Resolution 959
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RESOLUTION NO. 959
A RESOLUTION PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES
OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN
UNINHABITED TERRITORY DESIGNATED AS "NORTHWEST ANNEXATION
65 - I TO THE CITY OF GILROY" AND FOR THE INCORPORATION OF
SUCH ANNEXED TERRITORY IN AND AS A PART OF SUCH MUNICIPALITY
FOR THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF.
WHEREAS, a written petition has heretofore been f led 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, inclusive, 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 parti-
cularly 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 I imits 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
thereafter 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
publ ic 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 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
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WHEREAS, no petition seeking the annexation of said territory was circu-
lated 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 Govern-
ment Code; and
WHEREAS, the said Council of the City of Gilroy did heretofore and on the
16th day of August, 1965, at a regularly adjourned meeting of said Council,
adopt Resolution No. 954 finding the foregoing as facts and fixing Tuesday, the
7th day of September, 1965, at the hour of 8:00 o'clock, P.M., of said day in the
Council Chambers in the City Hall, No. 10 South Rosanna Street, Gilroy, Cal ifornia,
as the time and place for the hearing of said petition and proposal to annex said
territory, which resolution compl ied with the provisions of Sections 35305 and
35306 of the Government Code; and
WHEREAS, notice of the said heraing has been given, as required by Sections
35307 and 35310.1 of the said Government Code by publ ication of a copy of said
Resolution in the GILROY EVENING DISPATCH, a newspaper published in the said City
of Gilroy, on the 20th day of August, 1965, as required by law, and the previous
order of the Council, and also by giving notice of the time and place of 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
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
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the petition hereinbefore mentioned for the annexation 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 I iabilities 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 Resolution to be true and correct;
NOW THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES HEREBY RESOLVE AS
FOLLOWS:
Section I: 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, there 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:
All that certain real property situate in the County of Santa Clara,
State of California, 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 & Co. IS Subdivision"
filed in Book "V" of Maps at Pages I 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 establ ished by Resolution
approving the 10th Western Addition on December 2t., 1964; thence
from said point of beginning, along the southerly line of said Lot
37, South 880 351 3~1 West, 471.20 feet to the westerly line of
Kern Avenue, 40 feet wide, as shown on said map, thence along said
westerly I ine, North 10 241 3011 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 50' West, 1512 feet,
more or less, to the centerline of Morey Avenue, 40 feet wide, and
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the southwest corner of said 27.06 acre parcel; thence along the' ,
westerly line of said parcel and the centerline of said Morey Ave-
nue, North 40 50' East, 793 feet, more or less, to a point 5.00
feet, measured along said centerl ine, 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" fi led
in Book "111 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 I ine of Lot A, North 890 501 West, 1,488.10
feet to the northeast corner of that certain parcel of land con-
veyed in the deed filed January 15, 1959 in Book 4449 of Official
Records at Page 603, Santa Clara County Records; 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 I, 1959 in Book 4467 of Official Records
at Page 611, Santa Clara County Records; thence along the east-
erly line of said parcel, South 10 281 East, 11.88 feet, South
10 551 45" East, 401.12 feet and South 10 391 East, 391.38 feet
to the southeast corner of said parcel; thence along the southerly
I ine of said parcel, South 840 191 West, 1,457.79 feet to the south-
west corner, thence along the westerly line of said parcel, North
10 101 West, 959.06 feet to the oorthwest corner of said parcel;
said northwest corner lying in the southerly line of the parcel
conveyed in Book 4449 of Official Records at Page 603, Santa Clara
County Records; thence along said southerly line, South 890 301
West, 142.56 feet to the southwest corner of said parcel; thence
along the westerly line, North 20 251 West, 462.00 feet, South
890 301 West, 825.00 feet, North 330 171 West, 544.50 feet and
North 520 30' 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
0, as shown on s aid map; thence along said westerly I ine of Lot 0,
North 00 271 West, 1,437.77 feet and North 00 431 West 1,220.34
feet to the Northwest corner of said Lot 0; thence along the
northerly I ine of said Lot, North 890 231 00" East, 4,475.46 feet,
South 40 001 East, 36.63 feet and North 890 531 East, 1,110.45
feet to the Northeast corner of said Lot and the centerline of said
Morey Avenue; thence along the easterly line of said lot and said r
centerline, South 40 501 East, 750.49 feet to the Southeast corner
of said Lot 0; thence along the 1 ine dividing said Lot 0 and Lot C,
North 890 501 West, 2,366.10 feet to the Northwest corner of said
Lot C; 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 North-
west corner of Lot B; thence along the line dividing said Lots B
and C, South 890 501 East, 2,366.10 feet to the Northeast corner
of said Lot B and the centerline of Morey Avenue; thence along
the easterly 1 ine 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 des-
cribed; thence along the northerly I ine 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 00 101 West, 90.66 feet to the Northwest corner of that
certain parcel of land conveyed in the deed from Robert C. Hayes,
et aI, to A. Andreucetti, and Edith Hess, recorded in Book 3274 of
Official Records at Page 536, Santa Clara County Recores; thence
along the northerly line of said Parcel, South 890 481 East, 480.70
feet to~e Northeast corner of said parcel 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 00 071 30"
West, 1,021.84 feet to the Southeast corner of said parcel and the
point of intersection of said center1 ine 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 COIS. Sub-
division"; thence along said northerly line, North 890 541 30"
East, 20.00 feet to the easterly I ine of said Kern Avenue
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thence along said easterly line, South 10 24' 30" East, 204.08 feet
to the northerly 1 ine 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 35' 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 3~ of the IIJas. A. Clayton Subdivisionll; thence along said
1 ine, South 4 26' 0011 East, 796.10 feet to the Southeast corner of
Lot 37 of said Subdivision and the Point of Beginning,
CONTAINING 410.75 acres, more or less.
Section I I: 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 tosaid City, to pay any and all bonded and other
indebtedness and any and all I iabilities 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
o~her property in said City which is taxable for such purposes.
Section I I I: It is also further resolved that the said territory hereby
annexed to the City of Gilroy shall be known as, and is hereby designated as
'INORTHWEST ANNEXATION 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 this 7th day of September, 1965, by the following vote:
AYES:
COUNCILMEMBERS: Duffin, Eckard, Goodrich, Quartiro1i, Wentworth
and Petersen
COUNCILMEMBERS: Allemand
COUNCILMEMBERS: None
NOES:
ABSEl'lT:
APPROVED:
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Mayor
ATTEST:
imlJdMAU) 8. cJ?~
f City C I e ~J.-.." _
By (i~~
C-verk
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SUSANNE E. PAYNE
, City Clerk of the City of
Gilroy, do hereby certify that the attached Resolution No. 959
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
September
, 19 65 , 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
of September , 19~.
f1L()AMA<1J R. A~
City r erk of the City of G i 1 roy
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By '\,~ Qf1~l'L J
'-/~ Clerk
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8th day