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HomeMy WebLinkAboutOrdinances - No. 640In the City Council City of Lodi Lodi, California ORDINANCE NO. 640 ORDIXANCE APPROVING THE ANNEXATION OF CERTAIN TIONn, TO THE CITY OF LODI, APTD CLASSIFYING UNIWHABITED TERRITORY 9 DESIGNATED 'HEALY ADDI- SAID PROPERTY IN THE C-2 COMMERCIAL ZONE. WHEREAS, the Boundary Commission of San Joaquin County did on the 2nd day of February, 1959, approve the boundary line description of the hereinafter described territory, proposed for annexation to the City of Lodi, as to definiteness and certainty! and WKEREAS, on the 25th day of February 1959, a verified petition requeeting the annexation of said territory was accepted by the City Council ~ of the sity of Lodi, teogether with contained signatures the certificate of the City Clerk of saidt City: That the petitioning owners represent more than one-fourth of the property in said territory both by area and by assessed value, that there are leas than twelve registered electors residing therein and that said territary is contiguous to the City of Lodi! and WHZREAS, said petition contained a request that the property propoaed to be annexed to the City of Lodi be zoned in the C-2 Commercial District, and the City Council thereupon ref erred the petition to the City Planning Cornmission who in turn, after hearing, recommended that the territory proposed for annexa- tion be claesified in the C-2 Commercia1,Zone; and WHEREAS, the City Council adopeed Resolution No. 2205, giving notice of the proposed annexation and of a time and place for the hearing of protests against annexation, such hearing to be held in the City CounGil Chamber, City Hall, Lodi, California, beginning at 8r00 o'clock porn. of Wednesday, April 1, 1959; and WHEREAS, subsequent to the adoption of said Hesolution Ho. 2205, conforming therewith and with the provisions of the "Annexation of Uninhabited Territory Act of 1939" , notice was given owners of property within the territory proposed for annexation by publication of said Resolution No. 2205 in a newspaper of general circulation printed and published in the City of Lodi as is evidenced by affidavit thereof on file and of record in the office of the City Clerk of the City of Lodi, said publication being completed more than twenty days prior to the date of hearing set in Resolution No. 2205; and WHEREAS, all property owners having signed the petition for such annexation, mailing of notices to said property owners and publication of such notice in a newspaper outside the City of Lodi was waived in accordance with Section 35307 and Section 35311. of the Government Codeg and WHEREAS, said Resolution No. 2205 contained a notice of the intention of the city Council to classify said territory in the C-2 Commercial zone and WHEREAS9 on the 1st day of April, 1959, at the hour of 8800 p,m. of said day, in the City Council Chamber, City Hall, Lodi, California, pursuant to resolution and notice aforesaid. the City Council of the City of Lodi did hold and conduct a public hearing for the hearing of protests or objections against the annexatioii of said territory to the City of Lodi, and said protests being heard, considered and passed upon by said City Council, and found to have been made.by owners of less than one-half of the assessed value of the territory proposed to be annexed as shown by the last equalized assessmeat roll of San Joaquin County, California, or by public and private, owners of less than one-half of the value of the territory proposed to be annexed as determined by said City Council; now therefore THE CITY COUiu'CIL OF THE CITY OF LODI DOES ORDAIN AS FOLLOWS: Section 1. The annexation of the following described unin- habited territory in San Joaquin County, contiguous to the of Lodi, designated "Healy Addition", is hereby approved and the same is hereby declared to be annexed to and made part of the City of Lodi: A portion of the Northwest quarter of Section 7, Township 3 Worth, Bange 7 East, Mount Diablo Base and Meridian, more particularly described as follows: west quarter; thence South 87' 42' East along the South line of eaid quarter, a distance of 59.62 feet to the East line of State Highway X-SJ-4-C (Cherokee Lane); thence North 0' 34' West along the East line of said highway, 1650,O feet to a point at the intersection of said East line of Cherokee Lane, a8 described in deed executed by W, G, Micke to State of California, recorded February 18, 1931, in Vol. 351 of Official Records, page 486, San Joaquin County Records, with the North line of that certain 24% acre parcel Commencing at the Southwest corner of said North- - 2- described in deed executed by Perriii to kJ. Go Micke, recorded November 9, 1917 in Book "A" of Deeds, Vol. 319, page 79, San Joaquin County Hecordsg thence South 87 tract, a distance of 370 feet to its intersection with the present City Limit line of the City of Lodi which point is the true point of beginning; thence continuing South 87O 12$' East along said iqorth line, a distance of 396.0 feet to the West line of that cer- tain 7.223 acre tract described in deed executed by W, G. Nicke to State of California, recorded December 31, 1958 in Vol. 2131 of Official Records, pagg 51, San Joaquin County Records; thence South 0 48' E3st along the West line of said 7.223 acre tract, a dis- tance of 453.3 feet to the South line of said 24* acre parcel; thence Morth 87' 24*' West along said South line, a distance of 397.7 feet to its intersection with the present City Limit line; thence North 0' 34' West along the present City Limit line, 454 feet, more or less to the true point of beginning, and contain- ing 4-12 acres more or less. 12-&' East along said North line of the 24% acre Section 2. The hereinabove described property be hereby classified in the C-2 Commercial zone to become effective coinci- dent with the effective date of this,ordinance. Section 3. This ordinace shall be published one time in the "Lodi News-Sentinelt't a daily newspaper of general circulation printed and piiblished in the City of Loiti and shall be in force and take effect thirty days from and after its passage. Section 4. Upon the effective date of this ordinancep the City Clerk shall immediately prepare under seal a certified copy of the ordinance, giving the date of its passage, and transmit it to the Secretary of State. She shall also comply with the provisions of such statutes as may be applicable -Lereto to effect the purposes hereof. Approved this 15th day of April, 1959. FRED M. BROWN, Nayor Attest: BBEATRICE GARIBALDI, City Clerk State of California ) County of San Joaquin ) SS. ' I, BEATRICE GARIBALDI, City Clerk of the City of Lodi and ex officio Clerk of the City Council of said City, do hereby certify that the foregoing Ordinance Ro. 640 was intro- duced in regular meeting of said City Council held April 1, 1959, and was thereafter passed, adopted and ordered to print at a regular meeting sf the City Council held April 15, 1959 by the following voter AYES s Councilmen - Culbertson, Katzakian, Mitchell, Robinson and Brown NOES: Councilmen - None ABSENT: Councilmen - None I further certify that Ordinance No. 640 was approved and signed by the Mayor on the date .:~f its passage and has been published pursuant to law. BEATRICE GARIBALDI, City Clerk -4-