Ordinance 675
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ORDINANCE NO.
675
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF
THE BOUNDARIES OF THE CrrY OF GU,ROY BY THE
ANNEXATION THERETO OF CERTAIN UNINHABITED TER-
RITORY DESIGNATED AS "FIFTH WESTERN ADDITION
( ~-6 2) TO THE CITY OF GILROY, AND FOR THE
INCORPORATION OF8UCH ANNEXEI) TERRIT9RY IN AND
AS A PART OF SUCH MUNICIPALITY FOR THE GOyERN-
MENT AND 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 unihabited territOry certain land located in the County
of S~nta Clara, State of California, therein and hereinafter more
particularly described; and
WHEREAS, 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
WHEREAS, 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 territory; and
WHEREAs, the said Council of the City of Gilroy did
heretofore and on the second day of April, adopt Resolution No. 678,
finding the foregoing as facts and fixing Monday, the 7th day of May,
1962, at the hour of 8:00 otclock 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 Code; and
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WHEREAS I' notice of the said hearing has been given as
required by Sections 35307 and 3$311 of the said Government Code by
publication of a copy of said Resolution in the GILROY EVENING DIS-
PATCHr a newspaper published in the s~id City of Gilroy, on the 5th
and 12th days of AprilI' 19621' as required by law and the previous
order of the Council and also by giving notice of the time and
place of the hearing to all persons and bodies to who the law re-
quires such notice to be givenr all in the manner and time as required
by law; and
WHEREASI' 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 filedI' and the said Council having duly con-
sidered the matter of said annexation and finding all the foregoing
as factsI' 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
lIHEREABr the owners of all 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 contains
the written consent of said signers, pursuant to section 35319 Of
the Government Code to the Taxation by the City of GilroyI' upon and
after the annexation of said territory to said CityI' of property within
said territory to pay any. and all bonded and other indebtedness and any
and all liabilities of said City contracted prior 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 purpose,. and said petition also contains the
agreement of the said owners to pay the storm drainage disposal charge
as established in the annexation policy adopted by the City of Gilroy
before the ordinance annexing the property shall be adopted;
NOW,. THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES
HEREBY .oRDAIN AS FOLLOWS:
Section I: Under the authority of the said "Uninhabited
Territory Act of 1939", as set forth in Sections 35300 to 35326 of
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the Government Code of the state of California, 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 pre-
mises hereinbefore mentioned Which are more particularly described as
follows; to wit:
BEING a portion of Ranch Lot 16, as shown on Map No. 7t
accompanying the final report of the Referees in the
Partition Action of Henry Miller, et aI, vs. Mps,e.y
Thomas, et aI, in the S~perior Court of the State of
California, in and for the Cpunty of Santa Clara Case
No. 5536, and being also a portion of that certain
169.06 acre tract conveyed by Miller & Lux Incorporated
a corp. to F. E. Stelling by Deed dated January 25,
1927t and recorded in Volume 296 of Official Records,
page 249t Records of Santa Clara County, California,
more particularly described as follows:
"BEGINNING at the intersection of the Southeasterly
line of Sixth street with the westerly line of Prince-
valle street, which is the easterly line of said
Stelling property and running thence along the South-
easterly line of Sixth street, which is the present
corporate Ijntits of the City of GilroYt S. 690 59t
w. 1516.59 feet to the northwesterly line of Miller
Avenuei thence along the northwesterly line of Miller
Avenue, S. 00 461 W. 754.21 feet; thence N. 700 00. Eo
1784.03 feet to the Westerly line of Princevalle
Street; thence along said westerly line, N. 200 W.
705.65 feet to the point of beginning, and
CONTAINING THEREIN 26. 725 acre parcel of land. tt
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
CitYt to pay any and all bonded andother indebtedness and any and
all liabilities of the City of Gilroy contracted prior to or existing
at the tjnte 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,
"FIFTH WESTERN ADDITION TO THE CITY OF GILRQYII 0
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 1!tli day of .M.~y:':'o::.. 1962, by the
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following vote:
NOES:
Counci~bers: Duffin,Jordan,Petersen,Quartiroli ,Wentworth,
and Sanchez.
Counc il!tcmrt>ers: None
AYES:
ABSENT:
Councilltembers: Goodri ch
APPROVED:
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/ Mayor
ATTEST:
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City Clerk
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SUSANNE E. PAYNE
, City Clerk of the City
of Gilroy, do hereby certify that the attached Ordinance No. 675
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
7th
day of
May
,
19 62 ,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 affixed
the official seal of the City of Gilroy, this
8th
day of
May
, 19 62 .
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