Ordinance 879
ORDINANCE NO. 879
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 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, made
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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 property to be
taxed for said purpose equally with other property in said City
which is taxable for said purpose; and
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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: Under the authority of the 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:
"BEGINNING at the intersection of the centerline of
Morey Avenue with the westerly prolongation of the
northerly line of Tract No. 4351, Northwood", as
shown on the Map thereof filed for Record in Book 228
of Maps at pages 13 and 14, Records of Santa Clara
County, and running thence along the centerline of
Morey Avenue S. 40 56' W. 1036.89 feet, more or less,
to the southeasterly corner of Lot 12 as shown on
"Map of a Subdivision of the Lands of S. P. Fine
in the Solis Rancho", which map is filed for Record
in Book F-2 of Maps at pages 46, Records of Santa
Clara County; thence along the southerly line of
Lot 12 N. 890 54' W. 20.08 feet to the intersection
thereof with the westerly line of Morey Avenue;
thence along the westeny line of Morey Avenue (shown
as Day Road on said Map) N. 40 56' E. 754.93 feet, more
or less, to the intersection thereof with the line common
to Lots 10 and 11 as shown on said Map; thence along the
line common to said Lots S. 890 51' W. 557.19 feet; thence
N. 40 56' E. 658.79 feet; thence along a tangent curve
to the left having a radius of 125.00 feet through a
central angle of 950 05' a distance of 207.44 feet; thence
S. 890 51' W. 639.52 feet; thence N. 00 09' W. 378.50 feet
to a point in the northerly line of Lot 7 as shown on the
map of said Fine Subdivision; thence continuing N. 00 09'
W. 23.75 feet to a point in the northerly line of an
existing right of way; thence along said northerly line
and parallel with the northerly line of said Lot 7 N. 890
51' E. 1369.11 feet to the intersection thereof with the
westerly line of Morey Avenue; thence along the westerly
line of Morey Avenue S. 40 56' W. 917.37 feet; thence N.
890 51' E. 20.08 feet to the point of beginning, and
CONTAINING THEREIN 23.18 acres".
Section II: Said Council does hereby further declare and order
that all property within said designated territory shall be taxed
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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, "HECKER
PASS - MOREY AVENUE ANNEXATION 69-1 TO THE CITY OF GILROY".
Section IV: 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 the 19th day of January, 1970, by the
following vote:
AYES:
COUNCILMEMBERS: Batrez, Kennedy, Pate, Silva,
Wentworth and Goodrich
NOES:
ABSENT:
COUNCILMEMBERS: None
COUNCILMEMBERS: Duffin
APPROVED: G .
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Mayor
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. City Clerk
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 879 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Council held on the 19th day of January
, 19 70, 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 23rd day of January
, 19 70 .
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City Clerk of the City of Gilroy