Ordinance 772
ORD INANCE NO. 77 2 '
AN ORDINANC~ PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "LIMAN-CARLYLE NO. 66-1 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 20th day of June, 1966, unanimously adopt Resolution No. 1022
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 CitYfofficials 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 20th day of JuneJ 1966,
adopt Resolution No. 1023 declaring and resolving that pursuant to
the provisions of the Uninhabited Territory Acts 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 unin-
habited territory situated in the County of Santa Clara State of
California, described in the said Resolution No. 1022 and in said
Resolution No. 1023 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 Govern-
ment Code and said Commission did fix the dateJ 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 therewithJ made its decision
upon the proposed annexation, and has approved said annexation as
proposed and initiated; and
Whereas, no petition seeking the annexation of said territory
was circulated or filed nor did any officer or agency of the City
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of Gilroy accept any such petition for filing nor the Council initi-
ate any proceedings to annex the said territory on its own motion
until after it did file a notice of intention to annex the said ter-
ritory with the said Local Agency Formation Commission and no fur-
ther 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 terri-
tory and in the Resolution No. 1023 hereinbefore referred to declar-
ing 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 "LIMAN-CARLYLE NO. 66-1 ANNEXATION TO
THE CITY OF GILROY"; and
Whereas, in the said Resolution No. 1023, the said Council of
the City of Gilroy did find all of the foregoing as facts and there-
in fixed Monday, the 1st day of August, 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. 1023 complied with the provisions of the said Annexation of Un-
inhabited 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 of
a copy of the said Resolution No. 1023 in the Gilroy Evening Dis-
patch, a newspaper published in the City of Gilroy, on June 30th
and July 7th, 1966 and in the Morgan Hill Times, a newspaper pub-
lished in the City of Morgan Hill, in the County of Santa Clara
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but not in the city of Gilroy, on June 30th and July 7th, 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 Resolution
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 g THE COUNCIL OF THE CITY OF GILROY HEREBY ORDAINS
AS FOLLOWS:
Section I: Under the authority of the said Uninhabited Terri-
tory 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 of 1939, and amendments thereto, there is hereby an-
nexed 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 the "Map of the North Gilroy Tract" as shown
on the map thereof filed for Record in Book "w" of Maps at
pages 14 and 15, Records of Santa Clara County, and also a por-
tion of Las Animas Ranch Lot 32 as shown on Map No. 7 accom-
panying the Final Report of the Referees in the Las Animas Ran-
cho Partition Suit, Action No. 5536 had in the Superior Court
of the State of California, in and for the County of Santa
Clara, and being more particularly described as follows:
"BEGINNING at the northwesterly corner of Lot 3 in Block 5
as shown on said Map, and running thence along the northerly
line of Lots 1, 2 and 3 in Block 5 and the northerly line
of Lots 1, 2 and 3 in Block 3 and the prolongation thereof
N. 880 351 E. 1251.30 feet to the intersection thereof with
the centerline of Lilly Avenue; thence along the centerline
of Lilly Avenue N. 130 29' W. 189.90 feet to the intersection
thereof with the centerline of Liman Avenue; thence along
the centerline of Liman Avenue S. 880 35' W. 60.25 feet, more
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or less, to the intersection thereof with the southerly
prolongation of the easterly line of that certain parcel
of land described in the Deed to Glenn C. Defebaugh, et
UX, Recorded in Volume 4407 at page 476, Official Records
of Santa Clara County 1 thence along the said prolongation
and easterly line N. 20 20' W. 170.02 feet to the north-
easterly corner of said Parcel conveyed to Defebaugh;
thence along the northerly line of said Parcel and the
Westerly prolongation thereof (being 150.00 feet northerly
at right angles from the northerly line of Liman Avenue)
S. 880 35' W. 559.05 feet more or less, to a point in the
centerline of Carlyle Avenue that is N. 220 20' W. 181.99
feet from the intersection of the centerlines of Carlyle
and Liman Avenues as shown on said "Map of the North Gilroy
Tract"; thence along the centerline of Carlyle Avenue N.
220 20' W. 41.54 feet to the northeasterly corner of Lot 1
in Block 6 as shown on said Map; thence along the norther-
ly line of Lots 1, 2 and 3 in Block 6 S. 880 35' W. 574.75
feet to the northwesterly corner of Lot 3i thence along
the westerly line of Lot 3 in Block 6 and the westerly line
of Lot 7 in Block 5 s. 10 251 E. 394.50 feet to the point
of beginning, and
CONTAINING THEREIN 10.257 acres".f
Section II: The said territory hereby annexed to the City
of Gilroy shall be known as, and is hereby designated as "LIMAN-
CARLYLE NOo 66-1 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 1st day of
August, 1966 by the following vote:
AYES: COUNCILMEMBERS: Al1emand,Duffin,Eckard,And Wentworth.
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS: Goodrich,Quarti rol i, and Petersen.
APPROVED:
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i. I t J( c;r-;:-e t (, t",t /i_l '>1' .! .. 'i
Mayor Protempore
ATTEST:
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/(Ot.r.t-J-,"..-u' -L/" "'L"-1'1t.'-~.,
. City ClerK!
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I ,
SUSANNE E. PAYNE
, City Clerk of
the City of Gilroy, do hereby certify that the attached Ordinance
No. 772
Is an original ordinance, duly adopted by the Council
of the City of Gilroy at a regular meeting of said Council held on
the
1st
day of
Aug us t
, 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, I have hereunto set my hand and af-
fixed the official seal of the City of Gilroy, this 3rd
day of
Augus t
<:/ /."Jat/}t1.u
C'i ty Clerk of the