Resolution 988
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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
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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 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
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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,
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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
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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:
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City Clerk
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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