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Ordinance 742 ..."" "'.... ORDINAlQCE NO. 742 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "MILLER AVENUE ANNEXATION NO. 1 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, tl:e Council of the City of Gilroy did heretofore and on the 20th day of April, 1965, unanimously adopt Resolution No. 912 declaring the intention of the Council of the City of Gilroy to initiate on its own motion proceedings to annex certain unin- habited territory therein and hereinafter more particularly described, which resolution directed the proper City officials to cause the necessary proceedings to be undertaken and completed required to annex the said premises to the City of Gilroy; and WHEREAS, the said Council did, on the said 20th day of April, 1965, adopt Resolution NO. 913 declaring and resolving that pursuant to the provisions of the Uninhabited Territory Act of 1939, proceedings have been initiated by the council of the City of Gilroy on its own motion to annex to the said City of Gilroy all of the said uninhabited territory situated in the County of Santa Clara, state of California, described in the said Resolution No. 912 and in said Resolution No. 913, and hereinafter more particularly described; and \~EREAS, notice of the initiation of the said proceedings 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 the said territory was thereafter 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, has approved the same and a copy of the 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 ( 1) 71lJ for a public hearing upon the proposed annexation and did give notice of said hearing as required by Section 54763 of the Government Code and did hold the said hearing in accordance therewith, made its decision upon the proposed annexation, and has approved said annexation as proposed and initiated: and WHEREAS, no petition seeking the annexation of said territory 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 proposed annexation until the said Commission rendered its decision, as provided for in Section 54766 of the Government Code: and WHEREAS, in the said resolution of the Council declaring its intention to initiate proceedings for the annexation of said terri- tory and in the Resolution No. 913 hereinbefore referred to declaring that proceedings have been initiated for the annexation of said territory and in all of the preceedings relating to said annexation the said territy proposed to be annexed and described in said proceedings was identified as "MILLER AVENUE ANNEXATION NO. 1 TO THE CITY OF GILROY": and WHEREAS, in the said Resolution No.913, the said Council of the City of Gilroy did find all of the foregoing as facts and therein fixed Monday, the 7th day of June, 1965, at the hour of 8:00 o'c10ck, in the Council Chambers in the City Hall, Gilroy, california, as the time and place of the public hearing upon said proposal, when and where any person owning real property within the uninhabited territory hereinbefore mentioned and hereinafter more particularly described proposed to be annexed might appear before the said Council and show cause why such uninhabited territory should not be so annexed to the City of Gilroy and said Resolution No. 913 complied with the provisions of the said Annexation of (2) ... Uninhabited Territory Act of 1939 in all respectsi and WHEREAS, notice of said hearing has been given as required by Sections 35307 and 35311 of the Government Code by publication of a copy of the said Resolution NO. 913 in the Gilroy Evening Dispatch, a newspaper published in the city of Gilroy, on the 2Sth day of April and the 6th day of May, 1965, and in the Morgan Hill Times, a newspaper published in the City of Morgan Hill, in the Cou nty of santa Clara but not in the said city of Gilroy, on April 29 and May 6, 1965, 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 notice to be given, all in the time and in the manner required by law: and WHEREAS, the said Council of the City of Gilroy has now held the said hearing at the time and place fixed in the said Resolution and in the said notices and no majority or other protests to the said proposed annexation have been filed or made, and the said Council has adopted a resolution so declaring, and the said Council having duly considered the matter of said annexation and again finds all the foregoing to be 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, NOW THEREFORE, THE COUNCIL OF THE CITY OF GILROY HEREBY ORDAINS AS FOLLOWS: section I: Under the authority of the said Uninhabitea Terri- tory 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 LaS Animas Ranch Lots 11 and 16 as shown on Map No. 7 accompanying the report of the Referees in the (3) Las Animas Rancho partition Suit, Action No. 5536 had in the Superior Court of the state of California, in and for the County of Santa Clara, and being more particularly described as follows: "BEGINNING at the intersection of the westerly line of Miller Avenue with the southerly line of the "Ninth Western Addition to the City of Gilroy" as described in Resolution No. 859 of the city of Gilroy adopted September 8, 1964, and running thence along the westerly line of Miller Avenue and the westedv line of the "Fifth Western Addition to the city of Gilroy" as described in Ordinance No. 675 adopted May 7, 1962, by said City S.Oo 521 w. 492.17 feet to the southwesterly corner of said "Fifth Western Addition": thence along the southeasterly line thereof N. 700 061 E. 42.78 feet to the intersection thereof with the centerline of Miller Avenue: thence along the centerline of Miller Avenue S. O~ 521 w. 159.66 feet, S. 870 52' w. 444.51 feet, S. 67 37' W. 118.01 feet, s. 520 52' W. 156.82 feet, S. 320 32' w. 239.25 feet and S. 240 571 w. 437.12 feet to the inteEsection thereof with the line common to Ranch Lots 11 and 16 and the most northerly corner of the lands of the City of Gilroy as shown on Record of Survey Map of a 28.087 acre parcel of land filed for record in Book 147 of Maps at page 21, Santa Clara County Records: thence along the line common to Ranch Lots 11 and 16 and the northeasterly line of said Lands of the City of Gilroy S. 480 ~8' E. 437.96 feet, S. 740 31' 40" E. 416.24 feet, S. 4 49' E. 572.84 feet, S. 570 151 40" E. 868.00 feet and S. 570 021 50" E. 330.58 feet to the northeasterly corner of the lands of the City of Gilroy in the line common to Ranch Lots 11 and 15: thence along the line common to said Lots south 214.12 feet ~o the southeasterly corner of said lands of the City of Gilroy: thence along the soutgwester1y line of the lands of the City of Gilroy, N. 52 35' 201! w. 252.78 feet, N. 660 04' 50" w. 372.81 feet, N. 580 251 40" W. 154.85 feet, N. 790 39' 50" w. 318.69 feet, N. 430 391 50" w. 375.00 feet, N. 82g 47' 30" w. 174.86 feet, N. 720 20' 50" W. 199.48 feet, N. 79 43' W. 525.00 feet, and N. 880 02' W. 248.91 feet to the southwesterly corner of said lands in the centerline of Miller Avenue (also known as Mesa Road): thence along the centerline of Miller Avenue N. 50 02' E. 98.22 feet, N. 350 02' E. 532.96 feet: thence leaving said centerline N. 540 58' w. 230.00 feet: thence parallel with the centerline of Miller Avenue N. 350 02' E. 334.97 feet, N. 290 17' E. 133.23 feet, N. 240 57' E. 443.66 feet (at 57.90 feet on this couose intersect the line common to Ranch Lots 11 and 16)'oN. 32 32' E. 295.74 feet, N. 520 52' E. 227.84 feet, N. 67 37' E. 188.85 feet and N. 870 52' E. 257.31 feet: thence N. 00 52' E. 418.92 feet to the southerly line of said "Ninth Western Addition": thence along said sOBther1y line S. 890 08' E. 200.00 feet to the point of beginning, and CONTAINING THEREIN 40.522 acres." section II: The said territory hereby annexed to the City of Gilroy shall be known as, and is hereby designated as IIMILLER AVENUE ANNEXATION NO. 1 TO THE CITY OF GILROY". Section III: This ordinance shall take affect and be in (4) 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 this -I!.h.... day of June, 1965, by the following vote: .ATTEST: /( /!7?Jz-e-r - city AYES: NOES: ABSENT: COUNCIIMEMBERS :A 11 emand, Duff i n ,Goodr i ch, Quartiroli,Wentworth, and Petersen. COUNCILMEMBERs:None COUNCILMEMBERS:Eckard APPROVED: Mayor I ../ (5) .. I, SUSANNE E. PAYNE , City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 742 Is an original ordInance. duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of June , 19 65 , at wh Ich meet Ing a quor"", was present. I further certify that the said ordinance ha. been pub- lished In accordanee with the charter 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 8th day of June 65 .