Resolution 1037
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RESOLUTION NO.~.
A RESOLUTION PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GrLROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "KERN-TATUM ANNEXATION 66-1 TO THE CITY OF GILROY"
AND FOR THE INCORPORATION OF SUCH ANNEXED TERRITORY
IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERN-
MENT 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 35226, 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 ~f 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 equal-
ized 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 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 GoveInment Code; and
WHEREAS, the said Council of the City of Gilroy did heretofore
and on the 20th day of June, 1966, at a regularly adjourned meeting
of said Council, adopt Resolution No. 1019 finding the foregoing
as facts and fixing Tuesday, the 5th day of July, 1966, at the hour
of 8:00 o'clock, 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 I which resolution corrq:>lied with the provis ions
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 24th day of June, 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 p~ot.Qst::s 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 sad territory be
annexed to the said City of Gilroy; and
WHEREAS, the owners of all of the territory proposed to be
annexed signed the petition hereinbefore mentioned for the annexation
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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 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 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
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 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 parti-
cularly described as follows, to wit:
BEING a portionof Lot 38 as shown on "Map of Jas. A. Clayton
& Corso Subdivision of Las Animas Ranch Lot No. 31 and a
Part of Las Animas Ranch Lot No. 30", which map is filed for
Record in Book "V" of Maps at pages 1 and 2, Records of
Santa Clara County, California, and being more particularly
described as fol16ws:
"BEGINNING at the northeasterly corner of Lot 38 as shown
on said Map, and running thence along the easterly line of
Lot 38 S.4026'E.195.60 feet to the northeasterly corner of
that certain parcel of 'land conveyed to Joe Munoz, et ux"
as described in Deed recorded in Volume 5720 at Page 552"
Official Records of Santa Clara County; thence along the
northerly line of said Parcel S. 88035r30"W.389.20 feet
to the intersection thereof with the easterly line of
Kern Avenue; thence along the easterly line of Kern Avenue
N. l024'30"W.204.08 feet to the northerly line of Lot 38;
thence along the northerly line of Lot 38 N. 89054S30"E.
378.80 feet to the point of beginning, and CONTAINING
THEREIN 1.759 acres in this annexation".
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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 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
des ignated as "KERN-TATUM ANNEXATION 66-1 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
filing of a certified copy of this resolution in the office of the
Secretary of State.
1966
PASSED AND ADOPTED this 5th day of July,/by the following
vote:
AYES:
COUNCILMEMBERS :A 11 emand, Duff in, Ecka rd, Goodr i ch,
Quartirol i ,Wentworth, and Petersen.
NOES:
COUNCILMEMBERS:None
ABSENT:
COUNCILMEMBERS:None
APPROVED :,,/ " I J
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) Mayor
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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. 1037 is an original resolution, duly adopted by
the Council of the City of Gilroy at a regular meeting
of said Council held on the 5th day of July
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
14th day of July , 19~.
u{) a14/YUJ
Clerk of the City
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