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
,
/