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Resolution 939 RESOLUTION NO. 939_" RESOLUTION INITIATING PROCEEDINGS BY THE COUNCIL OF THE CITY OF GILROY TO ANNEX TO SAID CITY CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIG- NATED .".MONTEREY NORTHWEST ANNEXATION NO.2 TO THE CITY OF GILROY" 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 "Monterey Northwest Annexation No. 2 to the City of Gilroy" and described as follows: BEING a portion of Las Animas Ranchlots 23 and 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, to wit: PARCEL ONE: BEGINNING at a point in the centerline of Wren Avenue at the northwesterly corner of that certain parcel of land described in the deed to C. H. Earnest recorded in Volume 2102 at page 308, Official Records of Santa Clara County, and running thence along the northerly line of said land conveyed to E. H. Earnest and the southerly line of the Fifth Northern Addition to the City of Gilroy N. 890 361 50" E. l503.00 feet to the northeasterly corner thereof; thence along the easterly line thereof, being also the westerly line of land described in the deed to Valley Title Company recorded in Volume 4970 at ~age l35, Official Records of Santa Clara County, S. 1 271 50" E. 296.41 feet to the southerly common corner to said lands; thence along the southerly line of said land described in the deed to Valley Title Company N. 880 361 54" E. 638.22 feet to the northwesterly corner of the Second North- ern Addition to the City of Gilroy as described in Ordinance No. 536 of said City adopted NOvember 21, 1955; thence along the westerly line of said Second Northern Addition S. 10 251 56" E. 466.48 feet to the southwesterly corner thereof in the northerly line of Las Animas Ranchlot 24; thence along the northerly line of Ranchlot 24 S. 890 281 25" W. 1778.06 feet to the corner common to Ranchlots 24 and 23; thence along the northerly line of Ranchlot 23 S. 890 141 04" W. 373.25 feet to the centerline of Wren Avenue; thence along the centerline of Wren Avenue N. 00 401 W. 732.24 feet to the point of beginning, and CONTAINING THEREIN 32.459 acres. (1) q]1 PARCEL TWO: BEGINNING at the intersection of the northerly line of Las Animas Ranchlot 23 with the centerline of Wren Avenue and runnin~ thence along the northerly line of Ranchlot 23 S. 89 14' 04" w. 33.00 feet to the westerly line of Wren Avenue; thence along the westerly line of Wren Avenue S. 00 56' 15" W. 206.57 feet to the inter~ section thereof with the northerly line of the Eleventh Western Addition to the City of Gilroy; thence along said northerly line being also the southerly line of Parcel A as shown on Record of Survey Map filed for record in Book l85 of Maps at page 52; Records of Santa Clara Count~; thence along the southerly line of said Parcel A N. 89 00' W. 922.83 feet to the southwesterly corner thereof;/thence along the westerly line thereof N. 00 56' 30" E. 178.04 feet and N. 40 15' 05"w82.29 feet to the northwesterly corner thereof, being also the south- westerly corner of the Tenth Western Addition to the City of Gilroy; thence along the southerly line of said Tenth Western Addition and the northerly line of said Parcel A S. 890 00' E. 961.90 feet to the centerline of Wren Avenue; thence along the centerline of Wren Avenue S. 00 3l' 40" E. 52.98 feet to the point of beginning, and CONTAINING THEREIN 5.514 acres 2. That the Council of the City of Gilroy desires to annex 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 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 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 (2) Commission of the County of 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 date, time, and place for a public hearing upon the proposed annexa- tion, given the notice that is required by Section 64763 of the Government Code, has held the said hearing in accordance therewith, made its determination upon the proposed annexation, and has approved said annexation as proposed. 4. That ~onday, the 2nd day ofADgust, 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 should not be so annexed ID the City of Gilroy. Such protest must be in writing, may be 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 (3) :,;:,"~C~""'"'~'~",~;>>-",', .-".1 '--'V .".l-...~~-"t annexed to the City of Gilroy, said publication to be complete at least 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 address shown on said assessment roll or known to the Clerk, and to any person who has filed his name and address and the designa- tion of the lands in which he has an interest, either legal or equitable, 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, (4) . f.,,-."....... ,.. in the manner required by law. ADOPTED this 21st day of June, 1965, by the following vote: AYES: NOES: ABSENT: ATTEST: ,.--) .' ". 7 /.'V;~-.,.# ) , /-.'v/C4"~r,r~ City Clerk COUNCILMEMBERS: A II emand, Duff in, Eckard, Goodrich, Quartiroli, Wentworth and Petersen COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE APPROVED: ~.~ ... /'~-- . May'o::----<- JL t.__<LL-p'7 '1 (5 ) ..". " , ., 'Of" ('r1Jr . ..' ... . .l! . ..' ,... rr. i~ ~ '~--" . I , SUSANNE E. PAYNE , City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 939 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 21st day of June , 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 6th day