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Resolution 954 ~ RESOLUTION NO. 954 RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO CITY OF GILROY OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "NORTHWEST ANNEXATION 65-1 TO THE CITY OF GILROY" AND GIVING NOTICE OF TIME AND PLACE FOR HEARING O.F 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 August 16 , 1965, requesting annexation of the herein- after 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 northwesterly city limits of said City, contained less than 12 registered voters at the time said petition was filed, and still contains less than 12 registered voters, and is uninhabited territory as defined in the Annexation of Uninhabited Territory Act of 1939, is hereby designated "NORTHWEST ANNEXATION 65-1 TO THE CITY OF GILROY", is located in the County of Santa Clara, State of California, and is described as follows: BEGINNING at the southeast corner of Lot 37 as said Lot is shown on that certain map entitled "Map of Jas. A. Clayton & Cols Subdivision" filed in Book "V" of Maps at pages 1 and 2, Santa Clara County Records, said point of beginning lYing in the westerly line of the Corporate Limits of the City of Gilroy, as established by Resolution approving the 10th Western Addition on December 21, 1964; thence from said point of beginning, along the southerly line of said Lot 37, South 880 35 t 30" West, 471. 2> feet to the westerly line of Kern Avenue, 40 feet wide, as shown on said map; thence along said westerly line, North 10 241 30. West, 1,000.00 feet to the southerly line of Lot 35 as shown on said map; thence along said southerly line, West 481.30 feet to the Southwest corner of said Lot 35; thence along the westerly line of said Lot 35, North 00 10' East, 319 feet, more or less, to the southeast corner of that certain 27.06 acre parcel of land conveyed by Henry B. Davis, et ux, to Louis Paganini, et ux, by deed dated March 29, 1956 and recorded May 8, 1956 in Book 3488 of Official Records at Page 518, Santa Clara County Records; thence along said southerly line, North 890 501 West, 1512 feet, more or less, to the centerline of Morey Avenue; 40 feet wide, and the southwest corner of said 27.06 acre parcel; q 5Y (1) ~......'~.... .",.",_. '~'-;"'-<;';"<_;'~'"""",..,=""",,~lI<"""d'~"'~"""""'''',,",,,-~~'''''''''"''''-~''''''''''''''''"'''''''';~;''~'''''''''''''''''""__"""",;.,.-_~,i""""'"",,,,,,,,,,-~,",,,,,",,,~. thence along the westerly line of said parcel and the center- line of said Morey Avenue, North 40 501 East, 793 feet, more or less, to a point 5.00 feet measured along said centerline. South of the southeast corner of Lot A, as said Lot A is shown on that certain map entitled "Map of the Survey of the Estate of Perry Dowdy, deceased" filed in Book "1'1 of Maps at Page 143, Santa Clara County Records; thence parallel with the southerly line of said Lot A, North 890 501 West, 20.00 feet to the westerly line of Morey Avenue; thence along said line. North 40 50' East, 5.00 feet to said southerly line; thence along said southerly line of Lot A, North 890 50' West, 1 488.10 feet to the northeast corner of that certain parcel of land conveyed in the deed filed January 15, 1959 in Book 4449 of Official Records at Page 603, Santa Clara County Recordsi thence along the easterly line of said parcel: South 20 251 East, 998.58 feet to the northeast corner of that certain parcel of land conveyed in the deed recorded July 1, 1959, in Book 4467 of Official Records at Page 611 Santa Clara County Records; thence along the easterly line of said parcel, South 10 281 East, 11.88 feet, South 10 55' 45" East, 401.12 feet and South 10 39' East 391.38 feet to the southeast corner of said parceli thence along the southerly line of said parcel; South 840 191 West, 1,457.79 feet to the southwest corneri thence along the westerly line of said parcel, North 10 10' West, 959.06 feet to the northwest corner of said parceli said northwest corner lying in the southerly line of the parcel conveyed i n Book 4449 of Official Records at Page 603, Santa Clara County Records; thence along said southerly line, South 890 30. West, 142.56 feet to the southwest corner of said parceli thence along the westerly line, North 20 251 West, 462.00 feet, South 890 30' West, 825.00 feet, North 330 171 West. ' 544.50 feet and North 520 301 East, 132.00 feet to the southerly line of said map of the Estate of Perry Dowdy' thence along said southerly line North 890 501 West, 1,238.16 feet to the Southwest corner of Lot D, as shown on said mapf thence along said westerly line of Lot D, North 00 271 West, 1437.77 feet and North 00 431 West, 1 220.34 feet to the Northwest corner of said Lot D~ thence along the northerly line of said Lot, North 890 23' 00" East 4 475.46 feet, South 40 001 East 36.63 feet and North 890 53' East, 1,110.45 feet to the Northeast corner of said Lot and the centerline of said Morey Avenuei thence along the easterly line of said lot and said centerline, South 40 50' East 750.49 feet to the Southeast corner of said Lot D; thence along the line dividing said Lot D and Lot C, North 890 50' West, 2,366.10 feet to the Northwest corner of said Lot Ci thence along the westerly line of said Lot C, South 40 501 West, 959.77 feet to the Southwest corner of Lot C and the Northwest corner of Lot Bi thence along the line dividing said Lot Band C, South 890 50' East, 2366.10 feet to the Northeast corner of sac L6t B and the centerline of Morey Avenuei thence along the easterly line of Lot B and Lot A and said centerline, South 40 50' West, 959.77 feet to the Southeast corner of said Lot A and the Northwest corner of the 27.06 acre parcel previously described; thence along the northerly line of said 27.06 acre parcel, South 890 501 East 1,448.04 feet to the Northeast corner of said parcel; thence along the easterly line of said 27.06 acre parcel; South 00 10' West, 90.66 feet to the Northwest corner of that certain parcel of land conveyed in the deed from Robert C. Hayes, et al, to A. Andreucetti and Edith Hess, recorded in Book 3274 of Official Records at Page 536, Santa Clara County Records; thence along the northerly line of said Parcel, South 890 481 East, 480.70 feet to the Northeast corner of said parcel ( 2) . 'j;if"+ - ":~'4~""",,,,,,,,,,~,~,,,,,,,,~,,, '.."""_"___'~"'~"~",""_"",,,,,,,~,,,,,,,,,"~,,,'-'.~._""""""~ lying in the centerline of Kern Avenue, 40 feet wide; thence along the easterly line of said parcel and the centerline of Kern Avenue, South 00 07' 30" West, a,02l.84 feet to the Southeast corner of said parcel and the point of intersection of said centerline with the northerly line of that certain parcel of land conveyed by Trevis Berry, et ux, to Thomas B. Guthrie, et ux, recorded in Book 5522 of Official Records at Page 598, Santa Clara County Records; and the northerly line of Lot 38 of the previously described "Jas. A. Clayton Cots Subdivisionll; thence along said northerly line, North 890 54' 3011 East, 20.00 feet to the easterly line of said Kern Avenue; thence along said easterly line, South 10 241 30" East, 204.08 feet to the northerly line of that certain parcel of land conveyed in the deed from Lorene B. Moe to Jose Munoz, et ux, recorded in Book 5720 of : Official Records at Page 552, Santa Clara County Records; thence along said northerly line, North 880 351 3011 East 389.20 feet to the Northeast corner of said parcel, the Corporate Limits of the City of Gilroy as established by said 10th Western Addition, and the easterly line of Lot 38 of the "Jas. A. Clayton Subdivision"; thence along said line, South 40 26' 00" East, 796.10 feet to the S0utheast corner of Lot 37 of said Subdivision and the Point of Beginning, CONTAINING 410.75 acres. more or less. 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 Claraj and said Boundary Commission has reported upon the definiteness and certainty of the proposed boundaries and has approved the samej 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 annexation, given the notice that is required by Section 64763 of the Government Code, has held the said hearing in accordance therewith, made its deter- mination upon the proposed annexation and has approved said annexation as proposed. 5. That Tuesday, the 7th day of September, 1965, at the hour of 8:00 o'clock, pm, in the Council Chambers in the City Hall in the City of Gilroy, County of Santa C~a, California, is hereby fixed as the time and place when and where any person owning real ( 3) --.~,.~",,,,,,,,,,~~,,,,,~,,,.,~.........4~,,,,,,,...~..J'"~._,.,,,,.,,.~,,;,,,,,,~,,_ property within the City 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 should not be so annexed to the City of Gilroy. 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 be annexed to the City of Gilroy, said publication to be complete at least four (4) days prior to the date set for hearing. 7. The City Clerk is directed to cause writte n notice to be given to such other persons as may be legally ehtitled thereto, in the manner required by law. ADOPTED this 16th day of August, 1965, by the following vote: AYES: COUNCILMEMBERS Allemand, Duffin, Eckard, Quartiroli, Wentworth and Petersen. COUNCILMEMBERS None. NOES: ABUNT : COUNCILMEMBERS Goodrich. ~/2CZQ~ ~- Mayor Signed and approved this 17th day of A:gUst, 1965.:, ~ / / --.--/ d 2 tJ {L#~ Sc? " , "./ City Clerk ( 4) ... -4. ~ .... . .. I, SUSANNE E. PAYNE , City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. qS~ is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 16th day of August , 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 Gi lroy, this 17th day