Ordinance 787
ORDINANCE NO. ~
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "WREN-MONTEREY -FARRELL 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 19th day of December, 1966, unanimously adopt Resolution Noo
1072 declaring the intention of the Council of the City of Gilroy
to initiate on its own motion proceedings to annex certain unin-
habited territory therein and hereinafter more particularly des-
cribed Which Resolution directed the proper City Officials to cause
the necessary proceedings to be undert~cen and completed required
to annex the said premises to the City of GilroYi and
WHEREAS, the said Council did, on the 19th day of December,
1966, adopt Resolution Noo 1073 declaring and resolving that pursu-
ant to the provisions of the Uninhabited Territory Act of 1939, pro-
ceedings 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. 1072 and in said
Resolution No. 1073, 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 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
WHEREASc 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
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 Commis-
sion and no further action was taken concerning the proposed annex-
ation 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. 1073 hereinbefore referred to declar-
ing that proceedings have been initiated for the annexation of said
territory and in all the proceedings relating to said annexation
the said territory proposed to be annexed and described in said pro-
ceedings was identified as "WREN-MONTEREY-FARRELL ANNEXATION TO THE
CITY OF GILROY"; and
WHEREAS, in the said Resolution No. 1073, the said Council of
the City of Gilroy did find all of the foregoing as facts and there-
in fixed Monday, the 6th day of February, 1967, at the hour of 8:00
o'clock, pom., 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. 1073
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 of
a copy of the said Resolution No. 1073 in the Gilroy Evening Dispatch,
a newspaper published in the City of Gilroy, on December 29th,1966 and
January 5th, 1967, and in the Morgan Hill Times, a newspaper published
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in the City of Morgan Hill, in the County of Santa Clara but not
in the City of Gilroy, on December 29th, 1966 and January 5th,
1967, 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 lawi and
WHEREASt the said Council of the City of Gilroy has now held
the said hearing at the time and place fixed in the said Resolu-
tion and in the said notices and no majority or other protests 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 Coun-
cil 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:
Section I: Under the authority of the said Uninhabited Ter-
ritory Act of 1939, as set forth in Sections 35326 of the Govern-
ment Code of the State of California, the same being Chapter 297,
Statutes of 19390 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 29 as shown on Map No. 7
accompanying the Final Report of the Referees in the
Las Animas Rancho 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 also a
portion of the "Jas. A. Clayton & Co's. Subdivision
of Las Animas Ranch Lot No. 31 and a part of Las Ani-
mas Ranch Lot Noo 30", which Map is filed for record
in Book "V" of Maps at pages 1 and 2, Records of Santa
Clara County, California, and being more particularly
described as follows:
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"BEGINNING at southerly common corner of Lot 11 and
Lot 10 in the centerline of Farrell Avenue as shown
on said Map of the Clayton Subdivision, and running
thence along said centerline of Farrell Avenue N.
670 341 E. 464.63 feet to the most easterly corner
of that certain parcel of land described in the Deed
to Malcolm Lo and Jo Kathryn Castleberry, his wife,
recorded in Volume 3626 at page 357, Official Records
of Santa Clara County, and running thence along the
northeasterly line of said Parcel No 220 20' W. 240.
10 feet to the most northerly corner thereof in the
northwesterly line of Lot 3 as shown on said Map of
the Clayton Subdivision; thence along said northwest-
erly line and the prolongation thereof N. 670341 E.
808.97 feet, more or less, to the intersection there-
of with the northeasterly line of the Southern Paci-
fic Railroad; thence along the northeasterly line of
the Southern Pacific Railroad N. 220 20' W. 1146.48 feet
more or less, to the intersection thereof with the
northeasterly prolongation of the southeasterly line
of that certain parcel of land described in the Deed
to James R. Ebaugh and Floy S. Ebaugh, his wife, re-
corded in Volume 2857 at page 319, Official Records
of Santa Clara County, thence along said prolongation
and southeasterly line of said parcel conveyed to
Ebaugh and also along the southeasterly line of the
land of Camillo Gori and Mary Gori, his wife, S. 790
22' 10" W. 1503.04 feet to the southwesterly corner
of said lands of Gorii thence along the westerly line
of said lands of Gori N. 140 501 30" W. 5.00 feet to
the southeasterly corner of that certain 0.364 acre
parcel of land described in the Deed to Remo Tortia
and Amelia Tortia, his wife, recorded in Volume 4322
at page 170, Official Records of Santa Clara County;
thence along the southerly line of said 0.364 acre
parcel S. 820 541 00" W. 350.94 feet to the southwest-
erly corner thereof in the easterly line of Lot 22 of
said Clayton Subdivisioni thence along the easterly
line of Lot 22 S. 070 04' 00" E. 705.30 feet to the
northwesterly corner of Lot 15 as shown on said Map
of the Clayton Subdivision; thence along the north-
erly line of Lots 15 14 and 11 as shown on said Map
of the Clayton Subdivision, N. 820 501 E. 748.30
feet to the northeasterly corner of said Lot 11;
thence along the easterly line of said Lot 11 S. 220
18' 30" E. 915.40 feet to the point of beginning, and
CONTAINING THEREIN 500521 acres."
Section II: The said territory hereby annexed to the City
of Gilroy shall be known as, and is hereby designated as "WREN-
MONTEREY-FARRELL 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
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February, 1967, by the following vote:
AYES: COUNCILMEMBERS: All emand, Duff in, Eckard,Goodr i ch ,Quart i ro 1 i ,
Wentworth, and Petersen.
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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. 7~'7 is an original ordinance, duly adopted by the Council
of the City of Gilroy at a regular meeting of said Council held on
the 6 th
day of
February
. 1967 ,at which meeting
a quorum was present.
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
Ffbruary ,1~6;~
Q)k PJnL,[J-~. J
City Clerk of the C} of Gilroy
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7th day of