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Resolution 1039 - iiMntrl .~... 11 . ')Tr' RESOLUTION NO. 1039. A RESOLUTION PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "KERN-TATUM ANNEXATION 66-2 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 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 territ ry is contiguous to the present city limts 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) )().31 rr-;unr 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 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. 1020 finding the foregoing as facts and fixing Tuesday, the 5th day of July, 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, 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 GovernmBnt 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 DISPATCHt a newspaper published in the said City of Gilroy, on the 24th day of June, 1966, as required by law, and tbe 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) LI J" WHEREAS, the owners of all of the territory proposed to be annexed 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 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 THEREFOREt 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 particularly described as follows, to wit: BEING a portion of Lots 39 and 42 as shown on "Map of Jas. A. Clayton & Co's. Subdivision of Las Animas Ranchlot 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 follows: "BEGINNING at the northwesterly corner of that certain parcel of land described as Parcel Two in the deed to Rosa Martinez Recorded in Volume 3999 at page 614, Official Records of Santa Clara County, said point of beginning being in the centerline of Kern Avenue, distant thereon S.Oo07t30"W.150.00 feet from the intersection thereof with the centerline of Tatum Avenue as shown on said Map, and running thence along the northerly line of said Parcel Two East 368.72 feet to the northeasterly corner thereof in the westerly line of that certain parcel of land conveyed by Jess J. Ford and Ellen C. Ford, his wife, to Gene A. Artman and Louise Artman, his wife, by Deed recorded July 10, 1947 in Volume 1439 at page 329, ( 3) ~rw--,',7,1I "ff ~~~',~'If'~'" , Official Records of Sant~ Clara County: thence along the westerly line of said Parcel conveyed to Artman S. 010311 E. 434.05 feet to the southwesterly corner thereof in the northerly line of that certain 5.625 acre parcel of land conveyed to the Gilroy Umion High School District by Deed recorded July 9, 1962 in Volume 5638 at page 127, Official Records of Santa Clara County: thence along the northerly line of said 5.625 acre par.cel West 381.12 feet to the northwesterly corner thereof in the centerline of Kern Avenue: thence along the centerline of Kern Avenue N.0007t30" B.434.00 feet to the point of beginning, and CONTAINING THEREIN 3. 735 acres in this annexation". 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 designated as "KERN-TATUM ANNEXATION 66-2 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 5th day of July, 1966, by the following vote: AYES: COUNCILMEMBERS :A 11 emand, Duffi n, Eckard ,Goodr i ch, Quartiro1i ,Wentworth, and Petersen. COUNCILMEMBERS :None NOES: ABSENT: COUNCILMEMBERS :None ATTE~j: {___) .0J?t:/ l:'i>n'Jl.,.c..jk:) /c. / :,.z(A:.,j City Clerk APPROVED.:/..,/ .,.;J ~/~ j ",<-- .' , -;i" ,,' ,--.R_~i:.'....,.(;.~ -.1"<- ( ayor ( 4) I, SUSANNE E. PAYNE I City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 1039 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 July day of 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 Ju1 y AU1Ki~ ~. a2. City Clerk of the City 0 Gilroy I 19 66 . , - .. .-,