Ordinance 888
ORDINANCE NO. 888
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF
THE BOUNDARIES OF THE CITY OF GILROY BY THE
ANNEXATION THERETO OF CERTAIN UNINHABITED
TERRITORY DESIGNATED AS "PACHECO PASS ANNEXATION
70-6 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
6e)8
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 iwdecision, 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
-2-
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: 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 point of intersection of the
existing city limits line with the northeasterly line of
Pacheco Pass Highway as shown on the map of the First
Eastern Addition Annexation 62-7 adopted by the Gilroy
City Council by Ordinance 681;
Thence along the said northeasterly line: N 830 24'
W 215.82 feet to the point of tangency with a 147.80 foot
radius curve to the right; Thence along said curve
through a central angle of 300 36' an arc length of 78.24
feet; Thence N 520 48' W, 83.48 feet to the point of
intersection with the easterly prolongation of Ninth
Street centerline;
Thence along the said Ninth Street centerline S 710
18' W 79.35 feet to the point of intersection with the
southwesterly line of Pacheco Pass Highway as shown on
the map of the Pacheco Pass - Ninth Street Addition
Annexation 66-1 adopted by the Gilroy City Council by
Resolution 1041;
Thence along said southwesterly line of Pacheco Pass
Highway: S 510 30' 52" E 129.51 feet to a 217.80 foot
radius curve to the left; Thence along the arc of said
curve through a central angle of 150 21' an arc distance
of 58.35 feet; Thence S 740 37' E, 57.80 feet; S 820 15'
E 274.43 feet; and S 830 24' E 38.51 feet to the point
of intersection with the westerly line of that certain
42.2 acre residual parcel of land conveyed by grant
deed to Trevis Berry et ux, recorded in the Office of the
County Recorder of Santa Clara County, California in
Book 2331 of Official Records at page 362 therein;
Thence along said westerly line S 320 14' E, 727.88
feet; thence S 830 24' E, 1055.78 feet more or less to
-3-
the point of intersection with the easterly line of said
42.2 residual parcel; thence N 320 21' W, 723.71 feet
along said easterly line to the State of California
southerly right of way line for Pacheco Pass Highway;
Thence S 850 22' 59" E 120.78 feet along said
southerly line of Pacheco Pass Highway to a point which
bears S 830 24' E, 150.78 feet and S 6036' W 33.00 feet
from the northwesterly corner of that certain parcel 2 of
land conveyed to Matteucci et al by guardian's deed
filed for record in the office of the said recorder
in Book 5627 of Official Records at pages 666 and 667
therein;
Thence continuing along the said southerly line of
Pacheco Pass Highway (66.00 feet wide) S 830 24' E 1448.43
feet to the point of tangency with a 1967 foot radius
curve to the right; thence along the arc of said curve
through a central angle of 30 12' an arc distance of
109.86 feet; thence S 800 12' E 329.95 feet to the point
of intersection with the westerly line of that certain
3.213 acre parcel of land as shown on the map of the
record of survey of Gentry Division, Consolidated Foods
Corporation recorded in the office of said recorder in
Book 69 of Maps at page 23 therein:
Thence leaving said southerly line of Pacheco Pass
Highway and following the boundary of said record of
survey the following courses and distances:
S 60 30' W, 135 feet;
S 400 40' E, 162.76 feet
S 210 45' E 220 feet
S 30 56' 50^ E 344.25 feet
S 890 17' 50" E, 692.81 feet
N 00 06' 50" W, 715.76 feet to the southerly line
of said Pacheco Pass Hi?hwar.; thence along last mentioned
southerly line N 87059 40' E 30.02 feet to the westerly
line of that certain 10.001 acre parcel of land as shown
on the map of the record of survey of Gilroy Foods
Incorporated recorded in the office of said recorder in
Book 104 of Maps at page 29 therein;
Thence following the boundary of said Gilroy Foods
land the following courses and distances:
S 00 06' 30" E 1150.62 feet and
S 450 57' 50" E 460.74 feet
Thence S 450 57' 50" E 139.36 feet to the most southwesterly
corner of that certain 13.654 acre parcel of land shown
on the map of the record of survey of Gilroy Foods
Incorporated recorded in the office of the said recorder
in Book 217 of Maps at page 6 therein;
Thence along the boundary of said 13.654 acre parcel
the following courses and distances:
-4-
S 450 57' 50" E, 112.23 feet;
N 380 14' 46" E, 545.26 feet;
N 00 19' 14" W, 1003.15 feet;
S 890 40' 46" W, 100.00 feet
N 00 19' 14" W, 229.74 feet to the point of
intersection with the said southerly line of Pacheco
Pass Highway;
Thence N 20 28' 50" W, 82.57 feet to the point of
intersection with the northerly line of Pacheco Pass
Highway;
Thence along the said northerly line of Pacheco Pass
Highway the following courses and distances:
S 870 31' 10" W 301.85 feet
,
S 870 34' 20" W, 417.46 feet
N 890 18' 20" W 266.54 feet to the point of tangency
with 967 foot radius curve to the right;
Thence along the arc of said 967 foot radius curve
through a central angle of 70 53' an arc distance of
133.05 feet; Thence N 81025' 20" W, 441.46 feet to the
point of tangency with a 4967 radius curve to the right;
Thence along the arc of said 4967 radius curve through a
central angle 10 18' 30" an arc length of 113.42 feet;
Thence N 800 12' W, 315.37 feet to the point of tangency
with a 2033 foot radius curve to the left; Thence along
the arc of said 2033 foot radius curve through a central
angle of 30 12' an arc distance of 113.54 feet;
Thence N 830 24' W, 1369.78 feet to the Tenth Street
interchange northerly right of way line; Thence along
said Tenth Street interchange right of way line the
following courses and distances:
N 81035' 41" W, 344.22 feet;
N 850 44' 02" W, 265.52 feet to the point of
tangency with a 40 foot radius curve to the right;
Thence along the arc of said 40 foot curve through
a central angle of 620 33' 43" an arc distance of
43.68 feet; Thence N 230 10' 19" W, 21.97 feet to
the point of tangency with a 93 foot radius curve
to the left; Thence along the arc of said 93 foot
radius curve through a central angle of 850 42' 52"
an arc length of 139.13 feet; thence S 710 06' 49"
W 151.75 feet to the point of tangency with a 120
foot radius curve to the right; thence along the
arc of said 120 foot radius curve through a central
angle of 250 29' 11" an arc distance of 53.38 feet
to the point of intersection with the northerly line
of Pacheco Pass Highway (66 feet wide);
Thence along the said northerly line of Pacheco Pass Highway
N 830 24' W, 382.37 feet more or less to the point of
intersection with the said city limits line;
Thence along said city limits line N 320 14' W,
5.13 feet more or less to the point of beginning and
containing 62.439 acres of land more or less.
-5-
...
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,
"PACHECO PASS ANNEXATION 70-6 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 8th day of June, 1970, by the
following vote:
AYES: COUNCILMEMBERS: BATREZ, KENNEDY, PATE, SILVA,
WENTWORTH and GOODRICH
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: DUFFIN
APPROVED:
/~~v~~kd
Mayor
ATTEST:
,~) z,!'/ocm
-6-
. I . "'-
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
he'eby certify that the attached Ordinance No. 888
is an original
ordinance, duly adopted by the Council of the City of Gilroy at a
adjourned
regular/meeting of said Council held on the 8th day of June
, 19 12-, 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 15th day of June
, 19 12....
"
, ~.
.Wao~ 'zJ~
/City Clerk of the City of/Gilroy .
'')
I '
t~