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Resolution 885 RESOLUTION NO. 885 A RESOLUTION PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "ELEVENTH WESTERN ADDITION 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, inclu- sive, 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, notice of intention to annex the said premises has heretofore been filed with the, ,Local Agency Annexation Commission, pursuant to Section 54761 of the Government Code, and the proposal for the annexation of said territory was there- after submitted to the Boundary Commission of the County of Santa Clara, and said Boundary Commission has reported upon the definite~ ness and certainty of said boundaries and has approved the same, and that a copy of a report of said Boundary Commission has been filed with the said Local Agency Annexation Commission of Santa Clara County, arid said Commission did fix the date, time and place for a public hearing upon the proposed annexation, and did give notice of said hearing, as requrred by Section 54763 of the Government Code, and has held the said hearing, in accordance (l) ~ -'- ~ C S'-~~- '~,"C"- therewith, made its decision upon the proposed annexation, and has approved :lsaid 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 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 Annexation Commission arrlno further action was taken concerning the proposed annexation until the said Commission rendered its decision, as provided for in Section 54766 of the Government Code; and, WHEREAS, the said Council of the City of Gilroy did hereto- fore and on the 21st day of December, 1964, at a regularly adjourned meeting of the said Council, adopt Resolution 881 finding the foregoing as facts and fixing Monday, the 4th day of January, 1965, 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, 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 Resol~tion in the Gilroy Evening Dispatch, a newspaper published in the said City of Gilroy, on the 23rd day of December, 1964, as required by law, and the previous order of the Council, and also by giving notice of the time and place of the hearing bo all persons and bodies to whom the law requires such notice 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 held (2) 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, 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 Gilroy, and said petition contains the written: consent of said signers, pursuant to Section 35319 of the Government Code, to the taxation by the City of Gilroy, upon and after the annexation of said territory to said Cit~ of property within said territory, to pay any and all bonded and other indebtedness and any and all liabilities of 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 particularly described as follows, to wit: All that certain real property situate in the County of Santa Clara, State of California, described as follows: (3) BEING a portion of Lot l7 of Henry Miller's Subdivision of Las Animas Ranchlot 23 as recorded in Book H of Maps at page 5, Records of Santa Clara County, State of California and more particularly described as follows: "BEGINNING at a point in the westerly line of Wren Avenue (shown as Avenue "H" on said Map) at the inter- section thereof with the line common to Lots 16 and 17 and running thence along the line common to said Lots and the northerly line of the Eighth Western Addition to the City of Gilroy (Resolution No. 818, April 12, 1964) N. 89000'W. 922.85 feet to the common corner to Lots 17 and 22 (at 693.00 feet on this course is the northwesterly corner of said Eighth Western Addition); thence along the line common to Lots 17 and 22 N.Oo56'30"E. 260.00 feet; thence parallel with the southwesterly line of Lot l7 S.89000'E. 922.83 feet to a point in the westerly line of Wren Avenue; thence along the westerly line of Wren Avenue, being also the westerly line of the Fourth Northern Addition to the City of Gilroy, Ordinance No. 549 of November 5, 1956, S.Oo56'l5"W. 260.00 feet to the point of beginning, and CONTAINING THEREIN 5.508 acres, and being Parcel B as shown on Record of Survey Map filed in Book 185 of Maps at page 52, excepting therefrom the westerly half of Wren Avenue contained within said Parcel B." Section II: Said Council does hereby further resolve and order that all property within said designated terrttory 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. Sec~ion 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 "ELEVENTH WESTERN ADDITION 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. (4) PASSED AND ADOPTED this following vote: AYES: NOES: ABSENT: ATTEST: (,~) 2tj[f./llJt<: City Clerk 4th day of January, 1965, by the COUNCILMEMBERS : Duffi n, Eckard,Goodr i ch,Jordan ,Quart i roJ; i , Wentworth, and Petersen. COUNCILMEMBERS :None COUNCILMEMBERS :None APPROVED: ;,;;?--- /./ ,.,,,,~ . / .."./'/ " // :7(?/// - ( ~/"/ 'J ,/, ..!?::z::e ~~7--(~ Mayor (5 ) I , SUSANNE E. PAYNE t City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 885 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 4th day of January , 19~, at which meeting a quorum was present. IN WITNESS WHEREOF, have hereunto set my hand and affixed the official seal of the City of Gilroy, this 5th day of .,January A /'