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HomeMy WebLinkAbout62-145RESOLUTION NO. 62-1~ INITIATING PROCEEDINGS FOR AND DECLARING INTENTION TO PROCEED WITH ANNEXATION OF TERRITORY TO THE CITY OF SANTA ANA, DESIGNATING "NEWPORT AND DYER, S. E. ANNEX" AS AN APPROPRIATE NAME FOR SAID TERRITORY AND GIVING NOTICE OF PROTEST HEARING THEREON WHEREAS, a map and description were submitted to the Boundary Co~amission of Orange County, California, by property owners within the territory hereinbelow described, and on June 11, 1962, an amend- ment to said description was filed with said Boundary Commission of Orange County, California; and WHEREAS, on June 18, 1962, said Boundary Commission of Orange County, California, met in regular session and found that the boundaries of said proposed annexation were reasonably definite and certain and caused a report of said action to be prepared and to be delivered to the City of Santa Ana together with the information required by Government Code Section 35002.1. NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Santa Ana, California, hereby initiates proceedings to annex the territory, hereinbelow described, on its own motion without forth its reasons requiring a petition, and hereby declares and sets for desiring said annexation, as follows: 1. That said territory is in need of municipal services to afford an opportunity for said land to have a higher use than is possible without such services. That said territory can be served by the City of Santa Ana with municipal services of the highest quality anywhere obtainable. That it is to the mutual advantage and benefit of the City of Santa Aha and the owners of land within said territory that said territory become a part of Santa Ana, California. -1- That several owners adjacent to said territory have indicated a desire to have municipal services available to them. BE IT FURTHER RESOLVED: That the City Council hereby declares its intention to annex all of the territory hereinbelow described under the provisions of the Annexation of Uninhabited Territory Act of 1939; hereby finds and declares that said territory is uninhabited within the meaning of Government Code Section 35303 on the date of the adoption of this Resolution; to the City of Santa Ana, lies California, and is described as: and that said territory is contiguous in the County of Orange, State of -2- ~'~PORT AND DYER, S. E. ANNEX B~g~nuing at the point of intersection of the Northeasterly line of Lot il7, Block 8 of the I~ViNE SUBDi~ISION, as shown on a~m~p thereof recorded in Book l, Page 88, Miscellaneous Record Maps,.Records of Orange County, California, with a line which is parallel with and 30 feet Southeasterly, measured at right angles from the center line of ~rpor~ Avenue, said point being on the e~sting bou~y of the City of Santa California, as esmablished by the "Main and ~wport N. E. Annex", Ordinance NS-320, said poinZ alsq being So~th 40° West 130.88 feet from the most Easterly corner of s~id "¥~In and Newport N. E. Annex", said point also being South 50° East 30 feet from a point'which is South 40© West 1821.23 feet from the intersection of the cen~er lines of Dyer Road and Newport Avenue; ~hence departing from said City boundary, South 50° East along the Northeasterly line of Blocks 8~ ~8, 60, 88, 101~ 125, 157, 158 and 170 of said IRVINE SUBDIVISION 44~540 feet, more or !ess~ to a point in the East line of said IRVI~E SUBDIVISION and to a poin~ on the West line of Lot ~ of the "AC~ATRACT'' as shown on a m~p filed i~ Book 1~ Paze 12~ Records of Sur~ey, Records of s~!d 0oun~y; ~hence E0uth 16o02'50'' West, along said West line of Lot 7, a distance of more or less, mo an angle point in said West line of LOt 7 and to a 6 inch by 8'inch redwood post m~r~ed "S. ~. i17" as shown on said Record of Survey; thence South 31°10'50'' ~es~ along said West line of Lot 7 a distance of 418.44 ~eet to the Southwest corner of said Lot 7 and to the Southwest corner of said "ACb~ATRACT"; thence continuing South 31°10'50'' West, along the Southwesterly prolongation of said West line of Lot 7, a distance of 1465.01 feet ~o a point on the Westerly prolongation of the North line of B~se and the South half of Section 29, Township 6 South, Range~8 West~ San BernardinoyMeridian; thence along last mentioned North line and prolongation South 89© 46'30" East 5418.50 feet mo the Northeast corner of the South half of said Section 29~ thence along the North line of the South half of Section 28, said Township and Range, South 89o~3'20'' East 453~.70 feet mo the intersection of the North line of the South h~lf of said Section 28 w~th the Southwesterly boundary of the Rancho Canada de Los Alisos, asp er map recorded. in Book 1, Pa~e-187 of Patents in the Office of the County Recorder of Los Angeles County,' California; thence South 8~°4~'20'' East 139.8T feet to a point ~n the Northeasterly of way line of the San Diego Freeway, as described in'deed to the State of California, recorded December ~0~ 1959~ i~ ~ook ~0~5, Page 38S of Official Records in the Office of the County Recqrder of Orange Oounty~ Califo~nia, ~said point being on ~hat .cex~ain course having a bearing of South ~7°~Z'~5'' Eas~ and a length of 4881.77 fee~; .~olnt heing-a!so North 37°31'35'' 'Jest 1620.00 feet, more or less, from the Southeasterly ~er.niuus thereof; thence lear. lng said ~ortherly line along s~i& ~ortheasterly line ~o~h 37°31' Ea~ 1620.0~' fee~ to ~he beginning of ~ ~angent cu~e concave Nor~h- eas;ar!y ~nd hav~ng m r~dius cf ~0.00 ;'e~; thence Sou~he~ster!y ~long' said curve 2~.0~ feet mhrough a cengr~ ~ngle of 33°08'20"; ghence gangent mo ~asg mentioned curve South 70o59,'55" East 176.75 feet to the beginning of a gangent cu~e concmve Southwasterly, having a radius of 540.00 feegj thonce Sougheasgerly along said c~ 247.40 fee~ through a central ~e of 2¢°15'00"; thence ;angen~ ~o last mentioned cu~e Sou:h ~4°24'55" East 464.17 feet; thence South .89°13'00" East-21.29 feet; thence South 4~°01'00'' Eao~ 30.00 fee~ ~o ~he center line of 'El Toro Ro~; thence ~ong said c~n~er llne Sou~h 45o5~'00'' ~es~ 4.5~ feet; thence leavi~ said center' line Sou~h 4~°0!'00'' East 30.00 feet; ~hence South 00~7'00" ~es~ 21.14 feet; thence South East 54!.2Y fee~ ~o the'beginning of a cu~e g~.u~en~ concave Soughwes~erly~ having a radius of 5~5.00 feet; thence gou~heasterl~ ~ong said cu~e 240.43 feet through a ccn~r~ angle of 25o44'55"1 thencd'~geu~ ~o ~s~' mengioned cu~e Sou~h 18°~0'00" E~a% 289.3~ feeg ;o t~* begin~tug of a ~a~en~ c~e concave Northeasgerly~ having a radius of ~65.00 fee~; ~hence Southeasterly ~ong s~id c~e 208.97 fee~ ~hrough a ceu~'.augle of ~5°~ 55"; ~ence ta~en~ to last mentioned c~ve So~th 247.00 feet mo the beginni~ of m g~geng c~e concave Norgheasgerly~ h~ving a r~ius of 4853.00 feet; thence Southeasterly ~ong said c~e 269.96 feet t~ough a centr~ a~le of ~°ll'14" mo the beginni~ of a compound c~e concave Northeas~er~y~ '"having m radluo of 465.00 feeg, ~ r~i~ go sa~d point bears South ~2°2~'51'' Westj · ' .. ~hence Southeasterly along s~d com~d c~ve 176.39 feet t~ou~ ~ centr~ angle of 21°114'01" ~o ghe beginni~ of a reverse c~e concave Southwester~y~ having a~radlus of 5~5.00 fee~, a r~i~ ~o last ~en~loned c~e 'ceos North 20b~9'50'' Ea~; thence Sou~h-' easterly along said c~e 331'.48 feeg through a centr~ a~le of 35029'58'' ~o ~he beEinninE of a reverse c~e c~ave Ngrthemsterly~ hmvin~ m r~ius of 465.00 feet~ a r~i~ mo las~ ~n~loned 'c~e. be~s South 56009'48'' ~es~; ghence S~uthe~s~erly · ~o~ sm~d reverse ~e 176.39 Zee~ ~o~h m cen~ ~n~e of 21°~'' begi~Ing of a ~ompo~ c~e 'c~ve.~Norghe~sger~, ~v~ a ~ius ~f'~.O0' fee~, a radial mo said point bears South 34°25'~7'~ West; thence Southeasterly. along Iasc :~utione& curve 3~6.~2 feat through a central angle of 4°19'25'' ~o a.point. ~,om~ ~:hich a radial line.bears North 30 06 22 East; thence on a non-zangenz line North ~?c~2'll"'Eas= 38.78 feet& thence Souuh 62o37'49" East 981.94 feet =o the North- ~:esuerly boundary l~ne of the land described in the deed ;o the First National Bank cf Sauta*~na,.recorded November 2, 1951, in Book 2249, Page 286 of Official Records of said Orange '~ounty; thence leaving said Northeasterly line of Freeway right of way along said boundary North 58o36'20" East 687.59 feet to an angle point =herein; thence continuing along said boundary line North ~9°34'~0'' East 4329.15 feet =o a point on the bo~ndarM between Lots i and 2 of. Subdivision of the Rancho Canada de Los Alisos, as per map recorded in Book 3, Page 290 of Miscellaneous Records in the Office of the County Recorder of Los Angeles County, California; thence South 61°56'50'' East 700.00 feet alon~ last mentioned boundary mo a point on the Westerly boundary line of Rancho Trabuco as ~er mad recorded in Book 1, Pages 53 and 54 of Patents, in the Office of thg County Recorder of"said Los Angeles County,' thence South 43°11'00'' West 286.70 f~et along said Westerly boundary line to.Station No. 3 of said Rancho Trkbuco, said Station No. 3 also being Station No. 1 of said Rancho Canada de Alisos; thence continuing along the.Westerly boundary.of said .Rancho Trabuco South'~7°20'~0'' East .652.4~ feet ~o a point on the Northwecterly boundary line of that certain parcel of land described in Torrens Title Certificate Ho. 7934; thence South ~6°56'10~' %Test 67~.20 feet along said Northwesterly boundary line %o a point on the Westerly boundary llne of said parcel;'thence South 0°h?'50'' East 1070.~0 feet along said Westerly boundary line %o the Southwesterly corner of said parcel; thence North 89°13'25'' East !627.35 feet along the South line of said parcel ~o the Southeasterly corner thereof; said point also being on the Westerly boundary line of said. P~ncho Trabuco; thence.Sou~h 37020'20" tast ~728.21 feet along said Westerly boundary to Station No. 2 of said Ra~o Trabuco; thence South 2°~6'00'' East 2919.15 feet along said Westerly boundary =o an angle point in the Southwesterly right of way line of said San' Diego F~eeway, said ~olnt beln~ a ~olnt on a non-mangent curve concave Southwesterly.and having a radtus of 4933.00 fee~, a radial to l~st'mentioned point bears North 51°37'08 East;. thence alon~ smid~emway, rlEht o~ way Northwesterly 169;~5~ feet along last xentioned curve throu~ua central angle of i°58'08"; thence continuing along said~ -r~-~eewayr~on~' ~ of ~ay South ~°29'33" Eas~ 105.41 feet; thence continuing aibng said ~c.~n~es~e. ly line of said Freewayrz~a,'~'~ of way. the following courses: . North 40° · ~3 ~3 ~'~st 446.80 feet; Nor'~h 74°19'33'' West 165.77 feet3 South 62°53'39" 183.58 fee~; North 27°34'0~'' West: 179.29 feet; North ~4°11'4~'' Wes~ ~90.~ feet; North 5~°Sl'14".West ~85.18 ~ . ~e=t, North 64°51'03'' ~st 238y.31 feet to the beginning of a ~angent curve concave Northeasterly, having a radius of 5110.~O0 feet; thence Northwesterly along said curve through a central angle of 12°13'01" a distance o~ - 108~.58 feet; thence tangen~ mo last mentioned curve North 51°57'21'' West feet ~o the beginning of a curve concave Soutl%westerly ~aving a radius of 8380.00'' · ~e~, thence Northwesterly ~ong said curve through a eentrai angle of 9°57'.13'' a distance of 1455.81 fee~; thence ~angen% mo last mentioned cttrve North 70o25'13 ~'~st 9~.61 feet; thence North 59°0~'37'' West R49.30 feet; thence North 62°3g'03 %~¢st 850.00 feet;, thence North 56°53'~4'' West 201o00 fe~$; thence North glC92'~4'' West 191.43 feet; thence leaving'%aid Southerly right of way line of the San Diego . Freeway, ~outh 8° ' " 5 39 38 ·West 569.09 feet; thence North 50°19'22'' %~st 1005.53 feet mo a point on a line which bears South 39°~0'38'' West ~Q0.00 feet from a ~,oint on that cermain curve concave Northeasterly and having ~ radius of 517~00 fee~, said curve being on said Southwesterly right of way line of the San Diego Freeway, said point on curve being Southerly 650.~3 feet through a central angle of 7°12'30" from. its Northerly terminus; thence along' said lin~ which bears South 39°40'38'' West (basis of bearing per State'Highway) South 39°38'00'' West (bas'e' of bearing per Record of Survey in Book Zl, Page 29) 1190.03 feet; thence South 57o20'00" East 641.S9 feet; thence South ~5o52'55'' West 224.18 feet; thence South $i°19'20'' East 593.49 feet; thence South Z5°38'50'' East Z60.31 feet; thence South l2°21'50'' East ~79.57 feet; thence South 13°54'05~ West 735.52 feet; thence South 58°39'~5'' West 1750.~0 feet; thence North 36o39,Z0" West !60.$5 feet; thence North 6~o38'20'' West 150.09 feet; thence North 4~°14'20'' West ?~.00 feet; thence North Z0°OS'ZO'' Wes~ 22~.12 feet; thence North 65°06'~0'' West 2816.73 feet; thence North. 41o05,05" West' 779.75 fee%; thence North 8~°05'05'' West ~918.60 feet; thence Sou:h 84°10~Z5'' West 2111.~9 fee~; thence North~lSO56,10'' Wesm 1039.68 feet; thence North 9o~4,15'' East 10~.~5 feet; ~he~¢e atone, a line North 15°14,4~'' East (base of bearing per Record having a.radius of !230.00 . through a central ~ngle of 53°06'42'' West 40~.4~ feet · having a r~lius of llTO.O0 through a central angle of 40°45'O9" West 930.59 feet having a radius of llT0.O0 through a central angle of 15°15'15" West 889.99 feet having a radius of through a central angle of of'£urvey in Book 21, Page 29) North 16°01.'15'' East (base of bearing Ni~l Road) !~30.56 feet mo the South ilne of Nig~el Rca& distant North 88°21'0¥' East 51.08 feet D~¢m the Easterly terminus of a cu~e described as having a radius of 1970~00 feet, a central angle of 2R°02'50'' and a length of 758.05 feet in the descriptign of. said 5'lgmel Road; thence along said Southerly line of said Niguel Road South 8~° 21'0~" ~est 51.08 feet~o the beginning of a curve concave Southerly and having.m radius of 1970.'O0 feet; thence Southwesterly along said curve 758.05 feet and through a central angle of 22o02'50"; thence ~angenm to last mentioned curve South 66°18'14: .~ %Yest 866.~9 feet mo the beginning of a tangen% curve concave Southeasterly and having a radius of llTO.O0.fee~; thence Southwesterly along said curve 8~.O8 feet through a cenmral angle of ~1°08'2!"; %hence mangent .to last mentioned curve South 25o09'53'' West 339.05 feet to the beginning of a mangent curve concave Northwesterly having a radius of 3030.00 feet; thence Southwesterly along said curve 510.47 feet through a ugle f gq 9'10" curve outh 34o49'03'' West 400.56'feet %o th9 beginning of a tangun% curve concave Northwesterly f~et; thence Southwesterly along said curve 09-.73 feet 18°17'39"; thence ~angent to last mentioned curve South to the beginning of a tange~nu curve concave Southeasterly fee~; thence Southwesterly along said curve 252.38 feet 1~°21'33"; thence tangent to last mentioned curve South to the beginning of a tangen= curve concave Southeasterly, feet; thence. Southwesterly along said curve 520.69 feet 25°~9'547; thence =angent =o last mentioned curve South to the beginning of a tangent curve concave Northwesterly~ feet; thence Southwesterly along South curve 287.75 ~eet 8°07'18"; thence tangent to last mentioned curve South 23°22'33'' %~st 938.14 feet to the beginning of a tangent curve concave .Northwesterly, having a radius 1230.00 fee%; thence South%,esterly along said curve 607.32 fee% through a central angle of 28°17.'24"; thence tangent %o last mentioned curve South 51039'57" ~st ~!.59 feet to the beginning of a tangent curve concave Southeasterly, having a radius of 1170.00 feet; ~hence Southwesterly along said curve 447.25 feet through a central anE!e of 21054'08"; thence tangent =o last mentioned curve South ~9°45'~9'' Wesm 460.77 feet. mo the beginntn6 of a tangent curve concmve.Northwesterly~ havir~ a r.'~dius Of' t230.00 feet; thence Soutb;,~esterly along said curve. 3[;7.47 fe-~t through a' central'angle of 16o11'09";. ~henae ~angent to las~ mentioned cu~e Sou~h 45c~ ~'~est 573.4~ fee~ to the %egLunins of a tangent c~ve concave Northwesterly, havln~ a radius of 4030.00 fee~; .%hence Southwesterly along said c~e 164.~ fee~ through a cc~ral angle of 2°R0'38"~ thence tangent to last mentioned curve South 48°17'36'' i'!est 14RS.11 fee~ to the beginni~ ~of a tangent c~e concave Kortherly, having a radius of 630.00 feet; thence Westerly ~ong said c~e 382.22 feet~ more or less, a po!n% on ~he'Westmr!y prolo~m~ion of ~heSoutherly line of said Nigmel Road, last r. en~ioned poln~ bei~ South 6°52'~4'' East 30.00 femt from the Easterly mer~nus of 'that certain course described as "North 83°0S'53'' East ~4..34 feet" In description said Niguel'Road; thence leaving said Southerly line of Ni~el Road, ~nd continuing along l~st r~en~doned Wester~ prolongation Sou~h 83°06'53'' Wes~ 49.~4 fee~, =ore !ess, ~o a point ~n ~he Westerly right of way line of ~na Ca, on Road, distan~ South 7°4~'30'' Emst 5Z7.69 feet fr~ the Southerly terminus~of m c~ve sho'~ La&-m~ Ca,on Ro~ rlgh~ of w~y ~ps as .~ving m radius of ~25.00 feet, a centr~ angle of R2°07'15'' a~ m lengbh 9f 16~.08 feet; thence leavi~ las~ mentioned prolo~ation aD~ ~o~ iasm mentioned Westerly ri~t of way line North 7°~2'30 ~.~st 5R7.69 feet ~o ~he beginni~ of a ma~en~ curve coueave Easterly, having a radius of 425.00 feet; t~nce Northerly ~ong said cu~ 16~.08 fee~ ~hrough centr~ a~le of ~2°07'15"; ~hence ~angen~ to last mentioned c~ve North 1~°R4'~5'' East 1~60.51 feet to {he beginning of a ~gent curve concave Westerly and having a radius of 975.00 feet; thence Northerly along said c~e 195.O6 feet through.a centr~ a~le of 11°R7'45"; thence ta~en~ mo last mentioned cm~e North 2o57'00" East 1~.60 feat mo the beginning of a m~gent c'~e concave Wes~er!y, having radius of 575.00 feet; ~hence Northerly along said c~e 16~.42 fe~t through a central angle of 16°~3'00"; thence maugen~ ~o last ~ntioned c~e Eor~h 13°26'00'' Wes~ 1719.83 fee~ to the .beginning of a tangent curve concave ~s~erly, ~vinE radius of 10aS.00 fee~; thence Northerly ~ong said c~e 4~.92 fee~ through a central ~gle of 24°45'30"S thence tangenm ~o ~s~ mentioned cu~e North il°19'~0'' East 875.83 feet ~o ~he be~i~nl~ of a mangen~ cu~e concave ~sterly, having a radius of ~025.00 feet; thence Northerly along said c~ve 181.~9 f~e~ t~ough a centzal m~le of 500T.'45"~ thence mmnsent to las~ ~ntlo~ed c~v~ North !6°~7'157 East 1199.60 f~e~ ~o ~ begiu~ of m ~angen~ c~e conc~e. Southeasterly, a radius of 62~.00 fe~$; ~hence No~heas~er~ alo~ smid.c~e ~O0~lT'fee~ ~ough a central angle of 18°21'00"; thence tangent to last mentioned curve North 34°48'15'' Egst 103.47 feet; thence leaving said Westerly line of Lagunm Canyon Road South 55°11'45" East RS.00 feet to a point on the compromis~ line established by agreement between the I~¢ine Compan~'aud Lewis F. Moulton~ recorded April 6, 1895, lu Book 95, Page 333 of Deeds of said Orange County, said point being North 35°41'00'' Ea~st 200.38 feet from Station No. 16 of the Nig~el Rancho in said county as per map recorded in Book R, Pages 230 and ~31 of Patents in the Office of t~e County Recorder of Los Angeles County, California; thence along said compromise line North ~5°41'©0'' East 1805.74 feet to Station 17 of said Rancho; thence North 49°R~']0" East 1788.21 feet to a 6 inch by 8 inch redwood post marked "S. J. ll6" per said compromise line; thence' North 31o10'50'' East, a distance of R,420 feet~ more or less~ to the intersection"of ~ the Southeasterly line of Block 170 of said IRVINE SUBDIVISION with a line which is parallel with and ~O chains Northeasterly, measured at right angles from the South- westerly line of said Block 170; thence North 40° West along last mentioned parallel line 35~ feet, more or less, to a line which is Daraiiel with a~& ~50 ~eet ~orth- . westerly, measured at right angl~, from the Southeasterly li~m of said Block 170; thence North 31°10'50" Emst along last mentioned parallel line R,365 feet, more or less, to apoint on a line which is parallel with and 300 feet Southwesterly, measured at right angles from the Northeasterly line of said Block 170; thence'North'50° ~est along last mentioned parallel line and its Northwesterly prolongation 41,750 feet, more or less, to a line which is parallel with and 30 feet Northwesterly, measured at right angles from the So'atheasteriy line of Lot ll8 iu Block 8 of said IRVIIYE'S SUBDIVISION; thence South 40° West along last~ mentioned parallel line and ai~ng the Northwesterly' line of Red Hill Avenue (60 feet wide), a distance of 10~0 feet, more or less, to the Southwesterly line of said Lot 118; thence North 50° West along the Southwesterly llne of said Lot ll8, a distance of 630 feet, more or less, ~o the Northwesterly line of the Southeasterly half of ~aid Lot 118; thence North ~0° East along said Northwesterly line of the Southeasterly half 1020 feet] more or les~, to a line which is parallel with and 300 feet Southwesterly measured at right angles, from the Northeasterly line of said Lot ll8; thence North 50° West along last mentioned parallel llne 1950 feet, more or less, to a line which is parallel with and 30 feet Southeasterly, measured at right angles~ from said center line of Newport Avenue and to said existing boundary of the City of Santa Aha, as established by said "Main and Newpor~ N. E. Annex"; thence North 40° East along last mentioned p~rallel line and along said City boundary 300 feet ~o the point ofbeginuing. 9 BE IT FURTHER RESOLVED: That "NEWPORT AND DYER, S.E. ANNEX" is hereby designated as an appropriate name by which said territory shall be known for the purpose of this annexation. BE IT FURTHER RESOLVED: September City Hall, and place That notice is hereby given that 10, 1962, at the hour of 7:30 P.M. in the Council Chambers, Third and Main Streets, Santa Aha, California, is the time fixed at which said Council will hear written protests against this annexation made by any person owning property within said terri- tory. At any time before said hearing, any owner of real property within said territory may file written protest against this proposed annexation. Such protest shall state the name of the owner of the property affected and the description and area of the property in general terms, all as provided for in the California Government Code, Section 35312. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its adjourned regular meeting held on the 23rd day of July, 1962. ATTEST: CLERK OF THE COUNCIL STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS AYES, COUNCILMEN: R~ml E. Hubbard, Dale H. Heinly, Bob Brewer, A. A. Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Henry H. $chlueter CLERK OF THE COUNCIL I, MARION SUTTNER, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing Resolution was regularly introduced to said Council at its adjourned regular meeting held on the 23rd day of July, 1962, and was at said meeting regularly passed and adopted by the following vote, to-wit: