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Ordinance 768 ORD INANCE NO. 768 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "FARRELL AVENUE-10l ANNEXATION 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, the Council of the City of Gilroy did heretofore and on the 18th day of April, 1966, unanimously adopt Resolution No. 1006 declaring the intention of the Council of the City of Gilroy to initiate on its own motion proceedings to annex certain uninhabited territory therein and hereinafter more particularly described, which Resolution directed the proper City officials to cause the necessary proceedings to be undertaken and completed required to annex the said premises to the City of Gilroy; and WHEREAS, the said Council did on the said 18th day of April, 1966, adopt Resolution No. 1007 declaring and resolving that pursuant to the provisions of the Uninhabited Territory Act of 1939, proceed- ings have been initiated by the Council of the City of Gilroy on its own motion to annex to the said City of Gilroy all of the said uninhabited territory situated in the County of Santa Clara, State of California, described in the said Resolution No. 1006 and in said Resolution No. 1007, and hereinafter more particularly described; and WHEREAS, notice of the initiation of the said proceedings to annex the said premises has heretofore been filed with the Local Agency Formation Commission pursuant to Section 54761 of the Government Code and said Commission did fix the date, time and place for a public hearing upon the proposed annexation and did give notice of said hearing as required by Section 54763 of the Government Code and did hold the said hearing in accordance therewith, made its decision upon the proposed annexation, and has approved said annexation as proposed and initiated; and (1) 7 (;; f3 WHEREAS, no petition seeking the annexation of said territory was circulated or filed nor did any officer or agency of the City of Gilroy accept any such petition for filing nor the Council initiate any proceedings to annex the said territory on its own motion until after it did file a notice of intention to annex the said territory with the said Local Agency Formation Commission and no further action was taken concerning the proposed annexation until the said Commission rendered its decision, as provided for in Section 54766 of the Government Code; and WHEREAS, in the said resolution of the Council declaring its intention to initiate proceedings for the annexation of said territory and in the Resolution No. 1007 hereinbefore referred to declaring that proceedings have been initiated for the annexation of said territory and in all of the proceedings relating to said annexation the said territory proposed to be annexed and described in said proceedings was identified as "FARRELL AVENUE-10l ANNEXATION TO THE CITY OF GILROY"; and WHEREAS, in the said Resolution No. 1007, the said Council of the City of Gilroy did find all of the foregoing as facts and therein fixed Monday, the 6th day of June, 1966, at the hour of 8:00 o'clock, p.m., in the Council Chambers in the City Hall, Gilroy, California, as the time and place of the public hearing upon said proposal, when and where any person owning real property within the uninhabited territory hereinbefore mentioned and hereinafter more particularly described proposed to be annexed might appear before the said Council and show cause why such uninhabited territory should not be so annexed to the City of Gilroy and said Resolution No. 1007 complied with the provisions of the said Annexation of Uninhabited Territory Act of 1939 in all respects; and WHEREAS, notice of said hearing has been given as required by Sections 35307 and 35311 of the Government Code by publication (2) of a copy of the said Resolution No. 1007 in the Gilroy Evening Dispatch, a newspaper published in the City of Gilroy, on April 28th and May 5th, 1966, and in the Morgan Hill Times a newspaper published in the City of Morgan Hill, in the County of Santa Clara but not in the said City of Gilroy, on April 28th and May 5th, 1966, 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 be given, all in the time and in the manner required by law; and WHEREAS, the said Council of the City of Gilroy has now held the said hearing at the time and place fixed in the said Rerolution and in the said notices and no majority or other protests to the said proposed annexation have been filed or made, and the said Council has adopted a resolution so declaring, and the said Council having duly considered the matter of said annexation and again finds all the foregoing to be 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. NOW THEREFORE ~ THE COUNCIL OF THE CITY OF GILROY HEREBY ORDAINS AS FOLLOWS: SectionI: Under the authority of the said Uninhabited Territory Act of 1939, as set forth in Sections 35300 to 35326 of the Govern- ment 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 premises hereinbefore mentioned, which are more particularly described as follows, to wit: BEING a portion of Lot 3 as shown on the Map of the Jas. A. Clayton Subdivision filed for Record in Book "V" of Maps at pages 1 and 2, Records of Santa Clara County, California, and being also a portion of the Las Animas Rancho, and being more particularly described as follows: (3) BEGINNING at a point in the centerline of Farrell Avenue distant thereon N. 67034IE.272.13 feet from the most southerly corner of Lot 3 as shown on said Map, said point of beginning being also the most easterly corner of that certain parcel of land described in the deed to Malcolm L. and J. Kathryn Castleberry, his wife, recorded in Volume 3626 at page 357, Official Records of Santa Clara County, and running thence along the centerline of Farrell Avenue N.67034IE.333.97 feet to the most southerly corner of the certain parcel of land described in the deed to Gabriel G. Lepiane and Carmen U. Lepiane recorded under Serial Number 465183 in the Office of the Recorder of Santa Clara count~; thence along the southwesterly line of said Parcel N. 22 20'W.lOO.00 feet to the northwesterly corner thereof; thence along the northerl~ line of said Parcel and the prolongation thereof N.67 34'E.475.00 feet, more or less, to the intersection thereof with the northeasterly line of the Southern Pacific Railroad; thence along said north- westerly line N.22020'W.140.l0 feet to the intersection thereof with the northwesterly line of said Lot 3 prolonged easterly; thence along said prolongation and the northwesterly line of Lot 3 S.67034'W.808.97 feet to the most northerly corner of said parcel of land described in the deed to Castleberry first above referred to; thence along the north- easterly line of said Parcel S.22020IE.240.10 feet to the point of beginning, and CONTAINING THEREIN approximately 3.37 acres. Section II: The said territory hereby annexed to the City of Gilroy shall be known as, and is hereby designated as "FARRELL AVENUE-lOl ANNEXATION TO THE CITY OF GILROY". Section III: 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 by the Gilroy City Council this 6th day of June, 1966, by the following vote: AYES: COUNCILMEMBERS: All emand, Duff in, Ecka rd, Qua r t i ro 1 i , Wentworth, and Petersen. NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Goodr i ch APPROVED: I , , ....-:...- ~ "- '1 ,/ Mayor ATTEST: ,? ,//) t.~ Clerk C]) 24/Jtc/J?UCJ City (4) I, SUSANNE E. PAYNE , City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 768 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of June , 19 66 , 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, , have hereunto set my hand and af- fixed the official seal of the City of Gilroy, this 8th day of June 66 .