Resolution 934
._--~._--~._--I--. .
RESOLUTION NO. 934
A RESOLUTION PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "MONTEREY NORTHWeST 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 GOVERNMENT 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
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 ~ounty 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 thereafter 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 therewith, made its decision upon
( 1)
9,~9/
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 ini-
tiate 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 17th day of May, 1965, at a regularly adjourned
meeting of said Council, adopt Resolution No. 927 finding the fore-
going as facts and fixing Monday, the 7th day of June, 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 pro-
visions of sections 35305 and 35306 of the Government Code; and
WHEREAS, notice of the said hearing has been given, as re-
quired by Sections 35307 and 3$310.0 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
24th day of May, 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
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
(2)
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 qf 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 af annexaing said territory to the City
of Gilroy, said property to be taxed for said purpose euqally 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:
sectionl: 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 hereb
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 25 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 intersection of the southerly line of
that certain 40 acre tract of land as described in the
agreement between Miller and Lux Inc., and M. V. Bettan-
court recorded in Book 221 at page 201, Official Records
(3)
of Santa Clara county and running thence along said southerly
line as shown on Record of survey Map filed in Book 129 of
Maps at page 23, being also the souhherly line of the "Fifth
Northern Addition to the city of Gilroy", S. 880 36' 50" w.
1339.27 feet to the northeasterly corner of that certain
parcel of land conveyed to c. H. Earnest by deed recorded in
Volume 2102 at page 308, Official Records of santa Clara
County; thence along the easterly line thereof S. 10 27' 50"
E. 296.41 feet to the southeasterly corner thereof; thence
along the sou~herly line described in deed to the Valley
Title Company recorded in Volume 4970 at page 135, Official
Records of santa Clara county, N. 880 36' 54" E. 1452.30
feet to the southeasterly corner thereof in the southwesterly
line of the Monterey Road (state Highway); thence along the
southwesterly line of M~nterey Road N. 220 19' 30" W. 317.40
feet to the point of beginning, and CONTAINING THEREIN
9.498 acres."
section II: Said 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 c~ty
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 blat the said .terri-
tory hereby annexed to the City of Gilroy shall be known as, and
is hereby designated as "MONTEREY NORTHWEST ANNEXATION NO. 1 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 this ~ day of June, 1965, by the follow-
ing vote:
AYES:
COUNCIIME:MBERS :A 11 emand,Goodr i ch,Quart i ro I i ,Wentworth,
and Petersen.
NOES:
COUNCILMEMBERS :None
ABSENT:
EXCUSED:
COUNCIIMEMBERS : Eckard
COUNCIL MEMBERS: Duffin
A~O?\ ./ _
,,,.-;T '-""-) .~ l'~<-.t2-L.,~--.~
Mayor
J
(4)
'I t. ~
t ,
SUSANNE E. PAYNE
, City Clerk of the City of
Gilroy, do hereby certify that the attached Resolution No. 934
Is an original resolution, duly adopted by the Council of the
Ci ty of Git roy at a regular ,meeting of sai d Council held on the
7th
day of
June
. 19~, at wAlch lleeting
a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Gilroy. this 8th day
of
June
..~~ 65 .
J ' ......--