Ordinance 651
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ORDINANCE NO. 651
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS CASTLEWOOD PARK ANNEXATION, UNIT NO.3, AND FOR
THE INCORPORATION OF SUCH ANNEXED TERRITORY IN AND
AS A PART OF SUCH MUNICIPALITY FOR THE GOVERNMENT
AND MUNICIPAL CONTROL OF SUCH ANNEXED TERRITORY.
WHEREAS, a written Petition has heretofore been filed
in the office of the City Clerk of the City of Gilroy in
accordance with the provisions of the IIAnnexation of Unin-
habited Territory Act of 193911 as set forth within Sections
35300 to 35325 inclusive of the Government Code asking that
there be annexed to the City of Gilroy as uninhabited terri-
tory certain land located in the County of Santa Clara,
State of California, therein and hereinafter more particu-
larly described: and
WHEREAS, it appears that said Petition is signed by
owners of not less than two-thirds of the land in said ter-
ritory by area, and by assessed value as shown on the last
equalized assessment roll of the County of Santa Clara,
California in which said County such territory is situated:
and
WHEREAS, the proposal to annex the said territory to
the City of Gilroy has heretofore been submitted to the
Boundary Commission of the County of Santa Clara and the
said Boundary Commission has reported approving the definite-
ness and certainty of the boundaries of the said territory:
and
WHEREAS, the said Council of the City of Gilroy did
heretofore and on the 20th day of February, 1961 adopt Resolu-
tion No. 602 finding the foregoing as facts and fixing Monday,
the 17th day of April, 1961 at the hour of 8:00 P.M. of said
day in the Council Chambers in the City Hall, Gilroy, Cali-
fornia as the time and place for the hearing of said Petition
and proposal to annex said territory which Resolution complied
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with the provisions of Sections 35305 and 35306 of the
Government code: and
WHEREAS, notice of the said hearing has been given
as required by Sections 35307 and 35311 of the said Govern-
ment Code and as otherwise, required by law by publication
of a copy of said Resolution in the GILROY EVENING DISPATCH,
a newspaper published in the said City of Gilroy, on February
28th and March 7th in the year 1961 and in the Morgan Hill
TIMES, a newspaper published in the City of Morgan Hill in
the said County of Santa Clara, but not in the City of Gilroy,
on the 2nd and 9th days of March, 1961 in accordance with the
previous order of the Council and also by giving notice of
the time and place of the hearing to all persons and bodies
to whom the law requires such notice to be given, all in the
manner and time required by law: and
WHEREAS, the said Council of the City of Gilroy has
now held the said hearing and no objections or protests to
said proposed annexation having been filed, and the said Coun-
cil having duly considered the ,matter of said annexation and
finding all the foregoing as facts, and deeming it desirable
and for the best interests of the said City of Gilroy that the
said territory be annexed to the said City of Gilroy: and
WHEREAS, the owners of more than two-thirds of the
value of the above-designated territory did join in the said
Petition for the annexation of said property to the City of
Gilroy by signing the said Petition, which Petition contained
their written consent to the taxation by the City of Gilroy upon
and after the annexation of said territory to pay any and all
bonded and other indebtedness and any and all liabilities of
said City contracted prior to or existing at the time of annex-
ation of said territory to the City of Gilroy, said property to
be taxed equally with other property in said City which is tax-
able for such purposes:
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NOW, THEREFORE, THE COUNCIL OF THE CITY OF GILROY
DOES HEREBY ORDAIN AS FOLLOWS:
Section I: Under the authority of the said IIUnin-
habited Territory Act of 193911, as set forth in Sections
35300 to 35326 of the Government Code of the State of Cal-
ifornia, the same being Chapter 297, Statutes of 1939, and
Amendments thereto, there is hereby annexed to the City of
Gilroy as uninh~ted territory the property and premises
hereinbefore mentioned which are more particularly described
as follow, to wit:
BEING ALL of Las Animas Ranch Lot 21 and a por-
tion of Ranch Lots 16 and 23 as shown on Map No.
7 accompanying the Report of the Referees in the
Las Animas Rancho Partition Suit, Action No. 5536
had in the Superior Court of the State of Cali-
fornia in and for the County of Santa Clara, and
being more particularly described as follows:
PARCEL 1
BEGINNING at the southwesterly corner of Tract
No. 2023, "Castlewood Park, Unit No.3", as shown
on said Map thereof recorded in Book 90 of Maps
at Pages 40 and 41, records of Santa Clara County,
being also the southwesterly corner of the IICastle-
wood Park Annexation No. 211 to the City of Gilroy
as established by Ordinance No. 519 adopted July
6, 1954, said point of beginning being also in
the southerly line of that certain l57.788-acre
pracel of land described as Parcel 4 in the deed
from the San Martin Sales Co., a copartnership,
to the San Martin Vineyards Company, a copartner-
ship, by deed dated May 1, 1953 and recorded May
1, 1953 in Vol. 2627 at Page 215, Official Records
of Santa Clara County, distant thereon N. 890 10'
3011 W. 520.00 feet from the southeasterly corner
thereof in the center line of Miller Avenue and
running thence from said point of beginning along
the southerly line of said l57.788-acre parcel of
land N. 890 10' 30" W. 680.00 feet to the south-
westerly corner of the 11.285-acre parcel of land
N. 890 10' 3011 W. 680 feet to the southwesterly
corner of the 11.285-acre parcel of land of the
Gilroy Elementary School District as described in
Certified Copy of the Final . . . . . . . . . . .
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Order of Condemnation filed August 24, 1960 in
Vol. 4896 at Page 254, Official Records of
Santa Clara County 1 thence along the westerly
line of said 11.285-acre parcel N. 00 46' 3011
E. 293.17 feet, N. 20 45' 2011 W. 171.12 feet,
N. 90 18' 1011 W. 165.37 feet, and N. 150 20'
4011 W. 234.53 feet to the northwesterly corner
thereof 1 thence along the northerly line there-
of S. 890 13' 3011 E. 146.64 feet1 thence con-
tinuing along a curve to the left with a radius
of 1000.00 feet, through a central angle of 180
32' 30" for a distance of 323.76 feetl thence
leaving said northerly line and running across
said l57.788-acre parcel of land N. 00 46' 3011
E. 948.14 feet to a point that is 150.00 feet
southerly, at right angles from the northerly
line of said l57.788-acre parcell thence paral-
lel with said northerly line N.890 08' 3011 W. 996.36
feetl thence N. 00 46' 3011 E. 150.00 feet to a
point in said northerly line at the southeast-
erly corner of the lands of St. Mary's Cemetery,
(Roman Catholic Archbishop of San Francisco, a
corporation sole), as described in deed from
San Martin Sales Co., a copartnership recorded
June 30, 1959 in Vol. 4465 of Official Records
at Page 2991 thence along the northerly line of
said l57.788-acre parcel N. 890 08' 3011 w. 42.00
feet to the southwesterly corner of the 20.76-
acre parcel of land conveyed to San Martin Sales
Co., a copartnership, by James A. Sterling et ux
by deed recorded March 11, 1958 in Vo~. 4027 at
Page 42, Official Records of Santa Clara County 1
thence continuing along said northerly line N.
840 18' W. 404.30 feet to the southeasterly cor-
ner of Ranch Lot 21, as shown on said Map No. 7
(at 200.15 feet on this course is the southerly
common corner of the St. Mary's Cemetery and the
Masonic-I.O.O.F. CemeterY)1 thence along the
southerly line of Ranch Lot 21, N. 89000' W.
909.48 feet to the southwesterly corner thereof1
thence along the westerly line of Ranch Lot 21,
N. 10 00' E. 737.88 feet to the Northwesterly
corner thereof in the southerly line of the
Hecker Pass Highway (formerly Bodfish Mill Road) 1
thence along the southerly line of the Hecker
Pass Highway S. 890 E. 2763.76 feet, more or less,
to the northeasterly corner of that certain 5.00-acre parcel
of land conveyed by Baillage to Clark by Deed
recorded in Vol. 32 at Page 262, Official Records
of Santa Clara County, being also the northwest-
erly corner of the Fourth Western Addition to
the City of Gilroy as described in Ordinance No.
571 adopted April 21, 19561 thence along the
easterly line of said 5.00-acre parcel and the
westerly line of said Fourth western Addition
S. 00 46' 30" W. (S. 1 W. Deed) 773.00 feet to
the southerly common corner of said 5.00-acre
parcel and Fourth Western Addition in the north-
erly line of said l57.788-acre parcel of landl
thence along the northerl~ line of said 157.788-
acre parcel of land N. 89 08' 3011 W. 150.00 feet
to the northwesterly corner of Tract No. 1232,
"Castlewood Park Unit No. 211 as shown on the Map
thereof recorded in Book 53 of Maps at Pages 12 and
13, Records of Santa Clara County, being also
the northwesterly corner of IICastlewood Park An-
nexation No. 211 to the City of Gilroy as estab-
lished by Ordinance No. 519 adopted July 6, 1954;
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thence along the westerly line of said IICastle-
wood Park Annexation No. 211 and the westerly line
of Tract 1232 and 2023 above referred to S. 00
46 I 3011 W. 2002.27 feet to the point of beginning,
and
CONTAINING THEREIN 74.029 acres of land, more or
less. II
PARCEL 2
BEING all of the Hecker Pass Highway, 66 feet in
width, extending from the westerly line of Wren
Avenue and the westerly line of the Corporate
Limits of the City of Gilroy as established in the
Las Animas Estates Annexation by Ordinance No. 533
adopted October 24, 1955 westerly to the intersec-
tion with the northerly prolongation of the west-
erly line of Ranch Lot 21, and
CONTAINING THEREIN 2.486 acres of land, more or
less. II
Section II: Said Council does hereby further declare and
order that all property within said designated territory
shall be taxed by the City of Gilroy upon and after its
annexation to said City to pay any and all bonded and other
indebtedness and any and all liabilities of the City of
Gilroy contracted prior to or existing at the time of annex-
ation of said designated territory to the City of Gilroy,
said property to be taxed for said purposes equally with
other property in said City which is taxable for such purposes.
Section III: The said territory hereby annexed to the
City of Gilroy shall be known as and is hereby designated as
CASTLEWOOD PARK ANNEXATION, UNIT NO.3.
Section IV: 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 Secre~
tary of Sate.
PASSED AND ADOPTED the
17th
day of April, 1961 by
the following vote:
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NOES:
Council me,rnbers: Goodrl ch,Jordan, Pate, Petersen,
Rush, Wentworth, and Sanchez.
Council members: None
AYES:
ABSENT:
Council members: None
APPROVED:
4~~p
.' ( Mayo
ATTEST:
'J. . I' W/)1..1/~
City Clerk
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I, SUSANNE E. PAYNE , City Clerk of the City
of Gilroy, do hereby certify that the attached Ordinance No. 651
is a true and correct copy of the whole of such Ordinance, duly
adopted by the Council of the City of Gilroy, at a regular meeting
of said Counci I held on the 17th day of Apri 1
19 61 , at which meeting a quorum was present.
I further certify that the said ordinance has been pub-
lished in accordance with the charter of the City of Gilroy.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Gilroy, this 18th day of
Apr iI, 19..2.!-.
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