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
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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:
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Mayor
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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
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