Resolution 951
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RESOLUTION NO. ...-2..21
A RESOLUTION PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS " SOUTHWEST ANNEXATION 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
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therewith, made its decls~on upon the proposed annexation, and
has approved said annexatlon a~ proposed: and has given notice
to the c~ty of G~lroy of its said decislon; and
vrrlEREAS, no petit~on seeking the annexation of said territory
was circulated or filed nor dld any off~cer or agency of the c~ty
of Gilroy acdept any such petitlon for fillng 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
trIe 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 :ode: and
WHEREAS, L e said Council of the .~i ty of Gilroy did hereto-
fore and on the 19th day of July, 1965, at a regularly adjourned
meeting of said Council, adopt Resolution NO. 945 finding the fore-
going as facts and fixing Monday, the 2nd day of August, 1965, at
the hour of 8:00 o'clock, p.m., of said day in the Council ChamLers
in the 2ity Hall, NO. 10 south Rosanna street, Gilroy, California,
as the time and place for the hearing of said petition and prop03al
to annex said territory, which resolution complied with the pro-
visions of 3ections 35305 and 35306 of the Government Code: and
WI-IEREAS, notice of the said hearing has been given, as required
LY Sections 35G07 and 35310.1 of the said Government Code Ly
pul::::lica"tion of a .:::opy of said Resolution in the GILROY EVENING
DISPNr:H, a newspaper published in the said City of Gilroy, on
the 22nd day of July, 1965, as required by law, and the previous
order of the Council, and also DY giving notice of the time and
place of the hearing to all persons and bodies to whom the law
requires such notices to ~e given, all in the manner and within
the time required by law: and
WHEREAS, the said Council of the c~ty 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 20uncil having
duly considered the matter of said annexation and finding all the
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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
vffiEREAS, 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 ~ity of Gilroy, and said petition
contains the written consent of said signers, pursuant to Soction
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 to 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
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 statements contained
in the foregoing portion of this R:solution to be true and
correc-t;
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 193::3, and Amendments t~jereto,
there is I1ereby 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 Lots 4 and 5 and the Hecker Pa~s 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:
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"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 Lc,-ts N. 40 30' E. 2190.94 feet to the southwesterly
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 556, thence along the southerly
line of said 5.00 acre parcel N. d80 45' E. 219.98 feet to
the southeasterly corner thereofr 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 High-
way (formerly Bodfish Mill Road) from which the northerly
common corner to said Lots 3 and 4 bears S. 880 45' W. 219.98
feetr thence continuing on the prolongation of the easterly
line of said ~.OO acre parcel N. 40 30' E. 66.34 feet to the
northerly line of the Hecker Pass Highwayr thense along the
northerly line of the Hecker Pass Highway N. 88 45' E. 531.66
feet to the intersection thereof with the prolongation of
the westerly line of Lot 2 as shown on t.le 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, Californiar 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 Asso-
ciates", which agreement is recorded in Book 2445 at page 59,
Official Records of Santa Clara Countyr thence along tne
sou therly 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 sa~d lands of Schick in the line common to Lots 4 and 5
as shown on the Map first above referred tor thence along the
line common to Lots 4 and 5.S. 40 30' W. 2858.94 feet to the
southerly common corner thereof as shown on said Mapr thence
along the southerly line of Lot 4 N. 610 55' w. 424.38 feet
to the point of beginning, and CONTAINING THEREIN 29.39
acres for annexation."
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 lia-
bilities 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 hereby designated as 'SOUTHWEST ANNEXATION65-l 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
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of a certified copy of this resolution in the office of the
Secretary of state.
PASSED AND ADOPTED the 2nd day of August, 1965, by the following
vote:
AYES:
COUNCILMEMBERS Allemand, Duffin, Eckard,
Goodrich, Quartiroli, Wentworth and Petersen.
NOES:
COUNCILMEMBERS None.
ABSENT:
COUNCILMEMBERS None.
APPROVED: ,
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City Clerk
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