Ordinance 796
ORDINANCE NO. 796
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "HECKER PASS-MOREY AVENUE ANNEXATION 66-2 TO THE
CITY OF GILROY" AND FOR THE INCORPORATION OF SUCH
ANNEXED TERRITORY IN AND AS A PART OF SUCH MUNICI-
PALITY FOR THE GOVERNMENT AND MUNICIPAL CONTROL
THEREOF.
WHEREAS, the Council of the City of Gilroy did heretofore
and on the 20th day of March, 1967, unanimously adopt Resolution
No. 1089 declaring the intention of the Council of the City of
Gilroy to initiate on its own motion proceedings to annex cer-
tain uninhabited territory therein and hereinafter more particu-
larly 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 GilroYi and
WHEREASt the said Council did, on the 20th day of March,
1967, adopt Resolution No. 1090 declaring and resolving that pursu-
ant to the provisions of the Uninhabited Territory Act of 1939,
proceedings have been initiated by the Council of the City of Gil-
roy 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. 1089 and
in said Resolution No. 1090, and hereinafter more particularly des-
cribedi 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 Cod1
and did hold the said hearing in accordance therewith, made its de-
cis ion upon the proposed annexation, and has approved said annexa-
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tion as proposed and initiatedi and
WHEREAS, no petition seeking the annexation of said terri-
tory 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 Codei and
WHEREAS, in the said Resolution of the Council declaring its
intention to initiate proceedings for the annexation of said ter-
ritory and in the Resolution No. 1090 hereinbefore referred to de-
claring that proceedings have been initiated for the annexation of
said territory and in all the proceedings relating to said annexa-
tion the said territory proposed to be annexed and described in
said proceedings was identified as "HECKER PASS-MOREY AVENUE AN-
NEXATION 66-2 TO THE CITY OF GILROY"i and
WHEREAS, in the said Resolution No. 1090, 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 May, 1967, at the hour of 8:00 o'-
clock, p.m., in the Council Chambers in the City Hall, Gilroy, Cali-
fornia, as the time and place of the public hearing upon said propos-
al, when and where any person owning real property within the unin-
habited territory hereinbefore mentioned and hereinafter more parti-
cularly 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 C~ of Gilroy and said Resolution No. 1090
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
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Sections 35307 and 35311 of the Government Code by publication
of a copy of the said Resolution No. 1090 in the Gilroy Evening
Dispatch, a newspaper published in the City of Gilroy, on March
30th, 1967 and April 6th, 1967, 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 City of Gilroy, on March 30th, 1967
and April 6th, 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
WHEREAS, 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 protest 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 Resolu-
tion 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 OR-
DAINS 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 1939, and amendments thereto, there is hereby annexed
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to the City of Gilroy as uninhabited territory the property and
premises hereinbefore mentioned, which are more particularly des-
cribed as follows, to wit:
BEING all of Lot L and a portion of Lot K as shown on
that certain "Map of the Partition of the Lands of L.
Fine", which said map is filed for Record in the Of-
fice of the County Recorder of Santa Clara County,
California in Book "F" of Maps at page 9 therein; and
being more particularly described as follows:
"BEGINNING at the intersection of Hecker Pass Highway
(shown as Bodfish Mill Road on said Maps) with the line
common to the Solis and Las Animas Ranchos (being also
the centerline of MOuey Avenue or Anson Lane) and run-
ning thence along the centerline of said Morey Avenue
N. 40 56' E. 712.67 feet more or less to the point of
intersection with the easterly prolongation of the
north line of said Lot ilL"; thence along said north
line of Lot L N. 890 45' W. 922.61 feet to the north-
erly common corner of said Lot L and said Lot Ki thence
along the common line of said Lot L and Lot K south
401.00 feet to the northeasterly corner of that certain
parcell of land described in deed from Walter J. Hanna
and Maye Z. Hanna to California and Nevada District of
the Luthern Church - Missouri Synod a corporation filed
for record in the Office of the Said County Recorder in
Book 5301 of Official Records at Page 403 therein; thence
along the boundary of said parcel 1 of land the following
(7) courses and distances:
West, 304.21 feet to the northwesterly corner thereof,
thencei south, 68.90 feet, thencei S. 20 44' W. 192.22
feet to the point of tangency with a 300 foot radius
curve to the right; thence along the arc of said 300
foot radius curve through a central angle of 210 04' an
arc distance of 110.30 feeti thence S. 230 48' W. 41.70
feet to the point of tangency with a 300 foot radius
curve to the left; thence along the arc of last said 300
foot curve through a central angle of 260 16' 30" an arc
distance of 137.58 feet; thence S. 20 28' 30" E. 87.28
feet to the point of intersection with the centerline of
said Hecker Pass HighwaYi
Thence along the centerline of said Hecker Pass Highway
N. 800 54' E. 656.58 feet and N. 700 041 E. 624.36 feet
to the point of beginning, and
CONTAINING THEREIN 22.01 acres of land more or less~
Section II: The said territory hereby annexed to the City
of Gilroy shall be known as, and is hereby designated as "HECKER
PASS-MOREY AVENUE ANNEXATION 66-2 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
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this Ordinance in the office of the Secretary of state.
PASSED AND ADOPTED by the Gilroy City Council this 1st day
of May, 1967, by the following vote:
AYES: COUNCIilI'..EMBERS: All emand, Duff in, Kennedy, Jr. ,Qua rt i ro 1 i ,
Silva,Wentworth, and Goodrich.
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS:None
APPROVED:
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/?l'7~-rt.."/ /~-zA.--<:..-l\
Mayor
ATTEST:
/
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I. SUSANNE E. PAYNE ,City Clerk of
the City of Gilroy, do hereby certify that the attached Ordinance
No. 796 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 Mav , 19 67 ,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 2nd day of