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Ordinance 852
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ORDINANCE NO. 852
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN INHABITED TERRITORY DESIGNATED
AS "BURKE DRIVE 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 Act of 1913,
as set forth within Sections 35100 to 35158, inclusive, of
the Government Code, asking that there be annexed to the
City of Gilroy 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 all of the land in the territory
proposed to be annexed 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
thereafter 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 the Government
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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
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, pursuant to Section 35015 of the Government
Code the territory proposed to be annexed may be annexed
without notice and hearing and without an election; and
WHEREAS, the said Council of the City of Gilroy 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
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
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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 Ordi nance.. 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 "Annexation Act
of 1913", and Section 35015 of the Government Code of the
State of California, there is hereby annexed to the City of
Gilroy the property and premises hereinbefore mentioned,
which are more particularly described as follows, to wit:
BEING all of Lot 13 of Henry Miller's Subdivision of the
southerly portion of Las Animas Ranch Lot 34 and Sub Lot 2
according to the Map thereof recorded in Book "M" of Maps,
Page 79, Records of Santa Clara County, California, and
being more particularly described as follows:
flBEGINNING at the point of intersection of the westerly
line of Murray Avenue with the northerly city limits
line as established by the FIRST NORTHERN ADDITION
annexed to the City of Gilroy by Ordinance 505 on
November 11, 1952, and being on the line common to
Lots 7 and 8 as shown on said Map;
Thence along said westerly line of Murray Avenue
N. 220 20' W., 527.67 feet; thence at right angles,
N. 670 40' E., 66.00 feet to the northwesterly
corner of Tract 4418, Paraiso de Ensueno, a Map
thereof recorded in the office of the said County
Recorder in Book 231 of Maps at Page 44 therein;
Thence along the boundary of said Tract 4418 the
following courses and distances: N. 670 41' 20" E.,
514.45 feet; S. 180 41' 45" E., 265.09 feet, S.
670 44' 40" W., 497.63 feet to the point of intersection
with the easterly line of said Murray Avenue;
Thence along said easterly line of Murray Avenue S.
220 20' E., 670.83 feet to the point of intersection
with the northerly corporate limits of the City of
Gilroy;
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Thence S. 670 40' W., 66.00 feet to the said westerly
line of Murray Avenue;fthence along the said westerly
line of Murray Avenue N. 220 20' W., 407.24 feet to
the point of beginning and containing 4.48 acres of
land, more or less" .~I/I
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,
"BURKE DRIVE 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 19th day of May, 1969, by the
following vote:
AYES:
COUNCILMEMBERS:
BATREZ, DUFFIN, KENNEDY,
PATE, SILVA and GOODRICH
None
WENTWORTH
NOE S :
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
ATT~ST: . _,
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/ City Cler
APPROVED:
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Mayor
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 852 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Counci 1 held on the 19th day of May
, 19~, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Gilroy, this 20th day of May
, 19 69 .
I
o ~ tJa'/fI'tlj
/ City Clerk of