Resolution 920
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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 "ROSANNA ANNEXATION NO. 1 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, inclusive, 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 b
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
h~EREAS, notice of intention to annex the said premises has
heretofore been filed with the Local Agency AnnexatJ.on 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 ~ounty 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 lleld
the said hearing, in accordance therewith, made its decision upon
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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 Cou ncil of the City of Gilroy did heretofore
and on the 20th day of April, 1965, at a regularly adjourned meeting
of said Council, adopt Resolution No. 2..!.~ finding the foregoing as
facts and fixing Monday, the 3rd day of May, 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 complled 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
DISPATCH, a newspaper published in the said City of Gilroy, on the
22nd day of April, 1965, as required by law, and the previous order
of the Council, and also by giving notice of the time and place of
the l1ear~ng 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
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
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duly considered the matter of said annexation and finding all the
foregoing as facts, and deeming it desirable and for the best
interests of th. 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 con-
tracted prior to or after the time of annex~ing 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 statemen_s contained in
the foregoing portion of this Resolution to be true and correct,
NOW THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES HBREBY
RESOLVE AS FOLLOWS:
Section I: Under the authority of the said "Uninhabited Terri-
tory 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:
BEING a portion of Las Animas Ranch Lot 16 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 be ng more parti-
cularly described as follows:
"BEGINNING at the intersection of the northeasterly
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line of that certain 41.722 acre parcel of land described
in the Deed from C. N. Smith to Frank Filice, et ux, dated
February IS, 1952, and recorded February IS, 1952 in Book
2366 at page 302, Official Records of santa Clara County,
with the original southeasterly line of the City of Gilroy,
and from which point of beginning a buried granite monu-
ment at the intersection of the centerline of Tenth street
with the centerline of Rosanna Street bears N. 200 011 30"
W. 64.00 feet and running thence along the northeasterly line
of said 41.722 acre parcel of land and the extension of the
centerline of Rosanna Street S. 200 011 30" #. 1373.80 feet
to the intersection thereof with the northerly line of the
Princevalle storm Drain as deeded to the County of santa
Clara~ thence along the northerly line of the Princevalle
storm Drain S. 890 551 50" W. 146.28 feet~ thence parallel
with the northeasterly line of said 41.722 acre parcel N.
200 01' 30" W. 1323.93 feet to the original southeasterly
line of the City of Gilroy~ thence along said southeasterly
line N. 700 00' E. 137.50 feet to the point of beginning,
and CONTAINING THEREIN 4.258 acres."
Section II: Sdid Council does hereby further resolve and
order that all property within said designated territory 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.
Section III: It is also further resolved that the said terri-
tory hereby annexed to the City of Gilroy shall be known as, and
is bereby designated as "ROSANNA ANNEXATION NO. 1 TO THE CITY OF
GILROY" .
section IV: Be it further resolved that this resolution shall
ta]<;:e effect and be in full force from and after the date of the filing
of a certified copy of this resolution ~n the office of the Secretary
of state.
PASSED AND ADOPTED this 3rd day of May, 1965, by the following
vote:
l~OES :
COUNCIlMEMBERS :A 11 emand, Duffi n ,Goodr i ch ,Qua rt i ro 1 i ,
Wentworth and Petersen.
COUNCIIMEMBERS : None
AYES:
ABSENT:
COUNCIIMEMBERS : Ecka rd
AT'r..?{T :J
/Q);I.~1Z1U) ,? _/c-t~ _
City Clerk ,--
APPROVED:
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M,ayor
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I, SUSANNE E. PAYNE , City Clerk of the City of
Gilroy, do hereby certify that the attached Resolution No. 920
is an original resolution, duly adopted by the Council of the
City of Gilroy at a regular meeting of said Council held on the
3rd day of May , 19~, at which meeting
a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Gilroy, this 4th day
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