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Ordinance 643 ORDINANCE NO. 643 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TER= RITORY TO BE KNOWN AS FIRST SOUTHERN ADDITION TO THE CITY OF GILROY, AND FOR THE INCORPORA- TION OF SUCH ANNEXED TERRITORY IN AND AS A PART OF SUCH MJNICIPALITY FOR THE GOVERNMENT AND MUNICIPAL CONTROL OF SUCH ANNEXED TERRITORY WHEREAS, a written petitian has heretafare been filed in the Office af the City Clerk af the City af Gilray in ac- cardance with the pravisians af the "Annexatian af Uninhabit- ed Territary Act af 1939" as set farth within Sectians 35300 to. 35325 inclusive af the Gavernment Cade asking that there be annexed to. the City af Gilray as uninhabited territary certain land lacated in the Caunty af Santa Clara, State af Califarnia, therein and hereinafter mare particularly de- scribed; and WHEREAS, it appears that the said petitian has been signed by the awners af all af the land in the territary prapased to. be annexed by area and that the said tract af land is cantiguaus to. the present city limits af the said City af Gilray; and WHEREAS, the prapasal to. annex the said territary to. the City af Gilray has heretafare been submitted to. the Baundary Commissian af the Caunty af Santa Clara and the said Baundary Cammissian has reparted appraving the defi- niteness and certainty af the baundaries af the said ter- ritary; and WHEREAS, the said Cauncil af the City af Gilray did heretafare and an the 3rd day af January, 1961 adapt Resa- lutian No.. 596 finding the faregaing as facts and fixing Manday, the 6th day af February, 1961 at the haur af 8:00 a'clack P.M. af said day in the Cauncil Chambers in the f.tJJj3 -1- City Hall, Gilroy, California as the time and place for the hearing of said petition and pxposal to annex said terri- tory which Resolution complied with the provisions of Sec- tions 35305 and 35306 of the Government Code: and WHEREAS, notice of the said hearing has been given as required by Sections 35307 and 35311 of the said Government Code by publication of a copy of said Resolution in the GILROY EVENING DISPATCH, a newspaper published in the said City of Gilroy, on the 5th and 12th days of January, 1961, as required by law and the previous order of the Council and also by giving notice of the time and place of the hear- ing to all persons and bodies to whom the law requires such no.tice to be given, all in the manner and time as required by law: and WHEREAS, the said Council of the City of Gilroy has now held the said hearing and no objections or protests to said proposed annexation having been filed, and the said Council having duly considered the matter of said annexa- tion and finding all the foregoing as facts, and deeming it desirable and for the best interests of the said City of Gilroy that the said territory be annexed to the said City of Gilroy: and WHEREAS the owners of all of the said territory pro- posed to be annexed to the City of Gilroy have filed with the City Clerk and Ex-officio Clerk of the Council of the City of Gilroy, prior to the adoption of this ordinance, pursuant to Section 35319 of the Government Code of the State of California, their written consent to the taxation by the City of Gilroy, upon and after the annexation of said territory to said City, of property within said terri- tory to pay any and all bonded and other indebtedness and any and all liabilities of said City contracted prior to -2- l or existing at the time of annexation of said territory to the City of Gilroy, said property to be taxed for said pur- poses equally with other property in said City which is tax- able for such purposes: NOW, THE;REFORE, THE COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: Section I: Under the authority of the said "Unin- habited Territory Act of 1939", as set forth in Sections 35300 to 35326 of the Government Code of the State of Cali- fornia, the same being Chapter 297, statutes of 1939, and Amendments thereto, there is hereby annexed to the City of Gilroy as uninhabited territory the property and premises hereinbefore mentioned which are more particularly described as follows: to wit: All that certain real property situate in the County of Santa Clara, State of Cali- fornia, described as follows: BEGINNING at the point of intersection of the center line of Tenth Street with the center line of Rosanna Street, running thence Southeasterly along the Southeaster- ly prolongation of said center line of Rosanna Street, 64 feet more or less, to the point of intersection thereof with the Southeasterly City Limits line of the City of Gilroy and the true point of beginning of the tract to be described, said true point of beginning being on the Northeast- erly line of that certain 41.722 acre tract of land described in the Deed from C. N. Smith to Frank Filice et ux, dated February 15, 1952, recorded February 15, 1952 in Book 2366 of Official Records, Page 302, Santa Clara County Records: thence from said true point of beginning Southeasterly along the said Northeasterly line to the Southeaster- ly corner thereof in the Southerly line of Ranch Lot 16, as shown upon Map No. 7 ac- companying The Final Report of the Referees in the Partition Action of Henry Miller et al vs. Massey Thomas et al in the Superior Court of the State of California, in and for the County of Santa Clara, Case No. 5536: thence Easterly along said last-named South- erly line to the point of intersection there- of with the Southwesterly line of State -3- Highway U. S. 101, as said Southwesterly line existed in 1960: thence Northwest- erly along said Southwesterly line of State Highway U. S. 101 to the point of intersection thereof with said South- easterly City Limits line: thence South- westerly along said Southeasterly City Limits line to the true point of begin- ning. Section II: Said Council does hereby further de- clare and order that all property within said designated territory shall be taxed by the City of G i 1 roy upon and after its annexation to said City, to pay any and all bond- ed and other indebtedness and any and all liabilities of the City of Gilroy contracted prior to or existing at the time of annexation of said designated territory to the City of Gilroy, said property to be taxed for said purposes equally with other property in said City which is taxable for such purposes. Section III: The said territory hereby annexed to the City of Gilroy shall be known as, and is hereby desig- nated as, FIRST SOUTHERN ADDITION TO THE CITY OF GILROY. Section IV: This ordinance shall take effect and be in full force from and after the date of the filing of a certified copy of this ordinance in the office of the Secre- tary of State. PASSED AND ADOPTED the6t.h day.of<Februa.:t'y" 1961 by the following vote: AYES: CouncilLft.embers: Goodr i ch, Jordan, Pate, Petersen, - ,Rush, Wentworth, and Sanchez. NOES: CouncilLM~mbers: None ABSENT: CounciL Members: None APPROVED:;' ,'~ / . ---- Ma6 ATTEST: .~ ) .~ ~ '(t /;'i':'-L City Clerk . ) /,. -- ("{:;. /. ((-} it.-(.. 1 -4- 1 - I, SUSANNE E. PAYNE , City Clerk of the City of Gilroy, an hereby certify that the attached Ordi- nance No. 643 is a true and correct copy of the whole of such Ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of February , 19~, at which meeting a quorum was present. I further certify that the said ordinance has been pub- lished in accordance with the charter of the City of Gilroy. IN WITNESS WHEREOF, I have hereunto set my hand and af- fixed the official seal of the City of Gilroy, this 7th day of Fepruary , 19~. !...Jt---' Gilroy.