Resolution 859
RESOLUT ION NO. 18'59
A RESOLUTION PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GIL~aY BY THE ANNIDL~TION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "NINTH WESTERN ADDITION TO THE CITY OF GILROY"
AND FOR THE INCORPORATION OF SUCH ANNEXED TERRITORY
IN AND AS A PAR'r OF SUCH MUNICIPALITY FOR THE GOVERN-
MENT AND MtlliICIPAL eONTaOL THEREOF
WHEREASt 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 Te'-'t~i~:ocy
Act of 1939, as set forth within Section 35300 ,to 35326, inclu-
sive, of the Government Code, asking that there be annexed to
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the City of Gilroy as uninhabited territory certain land located
in the Connt! 'Y~ S?lnta Chlra, S'i:at.? of California, therein and
hereinafter more particularly descrlbed; 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
anne;{ed by a-c~3. and by assessed value as show;! 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 an;H:!X the said premises
has ~eretofore 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 submitt:l:] to t:J1~" 80undary COlTh'llission of the Coun.ty of Santa
Clara, and ;;aid Boundary Commiss ion 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 ~J;:1 id Local Agency Annexation Commiss ion
of Santa Clara Coun'ty, and said Commission did fix the date, time,
and place for a public hearing upon the proposed annexation, and
did give notice of said heari~J, ~s required by Section 54763 of
the Government Code, and has held the said hea:::-ing, in accordance
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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
WHEREASt no petition seeking the annexation of said territory
was circulated or filed nor did any officer or agency of the City
of Gilroy acc~pt any such petition for filing nor the Council
initiate any pro',-;eedings -to anne~ 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 concernhlg the propos..~d an12xation
until the said Commission rendered its decision, as provided for
in Section 54766 of the Government Code; and
WHEREASt the said Council of the City of Gilroy did hereto-
fore and on the 17th day of August, 1964, at a regularly adj ollL1ed
meeting of said Council, adopt Resolution No. 850 finding the
foregoing as facts and fixing Tuesday, the 8th day of September,
1964, 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, 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: a,1d
WHEREAS/ notice of the said hearing has been given, 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 sai.d Ci_ty of
Gilroy, on the 24th day of Angust, 1964, 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 giv.o:m, all in the manner
and within the 'cime req~lired by law; and
WHEREAS, the said Council of the City of Gilroy has now held
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the said hearing and no objections or protests to said proposed
annexation having been filed or made, and the said Council having
duly consider8d the natter of said annexation and finding all the
foregoing as facts, and deemi~g 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 o\mers of all of the territory proposed to be
anne-Ked signed the petition re reinbefore mentioned for the annexa-
tion 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 Cii:y of GLiJ'o"f.-
upon and after the annexation of sai.d territory to said Ci-ty, 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 Cit!
of Gilroy, said proper:ot] to ~)e ta;{ed 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
t-~e foregoing portion of this Resolution to be true and correct;
NOW 'rHEREFORE1 THE COUNCIL OF THE CITY OF GILROY DOES HEREBY
RESOLVE AS FOLLOWS:
Sect ion :1: Under the author ity of the sa id "Uninhabited
Territory Act of 1939", as set forth i~ Sections 35300 to 35326
of the GOV8"Clffient Code of the State of California, the same
being Chapter 297, Statutes of 1939, and ~uendments thereto,
there is hereby annexed to the City of Gilroy as uninhabited
territory the property and premises he:-:-eu1bef'nce nentioned,
which are more partjc'~larly described as follows, to wit:
BEING a portion of Las Animas Ranch Lot No. 16 as shown
on Map No. 7 accompanying the report of the Referees in
the Las Animas Rancho Partition Suit, Action No. 5536
had in the Superior Court of the State of California in
and for the County of Santa Clara, and being more parti-
cularly described as follows:
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"BEGINNING at the intersection of the northerly
line of the lands of Fenton otConnell as described
in the deed from Samuel Hamburger, Inc., recorded
April 10, 1958, in Volume 4048 of Official Records
at Page 683, Records of Santa Clara County, with
the westerly line of Miller Avenue and running thence
along said westerly line S. 00 521 W. 729.00 feeti
thence N. 890 08' W. 400.00 feeti thence N. 00 521 E.
729.00 feet to a point in the northerly line of lands
of Fenton otConnell; thence along said northerLy line,
S. 890 08' E. 400.00 feet to the point of beginningl
and
CONTAINING THEREIN 6.694 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 designated
territory to the City of Gilroy, said propertj to be taxed for
said purposes equally wi-th other property in said City which
is taxable for such purposes.
Section III: It is also further resolved that the said
territory hereb annexed to the City of Gilroy shall be kno~l
as, and is hereby des ignab~j as "NINTH WESTERN ADDITION TO THE
CI'l'Y 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 thi:3 resolution in the office
of the Sc~cr.etac'l D1" S-l::ate.
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PASSED AND ADOPTED this ;Sth
day of September, 1964, by the
following vote:
AYES:
COUNCILMEMBERS: Duff in, Goodr i ch, Jordan,
QuartiroJi,Wentworth & Petersen.
COUNCILMEMBERS: None
NOES:
ABSENT:
COUNCILMEMBERS: Eckard
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ATTEST: ..~ >' I~
'.\JJJ.U L[Ll~ .__
City Clerk
.n.FPROVED:
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Mayor
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SUSANNE E. PAYNE
, City Clerk of the City of
Gilroy, do hereby certify that the attached Resolution No. 859
is an original resolution, duly adopted by the Council of the
City of Gilroy at a regular meeting of said Council held on the
8th
day of September
r' 1964. 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 9th day
of
, 19_.
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