Ordinance 846
ORDINANCE NO. 846
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "THOMAS-MESA ANNEXATION 69-1 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, a written petition has heretofore been filed in
the office of the City Clerk of the City of Gilroy in accordance
with the provisions of the Annexation of Uninhabited Territory
Act of 1939, as set forth within Sections 35300 to 35326,
inclusive, of the Government Code, asking that there be annexed
to the City of Gilroy as uninhabited territory certain land
located in the County of Santa Clara, State of California, therein
and hereinafter more particularly described; and
WHEREAS, it appears that the said petition has been signed
by the owners of more than one-fourth of all of the land in the
territory proposed to be annexed by area and by assessed value
as shown on the last equalized assessment roll of the County of
Santa Clara, and that the said territory is contiguous to the
present city limits of the said City of Gilroy; and
WHEREAS, notice of intention to annex the said premises
has heretofore been filed with the Local Agency Annexation
Commission, pursuant to Section 54791 of the Government Code,
and the proposal for the annexation of said territory was there-
after submitted to the Boundary Commission of the County of Santa
Clara, and said Boundary Commission has reported upon the
definiteness and certainty of said boundaries and has approved
the same, and that a copy of a report of said Boundary Commission
has been filed with the said Local Agency Annexation Commission
of Santa Clara County, 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 54793 of
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the Government Code, and has held the said hearing, in accordance
therewith, made its determination upon the proposed annexation,
and has approved said annexation as proposed; and
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 Annexation
Commission and no further action was taken concerning the
proposed annexation until the said Commission rendered its
decision, as provided for in Section 54797 of the Government
Code; and
WHEREAS, the said Council of the City of Gilroy did heretofore
and on the 3rd day of February, 1969, adopt Resolution No. 1315
finding the foregoing as facts and fixing Monday, the 17th day
of March, 1969, at the hour of 8:00 o'clock, p.m., of said day
in the Council Chambers in the City Hall, Gilroy, California, as
the time and place for the hearing of said petition and proposal
to annex said territory, which Resolution complied with the
provisions of Sections 35305 and 35306 of Government Code; and
WHEREAS, notice of the said hearing has been given as
required by Sections 35307 and 35311 of the said Government Code
by publication of a copy of said Resolution in the GILROY
EVENING DISPATCH, a newspaper published in the said City of
Gilroy, on the 13th and 20th days of February, 1969, and in
the MORGAN HILL TIMES, a newspaper published in the City of
Morgan Hill, California, on the 13th and 20th days of February,
1969, 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 notices
to be given, all in the manner and within the time required
by law; and
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WHEREAS, the said Council of the City of Gilroy has now
held the said hearing and no objections or protests to said
proposed annexation having been filed or made, and the said
Council having duly considered the matter of said annexation
and finding all the foregoing as 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 of Gilroy; and
WHEREAS, the owners of all of the territory proposed to be
annexed signed the petition hereinbefore mentioned for the
annexation of said territory to the City of Gilroy, and said
petition contains the written consent of said signers, pursuant
to Section 35319 of the Government Code, to the Taxation by the
City of Gilroy, upon and after the annexation of said territory
to said City, of property within said territory, to pay any and
all bonded and other indebtedness and any and all liabilities of
said City contracted prior to or after the time of annexing said
territory to the City of Gilroy, said property to be taxed for
said purpose equally with other property in said City which is
taxable for said purpose; and
WHEREAS, the said Council has found and does hereby find
that all of the allegations, declarations, and statements
contained in the foregoing portion of this Resolution to be
true and correct.
NOW THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
Section I: Under the authority of the said "Uninhabited
Territory 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 annexed to the City of Gilroy as uninhabited
territory the property and premises hereinbefore mentioned,
which are more particularly described as follows, to wit:
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BEING a portion of La. Anima. l.aDeblot. 11, 15 and 16 a. .hown OIl
Map No. 7 accompanying the Final Report of the Referee. in the
Las Ani__ Rancho Partition Suit, Action No. 5'36 bad in the
Superior Court of the State of californiai in and for the County
of Santa Clara t and being more particular y deacribed a. fo llow.:
ttBBGItontr; at the 8outhwe.terly corner of USouthwe.t
Annexation No. 65-2 to the City of Gilroy" as described
in Re.olution No. 986 of said City, .aid point of beginn-
ing being in the southwesterly line of that certain
41.722 acre parcel of land de.cribed in the Deed frClD
C. M. Smith to Frank Filice, et ux, recorded February 1.5 J
1952 1n look 2366 at page 302 t Official tlecord. of Santa
Clara County! and running thence along said southwesterly
line s. 20.0u'Z. 42.55 feet to the 8outhweateX'ly corner
of said 41.722 acre parcel in the line common to Ranch
Lots 16 and 15; thence along said Ranch Lot Line West
151.84 feet, more or less to the corner common to Lots 3
and 4 a. show on the "Map of tm Mas.ey Thoma. Senior
Subdivision of Las Animas Ranch Lot No. 15" J which map
18 filed for Record in Book "G" of Maps at page 59,
Recorda of Santa Clara County; thence along the line
COtllDOll to said Lots South 810.00 feet; thence leaving
aaid Lot line East 491.24 feet; thence South 260.00 feet;
tbellCe West 491.24 feet to said common Lot line; thence
along said eODDOn Lot line South 172.12 feet, more or
le8. to the southerly common comer to said Loti in the
northwesterly line of Lot 13; thence southwesterly along said
northwesterly line to the northwesterly corner of that
c8X'tain 4. 121 acre paree 1 of land conveyed by William L.
Cooley and Grace A. Cooley, hi. wife, Arthur L. Cooley,
a SiDgle man, by Deed recorded February 14, 1967, in
Book '638 at page 44, Official Records of Santa Clara
County; thence running along the wes ter ly line of said
4.121 acre parcel and the southerly prolongation thereof
South parallel with the center line of Thomas Road and
S80.13 feet distant therefrom, at right angle., 1219.0
feet. more or le.., to a point in the line common to Lots
14 and 15 of said Massey Thoma. Senior Subdivision; thence
along .aid common lot line West 1156.99 feet, more or less,
to the ve.terly common corner to .aid Lots; thence along
the westerly line of Lot 15 South 642.18 feet to the west-
erly common corner to Lots 15 and 16 of 8aid SUbdivision;
thence along the line common to Lots 15 and 16 East
590.04 feet. more or 1..., to the corner common to Lots 1
and 2 as shown on "Map of tbe Subdi vi.ion of Lota 3 and 16
of the Ma.sey Thomas Subdivision of Ranch Lot 110. 15tt t
which map ia filed for Record in Book ftF_2t1 of Maps at
pag. 36, Santa Clara County Records; thence along the line
common to said Lota 1 and 2 South 846. 78 feet to the .outh-
erly common corner thereof in the I1ne common to Ranch
Lots 15 and 11; thence along said common Rauch Lot line
East 566.95 feet to a point from which the northea.terly
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corner of that certain17.4S acre parcel of land d..cribed
.s Parcel one in the Deed from Clorlada Masoni, a Widow,
to Loui. Maaoni, et al, by Deed recorded March 30, 1966 in
Book 7328 at page 407 bears last .580.13 feet; thence leaving
said cournon aanch Lot line South 521.32 feet more or 1...
to a poat in the .outherly line of said 17.4.5 acre parcel
in the centerline of Me.. Road; theace aloDg said centerline
s. 8.5054' E. 33.41 feet and S.60039\' E. 31.90 feet to
the mo.t northerly COrDAilr of that certain 25.07 acre parcel
of land described aa Parcel One in the Deed from Ernes t S.
Filice et al, to Joseph G. McCormack, at UK, recorded
June 10, 1965 in Book 6989 at page 19, Official R.ecorda
of Santa Clara County; thence aloJ;lg the Northwesterly
line of .aid 2.5.07 acre parcel S.57046'W. '59.11 feet,
8.59030' 301'W. 180.41 feet, B.S 1014 'We 93.78 feet, S. 37005 'W.
291.32 feet aM S.3,S033'W. 246.89 feet to the mo.t northerly
corner of that certain 1.50 acre parcel of land deacribed
aa Parcel One in the Deed from Keaneth L. Peteraen, et al,
to Guido Sargenti, at ux, recorded January 6. 1965. in
Book 6805 at page 415. Official ..ecord. of Santa Clara
Coun~; thence along the northeasterly line thereof
8.54051'1. 142.50 f.et to the moat ea.terly corner of said
1.50 acre parcel, being along the most northerly corner of
that certain parcel of land conveyed to R.obert P. Chappell
and R.owena N. Chap~ll, hi. wife, b}T Deed recorded May 17.
1967 in Book 7723 of Official Recorda at page 273; thence
aoutheasterly along the northeasterly 11ne of &aid parcel
S30 fHt, more or l.s., to the most ....terly corner thereof
in the .outhea.terly 11ne of .aid 25.07 acre parcel; thence
along .aid aoutheaaterly line S.40036\'W. 350.00 feet,
more or le.., to the moat .outherly coraer of ..id
25.07 acre parcel, being also the most we.terly corner of
that certain 18.58 acre parcel of land described as Parcel
Eleven in the need from Ca l1fomia Canner. and Crowers to
Filice and Perrelli Canning Co.ny, a Californ1a Corporation
recorded March 29, 1958 in Book 4086 of OffiCial R.ecorda at
page 694; thence algng tm southwe8terly line of 8aid 18.58
acre parcel 8.55019'1. 418.35 feet, 1.88029'&. 70.36 feet
to the moat weaterly corner of that certain 12.00 acre parcel
of land de.crlbed in the need fran M. E. Thomaa to Domenico
Filice recorded in Book 494 of Official aecord. at page 284.
thence al~ the .outheasterly line of aaid 12.00 acre
parcel 1.40 37tE. 641.86 f.et to the moat weaterly corner
of that certain 3.499 acre parcel conveyed to George
Kiabimura and Robert Ki.himura by Deed recorded in
Volume 1689 at page 112, Official Records of Sattta Clara
County; thence aloag the southwesterly line of Mld
3.499 acre parcel 1.49023'1. 159.88 feet; thence R.40037'1.
7.17 feet; thence aoutbea.terly along a curve to the left
with a radius of 42.00 feet, from a tangent beari~ of
8.28027'31ttE., thrOUSh a central angle of 2005.5'29 for a
<li.tane. of 15.34 feet to the moat .outherly comer of
,ald 3.499 acre parcel in the southeaaterly line of that
c.rtain parcel of land conveyed to Robert Ki'himura, at
UK. by Deed recorded in Volume .5920 at pa,e 60S, Official
R.ecorda of Santa Clara County; thence alooa .aid .outhaaat-
erly line S.40037'W. 205.39 feet to the northerly common
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corner to Parcels 1 and 2 as shown on Record of Survey
Map filed for Record in Book 185 of Maps at page 7, Santa
Clara County Records; thence along the northwesterly line
of said Parcell S.40037'W. 18.16 feet to the most north-
erly corner of that certain parcel of land conveyed to
Raymond E. Rossi, et ux, by Deed recorded in Volume 7308
at page 712, Official Records of Santa Clara Count~; thence
along the boundaries of said Rossi parcel S. 49023 E.
199.81 feet to a corner in said boundary in the line common
to parcels 1 and 6 of said Record of Survey Map; thence
still following the boundaries of said Rossi Parcel
N.40037'E. 18.16 feet to the easterly common corner to
said Parcels 1 and 6; thence alo~ the boundaries of said
Rossi Parcel and Parcel 6 S.49023 E. 30.00 feet and
S.40037'W. 182.37 feet to the most southerly corner thereof
in the southwesterly line of that certain 25.19 acre parcel
described in the Deed from Miller & Lux, Inc., to A. Ciabattari,
recorded in Book 125 of Official Records at page 487; thence
alo~ the southwesterly line of said 25.19 acre parcel
S.59 54'E. 414.55 feet, S.78057'E. 354.07 feet, S.740l9'E.
263.69 feet, S.87005'E. 222.85 feet and N.77009'E. 244.47
feet to the most southerly corner of said 25.19 acre parcel
in the centerline of Mesa Road; thence alo~ the centerline
of Mesa Road N.27022'W. 1265.62 feet, N.3603O'W. 689.67 feet,
N.22028'E. 75.91 feet, N.67032'W. 45.51 feet and N.4404l'W.
295.97 feet to the intersection of the center lines of Mesa
and Thomas Roads, being also the most southeasterly corner
of the 17.45 acre parcel described in the Deed to Masoni
above referred to; thence along the centerline of Thomas
Road and the easterly line of said 17.45 acre parcel N.OoOl'E.
752.97 feet to the northeasterly corner thereof in the line
common to Ranch Lots 11 and 15; thence along the centerline
of Thomas Road North 496.98 feet to the intersection thereof
with the easterly projection of the southerly line of that
certain 3.009 acre parcel of land conveyed to David McCarthy
and Nancy F. McCarthy by Deed recorded in Volume 4850 at
page 453, Official Records of Santa Clara County; thence
West along said projection and southerly line 860.11 feet
to the southwesterly corner of said 3.009 acre parcel in
the line common to Lots 2 and 3 as shown on the "Map of the
Subdivision of Lots 3 and 16" above referred to; thence
along said common Lot line North 330.00 feet to the north-
erly common corner to said lots; thence East along the
northerly line of Lots 3, 4 and 5 and the projection thereof
860.11 feet to the intersection thereof with the centerline
of Thomas Road; thence along the centerline of Thomas Road
North 2076.68 feet, more or less, to corner common to
Lots 9 and 13 in the center of Carnadero Creek as shown on
said "Massey Thomas Senior Subdivision Map"; thence along
the line common to Lots 9 and 3 as shown on said Map
N.680E. 145.86 feet and S.490E. 323.40 feet, more or less,
to the corner of Lot 3 at the intersection of the northerly
line of Thomas Lane with the northeasterly line of Lot 9;
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thence continuing along the northeasterly line of Lot 9
S.490 30.78 feet to the intersection thereof with the
centerline of Thomas Lane; thence along the centerline of
Thomas Lane S.89002'E. 440.09 feet, more or less, to the
intersection thereof with the southerly prolongation of the
line cammon to Lots 2 and 3 as shown on said Map; thence
along said prolongation and the line cammon to Lots 1, 2
and 3 North 1391. 28 feet, more or less, to the northerly
cammon corner thereof in the line cammon to ranch lots 15
and 16; thence continuing along the prolongation of said
common lot line North 40.00 feet to a point in the southerly
li:1e of said "Southwest Annexation No. 65-2 to the City of
Gilroy"; thence along said southerly line Westerly 795.95
feet, more or less to the point of beginning, and
CONTAINING THEREIN approximately 145.4 acres". 4Y~
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Section II: Said Council does hereby further declare and
order that all property within said designated territory shall
be taxed by the City of Gilroy upon and after its annexation to
said City, to pay any and all bonded and other indebtedness and
any and all liabilities of the City of Gilroy contracted prior
to or existing at the time of annexation of said designated
territory to the City of Gilroy, said property to be taxed for
said purposes equally with other property in said City which is
taxable for such purposes.
Section III: The said territory hereby annexed to the
City of Gilroy shall be known as, and is hereby designated as,
"THOMAS-MESA ANNEXATION 69-1 TO THE CITY OF GILROY".
Section IV: This ordinance shall take affect 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 the 17th day of March, 1969, by the
following vote:
AYES:
NOE S :
ABSENT:
COUNCILMEMBERS:
COUNC ILMEMBERS :
COUNCILMEMBERS:
DUFFIN, KENNEDY, SILVA,
WENTWORTH and GOODRICH
None
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City Clerk
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ALLEMAND and QUARTIROLI
APPROVED: '7 (,if II /,:
~.~~8~
Mayor
ATTEST:
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA)
I, SUSANNE STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the foregoing is a full, true and correct
copy of an Ordinance adopted by the Council of the City of
Gilroy at a regular meeting of said Council, held on the 17th
day of March, 1969, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have set my hand and affixed my
seal this 18th day of March, 1969.
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'City Clerk
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