Ordinance 762
ORDINANCE NO. 762
ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
GILROY BY REMOVING FROM Rl DISTRICT AND PLACING IN R3
DISTRICT PREMISES OF A. W. PETERSON AND NANCY PETERSON~
HIS WIFE, LOCATED ALONG THE EAST SIDE OF WREN AVENUE:
COMBINED WITH "SI1 ZONE REGULATIONS" UPON CONDITION THAT
FLOOD CONDITIONS ON NORTH SIDE OF PROPERTY BE REMOVED
BEBIIJm1'ANY-'CONSTRUCTION: OF IMPROVEMENTS THEREON IS BEGUN
WHEREAS, A. W. PETERSON and NANCY PETERSONr his wife, have
heretofore filed with the Planning Commission of the City of
Gilroy a petition for the rezoning from Rl District and placing
in R3 District, combined with liS" Zone regulations the following
described premises located along the east side of Wren Avenue in
said City, to wit:
BEGINNING at the point of intersection of the centerline
of a road known as Wren Avenue with the Northerly line of
the parcel of land conveyed by M.E.Thomas to Arthur H.
Buehler, by Deed dated March 25, 1927, and recorded April
2, 1927, in Book 307 of Official Records, Page 463, Santa
Clara County Records; thence S.Oo42IE. along said center-
line of Wren Avenue 187.02 feet to the Northwesterly corner
of that certain parcel of land conveyed by Albert Roberti,
et UX, to Artie Lewis Daffern, et UX, by Deed dated February
1, 1948, and recorded January 27, 1950, in Book 1916 of
Official Records, page 523, Santa Clara County Records;
thence North 89032130llEast, along the Northerly line of the
parcel so conveyed to Daffern to a Southwesterly corner of
that certain 2 acre tract of land conveyed by E.M.Crum, et
UX, to A.W.Peterson, et UX, by Deed dated March 24, 1956,
and recorded April 4, 1956, in Book 3458 of Official Records,
at page 107; thence along the Westerly line of said 2 acre
tract of land, N.lo24IW.187.00 feet, more or less, to the
Northwesterly corner thereof on the Southerly line of that
certain 20.00 acre tract of land conveyed by M.E.Thomas to
Peter Basarich by Deed dated May 19, 1926, and recorded
May 29, 1926, in Book 246 of Official Records, page 137;
thence along the Southerly line of said 20.00 acre tract of
land, S.88036JW. t& the point of beginning and being a
portion of Las Animas Ranch Lot 25, as shown upon Map No.
7 accompanying the Report of the Referees in the Partition
Suit had in the Superior Court of the State of California,
in and for the County of Santa Clara, Action No. 5536;
and
BEGINNING at the southeasterly corner of the premises conveyed
by Albert Roberti, et UX, to Artie Lewis Daffern, et UX, by
deed dated February 1, 1948, and recorded January 27, 1950,
in Book 1916 of Official Records, page 523, Santa Clara
County Records, said point being also the northwesterly corner
of that certain parcel of land conveyed by E.M.Crum, et UX, to
Manuel Flores, et UX, by Deed dated September 21, 1954, and
recorded March 31, 1955, in Book 3128 of Official Records,
page 282, Santa Clara County Records; thence N.89032130IlE.
along the northerly line of the parcel of land so conveyed to
Manuel Flores, et UX, and along the northerly line of that
certain parcel of land conveyed by E. M. Crum, et UX, to H.
Ortiz, by deed dated September 21, 1954, and recorded March 21,
1955, in Book 3119 of Official Records, page 380, Santa Clara
76~!v
( 1)
County records, to the northeasterly corner of the said
parcel of land so conveyed to Ortiz in the westerly line
of that certain parcel of land conveyed by E.M.Crum, et ux,
to Lola Tovar, by deed dated June 13, 1946, and recorded
June 13, 1946, in Book 1477 of Official Records, page 562,
Santa Clara County records; thence N.lo241W.along the
westerly line of the parcel so conveyed to Tovar to the
northwesterly corner thereof in the southerly line of that
certain 20 acre tract of land conveyed by M.E.Thomas to
Peter Basarich by deed dated May 19,1926, and recorded May
29, 1926, in Book 246 of Official Records, at page 137,
Santa Clara County Records; thence S.88036sW.along said
southerly line of the said 20 ac~e tract 351.00 feet; thence
S.lo241E.187.00 feet, more or less, to the northerly line
of the premises hereinbefore mentioned conveyed by Albert
Roberti, et ux, to Artie Lewis Daffern, et ux, by deed dated
February 1, 1948, and recorded in Book 1916 of Official Records
at page 523, Santa Clara County Records; thence N.89032!30"E.
along the northerly line of the said premises so conveyed to
Daffern to the northeasterly corner thereof; thence S.Oo42'E.
along the easterly line of said Daffern property 125.00 feet
to the southeasterly corner thereof and the point of beginning,
containing 2 acres, approximately;
ALSO, a non-exclusive easement and right of way to be used
jointly with others, over a strip of land of a uniform width
of 50.00 feet, extending along and immediately South of the
20 acre tract of land conveyed to Peter Basarich, recorded
in Book 246 of Official Records, at page 137, Santa Clara
County Records, said right of way running from Wren Avenue
to the Monterey Road.
SUBJECT to a right of way over the northerly 50.00 feet of
the premises above described, as granted by E.M.Crum, etux,
to Joseph Deanda, et ux, by deed dated June 1, 1946, and
recorded June 13, 1947, in Book 1477 of Official Records,
page 560, Santa Clara County Records, and as granted to
various other parties by deeds of record, which right of way
is to be used by the grantees herein in common with the
grantees and parties named in the other deeds;
SUBJECT, also, to an easement for road purposes over a strip
of land 20 feet in width, the centerline of which is the
northerly prolongation of the Easterly line of that certain
parcel of land conveyed by E.M.Crum, etux, to Manuel Fores,
et ux, by Deed dated 3p tember 21,1954,and recorded March 30,
19t5, in Book 3128 of Official Records, page 282, Santa Clara
County Records, the Northerly terminus of said 20 foot strip
being the northerly line of the premises hereinbefore described
as granted in said Deed and other instruments of record.
and
WHEREAS, the Planning Commission has held a public hearing
upon the said application, in accordance with the law and the said
Planning Commission has filed its report upon the said application
with the Council of the City of Gilroy in which it recommends that
the said application be granted; and
( 2)
WHEREAS, the Council of the said City has heretofore fixed
the 7th day of February, 1966u at the hour of 8:00 olclock, p.m.,
in the Council Chambers in the City Hall at No. 10 South Rosanna
Street, Gilroy, California, as the time and place for hearing the
said report and recommendation upon the said application and notice
of the said hearing has been given in accordance with the said
zoning ordinance, and a public hearing has now been held upon the
said application, at the time and place fixed in the said notice,
before the Council, and the Council having duly considered the
said application, and the evidence presented, has determined that
the said Zoning Ordinance should be amended in accordance with the
said petition.
NOW THEREFORE... THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN
AS FOLLOWS:
Section 1: The Zoning Ordinance of the City of Gilroy is
hereby amended by removing from Rl District and placing in R3
District, combined with "SII Zone regulations, as the same are
defined in the said Zoning Ordinance, the premises hereinbefore
described belonging to the said A. W. PETERSON and NANCY PETERSON:
his wife, upon the condition that flood conditions on the north
side of the property be removed before any construction thereon
begins.
Section 2: The official map constituting a part of the
Zoning Ordinance of the City of Gilroy shall be amended to reflect
the foregoing change of classification of the said property.
Section 3: All ordinances and parts of ordinances in conflict
herewith are hereby repealed.
Section 4: This ordinance shall take effect and be in full
force thirty (30) days from and after its passage and approval.
PASSED AND ADOPTED this 21st day of February, 1966, by the
following vote:
AYES:
COUNCILMEMBERS :A 11 emand, Eckard ,Goodr i ch,
Qua rt i ro 1 i , Wen tworth, and Petersen.
COUNCILMEMBERS :None
NOES:
ABSENT::
COUNCIIMEMBERS : Duff i n
APPROVED:~// ..;:::/
--':/l'-;'~ j':../~.Z~;:7~ ~:'I'~
t,..c.~ ) Mayor
( 3)
A~~:
--. '. .J*,
I, SUSANNE E. PAYNE ,CI ty Clerk of
the City of Gilroy, do hereby certify that the attached Ordinance
No. 762 is an original ordinance, duly adopted by the Council
of the City of Gilroy at a regular meeting of said Council held on
the 21st 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 24th
February , 19 66.
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