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Resolution 878 RESOI,UTION NO. 878 RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO CITY OF GILROY OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "TENTH WESTERN ADDITION TO THE CITY OF GILROY" AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF 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 Uninhabited 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 December<~7th, 1964, requesting annexation of the hereinafter 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 westerly 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 "TENTH WESTERN ADDITION TO THE CITY OF GILROY", is located in the County of Santa Clara, state of California, and is described as follows: PORTION of Las Animas Ranchlots 25 and 26 as shown on Map No. 7 accompanying the Reports of the Referees had in the Superior Court of the State of California, Case No. 5536 in and for the County of Santa Clara, and more particularly described as follows: BEGINNING at a point in the center line of Wren Avenue, said point also being the Easterly line of that certain 5.267 acre tract of land described as Parcel Three in the Deed from Irma DiBenedetto to Donald Manzo, a single man, dated May 23, 1956, recorded June 4, 1956 in Book 3512 Official Records, page 582, Santa Clara County Records, distant thereon North 00 56' 15" West 467.03 feet and North 00 31' 40" East 52.98 feet from the Southeasterly corner of Lot 17, as said Lot is shown upon that certain Map enti tIed, "Map of Henry ~1iller I s Subdivision of laS Animas Ranch Lot No. 23", which Map was filed for ( 1) ~2 7 t:? record in the office of the Recorder of the county of Santa Clara, state of California, on september 4, 1893 in Book H of Maps, at page 5~ thence from said point of beginning North 890 00' West and parallel with the Southerly line of said Lot 17 for a distance of 961.90 feet to a point in the Westerly line of that certain 28.54 acre tract of land described as Parcel TWO in the Deed to said Manzo above referred to~ thence North 40 IS' 05" West along the westerly line of said 28.54 acre tract for a distance of 1389.51 feet to a 4 x 4 inch white post marked M6W3 set at the Northwesterly corner thereof~ thence North 880 20' East along the Northerly line of said 28.54 acre tract and said 5.267 acre tract for a distance of 1053.38 feet to the North- easterly corner of said 5.267 acre tract in the said center line of Wren Avenue~ thence south 00 311 40" East along said center line of Wren Avenue for a distance of 1428.02 feet to the point of beginning. CONTAINING THEREIN 32.604 plus acres, gross. 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 Clara~ and said Boundary Commission has reported upon the definite- ness and certainty of the proposed boundaries and has approved the same~ 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 determination upon the proposed annexation, and has approved said annexation as proposed. 5. That Monday, the 21st day of December, 1964, at the hour of 8:00 o'clock, p.m., in the Council Chambers in the City Hall in the City of Gilroy, County of Santa Clara, California, is hereby fixed as the time and place when and where any person (2) owning real 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 unin- habited 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 written notice to be given to such other persons as may be legally entitled thereto, in the manner required by law. ADOPTED this --I!.!2 day ofIJecemberr.r, 1964, by the following vote: AYES: COUNCIIMEMBERS : Goodr i ch, Jordan ,Qua rt i ro 1 i , Wentworth, and Petersen. NOES: COnNCILMEMBERS :None COUNCIIMEMBERS : Duff in and E2 ~~,~~ Mayor Signed and approved this _7th day of Noverriher, 1964 ') C'- c: ~ ~> /2) ?4/d'~~U,j ?:;y - /' ~/j,/}L< .// Ci ty Clerk /j v' ABSENT: ,/ ( 3) I , SUSANNE E. PAVNE , City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 878 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 December , 19 64, 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 8th day of 0L~er ~ ~:;::zxJ City Clerk of the City of Gi/r y