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Home My WebLink About3563 RESOLUTIOW NO. 3563 A R:!:SOLlJTION OF TH~ CITY COUNCIL OF TH~ CITY OF ARCADIA, CALI FO ili{I A , INSUTUTING Aim fu;-INSTITUTING PRO:JESDINGS FOR, .sETTING A PUBLIC l-lliARING CONC~iiJ.'UNG AND GIVING NOTICE OF ~rHS TI1'lE AND PLACE OF SUCH PUBLIC I-iEAIliNG CONC"rlNING TIlli PrlOPOS,to;D ANN.~XATION TO TrlE CITY OF ARCADIA OF CER':~AIN TERRITORY ADJACENT AND CON'::IGUOUS TO TH,to; PReSENT CITY LIMTS OF .:lAID CITY, SAID TSRRITORY BEING SITUATED NEAR THE NORTH1'1E.STERLY PORTION OF T}ili CITY OF ARCADIA AND DSSIGNATED AS "ANNEXATION NO. 29, NOrlTHrIEST ARCADIA (UilGiffiABITED) .. THS CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOSS H~fl1:!:BY DSTERJ.JINS Am ReSOLVE AS FOLLOUS: SECTION 1. That on December 18, 1962, the City Council of the City of Arc~dia duly adopted Resolution No. 3532 which by its te~Gs initiated prcceedings for the annexation to the City of Arcadia of certain conti6uCuS territory pursuant to the annexation of Unin- nabited Territory Act of 1939, as amended. That prior to the adop- tion of said Resolution No. 3532 the proposal for the annexation of said territory to tile City of Arcadia, including a map and specific lebal description of the boundaries of said territory, had been filed with the Secretary :)f the Boundary Commission of the County of Los Angeles, and said Boundary Commission had prepared or caused to be prepared a report to the proponents upon said annexation proposal with respect to the definiteness and certainty of the proposed boundaries, the nonconformance of the proposed boundaries with lines of aS3essment or ownership, the creation of islands or corridors of unincorporated territory and other similar matters affecting the pI'o- posed boundaries, and at the time of filing of said annexation pro- posal with said Boundary COITl1flission there was filed with the Hegis- '~ral' of Voters of L03 Angeles County a map of the proposal area. -1- jjOj SECTION 2. That prior to and at the time of initiating said annexation proceedint;s, the City Council of the City of Arcadia had been advised by the Registrar of Voters of Los Angeles County that less than tvrelve (12) voters were registered to vote within said territory. ~';1at subsequent to the initiation of said proceed- ings for the anne;,:ation of aforesaid territory, the Registrar of Voters of Los An",eles County advised the City ClerK of the City of Arcadia that as of December 1-(, 1962, the total reGistered voters within said propobed annexation VIas fifteen (1:.>). That of the fifte.3n (l~) per'sons alle!,;ed by the said Rclgistrar of Voters to be registered to vote within the aforesaid territory, at least five (?) thereof had moved to other' peL"manent residences and on December 18th, 1<;162, and for some time prior thereto did not and had not resided \'Ti thin said territory wit.hin the meaning of Section 3530j of the Government Code of the State of California. SECTION 3. That the City Attorney of the City of Arcadia has advised this City Council that even though the records of the Resistrar of Voters of Los Angeles County may indicate that fifteen (15) persons were on December 18, 1962, silOun as reGistered to vote within aforesaid territory that said territory is nevertheless un- inhabited wi chin the Ineaning of Section jjjO.) of the California Government Code fer the L'eason that less than hTelve (12) persons who have been reGistered to vote within said territory for &t least fifty-four (54) dc.:'s prior to Deoember 18, 1962, residec; ,;ithin said terL'itory at the time of the institution of aforesaid annexation proceedir.[,s on t.totion of the leGislative body of the City of Arcadia. -2- j)63 , - SECTION 4. That the City Council of the City of Arcadia has been informec":, and believes that in the event of aforesaid annexation proceedings initiated by said Resolution No. 3532 are continued, litig~tion will be initiated to have the same declared invalid. SECTION S. That because of the uncertainty that always exists as to the outcome of any litigation involving annexation pro- ceedings this City Council is desirous of re-initiating proceedings for the annexation of the territory described in said Resolution No. 3j32. That the annexation proceedings thus so re-initiated shall be effectivE' only in the event that the proceedings initiated by said Resolutior:, No. 3532 are finally adjudl.cated to be invalid by a court of com:retent jurisdiction and that the annexation pro- ceedings thus re-initiated shall be of no force or effect whatso- ever unless the annexation proceedings initiated by said Resolution No. 3532 are invalid and are so declared by a court of competent jurisdiction. SECTION ',). That pursuant to the "Annexation of Uninhabited Territory Act of 1939", as amended, the City Council of the City of Arcadia, on its own motion, does hereby initiate and re-initiate proceedings for the annexation to the City of Arcadia of certain uninhabited territcry contiguous and adjacent to the city limits of the City of Arcadi~ and situated near the northwesterly portion of the City of Arcadia as more particularly described in Section 10 hereinafter. SECTION 7. That the City Council of the City of Arcadia desires to annex su:~h uninhabited territory to promote and insure the proper integrat:lon of said territory with the contiGuous area already wi thin the :.imits of the City of Arcadia, and to comply with the stated desires of many owners of property in such area. -3- 3jOj SECTION 8. That the proposal for annexation of said terri- tory to the City iJf Arcadia has been submitted to and favorably re- ported upon to th:~ proponents by the Boundar~ Commission of the County of Los Angeles as required by Section 35002 of the Government Code of the State of California. SECTION 9. That said territory is uninhabited, is contigu- ous to the City or Arcadia and is not a part of any other municipal corporation. SECTION 10. That pursuant to the "Annexation of Uninhabited Territory Act of 1939", as amended, the City Council of the City of Arcadia does hereby give notice of said proposed annexation; that said territory is hereby designated as "Annexation No. 29, Northwest Arcadia (Uninhabited)' and is particularly described and bounded as follows: -4- .356:) "ANNEXATION NO. 29, NORTHWEST ARCADIA (UNINHABITED)" TO THE CITY OF,ARCADIA Beginning at a point in the boundary of the City of Arcadia, as same existed on October 1, 1962, said point being the northwest corner of Lot 1, Tract No. 13429, per map recorded in Book 273, page 25, of Maps in the office of the Recorder of Los Angeles County; thence southeasterly along the westerly line of said lot to the southwest corner thereof; thence along the westerly prolongation of the southerly line of said tract South 88041' 00" West 75.59 feet; thence South 1017'40" East 835.56 feet more or less to a point in the boundary of the City of Arcadia, in Foothill Boulevard, as same existed on October 1, 1962; thence easterly, northerly and westerly along said boundary and its various courses and distances to the point of beginning. Description approved by L. A. Boundary Commission, November 20, 1962 -5- 3:563 SECTION ll. That the City of Al'cadia hereby gives notice of and fixes Tuesda;y, ~;arch 5,1963, at the hour 01',8:00 o'clock p.m., in the Council Chamber of the Arcadia City Hall, 240 West Huntington Drive, Arcadia, California, as the day, hour and place when and where the City Council of the City of Arcadia will hear protests made by any person owning real property within the territory above described. At any time DeforE the hour set for hearing objections, any owner (as defined by Section 35312 of the California Government Code) of any property within the above-described territory may file written pro- test against the annexation. The protest shall state the name of the owner of the property affected and the description and area of the property in general terms. SECTION 12. The City Clerk shall certify to the adoption of this resolution and shall cause a copy hereof to be published and mailed as required by Section 35311 of the California Government Code. I HEREBY CERTIFY that the foregoing resolution was adopted adjourned at a/regular meeting of the City Council of the City of Arcadia held on the 22nd day of January, 1963, by the affirmative vote of at least three Counci:men, to wit: AYES: Councilmen Balser, Phillips, Reibold, Turner and Butterworth lione NOES: ABSENT: None (!jJ~:e?~ ~ City Clerk of the City of Arcadia SIGNED AND APPROVED this 22nd day of January, 1963. ~ L,(j)~,;;;:tt ~a;yor of the City of Arcadia a:;:;:; ~ ~~ City Clerk (SiAL) -6- 3:363