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Resolution 1995-34 . . . 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 ~- ~.' . . 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. * * * 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 . EXHIBIT A ~ PROPOSED BOUNDARIES 1995-1 TO MAINTENANCE DISTRICT NO. 1 . 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 ( 1 ) . . . . . , . . 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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