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Ordinance 708 ORDINANCE NO. 708 , J ...."-'-"'-" AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "FIFTH NORTHERN ADDITION- REVISED TO THE CITY OF GILROY," AND FOR THE INCORPORATION OF SUCH ANNEXED TERRITORY IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERNMENT 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 uninhabited Territory certain land located in the County of Santa 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 all 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 proposed to be annexed is contiguous to the present city limits of 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 made its report thereon approving 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 5th day of August, 1963, adopt Resolution No. 773, finding the foregoing as facts and fixing Tuesday, the 3rd day of September, 1963, at the hour of 8:00 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, (1) {7 C 6 WHEREAS, notice of the said hearing has bean given as required by Sections 35307 and 35311 of the said Government Code by publica- tion of a copy of said Resolution in the GILROY EVENING DISPATCH, a newspaper published in the said City of Gilroy on the 6th and 13th days of August, 1963, 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 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 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 con- sidered 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 ~hat the said territory be annexed to the said City of Gilroy~ and, WHEREAS, 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 Gilroy, upon and after the annexation of said territory to said City, 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~ 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 the Government Code of the State of California, the same being Chapter 297, Statutes (2) - ~""I C'--"'i):F' '-, 1M' M>i1'i~rr of 1939, and Amendments thereto, there is hereby annexed to the City of Gilroy as uninhabited territory the property and premises herein- before mentioned which are more particularly described as follows, to-wit: "BEGINNING at the northeasterly corner of the Second Northern Addition to the City of Gilroy as described in Ordinance No. 536 of said City adopted November 21, 1955 and running thence Westerly along the northerly line thereof to the intersection thereof with the southwesterly line of the State Highway, IV-SCI-2, (Monterey Road)~ thence northwesterly along said southwesterly line to the southeasterly corner of that certain 0.463 acre parcel of land as shown on Map entitled, "Record of Survey of a Portion of Las Animas Ranchlot 25", which map is recn rded in Book 129 of Maps at page 23, Records of Santa Clara County, California~ thence along the southerly line of said 0.463 acre parcel, the 9.537 acre parcel and the 29.91 acre parcel, as shown on said Map, S. 880 361 50~ W. 2842.27 feet to the sou~hwesterly corner of said 29.915 acre parcel in the centerline of Wren Avenue~ thence continuing S. 88~ 361 50~ W. 33.00 feet to a point in the westerly line of Wren Avenue~ thence along the westerly line of Wren Avenue N. 00 401 w. 751.57 feet~ thence N. 880 351 E. 33.00 feet to the northwesterly corner of said 29.915 acre parcel in the centerline of Wren Avenue~ thence along the northerly line of said 29.915 acre parcel and said 9.537 acre parcel N. 880 351 E. 1909.48 feet to a corner of said 9.537 acre parcel~ thence along the northeasterly line of said 9.537 acre parcel S. 220 17' E. 483.68 feet~ thence along the northerly line of said 9.537 acre parcel N.88039' E. 635.94 feet to the northeasterly corner thereof in the southwesterly line of th~ said St.te Highway~ thence continuing N. 880 39' E. to a' point in the northeasterly line of the lands of the Southern Pacific Railroad Company~ thence along said northeasterly line S. 220 191 30" E. to the point of beginning, and containing therein approximately 43.00 acres of land." 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, "FIFTH NORTHERN ADDITION-REVISED 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 (3 ) this Ordinance in the office of the Secretary of State. 6efTe l'11 her PASSED AND ADOPTED THIS 3rd day of ~!~a~, 1963, by the following vote: NOES: COUNCILMEMBERS: Duff 1 n, Eckard, Goodr i ch, Jordan, Quartiroll,Wentworth and Petersen. COUNCILMEMBERS: None COUNCILMEMBERS: None AYES: ABSENT: APPROVED: .."1 /' ~ c" ......"""'..... . -A.m. Y~ t' ~ -:~L::Z/ 1-..<1.e'7-1., ATTEST: ('./ Z{.cJ~ CITY CLERK ,~ 6/r /1 ! (4) " . "%,1',,,, ,