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Resolution 1976-51 , '" '" e '"" e RESOLU'I:TON NO, 76-51 RESOLUTION GIVrNG NOTICE OF PROPOSED EXCLUSION FROM THE CITY OF GILROY Of UNINHABITED TERRITORY DESCRIBED AND DESIGNATED AS '\BELLEZZA EXCLUSION 76",A FROM THE CIl'Y OF GILROY" AND PREVIOUSLY ANNEXED AS A PORTION OF !'MARCELLA ANNEXATION 70~7 TO THE CITY Of G:LLROY" AND GIVING NOTICE Of TIME AND PLACE FOR HEARING OF PROTESTS THERETO BE IT RESOLVED BY THE COUNCIL OF Trill CITY Of GILROY ~D IT DOES HEREBY FIND: 1. That, pursuant to the provis,0ns of Sections 35500 to 35526, inclusive, of the Government Code, the Council of the City of Gilroy does hereby initiate proceedings to exclude as uninhabited territory that certain uninhabited te ~itory described and designated as "BELLEZZA EXCLUSION 76""'4 FROM THE ',TY OF GILROYll and previously annexed as a 41,03 acre portion of "MARCELLA ANNEXATION 70-7 TO THE CITJ OF GILROY" (which contained 75,555 acres), a legal description of which 41,03 acre parcel to be excluded is attached hereto as "Exhibit J:' A". 2. That the territory was annexed for a mobile home park whic11 did not materialize for said use, contained less than 12 registered voters at the time of annexation, sti\l contains less than 12 registered voters/ and is uninhabited territory as defined in the Annexation of Uninhabited Territory Act of 1939, 3. That a notice of intention tn exclude the said'premises has been filed with the Local Agency Form ton Commission/ pursuant to Section 54791, et seq. of the Governm Code and said Local Agency Formation Commission of Santa Clara County has fixed the date, time and place for a public hearing upon the proposed annexation, given the not.ice that is required by Sectio 54793 of the Government Code I has held the said hearing in accordm . therewith, made its deter- mination upon the proposed exclusion, and has approved said exclusion -1- RESOLUTION NO, 76-51 .' ~ e e PASSED AND ADOPTED this 1st day November, 1976, by the following vote; AYES: COUNCILMEMBERS: CHILDERS~ DeBELL, DUFFIN, LINK, PATE anc GOODRICH NOES: COUNCILMEHBERS: NONE ABSENT: COUNCILMEMBERS: STOUT ,I A(3J~Mmj ~ CUy ~t1< (j APPROVED; 7~~ Mayor -2- RESOLUTION NO. 76-51 e e Bellezza 76.4 Detachment from City of Gilroy All that certain real property in the City of Gilroy, County of Santa Clara, State of California, described as follows: BEING a portion of that certain annexation to the City of Gilroy entitled IIMarcella 70-711 as described in Ordinance No. 907 adopted by the City Council on January 18, 1971, said point being also a portion of Lot 1, as shown upon that certain map entitled, IIMap of Las Animas Ranch Lot No. 37 as subdivided for Mrs. Johanna Fitzgeraldll, which map was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on March 12, 1889, in Book D of Maps, at page 75, and more particularly described as follows: BEGINNING at a 211 X 311 stake marked 11111 standing on the westerly line of Marcella Avenue, formerly Fitzgerald Avenue, being also the Easterly line of said Lot 1, from which stake the most easterly corner of said Lot 1 at the point of intersection of the northerly line of the Leavesley Road, with the westerly line of Marcella Avenue, bears South 25020' East, 1,017.72 feet; running thence South 640391 West, 1736.45 feet to a stake marked "211 standing on the westerly line of the aforementioned Lot 1; thence along said westerly line, North 25020' West, 1,017.79 feet; thence North 64039' East, 1736.19 feet to a stake marked W.1 standing on the westerly line of Marcella Avenue; thence along the westerly line South 25020' East, 1,017.79 feet to the place of beginning. '" e e I, SUSANNE E. STEIN~mTZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 76-51 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 1st day of November , 19~, at which meeting a quorum was present. IN WITNESS t-JHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy, this 2pd day of November , 1976 . I do' /, " l t' ",l oftk / City Clerk of the City of G