Resolution 818
RESOLUTION NO. 818
A RESOLUTION PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "EIGHTH WESTERN ADDITION 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
WHEREASq 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 Californial therein and
hereinafter more particularly described; and
WHEREAS I 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
Commissionl 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, timel
and place for a public hearing upon the proposed annexationl 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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therewithu 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
WHEREASu no petition seeking the annexation of said territory
was circulated 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 Government Code; and
WHEREAS, the said Council of the City of Gilroy did hereto-
fore and on the 8th day of Aprilu 1964, at a regularly adjourned
meeting of said Council, adopt Resolution No. 816 finding the
foregoing as facts and fixing Mondayu the 20th day of April,
1964, at the hour of 8:00 otclock, p.m., of said day in the
Council Chambers in the City Hall, No. 10 South Rosanna Street,
Gilroy, California, as the time and place for the hearing of
said petition and proposal to annex said territory, which
Resolution complied with the provisions of Sections 35305 and
35306 of the Government Code; and
WHEREAS, notice of the said hearing has been givenu as
required by Sections 35307 and 35310.1 of the said Government
Code by publication of a copy of said Resolution in the GILROY
EVENING DISPATCH, a newspaper published in the said City of
Gilroy, on the 10th day of April, 1964u as required by law, and
the previous order of the Council, and also by giving notice
of the time and place of the 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
WHEREASc the said Council of the City of Gilroy has now held
the said hearing and no objections or protests to said proposed
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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 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 liabilities of
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 t 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 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:
BEING a port ion of Lot 16 as shown on map entitled "Henry
Miller1s Subdivision of Las Animas Ranch Lot 23", which
map is recorded in Book "H" of Maps at page 5, Records of
Santa Clara County, Californiag and being more particularly
described as follows:
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"Beginning at the intersection of the line corrunon to
Lots 15 and 16 with the westerly line of Wren Avenue
(shown as Avenue "H" on said Map) and running thence
along the westerly line of Wren Avenue N. 10 00' E.
534.60 feet; thence parallel with the line corrunon to
Lots 15 and 16 N. 890 001 W. 693.00 feet to a point in
the line corrunon to Lots 16 and 21; thence along the
line corrunon to Lots 16 and 21 S. 10 001 W. 534.60 feet
to the corner corrunon to Lots 15, 16, 20 and 21; thence
along the line corrunon to Lots 15 and 16 S. 890 001 E.
693.00 feet to the point of beginningg and CONTAINING
THEREIN 8.505 acres of land."
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 liabilities of the City of Gilroy contracted
prior to or existing at the time of annexation of said desig-
nated 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
territory hereby annexed to the City of Gilroy shall be known
as, and is hereby desiJnated as, "EIGHTH WESTERN ADDITION 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 the 20th day of April, 1964, by the
following vote:
AYES:
COUNCILMEMBERS: Duff in, Ecka rd,Goodri ch,
Jordan,Quartirol i ,Wentworth, and Petersen.
CQUNCILMEMBERS:None
NOES:
ABSENT:
COUNCILMEMBERS:None
APPROVED:
()/ltJ t:~;t~u)
City Clerk
J
& ./tU
Mayor
ATTE~T:
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I ,
SUSANNE E. PAYNE
, City Clerk of the City of
Gilroy, do hereby certify that the attached Resolution No. 818
is an original resolution, duly adopted by the Council of the
City of Gilroy at a regular meeting of said Council held on the
20th
day of
Apri I
, 19~, at which meeting
a quorum was present.
IN WITNESS WHEREOF, have hereunto set my hand and
affixed the official seal of the City of Gilroy, this 21st day
Of6l~ G.
City Clerk of the City of