Resolution 1995-34
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RESOLUTION NO. 95 - 34
RESOLUTION OVERRULrNG PROTESTS AND ORDERING THE
ANNEXATION OF TERRITORY TO MAINTENANCE DISTRICT NO.1
ANNEXATION NO, 1995-1
The City Council of the City of Gilroy resolves:
WHEREAS, pursuant to the provisions of the City of Gilroy Maintenance
District Act, Article N of Chapter lZA of the Code of the City of Gilroy, said Council
did on the 17th day of April, 1995, adopt its Resolution No. 95-29, "Resolution of
Intention to Annex Terdtory to Maintenance District No.1;"
WHEREAS, said Council did in said Resolution declare its intent to order
the annexation of territory to Maintenance District No, 1 of said City, the boundaries of
which territory are shown on a map on file in the office of the City Clerk, and more
particularly described in Exhibit A hereto atrached and by reference incorporated
herein;
WHEREAS, pursuant to said Resolution and the provisions of said Act,
notice of hearing any and all protests in relation to the annexation of said territory to
Maintenance District No.1 or the extent thereof was given by causing notice of said
hearing to be duly posted, published and mailed in the time, form and manner
provided by said Act, all as more particularly appear from the certificates and affidavits
thereof on file in the office of the City Clerk of said City and whereupon the hearing
thereon was duly and regularly held at the time and place advertised in said notice
and in said Resolution;
WHEREAS, all written protests and other written communications were
publicly read at said meeting and all persons desiring to be heard were fully heard on
the matter of said annexation and the extent thereof; and
WHEREAS, said Council is fully informed in the matter,
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND
ORDERED, as follows:
1. That the owners of more than one-half of the area of the property
in said territory proposed to be annexed did not, at or prior to the time fixed for said
hearing, or during said hearing, file written protest against the annexation of said
RESOLUTION NO. 95 - 34
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territory or the extent thereof to Maintenance District No.1 of said City.
2. That said territory to be annexed will be benefited by said
annexation.
3. That any and all protests, both written or oral, in relation to said
annexation or the extent thereof, and each of them are hereby overruled.
4. That the public convenience and necessity require that the
territory the boundaries of which are shown on a map thereof on file in the office of
the City Clerk, and more particularly described in said Exhibit A hereinabove referred
to be, and it is hereby, 'ordered annexed to Maintenance District No.1 of the City of
Gilroy and that the boundaries of said Maintenance District No.1 be altered to include
such territory.
5. That the City Clerk shall forward a certified copy of this Resolution to the
Director of Public Works of said City and to the County Auditor of the County of Santa
Clara and to the officer designated by law to extend property taxes upon the tax roll
on which they are collected.
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1 HEREBY CERTIFY THAT the foregoing resolution was duly and
regularly adopted and passed by the City Council of the City of Gilroy, California, at a
regular meeting thereof held on the 15th day of May, 1995, by the following vote of
the members thereof:
AYES, and in favor, thereof, Councilmembers: GILROY, KLOECKER, MORALES,
ROGERS, RO\iLISON, VALDEZ and GAGE.
NOES, Council members:
None
ABSENT, Councilmembers:
None
APi1:Jd J. V
Mayor
RESOLUTION NO. 95 - 34
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EXHIBIT A ~
PROPOSED BOUNDARIES
1995-1 TO MAINTENANCE DISTRICT NO. 1
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ANNEXATION NO,
BEING a portion of Lots 8, 9, 10, 11 and 12 as shown on "Map of ;:!.
Subdivision of the Lands of S.P. Fine in the Solis Rancho"filed
for record in Book F-2 of Haps at page 46, Records of Santa Clara
County, California, and being also a portion of Parcel 4 as shown
of Parcel Hap filed for record in Book 406 of Maps at page 22,
Records of Santa Clara C9unty, California, and being also a
portion of Lot "G" as shown of the Map accompanying the report of
the Referees in the Partition of the .lllnds of L. Fine, Decd.,
filed for record in Book F-9 of Maps at pa~e 9, Records of Santa
Clara County, and being more particularly described as follows:
BEGINNING at the southwesterly corner of Lot 2 as shown on the Map
of Tract No. 6333 filed for record in Book 427 of Maps at pages 45
and 46, Records of Santa Clara County, in the line common to Lots
11 and 12 as shown on the Map of the S.P. Fine Subdivision, above
referred to, and running thence along said line S.B9048"07"W.
165.43 feet to an intersection with the northeasterly line of
Parcel 1 as shown on Parcel Map filed for Record in Book 537 of
Haps at page 29; thence along said northeasterly line
N.62023"20"W. 77.52 feet; thence along a curve to the right with a
radius of 165.00 feet, from a tangent bearing of N.Boo08'W.,
through a central angle of 7054"08" for a distance of 22.76 feet;
thence N.B3041"16"W. 16.53 feet; thence along a curve tothe right
with a radius of 102.00 feet, through a central angle of 27014'02"
for a distance of 4B.48 feet to a point in the westerly line of
said Parcel 1 distant thereon S.50036"W. 11.80 feet from the most
northerly corner thereof; thence along the westerly line of
Parcels 1 and 2 as shown on said Hap, S.50036'W. 95.05 feet.
S.0020'E. 104.70 feet, S.3010"W. 167.99 feet and S.10040"W. B5.00
feet to the southwesterly corner of said Parcel 2 in the line
common to the southerly line of Lot 12 as shown on the Hap of
the S.P. Fine Subdivision above referred to and the northerly line
of Parcel 4 as shown on Parcel Hap filed for record in Book 506 of
Haps at page 47, Records of Santa Clara County; thence along said
common line S.89044"44"E. 25.00 feet to the most westerly corner
to Parcel 1 as shown on said Parcel Hap; thence along the line
common to Parcels 1 and 4 S.31014'E. 239.97 feet to the
southwesterly corner of Parcel 1; thence continuing along the line
common to Parcel 1 and 4 S.B9044"33"E. 127.12 feet and N.45000"E.
4~.20 feet to the'corner common to said parcels in the southerly
11ne of Rancho Real; thence along said southerly line along a
curv~ to the leofit with a radius of 45.00 feet, from a tangent
b~ar1ng of S.45"00'E., throug~ a central angle of 45"00' for a
d1stance of 35.34 feet to the corner common to Parcels 3 and 4 as
shown on sa id Hap; thence along the 1 ine comnlmon to said Parce Is
South 75.00 feet, S.24"20"E. 26B.35 feet and East 100.95 feet to
t~le easterly common corner to said Parcels: thence along the
~o~~:rl~ ~nd nor.theasterly line of Parcel 4 South 240.79 feet and
. 24 IB E. 308.03 feet to the intersection thereof with the
northerly line of Heclter Pass Highway as shown of said Hap; thence
~Iong sa~d northerly line S.80053"30"W. 1069.74 feet to th
lntersectlon e
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thereof with the line common to said Parcel 4 and Lot "G" as shown
on the Hap of the L. Fine Partition above referred to; thence
along said common line North 132.24 feet to the northeasterly
corner of that certain Parcel of land conveyed by Earl E. Reeve
to Gladys E. Reeve by De~d Recorded Hay 26, 1926 in Book 241 at
page 528, Official Records of 9anta Clara County; thence along the
northerly line of said Parcel S.89054',05"W. 132.00 feet to the
northwesterly corner thereof; thence aloni the westerly line
thereof S.oo12'39"W. 140.52 feet to the intersection thereof with
the northerly line of Hecker Pass Highway; thence along said
northerly line S.89008'24"W. 623.09 feet to the intersection
thereof with the westerly line of said Lot G; thence along said
westerly ine N.ooll'06"W. 532.28 feet and N.ooOl'E. 660.00 feet to
the corner common Lot G and Lot 12 of said Hap of a Subdivision of
the lands of S.P. Fine; thence along the westerly line of said
Subdivision N.ooll'06"W. 532.28 feet, N.ooOl"E. 1000.30 feet and
N.04'03"E. 1117,12 feet to the southwesterly corner to Lot 13 as
shown on the Hap of "Tract No. 7350, Unit No.1, Rancho Real"
filed for record in Book 578 of Haps at pages 21 and 22, Records
of Santa Clara County; thence along the southerly line of Tract
No. 7350 N.68010'E. 241.37 feet, N.81050"E. 267.56 feet, North
114.99 feet, S.79016'08"E. 319.99 feet and N.84050'10"E. 210.18
feet to the northwesterly corner to Lot 22 as shown on the Hap of
Tract No. 5965 "Unit No.1, Santa Teresa Hills", as shown on the
Hap thereof filed for record in Book 385 of Haps at pages 41 and
42, Records of Santa Clara County; thence along the southwesterly
line of Tract No. 5965 S.15029"55"E. 756.23 feet to the
southwesterly corner of Lot 25, as shown on said Hap; thence along
the southerly line of Lot 25 N.89048'E. 200.00 feet to the
southeasterly corner thereof in the southwesterly line of Lot 28;
thence along the southwesterly line of Lots 28, 29 and 30
S.15030"E. 210.00 feet to the southwesterly corner to Lot 30,
being also the northwesterly corner to Lot 1 as shown on the Hap
of Tract No. 6333 above referred to: thence continuing along the
southwesterly line of Lot 1 S.15030'E. 214.82 feet to the corner
common to Lots 1 and 2, as shown on said Hap; thence along the
westerly line of Lot 2 S.9000'W. 178.83 feet to the point of
beginning, and
CONTAINING THEREIN 85.672 acres of land, more or less.
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