Resolution 1289
RESOLUTION NO. 1289
RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO CITY OF GILROY OF UNIN-
HABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED '~HOMAS-MESA ANNEXATION
68-1 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:
I. That, pursuant to the provisions of the Annexation of Unin-
habited Territory Act of 1939, a petition signed by owners of not less than
one-fourth of the land in the hereinafter described territory, by area and
by assessed value as shown on the last equal ized assessment roll of the
County of Santa Clara, was filed with the Council of the City of Gilroy, on
October 21, 1968, requesting annexation of the hereinafter described terri-
tory to the said City.
2. That the territory which the petitioners request be annexed
to the City of Gilroy and which said City and its Council proposed to annex,
is contiguous to the southern city limits of said City, contained less than
12 registered voters at the time said petition was filed, and still contains
less than 12 regist~red voters, and is uninhabited territory as defined in
the Annexation of Uninhabited Territory Act of 1939, is hereby designated
'rrHOMAS-MESA ANNEXATION 68-1 TO THE CITY OF GILROY" is located in the County
of Santa Clara, State of Cal ifornia, and is described as follows:
BEING a portion of Las Animas Ranchlots 11, 15 and 16
as shown on Map No.7 accompanying the Final Report of
the Referees in the Las Animas Rancho Partition Suit,
Action No. 5536 had in the Superior Court of the State
of Cal ifornia, in and for the County of Santa Clara,
and being more particularly described as follows:
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"BEGINNING at the southwesterly corner of "Southwest
Annexation No. 65-2 to the City of Gilroy'. as described
in Resolution No. 986 of said City, said point of beginn-
ing being in the southwesterly line of that certain
41.722 acre parcel of land described in the Deed from
C. N. Smith to Frank Filice, et ux, recorded February 15,
1952 in Book 2366 at page 302, Official Records of Santa
Clara County, and running thence along said southwesterly
line S. 20000' E. 42.55 feet to the southwesterly corner
of said 41.722 acre parcel in the line common to Ranch
Lots 16 and 15; thence along said Ranch Lot Line West
151.84 feet, more or less to the corner common to Lots 3
and 4 as shown on the "Map of the Massey Thomas Senior
Subdivision of Las Animas Ranch Lot No. 15", which map
is filed for record in Book "G" of Maps at page 59,
Records of Santa Clara County; thence along the line
common to said Lots South 1242.12 feet, more or less to
the southerly common corner to said Lots in the north-
westerly line of Lot 13; thence southwesterly along said
northwesterly line to the northwesterly corner of that
certain 4.121 acre parcel of land conveyed by William L.
Cooley and Grace A. Cooley, his wife, Arthur L. Cooley
a Single man, by Deed recorded February 14, 1967 in
Book 7638 at page 44, Official Records of Santa Clara
County; thence running along the westerly line of said
4.121 acre parcel and the southerly prolongation thereof
South, parallel with the centerline of Thomas Road and
580.13 feet distant therefrom, at right angles, 1219.0
feet, more or less, to a point in the line common to Lots
14 and 15 of said Massey Thomas Senior Subdivision; thence
along said common lot line West 1156.99 feet, more or less,
to the westerly common corner to said Lots; thence along
the westerly line of Lot 15 South 642.18 feet to the west-
erly common corner to Lots 15 and 16 of said Subdivision;
thence along the line common to Lots 15 and 16 East
590.04 feet, more or less, to the corner common to Lots 1
and 2 as shown on "Map of the Subdivision of Lots 3 and 16
of the Massey Thomas Subdivision of Ranch Lot No. 15",
which map is filed for Record in Book "F-2" of Maps at
page 36, Santa Clara County Records; thence along the line
common to said Lots 1 and 2 South 846.78 feet to the south-
erly common corner thereof in the line common to Ranch
Lots 15 and 11; thence along said common Ranch Lot line
East 566.95 feet to a point from which the northeasterly
corner of that certain 17.45 acre parcel of land described
as Parcel One in the Deed from Clorinda Masoni, a Widow,
to Louis Masoni, et al, by Deed recorded March 30, 1966, in
Book 7328 at page 407 bears East 580.13 feet; thence leaving
said common Ranch Lot Line South 521.32 feet, more or less
to a point in the southerly line of said 17.45 acre parcel
in the centerline of Mesa Road; thence along said centerline
S. 85054' E. 33.41 feet and S. 60039 1/2' E. 31.90 feet to
the most northerly corner of that certain 25.07 acre parcel
of land described as Parcel One in the Deed from Ernest S.
Filice, et al, to Joseph G. McCormack, et ux, recorded
June 10, 1965 in Book 6989 at page 19, Official Records
of Santa Clara County; thence along the northwesterly
line of said 25.07 acre parcel S. 57046' W. 559.11 feet,
S. 59030'30" W. 180.41 feet, S. 51014' W. 93.78 feet, S.37005'W.
291.32 feet and S. 35033'W. 246.89 feet to the most northerly
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corner of that certain 1.50 acre parcel of land described
as Parcel One of the Deed from Kenneth L. Petersen, et al,
to Guido Sargenti, et ux, recorded January 6, 1965 in
Book 6805 at page 415, Official Records of Santa Clara
County; thence along the northeasterly I ine thereof
S. 540 511 E. 142.50 feet to the most easterly corner of
said 1.50 acre parcel, being along the most northerly
corner of that certain parcel of land conveyed to Robert
P. Chappell and Rowena N. Chappell, his wife, by Deed recorded
May 17, 1967 in Boo~ 7723 of Official Records at page 273;
thence southeasterly along the northeasterly line of said
parcel 530 feet, more or less, to the most easterly corner
thereof in the southeasterly line of said 25.07 acre parcel;
thence along said southeasterly line S. 400 36tl w. 350.00
feet, more or less, to the most southerly corner of said
25.07 acre parcel, being also the most westerly corner of
that certain 18.58 acre parcel of land described as Parcel
Eleven in the Deed from California Canners and Growers to
Filice and perrel Ii Canning Company, a California Corpora-
tion recorded March 29, 1958 in Book 4086 of Official
Records at page 694; thence along the southwesterly line
of said 18.58 acre parcel S. 550 191 E. 418.35 feet, N.
880 29' E. 70.36 feet to the most westerly corner of that
certain 12.00 acre parcel of land described in the Deed
from M. E. Thomas to Domenico Filice recorded in Book 494
of Official Records at page 284; thence along the southerly
line of said 12.00 acre parcel N. 880 291 E. 343.94 feet
and S. 590 241 E. 121.67 feet to the most southerly corner
of said 12.00 acre parcel, being also the most westerly
corner of that certain 25.19 acre parcel of land described
in the Deed from Miller & Lux, Inc., to A. Ciabattari, re-
corded in Book 125 of Official Records at page 487; thence
along the Southwesterly line of said 25.19 acre parcel S.
590 54' E. 566.73 feet, S. 780 57' E. 354.07 feet, S. 740
191 E. 263.69 feet, S. 870 05' E. 222.85 feet and N. 770 091
E. 244.47 feet to the most southerly corner of said 25.19
acre parcel in the centerl ine of Mesa Road; thence along
the centerl ine of Mesa Road N. 270 221 w. 1265.62 feet, N.
360 301 W. 689.67 feet, N. 220 281 E. 75.91 feet, N. 670 321
W. 45.51 feet and N. 440 411 w. 295.97 feet to the intersec-
tion of the centerl ines of Mesa and Thomas Roads, being also
the most southeasterly corner of the 17.45 acre parcel des-
cribed in the Deed to Masoni above referred to; thence along
the centerline of Thomas Road and the easterly I ine of said
17.45 acre parcel N. 00 011 E. 752.97 feet to the northeas-
terly corner thereof in the I ine common to Ranch Lots 11 and
15; thence along the centerl ine of Thomas Road North 2903.66
feet, more or less, to corner common to Lots 9 and 13 in the
center of Carnadero Creek as shown on said "Massey Thomas
Senior Subdivision Map"; thence along the I ine common to Lots
9 and 3 as shown on said Map N. 680 E. 145.86 feet and S. 490
E. 323.40 feet, more or less, to the corner of Lot 3 at the
intersection of the northerly I ine of Thomas Lane with the
northeasterly 1 ine of Lot 9; thence continuing along the
northeasterly 1 ine of Lot 9 S. 490 E. 30.78 feet to the inter-
section thereof with the centerl ine of Thomas Lane; thence
along the centerl ine of Thomas Lane S. 890 021 E. 440.09 feet,
more or less, to the intersection thereof with the southerly
prolongation of the I ine common to Lots 2 and 3 as shown on
said Map; thence along said prolongation and the I ine common
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to Lots 1, 2 and 3 North 1391.28 feet, more or less, to
the northerly common corner thereof in the I ine common
to Ranch Lots 15 and 16; thence continuing along the
prolongation of said common Lot Line North 40.00 feet
to a point in the southerly I ine of said IISouthwest
Annexation No. 65-2 to the City of Gilroy"; thence along
said southerly I ine Westerly 795.95 feet, more or less to
the point of beginning, and
CONTAlNING THEREIN approximately 158 acres".
3. That said petition contains the written consent of all of the
petitioners to the annexation.
4. That a notice of intention to annex 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 publ ic hearing
upon the proposed annexation, given the notice that is required by Section
54793 of the Government Code, has held the said hearing in accordance there-
with, made its determination upon the proposed annexation, and has approved
said annexation as proposed.
5. That Monday, the 2nd day of December, 1968, at the hour of 8:00
olclock 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 annexed to the City of Gilroy, and having
any objections to the proposed annexation, may appear before the Counci I of
the City of Gilroy and show cause why such uninhabited territory should not
be so annexed to 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
annexation, 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.
6. The City Clerk of the City of Gilroy is hereby authorized and
directed to cause a copy of this resolution to be published at least twice,
but not oftener than once a week, in the Gilroy Evening Dispatch, a newspaper
of general circulation published in said City of Gilroy, the City to which it
is proposed to annex the aforesaid territory, in the County of Santa Clara,
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California, the county in which is located the territory proposed to be annexed
to the City of Gilroy, and also in the Morgan Hill Times, a newspaper of general
circulation, published outside of the City of Gilroy, but in the County of Santa
Clara, State of California, said publication to be completed at least twenty (20)
days prior to the date set for hearing.
7. In the event any land within the territory proposed to be annexed
is owned by a County, the City Clerk is directed to cause written notice of such
proposed annexation to be mailed to the Board of Supervisors of the county,
such notice to be given not less than twenty (20) days before the first public
hearing on the proposed annexationo
8. 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 21st day of October, 1968, by the following
vote:
NOES:
COUNCIL MEMBERS: Allemand, Duffin, Kennedy, Silva, Went-
worth and Goodrich.
COUNCIL MEMBERS: None
AYES:
ABS ENT:
COUNCIL MEMBERS: Quartiroli
APPROVED:
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Mayor
ATTEST:
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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 Resolution No. 1289
i s an ori g i na I
resolution, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Council held on the 21st day of October
, 19 68 , at which meeting a quorum was present.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the
official seal of the City of Gilroy, this 23rd day of October
, 196~.
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City Clerk of the City of Gilroy