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Resolution 913 RESOLUTION NO. .,_~ RESOLUTION DECLARING THAT PROCEEDINGS HAVE BEEN INITIATED BY THE COUNCIL OF THE CITY OF GILROY TO ANNEX TO SAID CITY CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "MILLER AVENUE ANNEXATION NO.1" AND GIVING NOTICE OF THE PROPOSED ANNEXATION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GILROY: 1. That pursuant to the provisions of the Uninhabited Territory Act of 1939, proceedings have been initiated by the Council of the City of Gilroy, on its own motion, to annex to the City of Gilroy all that uninhabited territory situated in the county of santa Clara, state of California, hereby designated as "Miller Avenue Annexation No.1" and described as follows: BEING a portion of Las Animas Ranch Lots 11 and 16 as shown on Map No. 7 accompanying the 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 part~cularly des- cribed as follows: "BEGINNING at the intersection of the westerly line of Miller Avenue with the southerly line of the "Ninth western Addition to the city of Gilroyll as described in Resolution NO. 859 of the City of Gilroy adopted septem- ber 8, 1964, and running thence along the westerly line of Miller Avenue and the westerly line of the "Fifth Western Addition to the City of Gilroy" as described bn Ordinance NO. 675 adopted May 7, 1962, by said City 0 52' W. 492.17 feet to the southwesterly corner of said "Fifth Western Addition"; thence along the southeasterly line thereof N. 700 06' E. 42.78 feet to the intersection thereof with the centerline of Miller Avenue; thence along the centerline of Mi1lerAvenue s. 00 52' w. 159.66 feet s. 870 52' W. 444.51 feet, s. 670 37' w. 118.01 feet, s. 520 52' w. 156.82 feet, s. 320 32' W. 239.25 feet and S. 240 57' W. 437.12 feet to the intersection thereof with the line common to Ranch Lots 11 and 1" and the most northerly corner of the lands of the City of Gilroy as shown on Record of survey Map of a 28.087 acre parcel of land filed for record in Book 147 of Maps at page 21, Santa Clara County Records; thence along the line common to Ranch Luts 11 and 16 and the northeasterly line of said Lands of the City of Gilroy S. 480 48' E. 437.96 feet, s. 740 311 40~ E. 416.24 feet, s. 40 49' E. 572.84 feet, s. 5]0 15' 40" E. 868.00 feet and S. 570 02' 5011 E. 330.58 feet to the northeasterly corner of the lands of the City of Gilroy in the line common to Ranch Lots 11 and 15; thence along the line common to said L0ts south 214.12 feet to the southeasterly corner of said lands of the city of Gilroy; thence along the southwesterly line of the lands gf the City of Gilroy N. 520 35' 20" w. 252.78 feet, N. 66 04' 50" W. 372.81 feet, N. 580 25' 40" W. 154.85 feet, N. 790 3:.-1 50" Vi. 318.69 feet, N. 430 39' 50" w. 375.00 feet, N. 820 47' 30" W. 174.86 feet, N. 720 20' 50" w. 199.48 feet, N. 790 43' W. 525.00 feet, and N. 880 021 w. 248.91 feet to the southwesterly corner of said lands in the ( 1) 9/~{ centerline of Miller Avenue (also known as Mesa Road); thence along the centerline of Miller Avenue N. 50 02' E. 98.22 feet, N. 350 02' E. 532.96 feet; thence leaving said centerline N. 540 58' w. 230.00 feet; thence parallel with the centerline of Miller Azenue N. 350 02' E. 334.97 feet, ~. 290 17' E. 133.23 feet, N. 24 57' E. 443.66 feet (at 57.90 feet on this course intersect the line common to Ranch L-)ts 11 and 16), N. 320 32' E. 295.74 feet, N. 520 52' E. 227.84 feet, N. 670 37' E. 188.85 feet and N. 870 52' E. 257.31 feet; thence N.Oo 52' E. 418.92 feet to the souhherly line of said "Ninth Western Addition"; thence along said southerly line s. 890 08' E. 200.00 feet to the point of beginning, and CONTAINING THEREIN 40.522 acres." 2. That the Council of the City of Gilroy desires to annez said uninhabited territory to the City of Gilroy for the following reasons: The territory is contiguous to the City of Gilroy and its proposed annexation will contribute to and facilitate the orderly growth and development of the City and the proposed terri- tory to be annexed; will facilitate and contribute to the proper and orderly layout,design and construction of streets, gutters, sidewalks, sanitary and storm water sewers and drainage facilities, both within the city and within the territory to be annexed; will provide and facilitate proper overall planning, zoning and sub- division of lands in said City and said uninhabited territory, in a manner most conducive to the welfare of said City and said uninhabited territory, and will provice more adqquate protection to that portion of the said territory which now belongs to and is wholly owned by the City of Gilroy. 3. That a notice of intention to annex the said premises has 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 thereafter submitted to the Boundary Commission of the Countyyof Santa Clara; and said Boundary Commission has reported upon the definiteness and certainty of the proposed boundaries and has approved the same; that a copy of the report of said County Boundary Commission has been filed with the Local Agency Annexation Commission of santa Clara County and said Local Agency Annexation Commission of santa Clara County has fixed the (2) date, time and place for a public hearing upon the proposed annexa- tion, given the notice that is required by section 64763 of the Govern- ment Code, has held the said hearing in accordance therewith, made its determination upon the proposed annexa5ion, and has approved said annexation as proposed. 4. That Mond~_'L-' the ___.-I!=frlay of' June, -,..'".....~ 1965, at the hour of 8 o'clock, p.m., in the Council Chambers in the city Hall at No. 10 south Rosanna street in the City of Gilroy is hereby fixed as the time and place when and where any person owning real property within the uninhabited territory above described and proposed to be annexed may appear before the council of the City of Gilroy and show cause why such uninhabited territory sLould not be so annexed to the city of Gilroy. Such protest must be in writing, maybe filed any time before the hour set for objections to the proposed annexation, and shall state the name or names of the owner or owners of property affected, and the description area of such property in general terms. 5. The City Clerk of the city of Gilroy is hereby authorized and directed to cause a copy of this resolution to be published at least twice, but not oftener than once a week, in a newspaper of general circulation published in the City of Gilroy, the City to which it is proposed to annex the aforesaid territory and also in the Morgan Hill Times, a newspaper of general circulation pub- lished outside of the city of Gilroy but in the County of Santa Clara, the county in which is located the territory proposed to be annexed to the City of Gilroy, said publication to be complete at lease twenty (20) days prior to the date set for hearing. 6. The City Clerk is further authorized and directed to cause written notice of such proposed annexation to be mailed to each person to whom land within the territory proposed to be annexed is assessed in the last equalized county assessment roll available on the date the above said proceedings were initiated, at the (3) addresses shown on said assessment roll or known to the Clerk, and to any person who has filed his name and address and the designation of the lands in which he has an interest, either legal or equiaable, with the Clerk, such notice to be given not less than twenty (20) days before the first public hearing on the proposed annexation. 7. In the event any land within the territory proposed to be annexed is owned by a county, the City Clerk is directed to cause written notice of such proposed annexation to be mailed to the Board of Supervisors of the county, such notice to be given not less than twenty (20) days before the first public hearing on the proposed annexation. 8. In the event there is, upon the land proposed to be annexed, a structural improvement owned, being acquired or leased by a county fire protection district, the said Clerk is directed to cause written notice of such proposed annexation to be mailed to the governing body of such district, such notice to be sent not less than ten (10) days before the first public hearing upon such proposed annexation. 9. The City Clerk is directed to cause written notice to be given to such other persons as may be legally entitled thereto, in the manner required by law. ADOPTED this 20th day of April, 1965, by the following vote: AYES: COUNCILMEMBERS : Duffin,Jordan,Quarti rol i ,Wentworth, and Petersen. NOES: COUNCILMEMBERS :None ABSENT: COUNCILMEMBERS : Eckard and Goodri ch \/ ~~~~ Mayor ATTEST: tJ (4)