Ordinance 694
...
ORDINANCE NO. 694
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES
OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN
UNINHABITED TERRITORY DESIGNATED AS "SIXTH ~JESTERN ADDITION
(1-63) TO THE CITY OF GILROY" AND FOR THE INCORPORATION OF
SUCH ANNEXED TERRITORY' IN AND AS A ~RT 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 not less than 1/4 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 Commission has reported upon the definiteness and
certainty of the boundaries of the said territory; and
WHEREAS, the said Council of the City of Gilroy did heretofore and on
the 21st day of January, 1963, adopt Resolution No. 726. finding the foregoing
as facts and fixing Monday, the 4th day of March. 1963, at the hour of 8:QO
o'clock p.m. of said day in the Council Chambers in the City, Hall, Gilroy, Calif-
ornia, as the time and place for the hearing of said petition and proposal to
annex said territory which Resolution compiled with the provisions of Sections
35305 and 35306 of Government Code; and
WHEREAS, notice of the said hearing has been given as required by
Sections 35307 and 35311 of the said Government Code by publication of a copy of
said Resolution in the GILROY EVENING DISPATCH, a newspaper published in the
said City of Gilroy, on the 24th day of January, 1963 and the 31st day of January.
1963. as required by law and 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 who the
law requires such notice to be given, all in the manner and time as required by
law; and
to 9~
-1-
".t'##"
~~'
WHEREAS, the sa i d Counc i 1 of the City of G i 1 roy has now held ,the sa i d
hearing and nO objections or protests to said proposed annexation 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 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 all the territory 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 SectiOh 35319 of the Government Code to the Taxation by the City of
G i1 roy, upon and after the annexation of sa I d terrl tory to sai d City, of proper-
ty 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 G, 1roy, said property to be taxed for
said purpose equally with other property in said City, which is tax~ble for said
purpose, and said petition also contains the agreement of the said owners to pay
the stonm drainage disposal charges as established in the annexation policy
adopted by the City of Gilroy before the ordinance annexing the property shall be
adopted;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS
FOLLOWS:
Section I: Under the authority of the said "Uninhabited Territory
Act of 1939", as set forth in Sections 35300 to 35326 of the Government Code of
the State of California, the same being Chapter 297, Statutes of 1939, and Amend-
ments thereto, there is hereby annexed to the City of Gilroy as uninhabited
territory the property and premises hereinbefore mentioned which are more parti-
cularly described as follows: to wit:
PARCEL 1
BEGINNING at the pOint of intersection of the present westerly city limits of
the City of Gilroy with the southerly line of the Heeker Pass Highway 66 feet
wide said point being also the easterly line of Lot 6 as shown on Hap of the
"S. P. Fine Subdivision" recorded in Book "F-2" of Haps at page 46, Records of
Santa Clara CountYb Cal ifornia; running thence along the easterly boundary line
of said Lot 6 S. I 10' W. 737.88 feet and S. ISO 40' W. 2,976.60 feet to the
most southerly corner of said Lot 6; thence along the southerly line of Lots 5
and 6 of said "S. P. Fine Subdivision" in a northwesterly direction 409.33 feet
to the southwesterly corner of said Lot 5 of said subdivision; thence N. 40 30'
E. along the westerly line of said Lot 5, 3,389.76 feet to the southerly line of
the Hecker Pass Highway; thence in a easterly direction along the said southerly
line of Hecker Pass Highway 916.89 feet to the point of beginning exc.epting
therefrom the following described portion of said .Lot 5:
-2-
:#';"'~'
.........
.,......
"BEGINNING at an iron pipe in the southeasterly line of Hecker
Pass Road (formerly Bodfish Mill Road) at the intersection
thereof with the line common to lots 4 and 5 as shown on said
Map, and running thence along said southeasterly line N. 880
45' E,. 361.25 feet to an iron pipe; thence along a line paral-
let to the line common to Lots 4 and 5 S. 40 30' W. 530.82 feet
to an iron pipe. thence s. 880 45' w. 361.25 feet to an iron
pipe in the I ine common to Lots 4 and 5; thence along said
common line N. 40 30' E. 530.82 feet to the point of beginning,
and containing therein 4.380 acre parcel of land."
PARCEL 2
All of the Hecker Pass Highway (formerly Bodfish Mill Road), 66 feet in width
extending from the easterly ~undary of the above described exception easterly
to the easterly line of Lot 6 in the present corporate limits of the City of
G i 1 roy. :
Section II: , Sai d Counci I does hereby further declare and order that
all property within said designated territory shall be taxed by the City of Gil-
roy 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
sha II be known as, and is hereby des i gna ted as, liS IXTH WESTERN ADO I T I ON 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 4th day of March, 1963, by the following vote:
AYES:
NOES:
COUNCIL MEMBERS: Eckard,Duffin.Goodrich,Jordan,Quartiroli,
Wentworth, and Petersen.
COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
APPROVE~/ --..-J' -/ ,2
-rc~L--&-~ ~l/~'L-
KENNETH L. PETERSEN
Mayor
ATTEST: l (' ,/)
.OJ2-t4u'YVh,u (0. ~~
../ SUSANNE E. PAYNE ;f
City C:l erk ' . v' . '
-3-
. .
, .
I, SUSANNE E. PAYNE , City Clerk of the City
of Gilroy, do hereby certify that the attached Ordinance No.. 694
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 4th day of March ,
19 h~ ,at which meeting a quorum was present.
I further certify that the said ordinance has been pub-
1 ished in accordance wi th the charter of the City of G 11 roy.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Gilroy, this 5th day of
March
, 19...2l.. ·