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Ordinance 716 ORDINANCE NO. 716 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "SEVENTH WESTERN ADDITION (3-64) TO THE CITY OF GILROY" AND FOR THE 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 35326, inclu- sive, 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 proposed to be annexed 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 is contiguous to the present city limits of the said City of Gilroy; and WHEREAS, notice of intention to annex the said premises has heretofore been filed with the Local Agency Annexation Commission, pursuant to Section 54761 of the Government Code, and the proposal for the annexation of said territory was there- after submitted to the Boundary Commission of the County of Santa Clara, and said Boundary Commission has reported upon the definiteness and certainty of said boundaries and has approved the same, and that a copy of a report of said Boundary Commission has been filed with the said Local Agency Annexation Commission of Santa Clara County, and said Commission did fix the date, time, and place for a public hearing upon the proposed annexation, and did give notice of said hearing, as required by Section 54763 of ( 1) 'f)ft; the Government Code, and has held the said hearing, in accordance therewith, made its determination upon the proposed annexation, and has approved said annexation as proposed; and WHEREAS, no petition seeking the annexation of said terri- tory was circulated or filed nor did any officer or agency of the City of Gilroy accept any such petition for filing nor the Council initiate any proceedings to annex the said territory on its own motion until after it did file a notice of intention to annex the said territory with the said Local Agency Annexation Commission and no further action was taken concerning the pro- posed annexation until the said Commission rendered its decision, as provided for in Section 54766 of the Government Code; and WHEREAS, the said Council of the City of Gilroy did hereto- fore and on the 17th day of February, 1964, adopt Resolution No. 803 finding the foregoing as facts and fixing Monday, the 6th day of April, 1964, at the hour of 8:00 otclock, p.m., of said day in the Council Chambers in the City Hall, Gilroy, California, 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 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 20th and 27tbdays ofFebruarv, 1964, 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 whom the law requires such notices to be given, all in the manner and within the 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 or made, and the said Council ( 2) 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 of 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 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 WHEREAS the said Council has found and does hereby find that all of the allegations, declarations, and statements contained in the foregoing portion of this Ordinance to be true and correct; NOW THEREFORE t 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 Amendments thereto, there is hereby annexed to the City of Gilroy as uninhabited territory the property and premises hereinbefore mentioned, which are more particularly described as follows, to wit: BEING a portion of Lots 14 and 15 as shown on Map entitled "Henry Miller1s Subdivision of Las Animas Ranchlot 23, which Map is recorded in Book II HIl of Maps at Page 5, Records of Santa Clara County, California, and being more ( 3) particularly described as follows: "BEGINNING at a point in the westerly line of Wren Avenue, (shown as Ave. H on said Map) at the inter- section thereof with the northerly line of Lot 15 as shown on said Map, and running thence along said westerly line of Wren Avenue, S. 10 021 2011 W. 390.02 feet; thence along a curve to the left, from a tangent bearing of N. 10 02t 20" E., having a radius of 10.00 feet and a central angle of 900 OIl 50", a distance of 15.71 feet; thence N. 880 591 30" W. 89.99 feetr thence along a curve to the right, having a radius of 330.00 feet and a central angle of 370 00&, a distance of 213.10 feet; thence N. 510 59t 3011 W. 167.89 feet; thence along a curve to the left, having a radius of 270.00 feet and a central angle of 370 00., a distance of 174.36 feet; thence N. 890 591 3011 W. 278.29 feet to a point in the westerly line of said Lot 15; thence along said westerly line, N. 10 041 30" E. 198.16 feet to the northwest corner of said Lot 15; thence along said northerly line of Lot 15, S. 890 591 3011 E. 873.62 feet, more or less, to the point of beginning.1I 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 annexation of said desig- nated 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, "SEVENTH WESTERN ADDITION TO THE CITY OF GILROyll. Section IV: This ordinance shall take affect 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 6th day of April, 1964, by the following vote: AYES: COUNCILMEMBERS: Eckard,Goodrich,Jordan, Quartiroli ,Wentworth, and Petersen. COUNCILMEMBERS:None NOES: ATTESy{ , Oh?J~ , City Clerk COUNCILMEMBERS : Duff i n APPRO~9-~ .:7' ~?f-~afo~ ( 4) ABSENT: I , SUSANNE E. PAYNE , City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of Apr i1 , 19 64 , at which meeting a quorum was present. I further certify that the said ordinance has been pub- tlshed In accordance with the chatter of the City of Gilroy. IN WITNESS WHEREOF, I have hereunto set my hand and af- fixed the official seal of the City of Gilroy, this 7th day of Apri 1 ; A /((~ U<J~ City Clerk of the City of Gilr