Resolution 896
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RESOLUTION NO. ~
A RESOLUTION PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "FOURTH SOUTHERN ADDITION TO THE CITY OF GILROY"
AND FOR THE INCORPORATION OF 3U:n ANNEXED TERRITORY
IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERN-
MENT AND MUNICIPAL CONTROL THEREOF
WHEREAS, a written petition has hertofore 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
definiteness 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, and 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 required 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 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
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
and no 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 15th day of February, 1965, at a regularly
adjourned meeting of said Co~ncil, adopt Resolution No. 894 finding
the foregoing as facts and fixing Monday, the 1st day of March,
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 Resolution in the GILROY
EVENING IDISPATCH, a newspaper published in the said City of
Gilroy, on the 18th day of February, 1965, as required by law,
and the previous order of the Council, and also by giving notice
of the time and place of the 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
(2)
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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
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 City, 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 2urpose
equally with other property in said City wh~ch 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 1: 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:
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BEING a portion of Ranch Lot 48 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 more particularly described
as follows:
"BEGINNING at the corner common to Ranch Lots 47 and
48 designated as B-3-M on said Map, and running thence
along the line common to Ranch Lots 47 and 48 S. 890
471 E. 1792.33 feet to the northeasterly corner of that
certain 3.06 acre parcel of land first described in deed
recorded in Volume 741 at page 8, Official Records of
Santa Clara County; thence along the easterly line of
said 3.06 acre parcel S. 70 061 E. 733.76 feet to the
most southerly corner thereof in the northeasterly line
of that certain 81.8 acre parcel of land described in
said deed; thence along the northeasterly line of said
81.8 acre parcel S. 32 051 E. 410.84 feet; thence
S. 570 551 w. 20.00 feet~ thence S. 320 OS' E. 358.8
feet to the corner common to said 81.80 acre parcel
and the 44.14 acre parcel described in said deed; thence
along the northeasterly line of said 44.14 acre parcel
s. 320 05' E. 320.68 feet to the intersection of the
centerline of Luchessa Avenue with the centerline of
Sheldon Avenue as described in the deed to the County of
Santa Clara recorded in Book 945 at page 539, Official
Records of Santa Clara County; thence continuing along
the centerline of Sheldon Avenue and the northeasterly
line of said 44.14 acre parcel S. 320 OS' E. 313.08 feet
to the most easterly corner of said 44.14 acre parcel;
thence along the southeasterly line thereof S. 570 55' w.
1917.3 feet to the most southerly corner thereof in the
nort11easterly line of Ranch Lot 68 (Southern pacific
Railroad Company); thence northerly along the north-
easterly line of Ranch Lot 68 along a curve to the right
with a radius of 17,139.00 feet for a distance of 3322.28
feet to the most westerly corner of the 81.8 acre parcel
of land above referred to; thence along the northwesterly
line of said 81.8 acre parcel N. 830 061 E. 683.7 feet to
the point of beginning, and CONTAINING THEREIN 129.00
acres, more or less."
Section II: Said Council does hereby further resolve and
order that all property within said designated territory shall
be taxed by the Clty of GJ.lroy 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 terri-
tory hereby annexed to the City of Gilroy shall be known as, and
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is hereby designated as "FOURTH SOUTHERN 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.
PASSED AND ADOPTED the .1st day of March, 19,65, by the
following vote:
AYES:
COUNCIlMEMBERS : Duff in, Eckard,Goodr i ch,
Jordan,Quartiro1i,Wentworth, and Petersen.
NOES:
COUNCIlMEMBERS : None
ABSENT:
COUNCILMEMBERS:None
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ATTEST: ~
.OJ?0cvmuJ
city Clerk
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Mayor
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SUSANNE E. PAYNE
, City CJerk of the City of
Gilroy, do hereby certify that the attached Resolution No. 896
is an original resolution, duly adopted by the Council of the
City of Gilroy at a regular meeting of said Council held on the
1st
day of
March
, 19iL, at wh i ch meet i ng
a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Gilroy, this 2nd day
of
March
9
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/'J . \
Q/ ,~CtpnU
tity Clerk of the City of GOlroy