 671 and designated as "Highland Avenue Annexation," Prior to the effective date of said Ordinance and the filing of said Ordinance with the Secretary of State of the State of Californiap an injunction action was commenced against the City of Chula Vista to enjoin the City Clerk from filing a certified copy of said Ordinance with the Secretary of State, Although the issues raised in such action have not been determined finally, the City was not enjoined° nor was the C1 .8r enjoined° from filing a certified copy of said Ordinance with the Secretary of State ands on the 18th day of January° 1960° a certified copy of said Ordinance No, 671 was filed with the Secretary of State of the State of California, Thereafter° an application for leave to sue in quo warrant, to test the validity of said annexation was filed with the Attorney General of the State of California, The question of whether leave to sue should • be granted has not yet been determined by the Attorney General, By reason of said injunction action and by reason of said application for leave to sue in quo warranto° certain questions have been raised as to the validity of the proceedings relating to said Highland Avenue Annexation and the enactment of said Ordinance No 671, Said City Council is aware of said annexation proceedings and questions relat- ing to the validity thereof and commences the proceedings for the ann•:zs tion of the territory hereinafter described pursuant to the hereinafter referred to petition on file with the City Council and° .on the Council°s own motion to -ffect the annexation of the hereinafter described territory in the event that said annexation proceedings designated "Highland Avenue Annexation" and the enactment of said Ordinance Ho, 671 hereafter • are declared invalid by a court of competent jurisdiction, That in th, event said annexation proceedings designated "Highland Avenue Annexation" and Ordinance Ho, 671 are not declared invalid and the annexation of territory described in said Ordinance is effective and conclusive for all purposes© then these proceedings and the annexation commenced here=by shall be null and void, The purpose of 30 commencing these proceedings is to safeguard the rights and desires of the owners of a majority of the value of the land and improvements within the territory described as said "Huntington Annexation" and "Highland Avenue Annexation" and within th: territory descri d hereinafter, Such desire previously having been expressed in writing by such owners and which writing, in the form of petitions, now is on file 'with the said City Council, SECTION 2, Pursuant to the provisions of the Annexation of Uninhabited Territory Act of 1999, a petition signed by owners of not less than one-fourth of the land in the territory, by area and by assessed valuation, as shown on the last equalized assessment roll of the County of San Diego, was filed with the Council of the City of Chula Vista on July 28, 1960 requesting annexation of the hereinaft t r described terri- tory to said City; that said territory which said petitioners request be annexed to the City of Chula Vista and which said City and its .Council propose to annex to the City of Chula Vista is uninhabited territory contiguous and adjacent to the City limits of the City of Chula, Vista, is located in the County of San Diego, State of California, hereby is designated as "Huntington Annexation" and is described hereinafter. SECTION 3, Even if said petition had not been so Mods, this City Council hereby declares that it would have initiated proceedings for the annexation of the territory hereinafter described and designated as "Huntington Annexation"ipursuant to the provisions of the Annexation of Uninhabited Territory Act of 1939 and that City Council, pursuant to said Act, hereby does initiate proceedings for the annexation to the City of Chula Vista of certain uninhabited territory contiguous and ;i3djacent to the city limits of the City of Chula Vista, said territory being locnt=d in the County of San Diego, State of California, and is described as hereinafter set forth, • The City Council of the City of Chula Vista desires to annex such uninhabited territory to promote and insure the harmonious development and use of the area proposed to be annexed and the proper integration of said territory with the contiguous area already within the limits of the City of Chula Vista,. SECTION 4, Said territory described in said p tition on file herein and that said territory desired and proposed to be annexed by the City Council of the City of Chula Vista pursuant to its ;own motion° is described pai Uc 4 1y.as follows.B-. 'YLA4/7. ‘2161-41-4-E. - - - SECTION Sa Said petition for said proposed annexation was filed with the City Council within sin months of the date the first signature was affixed thereto° and a description of the boundaries of said proposed annexation as above described has been submitted too and favorably reported upon° and approved approved by the Boundary Commission of the County of San Di-go. SECTION 6. The City of Chula Vista- hereby gives notice of said proposed annexation designated "Huntington Annexation" aad gives notice of and fixes September 20, 1960 at 7x,00 o°clock Pohl° in the Council Chambers in the Chula Vista City Hall as the Darin ®n- • That portion of Lots 1 , 2, 3, -4, 5, 6, 7, 8, 11 , and 12 of Quarter Section 151 of Chula Vista and adjacent streets, according to Map thereof NO. 505, as filed in the Office of the County Recorder, County of San Diego, State of California; and that portion of County Road Survey 1489, "Highland Avenue", according to maps thereof on file in the Surveyor 's Office of said County, described es follows : 1 . Beginning at a point on the centerline of "C" Street 50.00 feet Easterly of the centerline of Highland Avenue 1County Road Survey 14891 said point being the Southwest corner of the Shapov Tract Annexation to the City of Chula Vista, by Ordinance No. 479, October 13, 1953; 2. Thence Northerly along the Easterly right—of—way of Highland Avenue, beinc also the boundary line of the City of Chula Vista as established by said Ordinance No. 479, to an inter- section with the Easterly prolongation of the Northerly fine of the Southerly 130 feet of Lot ! I of said Quarter Section 151 ; 3. Thence resteriy along said Eaatierly prolongation and said Northerly line of Lot 11 of Quarter Section 151 per Map No. 505; 4o Thence Northerly along the "esterly lines of Lots II and 12 to an intersection with the centerline of Sweetwater River as per Licensed Surveyor ' s Map, No. 350, on file in the Recorder's Office of said County; 5. Thence Northeasterly along said weetwater River an intersection with the Easf—v"est centerline of Quarter Section 151 , as shown on Map No. 166 of the Rancho de la Nacion as filed in the Recorder ' s Office of said County; 6. Thence resterly along said East—rest centerline to the center of Quarter Section 151 ; 7, Thence Northerly along the North—South centerline of Quarter Section 151 to the Northerly line of said Quarter Section 151 , as shown on said Map No. 166; 8. Thence resteriy along said Northerly line of Quarter Section 151 to an intersection with the Northerly prolongation of the resterly line of the Easterly half of Lot 1 of said Quarter Section 151 , as shown on said Map No. 505; . _ _ _ r P' - 9. Thence ,Southerly along said Westerly line fo ' the -Southwest ener of the said Easterly half of said Lot 1 , of Quarter Section 151 ; 10e Thence Westerly along the Southerly line of said Lot 1 , being also the Northerly line of Lot 2, to the Northwest corner of Lot 2 of Quarter Section 151 ; 11 . Thence Southerly along the Easterly line of National Avenue as shown on said Map No. 505, to the Southerly line of Quarter Section 151 as shown on said Map No„ 166, being also the Northerly boundary line of the City of Chula Vista; 12. Thence Easterly along said Southerly line of Quarter Section 151 to an intersection with the Southerly prolongation of the Easterly line of Lot 8; 13. Thence Northerly along said Southerly prolongation and the Easterly line of Lot 8 and Lot 7 to an intersection with the Westerly prolongation of the Northerly line of Lot 10, Quarter Section 151 ; 14. Thence Easterly along said Westerly prolongation and the Northerly line of said Lot 10 to the intersection with the Westerly right-of-way of said Highland Avenue, being a line running parallel with and 50 feet Westerly from the center- line of said Highland Avenue; 15. Thence Southerly along the said Westerly right-of-way and its Southerly prolonejat on to the intersection with the Southerly line of Quarter Section 151 , as shown on said Map No. 166; 16. Thence along said Southerly line to point of beginning. • date© hour° and place when and where the City Council of the City of Chula Vista will hear protests against the proposed annexation made by any person owning real property within the territory above described, At any time before the hour so set for hearing objections any owner (as defined by Section 35312 of the California Government Code) of property within the above described territory may file written protest against the annexation. Any protest , to be .n valid and effective protest() must be in writings must be filed before the hour set for hearing the protests() must state the name of the owner of the property affected° and must contain the description and area of the property in general terms. SECTION To The City Clerk of th, City of Chula Vista shall certify to the adoption of this resolution and shall cause a copy thereof to be published at least twice but not Oftener than once a week in the Chula Vista StarrNews p a newspaper of general circulation published in the City of Chula Vista and also in a newspaper of general circulation publish-d outside the City of Chula Vista but in the County of San Diego. Said publication hall be completed at least twenty (20) days prior to the date set for the hearing afor;said and the City Clerk also shall cause written notice of such proposed annexation to be mailed to each person to whom land within the territory proposed to be annexed is assessed in the 1, : t equalised county assessment roll available on the date the proceedings were initiated .:,t the address. shown on said assess® meat roll or as known to said City Clerk() and to any person who has filed his name and address and the designation of the land in which he has any interest9 eith,-r legal or equitable() with said City Clerk. In the event any land within the above described territory is owned by a county() the City Clerk ; leo shall cause written notice of such proposed annexation to be mailed to the Board of Supervisors of nab county9 The written notice by mail ah ll be given not less than twenty (20) days before the public hearing on said proposed annexation; such written notice by mail need not be sent if the owner or owners of all the territory above described have petitioned for ann.xatiiom or filed their cons4nt to uch annexation in writing with the City Council of the City of Chula Vista. APPROVED AND ADOPTED this 2nd day of — August 1960 • 4 c a . .4 r ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 2nd day of Aiigw t .a6D by the following vote, to-wit: AYES: COUNCILMEN DeGraaf,Menzel,McMains, Smith,McAllister NAYES: COUNCILMEN None ABSENT: COUNCILMEN None ;Atilt .1A114 ►-W%�/ Mayor of the City of Chula Vista ATTEST: Ci y.Cl4 F1-r STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss CITY OF CHULA VISTA ) I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED: City Clerk