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Resolution 638 RESOLUTION NO. 638 RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO CITY OF GILROY OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "SECOND SOUTHERN ADDITION (9-61) 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: 1. That, pursuant to the provisions of the Annexation of Uninhabited Territory A~t 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 september 1~,1961, 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 Southerly city limits of said city, contained less than 12 registered voters at the time said petition was filed, is hereby designated "SECOND SOUTHERN ADDITION TO THE CITY OF GILROY", is located in the county of Santa Clara, state of California and is described as follows: All that portion of the premises described in Exhibit "A" attached hereto and made a part of this resolution except that portion thereof that is not already within the citylimits of the City of Gilroy, the excluded part being described as follows: COMMENCING at the point of intersection of the Westerly line of southern Pacific Railroad Company right-af-way at the southerly city limits of the City of Gilroy and running thence North 200 West 1.92 feet: thence South 700 O' West 164.31 feet; thence 30uth 210 25' East 1.90 feet to the southerly City Limits of the City of Gilroy: thence along the said Southerly limits of the City of Gilroy in a Northeasterly direction to the point of beginning. 3. That at the timeof filing said petition said territory proposed to be annexed contained and still contains less than twelve (12) registered voters and it is uninhabited territory as defined in the Annexation of Uninhabited Territory Act of 1939. 4. That said petition contains the written consent of all the petitioners to the annexation. -1- (cOb 5. The proponents of said annexation have heretofore submitted to the County Boundary Commission of Santa Clara County, California, the proposal to annex the aforesaid territory to the City of Gilroy, together with a description of the said territory and a request that said commission pass upon and approve the certainty and definiteness of said description. 6. That Monday, the 6th of November, 1961, at the hour of 8:00 0'c1ock P.M., in the Council Chambers in the City Hallin the City of Gilroy, County of Santa Clara, California, is hereby fixed as the time and place when and where any person owning real property within the uninhabited territory above described and proposed to be annexed to the City of Gilroy, and having objections to the proposed annexation, may ~ppear before the Council of the City of Gilroy and show cause why such uninhabi- ted 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. 7. 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 twice, but not oftener than once a week, 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 afore- said territory, and also in the Morgan Hill Times, a newspaper of general circulation published outside the City of Gilroy, but 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 publ ication to be complete at least twenty (20) days prior to the date set for hearing. 8. The said City Clerk is further authorized and directed to cause wri~ ten notice of such proposed annexation to be mailed to each person to whom land within the territory proposed to be annexed was assessed in the last equalized county assessment roll available on the date the above said proceedings were initiated, at the addressed shown on said assessment roll or known to said Clerk and to any person who has filed his name and address and the designation of the lands in which he has an interest, either legal or equitable, with said Clerk, such notice to be given not less than twenty (20) days before the first public hearing on the proposed annexation. -2- 9. In the event any land within the territory proposed to be annexed is owned by a county, the City Clerk is directed to cause written notice of such proposed annexation to be mailed to the Board of Supervisors of such county, such notice to be given not less than twenty (20) days before the first public hearing on the proposed annexation. 10. 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 THlS 19th DAY OF SEPTEMBER, 1961, by the following vote: AYES: COUNCIL MEMBERS: Duffin,Goodrich,Jordan,Petersen,Quartiro1i, Wentworth, and Sanchez. NOES: ABSENT: COUNCIL MEMBERS: None COUNCIL MEMBERS: None oj~W~nnL' 07?~ SUSANNE E. PAYNE (j City Clerk Signed and approved this 19th day of September, 1961. ~~ S",-""eJ . /' S G SANCHEZ'rvy Mayor 'of the City of Gilroy Publish Gilroy Evening Dispatch - Sept. 22nd & 29th Morgan Hill Times - Sept. 21st & 28th -3- policy Number 75688 EXHIBIT "]i..." SCHEDULE C The land referred to in this policy is described as: All those certain parcels of land situate partly within and partly without the City of Gilroy, County of Santa Clara, state of California, described as follows: PARCEL NO.1: Beginning at the point of intersection of the North- westerly line of Ranch Lot 44 as shown on Map No. 7 accompanying the Report of the Referees in the Partition action of Henry Miller, et aI, vs. Massey Thomas, et aI, in the superior Court of the state of California, in and for the County of Santa Clara, Case No. 5536, with the Northeasterly line of the state Highway known as Monterey Road, as said Northeasterly line was established by the Deed from Wareco Ltd., a corporation, to state of California, dated June 22, 1949 and recorded July 28, 1949 in Book 1824 of Official Records, page 419, Santa Clara, County Records; thence along said Northeasterly line of said Monterey Road, S. 190 58' 23" E. 510.11 feet to the Northwesterly terminus of a curve having a radius of 25 feet and described in said Deed to the state of California above referred to; thence leaving said Northeasterly line of said Monterey Road and running along a line radially to said curve, S. 700 011 37" w. to the Northeasterly line of said Monterey Road as established 66 feet wide, by the Deed from Miller & Lux Incorporated to County of Santa Clara, dated May 23, 1914 and recorded July 27, 1914 in Book 419 of Deeds, page 261, Santa Clara County Records; thence along said Northeasterly line of Monterey Road as established by said Deed to County of Santa Clara S. 200 11' E. 19.40 feet to the intersection thereof with the Northerly line of Bane Lane as shown on said Map No. 7 hereinabove referred to: thence continuing along said Northeasterly line of said Monterey Road as established by said Deed to County of Santa Clara, s. 200 11' E crossing said Bane Lane to the Southerly line thereof; thence continuing abng said Northeasterly line of Monterey Road as established by said Deed to county of Santa Clara, s. 200 11' E. 452 feet to the intersection theref with the North- westerly line of that certian parcel of land conveyed by Harry C. Scholten, et ux, to Bandy Oil & Supply Company, InC., a corporation, by Deed dated October 30, 1936 and recorded November 6, 1936 in Book 788 of Official Records, page 564, Santa Clara County Records; thence leaving Monterey Road and running along the Northwesterly line of said parcel of land conveyed to Bandy Oil & supply Company, Inc., a corporation, N. 690 491 E. 173 feet, more or less, to the lands now owned by southern Pacific Company, a corporation, successor to southern paciric Railroad Company, said lands being designated as Ranch Lot 68 on said Map No. 7 hereinabove referred to; thence along the Southwesterly line of said Ranch Lot 68 Northwesterly along the arc of a curve to the right having a radius of 17,239 feet, 390.6 feet more or less, to the southerly line of said Bane Lane above referred to; thence continuing Northwesterly along the southwesterly line of said Ranch Lot 68 following said curve page Four EXHIBIT "A" policy Number 75688 to the Northerly line of said Bane Lane; thence continuing North- westerly along said southwesterly line of said Ranch Lot 68 along the arc of said curve to the right having a radius of 17.239 feet, 119.35 feet to the Northerly terminus of said cune as shown on said Map No. 7 above referred to; thence continuing along the southwesterly line of said Ranch Lot 68, N. 200 00' w. 471.14 feet to the intersection of said southwesterly line with the Northwesterly line of said Ranch I~t 44 above referred to, said intersection also being ~ the Easterly corner of Sub-Lot 21A as shown on Maps accompanying the Report of the Referees in said Partition Action; thence continuing along the Southwesterly line of lands of southern pacific company and along the Northeasterly line of said sub-Lot 21A, N. 200 00' w. 1.92 feet; thence leaving said lands of the southern Pacific Company and running parallel with the line between said Ranch Lot 44 and said Sub-Lot 21A, s. 700 00' W. 164.31 feet, more or less, to the Northeasterly line of Monterey Street and southwesterly line of said Sub-Lot 2lA; thence along said Northeasterly line of Monterey Street, S. 210 25' E. 1.92 feet, more or less, to the line between said Ranch Lot 44 and said Sub-Lot 21A: thence along the line between Ranch Lot 44 and said Sub-Lot 21A, N. 700 00' E. 3.97 feet to the point of beginning, being a portion of Sub-Lot 21A, as shown on the Maps accompanying the Final Report of the Referees and portions of R0nch Lots 44 and 48, including a portion of Bane Lane, as shown on Map, No. 7 accompanying the Final Report of the Referees, in the Partibn ..Z\ction of Henry Miller, et aI, vs. Massey Thomas, et aI, had in the Superior court of the state of California, in and for the county of Santa Clars, Case No. 5536. Description compiled from the records. Excepting therefrom that portion thereof described as follows: Beginning at a point on the Easterly line of Monterey Road as established by the Deed from Miller & Lux Incorporated to County of Santa Clara, dated May 23, 1914 and recorded July 27, 1914 in Book 419 of Deeds, page 26l, Santa Clara county Records, distant thereon S. 200 II' E. 36.06 feet from the point of intersection of said Easterly line of Monterey Road with the southerly line nf Bane Lane as shown on the Map hereinafter referred to, said point of beginning also being the most Southerly corner of that certain 0.007 of an acre parcel of land described in the Deed from Harry C. Scholten and Libbie Scholten, his wife, to state of California, dated April 25, 1949 and recorded June 2, 1949 in Book 1796 of Official Records, page 357, Santa Clara County Records; thence from said point of beginning Northerly along the arc of a curve to the right having a radius of 25 feet, from a tangent bearing N. 200 11' W., through an angle of 1100 32' 17", an arc distance of 48.23 feet to a point on the southerly line of said Bane Lane; thence running at right angles with the southerly line of said Bane Lane, N. 00 21' 17" E. 15.00 feet to the center line of Bane Lane: thence along the center line of said Bane IJane, N. 890 38' 43" w. 29.90 feet; thence at right angles N. 00 21' 17" E. 15.00 feet to a point in the Northerly line of said Bane Lane at the most Easterly corner of that certain 0.061 of an acre parcel of land described in the Deed from Wareco Ltd. page Five EXHIBIT "At! Policy Number 75688 a corporation, to state of California, dated June 22, 1949 and recorded July 28, 1949 in Book 1824 of Official Records, page 419, santa Clara County Records; thence leaving said Northerly line of Bane Lane, Northwesterly along the arc of a curve to the right having a radius of 25 feet from a tangent bearing N. 890 38 I 43" ~'V., through an angle of 690 40' 20", an arc distance of 30.40 feet: thence radially S. 700 01' 37" vI. to said Easterly line of Monterye Road as established by said Deed to County of SAnta Clara above referred to; thence along said Easterly line of the Monterey Road, S. 200 11' E. to the point of beginning, and being a portion of Bane Lane and portions of Ranch Lots 44 and 48 of the Las Animas Rancho as shown and so designated on Map No. 7 accompanying the Report of the Referees in the action of Henry Miller, et aI, vs Massey Thomas, et aI, in the Superior Court of the State of California, in and for the County of Santa Clara, Case No. 5536. PARCEL NO.2: Beginning at a point on the Easterly line of Monterey Road as established by the Deed from Miller & Lux INcorporated to County of Santa Clara, dated May 23, 1914 and recorded July 27, 1914 in Book 419 of Deedq at page 261, Santa Clara county Records, distant thereon S. 200 11' E. 36.06 feet from the point of intersection of said Easterly line of Monterey Road with the Southerly line of Bane Lane as shown on the Map hereinafter referred to, said point of beginning also being the most southerly corner of that certain 0.007 of an acre parcel of land described in the Deed from Harry C. Scholten and Libbie Scholten, his wife, to state of California, dated April 25, 1949 and recorded June 2, 1949 in Book 1796 of Official Records, page 357, Santa Clara County Records: thence from said point of beginning Northerlyalong the arc of a curve to the right having a radius of 25 feet, from a tangent bearing N. 20P 11' W., through an angle of 1100 32' 17", an arc distance of 48.23 feet to a point on the Southerly line of said Bane Lane; thence running at right angles with the southerly line of said Bane Lane, N. 00 21' 17" E. 15.00 feet to the center line of Bane I~ne; thence along the center line of said Bane Lane, N. 890 38' 43" w. 29.90 feet: thence at right angles N. 00 21' 17" E. 15.00 feet to a point in the Northerly line of said Bane Lane at the most Easterly corner of that certain 0.061 of an acre parcel of land described in the Deed from Wareco Ltd., a corporation, to State of c81ifornia, dated June 22, 1949 and recoarded July 28, 1949 in Book 1824 of Official R cords, page 419, s~nta Clara County Records; thence leaving said Northerly line of Bane Lane, Northwesterly along the arc of a curve to the right having a radius of 25 feet, from a tangent bearing N. 890 38' 43" W., through an angle of 690 40' 20", an arc distance of 30.49 feet; thence radially s. 700 01' 37" w. to said Easterly line of Monterey Road as established by said Deed to '~unty of Santa Clara above referred to; thence along said Easterly line of the Monterey Road, S. 200 11' E. to the point of beginning, and being a portion of Bane Lane and portions 0 f Ranch Lots 44 and 48 of the Las Animas Rancho as shown I and so designated on Map No. 7 accompanying the Report of the Referees in the action of Henry Miller, et aI, vs. Massey Thomas, et aI, in the Superior Court of the state of California, in and for the County of Santa Clara, Case No. 5536. page Six EXHIBIT "A" policy Number 75688 Exhibit "A" PARCEL NO.3. All that part of state Highway 101 also known as Monterey Road, between the present southerly city limits of the City of Gilroy and the southwesterly extension of the 30utheasterly boundary line of PARCEL NO. 1 as hereinbefore described. page Seven Exh i bit .. .Au I, SUSANNE E. PAYNE City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 638 is an original resolution, duly adopted by the Council of the City of adjourned Gilroy at a reGUlar/meeting of said Council held on the 19th day of September , lCP..L, at uhich meeting a quorum was present. IN UlTNESS tlREREOF, I have hereunto set my hand and affixed the official seal of the City of Gilroy, this 19th day of , /