Resolution 945
~tiil!._"__t,<.fxilt-'--~"iOltw
~ T ._,,_""""-"#>....,..,.~, ,..,~~'.....~i."'-'-i;_"'~ '11;' '''..:il;r .l1 . .. III
RESOLUTION NO. ~
RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO
CITY OF GILROY OF UNINHABITED TERRITORY DESCRIBED
HEREIN AND DESIGNATED "SOUTHWEST ANNEXATION 65-1 TO
THE CITY OF GILROY" AND GIVING NOTICE OF TIME AND
PLACE FOR HEARING OF PROTESTS THERETO
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GILROY AND IT
DOES HEREBY FIND:
1. That pursuant to the provisions of the Annexation of Unin-
habited Territory Act of 1939, a petition signed by the owners of
all of the land in the hereinafter described territory, by area and
by assessed value as shown on the last equalized assessment roll
of the County of Santa Clara, was filed with the council of the
City of Gilroy on July 10,1965, requesting annexation of the
hereinafter described territory to said City.
2. That the territory which the petitioners request be annexed
to the City of Gilroy and which said City and its Council propose
to annex is contiguous to the westerly city limits of said City,
contained less than 12 registered voters at the time said petition
was filed, and still contains less than 12 registerea voters, and
is uninhabited territory as defined in the Annexation of Uninhabited
Terri tory 2\ct of 1939, is hereby designated "SOUTHWEST ANNRXATION
65-1 TO THE CITY OF GILROY", is located in the County of Santa Clara,
State of California, and is described as follows:
BEING a portion of Lots 4 and 5 and the Hecker Pass Highway
as shown upon that certain map entitled "Map of the Subdivi-
sion of the Lands of S. P. Fine in the solis Rancho, Santa
Clara county, California", which map was filed for record in
the office of the recorder of the County of Santa Clara,
State of California, on December 2, 1909 in Volume "F-2" of
Maps at page 46, and being more particularly described as
follows:
"BEGINNING at the southerly common corner to Lots 3 and
4 as shown on said Map and running thence along the line
common to said Lots N. 40 30. E. 2190.94 feet to the south-
westerly corner of that certain 5.00 acre parcel of Land
conveyed by Leonides Fine and E. R. Doyle by Deed recorded
May 12, 1914 in Volume 413 of Deeds at page 558, thence
along the southerly line of said 5.00 acre parcel N. 880
45' E. 219.98 feet to the southeasterly corner thereof;
( 1)
1J/~~
thence along the easterly line thereof N. 40 30' E. 991.58
feet to the northeasterly corner thereof in the southerly
line of the Hecker Pass Highway (formerly Bodfish Mill Road)
from which the northerly common corner to said Lots 3 and 4
bears S. 880 45' W. 219.98 feet; thence continuing on the
prolongation of the easterly line of said 5.00 acre parcel
N. 40 30' E. 66.34 feet to the northerly line of the Hecker
Pass Highway; thence along the northerly line of the Hecker
Pass Highway N. 880 45' E. 531.66 feet to the intersection
thereof with the prolongation of the westerly line of Lot 2
as shown on the Map of Tract No. 3500 "westwood Acres", which
map is filed for record in Book 162 of Maps at pages 31, 32,
and 33, Records of Santa Clara County, california; thence
along said prolongation and the westerly line of said Lot 2
S. 40 30' W. 597.16 feet to the southeasterly corner of the
lands of paul and Erminia Schick as retained by Agreement of
Sale with "South Valley Associates", which agreement is
recorded in Book 2445 at page 59, Official Records of Santa
Clara County; thence along the southerly line of said lands
retained by Schick, being also the northerly line of Tract
No. 3960 "Westwood Acres, Unit No.2", S. 880 45' W. 361.25
feet to the southwesterly corner of said lands of Schick in
the line common to Lots 4 and 5 as shown on the Map first
above referred to; thence along the line common to Lots 4
o
and 5 S. 4 30' W. 2858.94 feet to the southerly common
corner thereof as shown on said Map; thence along the southerly
line of Lot 4 N. 61055' W. 424.38 feet to the point of begin-
ning, and CONTAINING THEREIN 29.39 acres for annexation."
3. That said petition contains the written consent of all of
the petitioners to the annexation.
4. 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 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 ~gency Annexation Commission of Santa Clara county has fixed
the date, time and place for a publiC hearing upon the proposed
annexation, given the notice that is required by Section 64763 of
the Government Code, has held the said hearing in accordance there-
with, made its determination upon the proposed annexation, and has
approved said annexation as proposed.
5. That Monday, the 2nd day of August, 1965, at the hour of
(2)
".__._"....."~,.,.,._-''''''''''''''~..#:.i.''''''''.~..,..,;.;I__'''"'''''''"''~4.0_~..,,
8:00 o'clock, p.m., in the ~ouncil Chambers in the city Hall in
the ':.::ity of Gilroy, COU:i.1ty of santa Clara,:alifornia, is hereby
fixed as the tlme and place when and where any person owning real
property within the ~ity of Gilroy who does not also own real property
in the territory proposed to be annexed, and having objections to
the proposed annexation, may appear before the Council of the city
of Gilroy and show cause why such uninhabited territory snould not
be so annexed to the City of G~lroy. The protest must be in writing,
may be filed at any time before the hour set for hearing objections
to the proposed annexation, and shall state the name or names of
the owner or owners of property affected and the description and
area of such property, in general terms.
6. 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 once in the Gilroy Evening Dispatch, a newspaper of general
circulation published in said City of Gilroy, the city to which it
is proposed to annex the aforesaid territory, in the county of Santa
Clara, California, the county in which is located the territory
proposed to De annexed to the city of Gilroy, sald publication to
be complete at least four (4) days prior to the date set for hearing.
7. 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 law.
ADOPTED this 19th day of July, 1965, by the following vote:
NOES:
COUNCILM~MBERS Allemand, Eckard, Goodrich,
Quartiroli, Wentworth and Petersen.
COUNCILMEMBERS None.
AYES:
ABSENT:
COUNCILMEMBER~ DUffin., ~ ~ /~
APPROVED:~ ~
_~-=?' J ,"---,---z:::R~~r
Mayor
darT~isf1Y. 1965. (! J
Q/2t,)~t;;~lerf / 1'';
Signed and approved this ~
(3)
k
<-
I ,
SUSANNE E. PAYNE
, City Clerk of the City of
Gilroy, do hereby certify that the attached Resolution No. 945
is an original resolution, duly adopted by the Council of the
City of Gilroy at a regular meeting of said Council held on the
19th
day of
July
, 19~, at which meeting
a quorum was present.
,.city Clerk of