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Resolution 988 , RESOLUT ION NO. 988. A RESOLUTION PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "MONTEREY NORTHWEST ANNEXATION 65-4 TO THE CITY OF GILROyn AN~ 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 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 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 ( 1) /' /'. /-:--) (....--~) ~1~/~ ~" I (-_/ ..1 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 Commission1 and no further action was taken concerning the proposed annexation until the said Commission rendered its decisionl as provided for in Section 54794 of the Government Code; and WHEREAS, the said Council of the city of Gilroy did heretofore and on the 3rd day of January, 1966, at a regularly adjourned meeting of said Council, adopt Resolution No. 984 finding the fore- going as facts and fixing Monday, the 17th day of January, 1966, at the hour of 8:00 otclock, p.m., of said day in the Council Chambers in the City Hall, No. 10 South Rosanna Street, Gilroy, Californial 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 WEEREAS, 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 DISPATCHI a newspaper published in the said City of Gilroy, on the 6th day of January, 1966, 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 law; 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 ( 2) WHEREAS, the owners of all of the territory proposed to be annexed signed the petition hereinbefore mentioned for the annex- ation of said territory to the city of Gilroy, and said petition, pursuant 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 purposej 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 correctj NOW THEREFORE,. THE COUNCIL OF THE CITY OF GILROY DOES HEREB:( 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 297, statutes of 1939f 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 Ranch Lot 32 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 also all of Lots 4, 5, 6, 7 and 8 and a portion of Lot 3 as shown on Map entitled, "Map of Jas. A. Clayton & Cols., Subdivision of Las Animas Ranch Lot 31 and a part of Las Animas Ranch Lot No. 3011, which map is filed for Record in Volume IIV" of Maps at pages '1 and 2, Records of Santa Clara County, California, and being more particularly described as follows: "BEGINNING at a point in the centerline of Farrell Avenue distant thereon S.67034lW.18l.00 feet from the corner common to Lots 3 and 4 as shown on sa.id Map of the Clayton Subdivision said point of beginning being also the northwesterly corner of that certain 1.601 acre parcel of land shown on Record of Survey lIap filed for record in Book 9 of Maps at page 18, Santa Clara County Records, and running thence along the center- line of Farrell Avenue N.67034tE.787.l0 feet, more or less, ( 3) to the southwesterly corner of that certain parcel of land conveyed to Gabriel G. Lepiane and Carmen U. Lepiane by Deed recorded under Serial Number 465183 in the Office of the Recorder of Santa Clara CountYT thence along the westerly line of said Parcel N.22020tW.100.00 feet to the northwesterly corner thereof, thence along the northerly line of said Parcel and the prolongation thereof N.67034tE.475.00 feet, more or less, to the intersection thereof with the northeasterly line of the Southern Pacific Railroad, thence along said north- easterly line S.22020tE.2824.00 feet, more or less, to the intersection thereof with prolongation easterly of the northerly line of Ranch Lot 25 as shown on said Map No.7, thence along said prolongation and northerly line of Ranch Lot 25 S.88035tW. 187.35 feet, more or less, to the inter- section thereof with the southwesterly line of the state Highway (U.S.10l) T thence along southwesterly line of said Highway N.22029IW.686.30 feet to the northeasterly corner of that certain Parcel of land described in the Deed to Gustav H. Steele and Barbara Steele, Recorded December 8, 1949, in Volume 1888 at page 184, Official Records of Santa Clara CountYT thence along the northerly line of said Parcel S.88035tW.19l.53 feet, more or less, to the northwesterly corner of said ParcelT thence along the westerly line of said Parcel and the southerly prolongation thereof $.lo25tE.170.00 feet to the intersection thereof with the centerline of Ltman Avenue as shown on the "Map of North Gilroy Tract", which map is filed for Record in Book "w" of Maps at pages 14 and 15, Records of Santa Clara CountYT thence along the centerline of Ltman Avenue S.88035.W.118.75 feet to an intersection with the southerly prolongation of the easterly line of that certain Parcel of Land described in the Deed to Glenn C. Defebaugh, et ux, Recorded in Volume 4407 at page 476, Offi- cial Records of Santa Clara County, thence along said prolongation and easterly line N.2020tW.110.02 feet to the northeasterly corner of said Parcel conveyed to DefebaughT thence along the northerly line of said Parcel and the westerly prolongati9n thereof (being 150.00 feet northerly at right angles from the northerly line of Ltman Avenue)S.88035tW.559.05 feet, more or less, to a point in the centerline of Carlyle Avenue that is N.22020tW.18l.99 feet from the intersection of the centerlines of Carlyle and Ltman Avenues as shown on said"Map of North Gilroy Tract", thence along the centerline of Carlyle Avenue N.22020.W.484.00 feet, more or less, to the northeasterly corner of Lot 1 in Block 7 as shown on said "Map of North Gilroy Tract" T thenc e along the northerly line of Lot 1 S.88034t30"W.96.28 feet to th~ southeasterly corner of Lot 9 as shown on the Map of the Clayton Subdivision above referred to; thence along the northeasterly line of Lot 9 N.22018130"W. 182.04 feet to the most southerly corner of that certain 1.744 acre parcel of land shown on the Record of Survey Map first above referred tOT thence along the southwesterly line of said 1.744 acre parcel and the 1.601 acre parcel shown on said Record of Survey Map N.53005tW.353.73 feet and N.22~18L30nW. 1053.00 feet to the point of beginning, and CONTAINING THEREIN approxtmately 52.05 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 existing ( 4) 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 "MONTEREY NORTHWEST ANNEXATION 65-4 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 17th day of January, 1966, by the following vote: AYES: COUNCILMEMBERS :A II emand, Duff in, Eckard,Goodri ch, Wentworth, and Petersen. NOES: COUNCILMEMBERS :None ABSENT: COUNCILMEMBERS :Quarti rol i ATTESW: (~) -), ; Vt" I i" , i.. ',.-' I.. - 'f / "", City Clerk ~/ ~ , 4/-,-'Z /4 j/:-/._- ,,/ __L_<--.P_-L--<_"~ ayor (5) ,- . .. ... I .. SUSANNE E. PAYNE , City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 988 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 17th day of January . 19_ 66 .. at which 1n4"E't'ing a quorum was present. IN WITNESS WHEREOF, have hereunto set my hand and affixed the official seal of the City of Gilroy, this 18th day