Ordinance 665
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ORDINANCE NO. 665
Al.~ ORDINANCE PROVIDING FOR THE ALTERATIONS OF
THE BOUNDARIES OF THE CITY OF GILROY BY THE
ANNEXATION THERETO OF CERTAIN UNIfUiABITED TER-
RITORY DESIGNATED AS "SECOND SOUTHERN ADDITION
-(9-61)-" TO THE CITY.OF GILROY, AND FOR.THE ~~__
INCORPORATION OF SUCH AN1~ED TERRITORY IN AND
AS A PART OF SUCH MUNICIPALITY FOR THE GOVERN-
ME1~ ~lD MUNICIPAL CONTROL THEREOF.
WHEREAS, a written petition has heretofore been filed
in the Office of the City Clerk of the City of Gilroy in accordance
with the provisions of the "Annexation of Uninhabited Territory Act
of 1939" as set forth within Sections 35300 to 35325 inclusive of
the Government code asking that there be annexed to the City of
Gilroy as uninhabited territory certain land located in the County
of Santa Clara, state of California, therein and hereinafter more
particularly described1 and
WHERF~, it appears that the said petition has been
signed by the owners of not less than 1/4 of the land in the territory
by area and by assessed value as shown on the last equalized assessment
roll of the county of Santa Clara and that the said territory pro-
posed to be annexed is contiguous to the present city limits to the
said City of Gilroy, and
WW~REAS, the proposal to annex the said territory to
the City of Gilroy has heretofore been submitted to the Boundary
Commission of the County of Santa Clara and the said Boundary commission
has reported upon the definiteness and certainty of the boundaries of
the said territorY1 and
WHEREAS, the said Council of the City of Gilroy did
heretofore and on the 19th day of September, 1961, adopt Resolution
NO. 638, finding the foregoing as facts and fixing Monday, the 6th
day of November, 1961, at the hour of 8:00 o'clock P. M. of said day
in the council Chambers in the City Hall, Gilroy, California, as the
time and place for the hearing of said petition and proposal to annex
said territory which Resolution complied with the provisions of Sections
35305 and 35306 of the Government Code1 and
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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 22nd and 29th days of Sept-
ember, 1961, and in the MORGAN HILL TIMES, a newspaper published in the
~ity of Mcrgan Hill, in the said County of Sa~a Clara on the 28th day
of september, 1961 and on the 5th day of October, 1961, as required by
law and the previous order of the Council and also by giving notice of
tme time and place of the hearing ~o all persons and bodies to whom
the law requires such notice to be given, all in the manner and time
as required by law; and
WHEREAS, the said council of theCity of Gilroy has now held the
said hearing and no objections or pxtests to said proposed annexation
having been filed, and the said Council having duly considered the
matter of said annexation 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 C~ of Gilroy,
and
WHEREAS, the owners of more than 2/3 of the value of the territory
proposed to be annexed signed the petition hereinbefore mentioned for
the annexation of said territory to the city of Gilroy and said petition
contained the written consent of said signers, pursuant to Section 35319
of the Government Code to the Taxation by the city of Gilroy, upon and
~ter the annexation of said territory to said City, of property within
said territory to pv any and all bonded and other indebtedness and any
and all liabilities of said City contracted pDbr to or after, the
time of annexing said territory to the city of Gilroy, said property
to be taxed for said purpose equally with other property in said City,
which is taxable for said purposes,
NOW, THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES HEREBY
ORDAIN AS FOLLOWS:
section I: Under the authority of the said Ituninhabited Territory
Act of 1939", as set forth in Sections 35300 to 35326 of the Government
Code of the state of California, the same being Chaper 297, Statutes of
1939, and Amendments thereto, there is hereby annexed to the city of
Gilroy as uninhabited territory the property and premises hereinbefore
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mentioned which are more particularly described as fol10ws~ to wit:
All those certain parcels of land situate partly within and
partly without the city of Gilroy, county of Santa Clara, State of
California, described as follows:
PARCEL NO. I: Beginning at the point of intersection of the
Northwesterly line of Ranch Lot 44 as shown on Map No. 7 accompanying
the report of the I~eferees in the Partition action of Henry Miller,
et a1, 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,
with the Northeasterly line of the state Highway known as Monuerey
Road, as said Northeasterly line was established by the Deed from
Wareco Ltd., a corporation, to state of California, dated June 22, 1949
and recorded July 28, 1949 in Book 1824 of Official RecordS, page 419,
Santa Clara, County Records, said point being in the southeasterly
boundary line of the City of Gilroy: thence along said Northeasterly
line of said Monterey Road, S. 190 58' 2311 E. 510.11 feet to the North-
westerly terminus of a curve having a radius of 25 feet and described'
in said Deed to the state of California above referred to: thence
leaving said Northeasterly line of said Monterey Road and running
along a line radially to said curve, S. 700 01' 3711 w. to the North-
easterly line of said Monterey Road as established 66 feet wide, by
the Deed from Miller & Lux Incorporated to County of santa Clara, dated
May 23, 1914 and recorded July 27, 1914 in Book 419 of Deeds, page 261,
Santa Clara County Records: thence along said Northeasterly line of
Monterey Road as established by said Deed to County of Santa Clara
S. 200 II' E. 19.40 feet to the intersection thereof with the Northerly
line of Bane Lane as shown on said Map No. 7 hereinbefore referred to:
thence continuing along said Northeasterly line of said Monterey Road
as established by.said Deed to County of Santa Clara, S. 200 II' E.
crossing said Bane Lane to the southerly line thereof: thence continuing
along said Northeasterly line of Monterey Road as established by said
Deed to County of Santa Clara, S. 200 11' E. 452 feet to the intersection
thereof with the Northwesterly line of that certain parcel of land con-
veyed by Harry C. Scholten, et ux, to Bandy Oil & Supply Company, Inc.,
a corporation, by Deed dated October 30, 1936 and recorded November 6,
1936 in Book 788 of Official Records, page 564, Santa Clara County
Records: thence leaving Monterey Road and running along the Northwesterly
line of said parcel of land conveyed to Bandy Oil & Supply Company, Inc.,
a corporation, N. 690 49' E. 173 feet, more or less, to the lands now
owned by southern Pacific Company, a Corporation, successor to southern
Pacific Railroad Company, said lands being designated as Ranch Lot 68
on said Map No. 7 hereinabove referred to: thence along the southwesterly
line of said Ranch Lot 68 Northwesterly along the arc of a curve to the
right having a radius of 17,239 feet, 390.6 feet more or less, to the
southerly line of said Bane Lane above referred to: thence continuing
Northwesterly along the southwesterly line of said Ranch Lot 68 following
said curve to the Northerly line of said Bane Lane: thence continuing
Northwesterly along said southwesterly line of said R~nch Lot 68 along
the arc of said curve to the right having & radius of-17,239 feet, 119.35
feet to the Northerly terminus of said curve as shown on said Map No. 7
above referred to: thence continuing along the Southwesterly line of
said Ranch Lot 68, N. 200 00' w. 471.14 feet to the intersection of said
Southwesterly line with the Northwesterly line of said Ranch Lot 44 above
referred to, said intersection also being at the Easterly corner of
Sub-Lot 2l-A as shown on Maps accompanying the Report of the Referees
in said Partition Action and also being in the Southeasterly boundav
line of the City of Gilroy: thence along the southeasterly boundary of
the City of Gilroy to the point of beginning, being a portion of Ranch
Lots 44 and 48 including a portion of Bane Lane as shown on Map No. 7
accompanying the Final Report of the Referees in the partition Action
of Henry Miller, et aI, vs. Massey Thomas, et aI, had in the Superior
Court of the State of California, in and for the County of Santa Clara,
Case No. 5536. Description compiled from the records.
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PARCEL NO. II: All that part of state Highway 101 also
known as Monterey Road, between the present southerly City Limits
of the City of Gilroy and the Southwesterly extension of the South-
easterly boundary line of PARCEL NO. 1 as hereinbefore described.
Section II: Said Council does hereby further declare and
order that all property within said designated territory shall be
taxed by the City of Gilroy upon and after its annexation to said
City, to pay any and all bonded 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 designated as,
"SECOND SOUTHERN ADDITION TO THE CITY OF GILROyll.
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 Secretary of state.
PASSED AND ADOPTED the 6th day of November, 1961 by the
following vote:
NOES:
councilM~ers: 9uffln,Goodrich,Jordan,Petersen,Quartiroli,
Wentworth, and Sanchez.
CounciJbt8l11bers; None
A YES:
ABSENT:
councilJltembers: None
APPROVED:
Sj ~/1~-L'--Y
Mayor
ATTEST:
")
!
O/Z.t~H
City
6.~
Clerk
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SUSANNE E. PAYNE
, City Clerk of the City
of Gilroy, do hereby certify that the attached Ordinance No. 665
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
November
19 61
, at which meeting a quorum was present.
I further certify that the said ordinance has been pub-
lished in accordance with the ~harter of the City of Gilroy.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Gi I roy, this 7th
day of
November
, 19 61 .
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'City Clerk of