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Resolution 767 RE SOLUTION NO. 767 RESOLUTION CANVASSING VOTES OF SPECIAL ELECTION HELD IN TERRITORY DESIGNATED AS " THE FIFTH NORTHERN ADDITION TO THE CITY OF GILROY" UPON THE PROPOSITION OF ANNEXING SAID TERRITORY TO THE CITY OF GILROY AND DECLARING RESULTS OF THE ELECTION. WHEREAS, proceedings have been heretofore instituted before the Council of the City of Gilroy for the annexation of certain territory designated in said proceedings as "The Fifth Northern Addition to the City of Gilroy" in accordance with the Annexation Act of 1913 as set forth in the Government Code, which said Terri- tory is located in the County of Santa Clara contiguous to the City of Gilroy, and is more particularly described as follows: BEING a portion of Ranchlots 25 and 32 of the Las Animas Rancho as shown on Map No. 7 accompanying the Final Report of the Ref- erees 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 also a portion of the "North Gilroy Tract" as shown on the map thereof recorded in Book "w" of Maps at pages 14 and IS, Records of Santa Clara County, and being more particularly described as follows: "BEGINNING at the southwesterly corner of that certain parcel of land conveyed to tne Valley Title Company, a corporation, by deed recorded November 2, 1960 in Volume 4970 at page 135 of the Official Records of Santa Clara County, California, and running thence northerly along the westerly line of said land of the Valley Title Company 296.38 feet, more or less to the northwesterly corner thereof in the southerly line of that certain 29.915 acre parcel of land conveyed to the Debell Corporation, et aI, by deed recorded March 25, 1960 in Volume 4740 at page 745 of the Official Records of Santa Clara County, distant thereon S. 880 36' 50" W. 229.89 feet, more or less, from the southeasterly corner thereof as shown on Map recorded in Book 129 of Maps at page 23, Records of Santa Clara County, thence along the southerly line of said lands of the Debell Corporation, et aI, S. 880 36' 50" W. 810.11 feet to a point in the center of a drainage channel; thence along the center of said drainage channel N. 100 17' 40" E. 767.85 feet to a point in the northerly line of said lands of the Debell Corporation, et aI, distant thereon S. 880 35' W. 894.00 feet from the northeasterly corner thereof; said northerly line being also the southerly line of the "North Gilroy Tract" as shown on map thereof recorded in Book "w" of Maps at pages 14 and IS, Records of Santa Clara County; thence along the southerly line of the "North Gilroy Tract" N. 880 35' E. 15.31 feet to the southerly common corner to Lots 3 and 4 in Block 4 as shown on said Map; thence along the line common to Lots 3 and 4 in Block 4 and Lots 3 and 4 in Block 5 as shown on said Map N. 10 25' W. 285.7 feet to (1) f767 the northerly common corner to Lots 3 and 4 in Block 5; thence along the northerly line of Lots 2 and 3 in Block 5 N. 880 35' E. 417.30 feet to the common corner to Lots 1, 2, 5, and 6 in said Block 5; thence along the line common to Lots 5 and 6 in Block 5 and Lots 1 an::l 2 in Block 6 N. 10 25' W. 394.5 feet to the northerly common corner to Lots 1 and 2 in Block 6 in the southerly line of Lot 5; thence N. 120 35' 30" W. 88.54 feet to the southwesterly corner of the lands conveyed by Annetta Scolari and Louis Scolari, her husband, to Dewey E. Hewell and Hazel A. Hewell, his wif~, by deed recorded June 5, 1950 in Volume 1990 at page 315 Official Records of Santa Clara County, California; thence along the southwesterly line of said land conveyed to Hewell N. 220 20' W. 66.00 feet to the northwesterly corner thereof; thence along the northerly line and the projection thereof N. 880 35' E. 162.82 feet to the intersection thereof with the northeasterly line of Carlyle Avenue as shown on the Map of the "North Gilroy Tract"; thence along the northeasterly line of Carlyle Avenue S. 220 20' E. 200.54 feet to a point from which the intersection of the northeasterly line of Carlyle Avenue with the northerly line of Liman Avenue bears S. 220 20' E. 160.58 feet; thence N. 880 35' E. along a line that is parallel with and 150 feet north- erly from the northerly line of Liman Avenue (at right angles) and running across Monterey Highway, State Highway IV=SCI-2, and the lands of the Southern Pacific Railroad Company to an intersection of said line with the north- easterly line of said Railroad Company lands; thence southeasterly along the northeasterly line of the lands of the Southern Pacific Railroad Company to the northwesterly corner of the "First Northern Addition to the City of Gilroy" as described in Ordinance No. 505 of the City of Gilroy, adopted November 18, 1952; thence continuing along the northeasterly line of the Southern Pacific Railroad and the southwesterly line of said "First Northern Addition to the City of Gilroy" southeasterly to the northeasterly corner of the "Second Northern Addition to the City of Gilroy" thence westerly along the northerly line of said "Second Northern Addition to the City of Gilroy" to the north- westerly corner thereof in the southerly line of the lands of the Valley Title Co., first above referred to; thence continuing westerly along said southerly line to the point of beginning, and \ ~ CONTAINING approximately 71.5 acres." WHEREAS, after due and legal proceedings had and legal notice given, a special election was held on the 4th day of June, 1963, in the said territory, at which election there was submitted to the voters therein the following proposition: Shall the Fifth Northern Addition to the City of Gilroy be Annexed to the City of Gilroy, and the property in such territory be, after such annexation, subject to taxation equally with the property within the City of Gilroy, to pay the entire bonded indebtedness of the City of Gilroy outstanding or authorized at the date of the first publication of the notice of election, for the acquisition, construction or (2) or completion of municipal improvements; and, WHEREAS, the returns of said election have been duly filed with the City Clerk of the City of Gilroy, as required by said Annexation Act of 1913, and the Council of said City has this 17th day of June, 1963, duly canvassed the said returns of said election in accordance with said Act; NOW, THEREFORE, the said Council of the City of Gilroy does hereby resolve and declare as follows: 1. That said election was duly called, noticed and held in accordance with law. 2. That the proposition submitted to the electors in said territory hereinbefore described was: Shall the Fifth Northern Addition be annexed to the City of Gilroy, and the property in such territory be, after such annexation, subject to taxation equally with the property within the City of Gilroy, to pay the entire bonded indebtedness of the City of Gilroy outstanding or authorized at the date of the first publication of the notice of election, for the acquisition, construction or completiion of municipal improvements; 3. That the total number of votes cast in said election were 39; that the number of votes cast in favor of said pro- position and for the annexation of said territory to the City of Gilroy was 16 and the number of votes cast in said election against said proposition and against the annexation of said territory was 22; 1 not voting. 4. That a majority of all the votes cast in said election was against said proposition and against the annexation of said territory to said City and the Council of the City of Gilroy so declares. 5. That this resolution be written into and constitute a part of the record and minutes of this meeting of the Council. (3) PASSED AND ADOPTED this 17th day of June, 1963, by the following vote: NOES: COUNCILMEMBERS: Eckard,Jordan ,Quart i rol i ,Wentworth, and Petersen. COUNCILMEMBERS;None AYES: ABSENI' : COUNCILMEMBERS: Duff i nand Goodri ch APPROVED: Mayor ATTEST: / /; (~>i .,.""." j , _...../ I p .I r ,I ~ "-'-// "/ J '. ,//-.1 //4'." // (~~1/~~rkv..,// v.f VLX-/ I I \j 7tl?'7 (4) I , SUSANNE E. PAYNE , City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 767 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 17th day of June , 19~, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and af- fixed the official seal of the City of Gilroy, this 18th day of / June . 19 63;) /oLJ11PoU ~. Y:~~.u Ci~y Clerk of the City of Gilroy , /