Ordinance 681
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....
ORD INANCE NO. 681
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNIN8lBITED TERRITORY DESIGNATED
AS "FIRST EASTERNAaDJ":'rQN (7-62) TO THE CITY OF
GILROY.r" AND FOR TEE INCORPORATION OF SUCH ANNEXED
TERRITORY IN AND AS A PART OF SUCH MUNICIPALITY FOR
THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF.
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 Annexation of Uninhabited Territory Act
of 1939 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 territory certain land located in the County
of Santa clara~ state of california. therein and hereinafter more
particularly described; and
WHEREAS... it appears that the said petition has been signed
by the owners of all of the land in the territory by area and by
assessed value as shown on the last equalized assessment roll of
the County of Santa Clara and that the said territory proposed to
be annexed is contiguous to the present city limits to the said
City of Gilroy; 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 Commiss ion has made
its report thereon approving the definiteness and certainty of the
boundaries of the said territory; and
WHEREAS, the said Council of the City of Gilroy did heretofore
and OA the 18th day of June, 1962.r adopt Resolution No. 691
I, f ind-
ing the foregoing as facts and fixing Monday... the 16th day of July,
1962r at the hour of 8:00 P.M. of said day in the Council Chambers
in the City Hall" Gilroy.r California.r as the time and place for the
hearing of said petition and proposal to annex said territory which
Resolution complied with the provisions of Sections 35305 and 35306
of the Government Code; and
WHEREAS" notice of the said hearing has been given as required
(Og /
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by Sections 35307 and 35311 of the said Government Code by publica-
tion of a copy of said Resolution in the GILROY EVENING DISPATCHt
a newspaper published in the said City of Gilroy on the 16th and
26th days of June, 1962, as required by law and the previous order
of the Council and also by giving notice of the tbne 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 as 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 annexa-
tion having been filed, and the said Council having duly considered
the matter of said annexation and finding all the foregoing as facts,
and deeming it des irable and for the best interests of the said City
of Gilroy that the said territory be annexed to the said city of
Gilroy; and
WHEREAS1 the owners of all the ter:t.itory proposed to be
annexed signed the petition hereinbefore mentioned for the annexation of
said territory to the City of Gilroy and said petition contains the
written consent of said signers, pursuant to Section 35319 of the
Government Code to the Taxation by the City of Gilroy, upon and after
the annexation of said territory to said City, of property within
said territory to pay any and all bonded and other indebtedness and
any and all liabilities of said City contracted prior to or after the
time of annexing said territory to the City of Gilroy, said property
to be taxed for said purpose equally with other property in said City,
which is taxable for said purpose, and said petition also contains
the agreement of the said owners to pay the storm drainage disposal
charge as established in the Annexation policy adopted by the City of
Gil~oy before the ordinance annexing the property shall be adapted,
and said charge has been paid to the City of Gilroy;
NOW. THEREFORE THE COUNCIL OF TEE CITY OF GILROY DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1: Under the authority of the said "Uninhabited
Territory Act of 1939", as set forth in Sections 35300 to 35326 of
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the Government Code of the state of California, the same being Chapter
297, statutes of 1939, and Amendments thereto, there is hereby annexed
to the City of Gilroy as uninhabited territory the property and Ire-
mises hereinbefore mentioned which are more particularly described
as follows; to wit,
BEING a portion of ranch Lots 40 and 42, as shown on Maps
No.. 7 and 8, accompanying Report of the Commissioners
in 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 Number 5536, and more particularly
described as follows:
BEGINNING at the point of intersection of the dividing
line between Rancho Las Animas and Rancho San Ysidro, with
the Northeasterly line of Old Gilroy Road, also known
as Pacheco Pass Road, said point of beginning also being
the Easternmost corner of that certain 0.640 acre tract
of land described in the deed from Dave C. Hall, et ux, to
Joseph E. Lemos, et ux, dated May 27, 1941, recorded July
I, 1941, in Book 1046 of Official ~ecords, page 368, Santa
Clara County Records, thence from said point of 'beginning
Northwesterly along the said Northeasterly line of Old
Gilroy Road for the following courses and distances:
North 820 06' West 215.82 feet; thence along an arc of
a curve to the right, tangent to the preceding course,
with a radius of 147.80 feet, through a central angle of 300
36& for an arc distance of 78.24 feet; thence North 51-
30' West 688.38 feet and North 560 161 West 9.00 feet to
the Westernmost corner of that certain tract of land
described in the deed from Agostino Rocchi, et ux, to
George C. Renz, et ux, dated March 13, 1956, recorded
March 19. 1956, in Book 3442 Official Records, page 30,
Santa Clara County Records, said point being in an angle
corner in the Easterly city limits of the City of Gilroy;
thence North 380 30' East along the said Easterly city
limits in the Northwesterly line of the land so described
in the deed to said Renz for a distance of 159 feet, more
or less, to the Northernmost corner thereof in the South-
westerly line of that certain 1.055 acre tract of land
described in the deed from David C. Hall, a widower, to
Charles Vern Smith, dated October 22, 1948, recorded
February 23., 1949, in Book 1749 of Official Records, page
178, Santa Clara County Records, said point being the
~ost Easterly point of the Jung Eastern Addition to the
City of Gilroy; thence North 320 05' West along the said
Southwesterly line of the 1.055 acre tract, in the present
Easterly city limits of the City of Gilroy for a distance
of 50.13 feet to the Westernmost corner of said 1.055 acre.
tract; thence leaving the Easterly city limits of the
City of Gilroy North 570 551 East along the Northwesterly
line of the said 1.055 acre 'tract for a distance of 292.65
feet to a point in the said dividing line between Rancho
Las Animas and Rancho San Ysidro; thence South 320 05" East
along said dividing line for a distance of 963.59 to the
point of beginning.
Section II: said Council does hereby further declare and
order that all property within said designated territory shall be
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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 annexation 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 "FIRST
EASTERN ADDITION TO THE CITY OF GILROY".
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 Secretary of State
PASSED AND ADOPTED THE 16th day of July 1962, by the follow-
ing vote:
AYES: COUNCILMEMBERS Duff i n ,Goodr i ch ,Jordan, Petersen ,Quart i rol i ,
Wentworth, and Sanchez.
NOES: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
APPROVED:
(
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~---/ MAYQR-
ATTEST:
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, CITY CLERK 1
1/
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I ,
SUSANNE E. PAYNE
, City Clerk of the City
of Gilroy, do hereby certify that the attached Ordinance No. 681
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 Council held on the 16th
day of
Julv
,
19 62 ,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
17th
day of
July
,19 62.
-
AU4
ity Clerk of