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Resolution 936 """,_~""','~,,~:-t.ij"!ll"lIi' ,,,( - "" ,.'9':'-'-'_''''''-''';''___'''''_'''_'''~''_ RESOLUTION NO. 936 -.,--..,.- A RESOLUTION PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS"SOUTHEAST ADDITION 65-1 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, 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 q-j(o 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 aaid 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#928 finding the foregoing 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. lO South Rosanna Street, Gilroy, Californ~, as the time and place for the hearing of said petition and proposal to annex said territory, which Resolution complied with the provisions of Section 35305 and 35306 of the Government Code; and WHEREAS, notice of the said hearing has been given, as required by Sections 35307 and 353l0.l 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 (2) 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 purpose equaly 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: 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, fuere 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: (3 ) BEING a portion of Ranchlots 44 and 48 and Bane Lane 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 most westerly corner of Ranchlot 44 in the northeasterly line of Ranchlot 68 (southern Pacific Railroad) as shown on said Map and running thence along the northwesterly line of Ranchlot 44 and the southeasterly line of the original City of Gilroy N.70oE. 458.93 feet to a point in the easterly line of Alexander Street as deeded to the city of Gilroy; thence along the easterly line of Alexander street S.2lo3l'l5"E. 802.37 feet to a point in the northerly line of Bane Lane; thence along the northerly line of Bane Lane S.89045IE. 683.64 feet, more or less, to the northeasterly corner thereof as shown on said map; thence along the easterly line thereof S.Ool5IW. 29.70 feet to the southeasterly corner thereof in the northerly line of Ranchlot 47; thence along the south- erly line of Bane Lane and the northerly line of Ranchlot 47 N.89045IW. 52.80 feet to the corner common to Ranchlots 47 and 48; thence along the line common to Ranchlots 47 and 48 S.Oo15IW. l014.l3 feet to the southwesterly corner of Ranchlot 47; thence along the northerly boundary of the Fourth Southern Addition to the City of Gilroy as described in Resolution No. 896 of said City dated March 3, 1965 S.83008IW. 683.70 feet to the most westerly corner thereof in the northeasterly line of Ranchlot 68; thence northerly along the north- easterly line of Ranchlot 68 to the point of beginning, and CONTAINING THEREIN 30.8 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 City of Gilroy upon and after its annexation to ~id 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 (4) .,~,__,,",~"~~''''''--".,,-= ,,,",,,",','C""" --f-,__~"".......~"""~'''''"---'~-" is hereby designated as"SOUTHEAST ADDITION 65-1 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 the _7Jb- day of June, 1965, by the following vote: AYES: COUNCILMEMBERS :A II emand, Duffi n,Goodri ch, Quartiroli ,Wentworth, and Petersen. NOES: COUNCILMEMBERS :None ABSENT: COUNCILMEMBERS : Ecka rd APPROVED:/ // ;:J * ~. V,;u:._-A4< Mayor ATTEST: /~ / /,..../ l .k_ C) b-/:'d''l'l1'.0~' ' City Cler ) / / (5) I, SUSANNE E. PAYNE , City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 936 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of June . 19--2i, at which llleeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Gilroy, thts 8th day