Ordinance 753
ORDINANCE NO. 121-
AN ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING
ORDINANCE OF THE SAID CITY BY REMOVING FROM R1 (SINGLE
FAMILY) DISTRICT TO C2 (COMMERCIAL) DISTRICT CERTAIN
PREMISES COMPRISING ALL OF LOT 7 A S SHOWN ON MAP OF
HENRY REEVES SUBDIVISION OF LAS AN~S RANCH LOT NO. 49
AND ADJOINING PREMISES, COMPRISING IN ALL 10.386 ACRES
OF LAND, AND PREMISES OF HARRY SCAGLIOTTI UPON WHICH
SILVER SPUR RESTAURANT IS LOCATED, IN ACCORDANCE WITH
RESOLUTION AND RECOMMENDATION OF PLANNING COMMISSION OF
THE CITY OF GILROY, AS SHOWN IN RESOLUTION NO. 319
ADOPTED AUGUST 5, 1965
WHEREAS, WILLIAM and LE CLAIRE BOYLE, his wife, have filed a
verified petit~on with the Planning Commission of the City of Gilroy
asking for the rezoning of 10.386 acres of land located at the south-
east corner of Luchessa Avenue on Monterey Highway in the City of
Gilroy from an R1 (Single Family) District to C2 (Commercial)
District, which premises are described as follows:
That certain real property situate in the County of Santa Clara,
State of California, described as follows:
PARCEL ONE:
All of Lot 7, as shown upon that certain Map entitled, "Map
of Henry Reeves suQdivision of Las Animas Ranch Lot No. 49",
which Map was filed for record in the office of the Recorder
of the County of santa Clara, state of California, on January
9, 1888 in Book C of Maps, at page 47.
PARCEL TWO:
Beginning at a 4 x 4 post marked R.1M. at the Nurthwest
corner of Ranch Lot Number 49 of the partition of Las Animas
Rancho (Case No. 5536 in the Superior Court of the state of
California in and for the County of santa Clara) in the
Easterly boundary of the Monterey Road: thence North 180
West along the Easterly boundary of said Road, 174.25 feet
to the Southerly boundary of the Dairy Lane: thence along
the Southerly boundary of said Lane, South 880 40' East
464.20 feet, to the Westerly boundary of the southern Pacific
Railroad s right of way: thence south 290 52 East along said
boundary 21.35 feet to the Northeast corner of Las Animas
Ranchp Lot Numbered 49: thence along the Northern boundary
of said Ranch Lot numbered 49, South 720 West 440.88 feet
to the point of beginning.
CONTAINING APPROXIMATELY 1 acre of land, and being a part of Ranch
Lot 48 of the partition of the Las Animas Rancho.
EXCEPTING from the above described Parcels 1 and 2 so much thereof
as lies within the bounds of that certain tract of land described
in the Deed from John Bracco to state of California, dated
August 22, 1950 and recorded September 27, 1950 in Book 2062 of
Official Records, page 650, santa Clara County Records, as
follows:
A portion of Ranch Lot 48 of the partition of the Las Animas
Rancho (case NO. 5526 in the Superior Court of the County of
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Santa Clara, California) and a portion of Lot 7 as said Lot
is shown upon that cettain Map entitled, ~tMap of Henry Reeves
Subdivision of Las Animas Ranch L)t 49", filed for record
January 9, 1888 in Book C of Maps, at page 47, Santa Clara
County Records, described as follows:
COMMENCING at the Southwesterly corner of said Lot 7, said
corner being distant N rth 720 01' 45" East 67.78 feet from
Engineer s station "C" 538 ... 98.15.on the center line of the
Department of Public Works Survey for the State Highway in
Santa Clara Cou ty between Gilroy and Sargent Overhead
Crossing, Road IV-SCl-2-C; thence along the Easterly line of
the existing State Highway (66 feet wide) North 170 58' 15"
West 1025.68 feet and tangent to last said course along a
curve to the left with a radius of 5033 feet, through an angle
of 00 36'46.3" an arc distance of 53.84 feet to the property
line common to the lands, now or formerly of John Bracco and
of Joseph Gubser, Jr., being also the Southerly line of Luchessa
Avenue, also known as Dairy Lane; thence along said Southerly
1iBe South 880 43' 15" East 100.94 feet to a pOint of cusp;
thence from a tangent that bears North 880 43' 15" West along a
curve to the left with a radius of 60 feet, through an angle of
1090 15' 00" an arc length of 114.41 feet to a line parallel
with and distant 83 feet Easterly at right angles from said
"C13" center line; thence along said parallel line South 170
58' 15" East 989.59 feet to the property line common to the
lands, nom or formerly of John Bracco and of G. Barberi &
Sons, Inc., a corporation; thence along said common property
line South 720 01' 45" West 15.22 feet to the point of commence-
ment. Containing approximately 0.414 of an acre.
ALSO EXCEPTING from the above described Parcels 1 and 2, so
much thereof as lies within the bounds of that certain 1.50
acre tract of land described as Parcel One in the Deed from
American Trust Company, a corporation, as executor of the estate
of John Bracco, deceased, to Harry Scag1iotti, dated July 17,
1958, and recorded July 22, 1958 in Book 4129 of Official
Records, page 62, Santa Clara County Records, as follows:
Portion of Lot 7, as shown upon that certain Map entitled,
"Map of Henry Reeve.s Subdivision of Las Animas Ranch Lot No.
49 , which Map was filed for record in the office of the
Recorder of the County of Santa Clara, State of California,
on January 9, 1888 in Book C of Maps, at page 47, and more
particularly described as follows:
BEGINNING at the N ,rtheaster1y corner of that certain 0.414
acre tract of land described in the Deed from John Bracco to
the State of California, dated August 22, 1950 and recorded
Septeaber 27, 1950 in Book 2062 of Official Records, page 650,
Santa clara County Records, in the southerly line of Luchessa Avenue,
also known as Dairy Lane; thence from said point of beginning
Westerly along an acc of a curve to the left, from a tangent
that bears North 880 43' 15" west, with a radius of 60.00 feet,
through a central angle of 1090 15100", for an arc distance of
114.41 feet to a concrete monument set in the Easterly line
of Monterey Road (State Highway) as said line was established in
the Deed above referred to, from which said monument Station 529
~ 08.55 of State Highway Survey IV-SCl-2C bears South 720 O~
4511 West 83.00 feet; thence South 170 Sa" 15" East and along said
Easterly line of Monterey Road 367.34 feet to a 1 inch iron pipe
and the true pOint of beginning, of the tract of land to be
described; thence from said true point of beginning South 170
.58' 15" East and along said Easterly line of Monterey Road
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367.34 feet to a 1 inch iron pipe and the true point of
beginning of the tract of land to be described; thence from
said true point of beginning South 170 58' 15" East and along
said Easterly line of Monterey Road 255.62 feet to a 1 inch
iron pipe; thence at right angles N,~rth 720 01' 45" East
255.62 feet to a 1 inch iron pipe; thence North 170 58' 15"
West and parallel with said Easterly line of Monterey Road
255.62 feet to an iron pipe; thence at right angles South
720 01' 45" West 255.62 feet to the true point of beginning.
CONTAINING APPROXIMATELY 1.50 acres as surveyed and monu-
mented in June, 1958, by W. J. Hanna & Son, Civil Engineers
and Surveyors, Gilroy, California.
and
WHEREAS, the Planning Commission of the City of Gilroy has also
proposed on its own motion that there be rezoned from R1 District to
C2 District additional property adjacent to the said premises of
WILLIAM and LE CLAIRE BOYLE, set fO'rth as the "Second Exception"
in the foregoing description of the said BOYLE property; and
WHEREAS, the said Planning Commission has fixed, in accordance
with the Zoning Ordinance of the City of Gilroy, the time for the
public hearing of the said petition and the proposal of said Planning
Commission for said rezoning and causing notice of the public hearing
to be given in accordance with the said loning Ordinance and has held
the said public hearing and made its report to the Council in which
it recommended that the said zoning Ordinance be amended in
accordance with the application of said WILLIAN and LE CLAIRE BOYLE
and the proposal of the planning Commission on its own initiative
to include additional land in the said rezoning; and
WHEREAS, the Council has heretofore fixed the 7th day of
september, 1965, at the hour of 8:00 o'clock, p.m., in theCounciL
Chambers in the City Hall at No. 10 South Rosanna Street, Gilroy,
California, as the time and place for the public hearing of the said
report and recommendation of the Planning Commission upon said
rezoning and notice of said hearing has been given in accordance witL
law and the said hearing now having been held in accordance with the
said notice, and the said application for the said rezoning and the
proposal of the Planning Commission to include additional land in
the said rezoning, and the Council having duly considered the said
application and said proposal of said Planning Commission, and the
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evidence as presented at the hearing, has determined that the said
'coning Ordinance should be amended in accordance with the said petition
and the proposal of the Planning Commission initiating on its own
motion the inclusion of additional land hereinbefore described,
NOW THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN
AS FOLLOWS:
Section 1: The zoning Ordinance of the city of Gilroy is hereby
amended by removing from Rl District and placing in C2 District, as
the same are defined in the said Zoning Ordinance, the premises
hereinbefore described belonging to the said WILLIAM and LE CLAIRE
BOYLE and HARRY SCAGLIOTTI.
Section 2: The official map constituting a part of the Zoning
Ordinance of the City of Gilroy shall be amended to reflect the
foregoing change of classification of the said property.
Section 3: All ordinances and parts of ordinances in conflict
herewith are hereby repealed.
Section 4: This ordinance shall take effect and be in full
force thirty (30) days from and after its passage and approval.
PASSED AND ADOPTED this 20th day of september, 1965, by the
following vote:
AYES:
COUNCILMEMBERS Allemand, Eckard, Goodrich,
Quartiroli, Wentworth and Petersen.
NOES:
COUNCILMEMBERS none.
ABSENT:
COUNCILMEMBERS Duffi.n.
ATTEST :/
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APPROVED:
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Ci ty" Clerk'
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SUSANNE E. PAYNE
, City Clerk of
the City of Gilroy, do hereby certify that the attached Ordinance
No. 753
Is an original ordinance. duly adopted by the Council
of the City of Gilroy at a regular meeting of said Council held on
the 20th dayof September ,1965, 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 af-
fixed the official seal of the City of Gi lroy, this 21st day of
SAp~ember
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/City Clerk of the City of