Resolution 1163
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 "CASTLEWOOD PARK ANNEXATION 67-1 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 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 particular-
ly 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 an-
nexed by area and by assessed value as shown on the last 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
Gilroy; 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 for 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-
cis ion upon the proposed annexation, and has approved said annexation
as proposed, and has given notice to the City of Gilroy of its said
decisions; 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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Ill~ ~
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 Code; 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 Code; and
WHEREAS, notice of the said hearing has been given, as required by
sections 35307 and 35310.1 of the said Government Code by publication
of a copy of said Resolution in the GILROY EVENING DISPATCH, a newspaper
published in the said City of Gilroy, on the ~':~day of C. ;:'L' {""/.;,{'iL II
1967, as required by law, and the previous order of the Council, and also
by giving notice of the time and place of hearing to all persons and
bodies to whom the law requires such notices to be given, all in the man-
ner and within the time required by law; and said hearing regularly con-
tinued from said 6th day of November, 1967, to the 20th day of November,
1967; and
WHEREAS, the said Council of the City of Gilroy has now held the
said hearing on the said 20th day of November, 1967, and no objections
or protests to said proposed annexation having been filed or made, and
the said Council having duly considered the m3.tter of said annexation
and finding all the foregoing as facts, and deeming it desirable and for
the best interests of the City of Gilroy that the said territory be annexed
to the said City of Gilroy; and
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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 property
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 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 Resolution to be true and correct;
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 the most westerly portion of Las Animas Ranch
Lot No. 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 California, in and for the County
of Santa Clara, and being more particularly described
as follows:
"BEGINNING at the southwesterly corner of Ranch Lot 21
as shown on said Map and running thence along the
westerly line of Ranch Lot 16 said line also being
the easterly line of the Sixth Western Addition, Ordi-
nance #694, dated March 6, 1963, S. lSo 45' W. 2095.68
feet, more or less, to the southwesterly corner of that
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certain 157.788 acre conveyed to the San Martin Vine-
yards Company by Deed recorded in Volume 2627 at page
215, Official Records of Santa Clara County; thence
along the southerly line of said 157.788 acre parcel
S. 890 10' 30" E. 269.08 feet; thence N. 150 45' E.
2094.83 feet, more or less, to a point in the line
common to Ranch Lost 16 and 21; thence along said
common line N. 890 00' W. 268.86 feet to the point
of beginning, and
Containing therein 12.506 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 "CASTLEWOOD PARK ANNEXATION 67-1 TO THE CITY
OF GILROY".
Section IV: Be it further resolved that this Resolution shall
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 20th day of November, 1967 I by the fol-
lowing vote:
AYES:
COUNCILMEMBERS: Allemand,Duffin,Kennedy,Jr. ,Quarti rol i,
Silva,Wentworth, and Goodrich.
NOES:
COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
APPROVED:
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City
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Clerk
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Mayor
ATTEST:
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I,
SUSANNE E. PAYNE
, City Clerk of the City of
Gilroy, do hereby certify that the attached Resolution
No. 1163 is an original resolution, duly adopted by
the Council of the City of Gilroy at a regular meeting
of said Council held on the ____20th
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
21st day of _ November
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City Clerk of the City 0
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