Ordinance 863
ORDINANCE NO. 863
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "WHITEHURST 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 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
Code, and has held the said hearing, in accordance therewith,
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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, 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, 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
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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 Ordinance to be
true and correct.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
Section I: Ordinance No. 858 heretofore passed and adopted
on July 22, 1969, is hereby repealed and annulled.
Section II: Under the authority of said "Annexation of
Territory Act of 1939", and Section 35015 of the Government
Code of the State of California, 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:
All that certain real property situate in the County of
Santa Clara, State of California being a portion of the
San Ysidro Rancho and the Las Animas Rancho more
particularly described as follows:
BEGINNING at the Southwesterly corner of Parcel "A" as said
parcel is shown on that certain Record of Survey filed for
record May 21, 1963 in Book 161 of Maps at Page 33 Records
of said county; running thence North 64040'00" East 469.62
feet to the Southeast corner of said Parcel "A"; thence
North 25020'00" West 50.00 feet to the Northeast corner
of said Parcel "A"; thence leaving last said line and
running along the South line of Leaves1ey Road North 640
40'00" East 209.59 feet; thence leaving last said line
North 25020'00" West 330.00 feet; thence South 64040'00"
West 220.00 feet to the East line of Whitehurst Avenue;
thence along said East line South 25020'00" East 270.00
feet to the North line of Leaves1ey Road; thence along
said North line South 64040'00" West 449.04 feet to the
City of Gilroy Corporate City Limits Line; thence South
20003'00" East 110.47 feet along said City Limits Line to
the point of beginning.
AREA = Plus or minus 123,074 Sq. ft.,P1us or minus 2.825 acres:M
Section III: 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
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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 IV: The said territory hereby annexed to the
City of Gilroy shall be known as, and is hereby designated as,
"WHITEHURST ANNEXATION 69-1 TO THE CITY OF GILROY".
Section V: 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 4th day of August, 1969, by the
following vote:
AYES:
COUNCILMEMBERS: BATREZ, DUFFIN, KENNEDY, PATE,
SILVA, WENTWORTH and GOODRICH
NOES:
COUNCILMEMBERS: None
COUNCILMEMBERS: None
ABSENT:
ATTEST:
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City Clerk
APPROVED :,
?/P/~(d'~-cf!cA-e~
Mayor
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 863 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Council held on the 4th day of August
, 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 7th day of August
, 1961-.
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City Clerk of the City of Gilroy
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