Ordinance 607
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ORDINANCE NO. 607
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE
CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN ~BITED TERRI-
TORY OWNED BY THE CITY OF GILROY. DESIGNATED AS't)USLEY PARK ADDITION"
UNDER THE ANNEXATION OF UNINHABITED TERRITORY ACT OF 1939~ AND FOR THE
INCORPORATION OF SUCH TERRITORY IN AND AS A PART OF SUCH MUNICIPALITY
FOR THE GOVERNMENT AND MUNICIPAL CONTROL OF SUCH ANNEXED TERRITORY.
WHEREAS. the City of Gilroy is the owner of the premises herein-
after described and has been the owner of such territory from a time
prior to the initiation of proceedings for the annexation of such terri-
torYi and,.
WHEREAS. the Common Council of the City of Gilroy did,.on the 15th
day of June,. 195~ adopt Resolution # 517 wherein and whereby it did
initiate proceedings to annex the said territory to the City of Gilroy
as uninhabited territory owned by it,. under the Annexation of Uninhabited
Territory Act of 1939i and,.'
WHEREAS,. the description of the premises hereinbefore mentioned
and hereinafter described was,. prior to the adoption of said resolution
number 517 of the Common Council of the City of Gilroy,. submitted to
the Boundary Commission of the County of Santa Clara,. and the said
Boundary Commission did report approvipg the definiteness and certainty
of the boundaries of said territorYi and,.
WHEREAS,. the City Planning Commission of the City of Gilroy
did also report upon the annexation of said territory to the City of
Gilroy prior to the adoption of said Resolution Number 517,. in which
report,. said Planning Commission recommended that the said territory
be annexed to the City of Gilr9Y~ and,.
WHEREAS,. the said Resolution Number 517 did find the foregoing
as facts and did fix Monday,. the 3rd day of August,. 1959~at the hour
of 8:00 olclock Po Mo in the Common Council Chambers in the Wheeler
Municipal Auditorium at 6th and Rosanna Streets in the City of Gilroy,.
as the time and place of hearing of said proposed annexation~ which
resolution complaed with the provisions of the Uninhabited Territory
Act of 1939i and,.
WHEREAS. Notice of the said hearing has been given as required
by Section 35311 of the Government Codei and,.
WHEREAS, the said Common Council of the City of Gilroy did
hold the said hearing at the time and place specified in the afore-
said resolution and in the Notice of the hearing,. and no objections
or protests to said annexation were filed or madei and,.
WHEREAS, the said territory hereinbefore mentioned and herein-
after described,. being that described in the aforesaid Resolution Number
517,. at all times herein stated was and still is owned solely by the said
City of Gilroy~ and during all the said period has been and still is
used for a municipal purpose and the area of said premises is less than
One Hundred (100) acres and said premises are eligible for annexation
to the City of Gilroy under the provisions of Section 35201.5 of the
Government Codei and,.
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WHEREAS,. all things required by law to be done,. as a condition
for the annexation of said territory to the City of Gilroy,. have
been done and accomplished.
NOW THEREFORE. THE MAYOR AND COMMON COUNCIL OF THE CITY OF
GILROY DO HEREBY ORDAIN AS FOLLOWS:
SECTION I: The said Common Council of the City of Gilroy
does hereby approve the annexation of the territory hereinbefore men-
tioned and hereinafter described to the City of Gilroy~ and does
hereby further ordain that the said territory be and the same is
hereby annexed to the City of Gilroy
The said territory,. the annexation of which to the City of
Gilroy is hereby approved and ordained,. is all that territory situated
in the County of Santa Clara,. State of Californi~and more particularly
described as follows:
BEGINNING at the point of intersection of the Northerly line
of the Hecker Pass Highway,. formerly Bodfish Mill Road,. with the
Westerly line of that certain 43508 acre Tract of Land,. more or less,.
described in the. certified copy of the Decree of Distribution of the
Estate of Edward Bryant Hoey,. deceased,. also known as Edward Bo Hoey,.
dated August 18,. 1952 and filed for record in the office of the
Recorder of the County of Santa Clara,. State of California, on August 19,.
1952 in Book 2472 of Official Records,. page 362i thence Westerly and
along the Northerly line of Hecker Pass Highway and Northwesterly
along the Northeasterly line of Burchell Road,. as said High~y and
Road now exist (Apgnst 1959) to the intersection of said line of
Burchell Road with the Easterly line of that certain 300 acre tract
of land described in the decree of Distribution in the Estate of
Alexander Milne.,. deceased,. dated March 3,. 1922 and recorded May 26,.
1922,. in the Of rice of the Recorder of said County in Book 554 of
Deeds,. page 186i thence Northerly along the Easterly line of said
300 acre tract to a 1 ~ inch pipe designated as 0-9 set on the Easterly
line of said tract as the same is described in the land distributed
to Isabella Milne,. et al,. by Decree of Distribution entered March 3,.
1922,. in the Superior Court of the State of California,. in and for the
County of Santa Clara "In the Matter of the Estate of Alexander Milne,.
deceased",. a certified copy of which Decree was recorded May 26,. 1922
in Volume 554 of Deeds,. at page 186,. Records of Santa Clara County,.
California} thence in a general Southeasterly direction along the
Southerly and Westerly lines of the 435.8 acre tract hereinbefore
mentioned,. the following courses and distancesi South 460 50' East
101001 feet,. to an iron pipe designated as O-lOi South 770 461 East
123300 feet to an iron pipe designated as O-lli South 460 38t East
22009 feet to an iron pipe designated as 0-12i South 400 38' West
91055 feet to an iron pipe designated as 0-13i South 390 211 East
183010 feet to an iron pipe designated as 0-14i South 30 401 East
10004 feet to an 8 inch X 8 inch post set at the most Easterly corner
of that certain 36.61 acre tract of land described as item 112" under
the heading,. IIReal Estate" in the inventory and appraisement filed
in the matter of the estate of Mary Eo Ousley,. deceased,. in the office
of the Clerk of the Probate Department of the Superior Court of the
State of California,. in.and for the County of Santa Clara,. on January 8,.
1937,. (being Estate Noo 21186 of said court),.. said point being alsol'
in the Northerly line of that certain 30 acre tract of land conveyed
by Electa Ousley to Emma Eo Hoey by Deed dated July 15,. 1864,. and
recorded July 23,. 1864,. in Volume S of Deeds at page 585,. records of
Santa Clara County. Californiai thence North 890 561 East 445.3 feet
along the Northerly line of the said 30 acre tract of land so conveyed
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to Emma Eo Hoey, to the Northeasterly corner thereof; thence South
00 01" East 1173n27 feet more or less,. along the Easterly line of
said 30 acre tract of land to the Northerly line of Hecker Highway
and the point of beginningo
CONTAINING 95 acres of land,. more or lesso
SECTION II: The said lands hereby annexed to the City of Gilroy
shall be known as "OUSLEY PARK ADDITION" 0
SECTION III: This ordinance shall take effect and be in full
force from and after the date of the filing of a certified copy of
this ordinance in the office of the Secretary of Stateo
PASSED AND ADOPTED the 3rd day of August,. 1959,. by the follow-
ing vote:
AYES:
COUNCILMEN: Pate, Rush, Petersen, Wentworth, Jordan
NOES:
COUNCILMEN: None
ABSENT:
COUNCILMEN: Gallo
APPROVED:
4 f --L /
Q~
.,I' MAYO~
ATTEST:
k1ldd/yV
City Clerk
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