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
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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
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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
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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
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Mayor
ATTEST:
tJ
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