Resolution 986
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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 "SOUTHWEST ANNEXATION NO. 65-2 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 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
particularly 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
annexed by area and by assessed value as shown on the last equalized
assessment roll of the County of Santa Clara, and that the said
territory is conti: .guous to the present city limits of the said
City of GilroY1 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 annexa-
tion, given the notice that is required by Section 54796 of the
Government Code, has held the said hearing in accordance therewith,
made its decision upon the proposed annexation, and has approved
said annexation as proposed, and has given notice to the City of
Gilroy of its said decision; and
WHEREAS, no petition seeking the annexation of said territory
was circulated or filed nor did any officer or agency of the City
of Gilroy accept any such petition for filing nor the Council
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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 Government Code7 and
WHEREAS, the said Council of the City of Gilroy did heretofore
and on the 20th day of December, 1965, at a regularly adjourned
meeting of said Council, adopt Resolution No. 982 finding the
foregoing as facts and fixing Monday, the 3rd day of January, 1966,
at the hour of 8:00 ollclock, p.m., 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 23rd day of Decemberj 1965, 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 manner and within the
time required by law7 and
WHEREAS, the said Council of the City of Gilroy has now held
the said hearing and no objections or protests to said proposed
annexation 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 for the best
interests of the said 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
annexed signed the petition hereinbefore mentioned for the annexa-
tion of said territory to the city of GilroYI and said petition,
puruant to Section 35315 of the Government Code, contains the
written consent of 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 indebtedness 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 allegationsl 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
Territory Act of 1939", as set forth in Sections 35300 to 35326
of the Government Code of the State of California, the same being
Chapter 2971 Statutes of 1939, and Amendments thereto, there is
hereby annexed to the City of Gilroy as uninhabited territory the
property and premises hereinbefore mentioned, which are more
particularly described as follows, to wit:
BEING a portion of Las Animas Ranch Lot 16 as shDwn 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 des-
cribed as follows:
"BEGINNING at a Granite Monument at the original southwest
corner of the City of Gilroy as shown on said Map No.7,
and running thence along the southwesterly line of that
certain 41.722 acre parcel of land described in the Deed
from C.N.Smith to Frank Filice, et ux1 dated February 15,
1952, and recorded February 15, 1952 in Book 2366 at page
302, Official Records of Santa Clara County S.20GOOtE.
826.59 feet to the point from which a buried iron pipe in
the southerly line of Ranch Lot 16 at the southwesterly
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corner of said 41.722 acre parcel bears S. 200 00. E.
42.55 feet; thence along a line that is northerly 40.00 feet
at right angles from the southerly line of said Ranch Lot 16
and of said 41.722 acre parcel N. 89055150" E. 1458.99 feet
to the southwesterly corner of "Rosanna Annexation No.1" to
the City of Gilroy as described in Resolution No. 920 of said
city adopted May 3, 1965, and from which southwesterly corner
the southwesterly corner of 'Tract No. 3398, Garden Estates.
as shown on the Map tl, ereof filed for Record in Book 157 of
Maps at pages 32 and 33, Records of Santa Clara County, bears
N. 890 55150" E. 146.28 feet; thence along the northwesterly
line of said 'Rosanna Annexation RD. 11, N. 200 01'30" w.
1323.93 feet to the northwesterly corner thereof in the
original southeasterly line of the City of Gilroy as shown
on said Map No.7; thence along said southeasterly line of
the City of Gilroy S. 700 00. W. 1371.03 feet to the point
of beginning, and CONTAINING THEREIN 33.849 acres."
Section lIs 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
existing 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
territory hereby annexed to the City of Gilroy shall be known as
and is hereby designated as KSOUTHWEST ANNEXATION NO. 65-2 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 filing of a certified copy of this resolution in the office
of the Secretary of State.
PASSED AND ADOPTED this 3rd day of January, 1966, by the
following vote:
AYES:
COUNCIIMEMBERS:A II emand, Duffi n, Eckard,Goodri ch,
Quartirol i ,Wentworth, and Petersen.
COUNCILMEMBERS : Non e
NOES:
ABSENT:
COUNCILMEMBERS: None
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city Clerk