Resolution 1155
RESOLUTION NO. ~
A RESOLUTION PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "MILLER AVENUE ANNEXATION 67-2 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 Section 35300 to 353.26, 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
describedi 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 an-
nexed by area and by assessed value as shown on the lEt equalized
assessment roll of the County of Santa Clara, and that the said ter-
ritory is contiguous to the present City Limits of the said City of
GilroYi and
WHEREAS, a notice of intention to annex the said premises has
heretofore been filed with the Local Agency Formation Commission,
pursuant to Section 54794 of the Government Code, and said Local
Agency Formation Commission of Santa Clara County has fixed the date,
time and place fur a public hearing upon the proposed annexation,
given the notice that is required by Section 54796 of the Government
Code, has held the said hearing in accordance therewith, made its de-
cision upon the proposed annexation, and has approved said annexation
as proposed, and has given notice to the City of Gilroy of its said
decisioni and
WHEREAS, no petition seeking the annexation of said territory
was circulated or filed nor did any officer or agency of the City of
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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 Formation Commission, and no further action
was taken concerning the proposed annexation until the said Commission
rendered its decision, as provided for in Section 54794 of the Govern-
ment Codei and
WHEREAS, the said Council of the City of Gilroy did heretofore and
on the 23rd day of October, 1967, at a regularly adjourned meeting of
said Council, adopt Resolution No. ~ finding the foregoing as facts
and fixing Monday, the 6th day of November, 1967, at the hour of 8:00
o'clock, pm., of said day in the Council Chambers in the City Hall,
No. 10 South Rosanna Street, Gilroy, California, as the time and place
for the hearing of said petition and proposal to annex said territory,
which resolution complied with the provisions of Sections 35305 and
35306 of the Government Codei and
WHEREAS, notice of the said hearing has been given, as required
by Sections 35307 and 35310.1 of the said Government Code by publica-
tion of a copy of said Resolution in the GILROY EVENING DISPATCH, a
newspaper published in the said City of Gilroy, on the 26th day of
October , 1967, as required by law, and the previous order of
the Council, and also by giving notice of the time and place of hear-
ing to all persons and bodies to whom the law requires such notices
to be given, all in the manner and within the time required by lawi
and
WHEREAS, the said Council of the City of Gilroy has now held
the said hearing and no objections or protests to said proposed an-
nexation having been filed or made, and the said Council having duly
considered the matter of said annexation and finding all the foregoing
as facts, and deeming it desirable and f1- the best interests of the
City of Gilroy that the said territory be annexed to the said City
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of GilroYi and
WHEREAS, the owners of all of the territory proposed to be an-
nexed signed the petition hereinbefore mentioned for the annexation
of said territory to the city of Gilroy, and said petition pursuant
to Section 35315 of the Government Code, contains the written consent
of the said signers to the taxation by the City of Gilroy, upon and
after the annexation of said territory to said City of Gilroy, of prop-
erty within said territory, to pay any and all bonded and other indebted-
ness and any and all liabilities to 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 purposei 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 Resolution to be true and correcti
NOW, THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES HEREBY
RESOLVE AS FOLLOWS:
Section I: Under the authority of the said "Uninhabited Terri-
tory Act of 1939", as set forth in Sections 35300 to 35326 of the
Government Code of the State of California, the same being Chapter
297, Statutes of 1939, and Amendments thereto, there is hereby an-
nexed to the City of Gilroy as uninhabited territory the property
and premises hereinbefore mentioned, which are more particularly des-
cribed as follows, to wit:
BEING a portion of Las Animas Ranch Lot 16 as shown on
Map No. 7 accompanying the Final Report of the Referees
in the Las Animas Rancho Partititbn Suit, Action No. 5536
had in the Superior Court of the State of California, and
for the County of Santa Clara and being more particularly
described as follows:
"BEGINNING at a point in the westerly line of Miller
Avenue at the intersection thereof with the southerly
line of Castlewood Park Unit No. 1 as filed for record
in Book 18 of Maps at page 40, Records of Santa Clara
County, Californiai thence southerly along the westerly
line of Miller Avenue S. 00 52' W. 599.84 feet to the
northerly line of that certain parcel of land described
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in the deed from Samuel Hamburger, Inc., to Fenton
O'Connell, et ux, recorded April 10, 1958 in Volume 4048
at page 683, Official Records of Santa Clara CountYi
said lire also being the northerly line of the Ninth
Western Additbn to the City of Gilroy, Resolution No.
859, Sept. 8, 1964, thence along the northerly line
N. 890 08' W. 130.00 feeti thence parallel to Miller
Avenue N. 00 52' E. 255.00 feeti thence at right angle
to Miller Avenue No. 890 OB' W. 20.00 feeti thence para-
llel to Miller Avenue No. 00 52' E. 344.97 feet. to the south-
westerly corner of the above mentioned Castlewood Park
Unit #li thence along the southerly line of Castlewood
Park Unit #1 S. 890 05' E. 150.00 feet to the point of
beginning, and
Containing therein 1.949 acres."
Section II: Said Council does hereby further resolve 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 exist-
ing 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: It is also further resolved that the said terri-
tory hereby annexed to the City of Gilroy shall be known as and is
hereby designated as "MILLER AVENUE ANNEXATION 67-2 TO THE CITY OF
GILROY" .
Section IV: Be it further resolved that this Resolution shall
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take effect and be in full force from and after the date of the fil-
ing of a certified copy of this Resolution in the office of the
Secretary of State.
PASSED AND ADOPTED this 6th day of November, 1967, by the fol-
lowing vote:
AYES:
COUNCILMEMBERS: A 11 emand, Duffi n ,Kennedy ,Jr. ,Quart i ro 1 i ,S i 1 va,
Wentw0rth, and Goodrich.
NOES:
COUNCILMEMBERS: N0ne
ABSENT:
N0ne
APPROVED:
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/j.tJZ~P~c~//~~:-,,/pr'
Mayor
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I, SUSANNE E. PAYNE I City Clerk of the City of
Gilroy, do hereby certify that the attached Resolution
No. 1155 is an original resolution, duly adopted by
the Council of the City of Gilroy at a regular meeting
of said Council held on the 6th day of November
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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
7th day of , 19~.
').fO~
City Clerk of the City