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IN THE CITY COUNCIL OF THE CITY <br />OF SAN LEANDRO. <br />RESOLUTION NO. 70-209. <br />RESOLUTION AMENDING <br />RESOLUTION NO. 70-166. <br />Recitals <br />It has come to the attention of this <br />City Council that Resolution No. 70- <br />166 has not been published as required <br />by law and by the terms of said Resolu- <br />tion. Because of the, lack of such publi- <br />cation this Council cannot proceed with <br />a public hearing on the annexation <br />proposed by said Resolution on the date <br />therein specified, and it is necessary <br />that the hearing on said matter be held <br />at a later date. <br />Now, therefore, the City Council of <br />the City of San Leandro does Resolve <br />as follows: <br />That Resolution No. 7-0-166 Is hereby <br />amended to read as follows: <br />"IN THE CITY COUNCIL OF THE CITY <br />OF SAN LEANDRO. <br />RESOLUTION NO. 70-166. <br />RESOLUTION GIVING NOTICE OF <br />PROPOSED ANNEXATION OF HES- <br />PERIAN BOULEVARD PROPER- <br />TIES BETWEEN THE CASTRO <br />VALLEY FREEWAY AND THE <br />WESTERN PACIFIC RAILROAD, <br />UNIT NO. 88. <br />Recitals <br />The hereinafter described property <br />Is outside the corporate limits of the <br />City of San Leandro. <br />A proposal for annexation of said <br />territory to the City of San Leandro <br />has been submitted to and reported <br />upon favorably by the Local Agency <br />Formation Commission of Alameda <br />County. <br />Said territory is uninhabited as de- <br />fined by the Annexation of Uninhabited <br />Territory Act of 1939. <br />It is to the mutual advantage of the <br />City of San Leandro and the owners <br />of property affected that said territory <br />be annexed to the City of San Leandro. <br />The City of San Leandro proposes, <br />In accordance with Section 35310 of the <br />Government Code of the State of Cali- <br />fornla, to initiate on its own motion <br />proceedings to annex said territory to <br />the City of San Leandro. Reasons for <br />desiring such annexation are as fol- <br />lows: <br />The City of San Leandro and the <br />County of Alameda are engaged jointly <br />in a project of widening Hesperian <br />Boulevard within the area of this pro- <br />posed annexation. In conjunction with <br />said widening, public acquistion of <br />many properties has been necessary <br />with such acquisition followed by dem- <br />olition of structures and use of ap- <br />proximately one-half of each property <br />acquired for street widening purposes. <br />The excess property consists of a long <br />strip of land only 56 feet in depth adja- <br />cent to an established single family <br />neighborhood in the rear and facing <br />a six -lane highway in front. The Coun- <br />ty of Alameda has no planned develop- <br />ment provisions to govern development <br />of property of this nature. Proper de- <br />velopment of this area requires uni- <br />form design and development control <br />available under the planned develop- <br />ment processes of the San Leandro <br />Zoning Ordinance. It is proposed by <br />both the County of Alameda and the <br />City of San Leandro that said property <br />be sold to private developers under <br />planned development controls. <br />Two small triangular sections are in- <br />cluded within the area proposed for <br />annexation and presently remain under <br />private ownership. Annexation of the <br />publicly owned lands without inclu- <br />sion of these two triangular areas <br />would create Islands of unincorporated <br />territory with no appropriate connec- <br />tion to other unincorporated territory <br />and a requirement of the use of City <br />streets for County services. <br />Now, therefore the City Council of <br />the City of San Leandro does Resolve <br />as follows: <br />That notice is hereby given that the <br />City Council of the City of San Le- <br />andro on its own motion, proposes to <br />annex to the City of San Leandro the <br />property hereinafter described, which <br />property is hereby designated as 'Hes- <br />}perian Boulevard Properties between <br />the Castro Valley Freeway and the <br />Western Pacific Railroad, Unit No. 88;' <br />That notice is hereby given that 8:15 <br />o'clock p.m. on October 5, 1970, in the <br />Council Chambers of the City Hall, San <br />Leandro, California, is hereby fixed as <br />the time and place for the hearing of <br />any written protests against the an- <br />nexation made by any person owning <br />real property within the territory to <br />be annexed; that at any time prior to <br />adjournment of the hearing thereon, <br />any owner of property within the ter- <br />ritory proposed to be annexed may file <br />written protest against the proposed <br />annexation. Such protest shall state <br />the name of the owner of the property <br />affected thereby and a description of <br />such property in general terms; <br />That the territory hereinafter de- <br />scribed is uninhabited and is contigu- <br />ous with the present boundary line of <br />the City; <br />That the territory proposed to be <br />annexed is described as all that land <br />situated in the Township oC-Eden, Ala- <br />meda County, California: 1 <br />Beginning at the intersection of the <br />southwestern boundary line of that cer- <br />tain territory annexed to the City of <br />San Leandro by Ordinance No. 1124 <br />N.S., a map which was filed June 11, <br />1958, in Map Book 40, page 31A, Ala- <br />meda County Records, with the north- <br />easterly prolongation of the south- <br />eastern line of Tract 1004, as said tract <br />is shown on the map filed June 5, 1950, <br />in Map Book 30, page 73, Alameda <br />County Records; thence along said pro- <br />longation and southeastern line, south- <br />westerly to the most northern corner <br />of Lot 36, Block 1, as said lot and <br />block are shown on the map of Tract <br />942, filed January 18, 1950, in Map Book <br />30, page 45, Alameda County Records; <br />thence along the northeastern line of <br />said Lot 36, southeasterly 23.09 feet <br />to the northeastern corner of said Lot <br />36; thence parallel with the centerline <br />of Hesperian Boulevard (as said center- <br />line Is shown on the maps of said <br />Tract 942, Tract 995 filed April 17, <br />1950, In Map Book 30, page 59, and <br />Tract 1002 filed July 20, 1950, in Map <br />Book 30 page 89, Alameda County Rec- <br />ords) southerly to the southeastern <br />corner of Lot 1 Block 7 as said lot and <br />block are shown on the said map of <br />Tract 1002; thence along the south- <br />eastern line of said Lot 1, southwest- <br />erly 48.80 feet to the northeastern line <br />of the Central Pacific Railway Co. right <br />of way, as shown on said map of Tract <br />1002; thence parallel with the afore- <br />said centerline of Hesperian Boule- <br />vard, as shown on said map of Tract <br />1002, southerly to the southwestern <br />line of said Central Pacific Railway <br />Co, right of way; thence along said <br />southwestern Tine, southeasterly to the <br />northern right of way line State Free- <br />way Route 04 ALA 238, said northern <br />right of way line being the, northern <br />line of that parcel of land described <br />in the deed from William Alfred An- <br />derson, Jr., to the State of California, <br />recorded June 14, 1955, in Book 7690, <br />of Official Records, page 473, Records <br />of Alameda County; thence along said <br />northern right of way line, westerly to <br />the eastern right of way line of Hes- <br />perian Boulevard, a County Road, 66 <br />feet in width, as said right of way line <br />was established by that certain re- <br />linqui3hment recorded July 7, 1958, in <br />Book 8716 of Official Records at page <br />133, Records of Alameda County, Cali- <br />fornia; thence westerly along the <br />southerly line of that certain parcel <br />of land designated "PARCEL 3" in said <br />relinquishment 66 feet to the eastern <br />boundary line of that certain territory <br />annexed to the City of San Leandro by <br />Ordinance No. 9+5 N.S., a map of which <br />was filed October 8, 1954, In Map Book <br />32, pages 38A, 39A, 4OA, 41A, 42A, and <br />43A, Alameda County Records; thence <br />alonsaid eastern line northerly and <br />southg erly to the aforesaid southwestern <br />boundary line of territory annexed to <br />the City of San Leandro by Ordinance <br />No. 1124 N.S.; thence along said south- <br />western boundary line, southeasterly <br />to the point of beginning. <br />That the City Clerk of the City of <br />San Leandro is hereby directed to cause <br />a copy of this Resolution to be pub- <br />lished at least twice, but not more <br />often than once a week, in The Morn- <br />ing News, a newspaper of general <br />circulation published in the City of <br />San Leandro, and also in The Inter - <br />City Express, a newspaper of general <br />circulation published outside of the <br />City of San Leandro, but in the County <br />of Alameda in which is located said <br />territory to be annexed. Said publica- <br />tion shall be completed at least 20 days <br />prior to the date herein set for hearing. <br />That the City Clerk of the City of <br />San Leandro is hereby directed to cause <br />written notice of this proposed annexa- <br />tion to be mailed to each person to <br />whom land within the territory pro- j <br />posed to be annexed is assessed in the <br />last equalized county assessment roll <br />available on this date, at the address <br />shown on said assessment roll or as <br />known to the City Clerk and to the <br />Board of Supervisors of the. County of <br />Alameda, and to any person who has <br />filed his name and address and the <br />designation of the lands in which he <br />has any interest, either legal or equit- <br />able, with the City Clerk. Said notice <br />shall be given not less than 20 days <br />before the date herein set for hearing." <br />Introduced by Councilman Copps and <br />passed and adopted this Mth day of <br />August, 1-970, by the following called <br />vote: <br />Members of the Council: <br />Ayes: Councilmen Copps, Kant, <br />Nahm, Polvorosa, Pomares, Suerstedt; <br />Mayor Maltester (7) <br />Noes: None (0) <br />Absent: None (0) <br />JACK D. MALTESTER, <br />Mayor of the, City of <br />San Leandro <br />ATTEST: <br />WILLIAM ZANER, <br />Deputy City Clerk <br />Dated: August 24, 1970. <br />Publish: September 1, 8, 1970. <br />,�f 70486'7-9-1-2tues <br />