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Ordinance 884 ORDINANCE NO. 884 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "TENTH STREET ANNEXATION 70-1 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 its determination upon 8BJ ,I 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 WHEREAS, the said Council has found and does hereby find -2- 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: BEING a portion of Las Animas Ranch Lot 44 as shown on Map. No. 7 accompanying the Final Report of the Referees in the Las Animas Rancho Partition Suit, Action No. 5636 had in the Superior Court of the State of C~ifornia, in and for the County of Santa Clara, and being more particularly described as follows: "BEGINNING at the intersection of the original southeasterly limits of the City of Gilroy as shown on Map No. 8 accompanying the above mentioned Superior Court Case, being the line common to Ranch Lot 44 and Sub Lot XXI as shown on said Maps, with the southwesterly line of that certain 1.296 acre parcel of land shown on Parcel Map filed for Record in Book 258 of Maps at page 32, Records of Santa Clara County, and running thence along said southwesterly line S. 200 E. 192.00 feet to the most southerly corner thereof; thence along the southeasterly line thereof N. 700 E. 200.00 feet and N. 250 E. 224.44 feet to the most easterly corner thereof; thence westerly along the northerly line thereof along a curve to the left with a radius of 150.00 feet, from a tangent bearinp' of N. 780 19' 58", through a central angle of 200 21' 24 " for a distance of 53.29 feet; thence along the northwesterly line of said 1. 296 acre parcel S. 810 18' 48" W. 70.76 feet to the intersection thereof with the original southeasterly limits of the City of Gilroy; thence along said southeasterly line S. 700 00' W. 239.99 feet to the point of beginning, and CONTAINING THEREIN 1. 256 acres". 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 -3- 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, "TENTH STREET ANNEXATION 70-1 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 this 16th day of March, 1970, by the following vote: AYES: COUNCILMEMBERS: BATREZ, DUFFIN, KENNEDY, PATE, SILVA, WENTWORTH and GOODRICH NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APPROVED: ~ ';/~~ Mayor A TTES,T: .."')! . C_.>' I.l.:Ja,/j-'v11;Lj C~ty C Z- -1" --') '- ',_..- e r{,11/Vn).. er -4- I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hel-eby certify that the attached Ordinance No. 884 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 16th day of March , 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 18th day of March . 19 1!2.... I ~ _ /f -- /:--)l '.' " J ?/jrJ-'u/ . ,C]) t;;~ City Clerk of the City of Gilroy ~ .' -