Resolution 1703
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RESOLUTION NO. 1703
RESOLUTION GIVING NOTICE OF PROPOSED EXCLUSION FROM
THE CITY OF GILROY OF UNINHABITED TERRITORY DESCRIBED
AND DESIGNATED AND PREVIOUSLY ANNEXED AS "SOUTH MONTEREY
NO. 2 ANNEXATION 71-4 TO THE CITY OF GILROY" AND GIVING
NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GILROY AND IT
DOES HEREBY FIND:
1. That, pursuant to the provisions 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 territory previously annexed as
"SOUTH MONTEREY NO. 2 ANNEXATION 71-4 TO THE CITY OF GILROY",
(containing 90.39 acres) a legal description of which is attached
hereto.
2. That the territory was annexed as industrial land for a
meat processing plant which did not materialize for said use,
contained less than 12 registered voters at the time of annexation,
still 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 to exclude the said premises
has been filed with the Local Agency Formation Commission, pursuant
to Section 54791, et seq. of the Government 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 annexa-
tion, given the notice that is required by Section 54793 of the
Government Code, has held the said hearing in accordance therewith,
made its determination upon the proposed exclusion, and has approved
said exclusion as proposed.
RESOLUTION NO. 1703
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4. That Monday, the 5th day of February, 1973, at the hour
of 8:00 o'clock p.m. in the Council Chambers in the City Hall in
the City of Gilroy, County of Santa Clara, California, is hereby
fixed as the time and place when and where any person owning real
property within the uninhabited territory described herein and
proposed to be excluded from the City of Gilroy, and having any
objections to the proposed exclusion, may appear before the Council
of the City of Gilroy and show cause why such uninhabited territory
should not be so excluded the City of Gilroy. The protest must be
in writing, may be filed at any time before the hour set for hearing
objections to the proposed exclusion, and shall state the name or
names of the owner or owners of property affected and the description
and area of such property, in general terms.
5. The City Clerk of the City of Gilroy is hereby authorized
and directed to cause a copy of this resolution to be published
once in the Gilroy Evening Dispatch, a newspaper of general circula-
tion published in said City of Gilroy, the City from which it is
proposed to exclude the aforesaid territory, in the County of Santa
Clara, California, said publication to be complete at least ten
(10) days prior to the date set for hearing.
6. The City Clerk is directed to cause written notice to be
given to such other persons as may be legally entitled thereto, in
the manner required by law.
PASSED AND ADOPTED this 15th day of January, 1973, by the
following vote:
AYES:
COUNCILMEMBERS:
BATREZ, DUFFIN, HUGHAN,
PATE, SILVA, STOUT and
GOODRICH
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
None
ABSENT:
None
APPROVED
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D:::SCI1IPTION
Anne~at;on to the City of Gilroy
~~me of Annexation: I'SOUTH MONT~R~Y NO.2 ANNEXATION 71-4 TO THE CITY OF GILROY~
~cga1 Description:
AL~ that certain real property situate in the County of Santa Clara, State of
Ca; ifor~ja, descr,oed as fa11ows:
?or~:on of Lot 2, as sho'<"m upon 1..;~;~:: certain map e:';t:tled, IIMap of the'Subdivision
of the property of Thomas Rea in Las Animas Ranch Lots No. 53 and 54, being all
of las Animas Ranch Let No. 53, w:th the exception of the so-called Kiguel Place
soid by Thomas Rea to Henry Mi ller by Deed of April 11, '1887 recorded in Book 8~.
of Ceeas, Page 303, Santa Clara Co~nty Records and 12 Acres of Las Animas Ranch'
LO~ No. 54 sold by rlenry Miller to Thomas Rea by Deed of Apri 1 11, 1887, and
reco~deG in Book 88 of Deeds, Page 568, Santa Clara County Recordsll, which map
'l:ia~;;;1eJ for record in the Office of the Recorder of the County of Santa Clara,
Sta-.:e of Cui ifornia, on Apri 1 1, 1894 in Book F of maps, at Page 24, and more '
,?artlcu~urly described as follOWS:
G~GfN~~NG at the point of intersection of the dividing line bet0een Lots 1 and 2,
as saicJlots are shown upon tho ilFJp above referred to, with the northeasterly
line of Monterey highway, as said 1 ine was establ ished by Parcel l1n that ceri~i~
fin;.>1 O;'C.:::( of condemnation entered on June 19, 1951 in the Superior Cour;,: of the
S~,ice of Ca'i ifornia, in and for t;"ie County of Santa Clara, in that certain action
enrit;<;c, lIThe People of the State of California, Acting by and Through the '
D.::p.s;rUiient of Public ~!orks, Plaintiff, vs. PasCiua1e La Macchia, et al, Defendants'"
Case No. 74617, a certified copy of which order was filed for record in the Office
of ~ne ~ccorder of the County of Santa Clara, State of California, on June 19,t
;951 in 5~ok 2235 Official Records, Page 326; Thence from said point of beginning
alo~g said div~ding line N. 720 001 E., 2080 feet more or less to the point of
inLe:sacrion wfth the southwesterly jine of lands and right of way of the Southern
?~c;fic Railroad Company; Thence so~theasterly along said southwesterly 11ne of
lands and right of way of the Southern Pacific Railroad Company S. 430 30' E.,
1317. ':9 'feet more or less to the point of intersection with the dividing 1 ine
bt:~t~'!e,~n Lots 2 and 3 as said lots are shown upon the above referl"ed map; Thence
along said dividing lines between Lots 2 and 3, s. 610 531 w., 1727.68 feet more"
or less ;:0 the point of intersection I.'lith the monumentl'ine of Hollister ROdd ,',
(z]so kn~~n as Balsa Road); Thence along said monumentline of Hall ister Roadfo~'
the fol~owing courses and distances: N. 820 29' W., 141.90 feet; s. 720 131 w.
169.62 fact s. 790 50' w.) 469.26 f8et and N. 500 431 W., 102.34 feet Thence
,ieavir.; said monument1 ine N. 560 Lf31 1211 E., 15.72 feet to the southerly end of .
20~ ;oo~ radius curve connecting the northwesterly line of Monterey Highway wit~:
~.:n8 nor\:ilcasterly line or Ho'ilisI:er Road; Thenw N. 750 32' 2211 W., 372.54 feet
2nd :~. 3r 43" 36" w., 158.81 feet to the south\vesterly line or said Monterey::"
H;~hway; 'Thence along said southwesterly line of Monterey Highwa~ N. 180 OQ' W~;~'.
.... Jo:1.0S f.;;et and N. 190081 45Jl w., 235.01 feet to the southerly line of South ~I
TH~!f1dR~~Rl~~oIN~TWM6Nt i1SnA71- 3 to the City of G i 1 roy, annexed by Ord I nance 926;'
COt<.K'fQn&9Pa'lf~6 il:3idQfijGt~ly 1 ine of said South ,V,onterey No.1 Annexation N. ]20""
AHEST: DONALD M. RAINS ,'" .
CLERK, BOARD OF SUPERVISORS
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391 4811 E. 324.52 feet to the said northeasterly line of Monterey Highway;
Thence along said northeasterly I ine of Monterey Highway S. 180 00' E.,
1024.80 feet to the point of beginning and containing .therein 90.39 Acres
more or 1 ess
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The foregoing instrument is a ' "\
correct copy of the original
ATTEST: DONALD M. RAlNS
. Clerk of the Board
'B~~{, -Jt.:"!:1. /,,:,;./ J~DEPUTY CLER(
AUG 4 1971 ( , .
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ELAINE C. CODIGA, Deputy
I, /J~~#./MJlfWiJf/l., City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 1703
is an original'
resolution, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Council held on the
15th day of January
, 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 January
Deputy
, 19 lL.
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the City of lroy
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