Ordinance 758
ORDIN.ANCE NO. 12~_
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "MONTEREY NORTHWEST ANNEXATION NO. 3 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, the Council of the City of Gilroy did heretofore and
on the 20th day of September, 1965, unanimously adopt Resolution No.
962 declaring the intention of the Council of the City of Gilroy to
initiate on its own motion proceedings to annex certain uninhabited
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 GilroY7 and
WHEREAS, the said Council did, on the said 20th day of September,
1965, adopt Resolution No. 963 declaring and resolving that pursuant
to the provisions of the Uninhabited Territory Act of 1939, proceed-
ings 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 terri ory situated in the County of Santa Clara, State
of California, described in the said Resolution No. 962 and in said
Resolution No. 963, and hereinafter more particularly described7 and
WHEREASg notice of the initiation of the said proceedings to
annex the said premises has heretofore been filed with the Local
Agery Annexation Commission pursuant to Section 54761 of the Govern-
ment Code which was still in effect at the time the annexation proceed-
ings were initiated, 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)
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for a public hearing upon the proposed annexation and did give
notice of said hearing as required by Section 54763 of the Govern-
ment 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 initiatedi 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 Codei 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. 963 hereinbefore referred to declaring
that proceedings have been initiated for the annexation of ~d terri-
tory and in all of the proceedings relating to said annexation the
said territory proposed to be annexed and described in said proceedings
was identified as IIMONTEREY NORTHWEST ANNEXATION NO. 3 TO THE CITY
OF GILROylI i and
WHEREAS, in the said Resolution No. 963, the said Council of
the City of Gilroy did find all of the foregoing as facts and therein
fixed Monday, the 1st day of November, 1965, at the hour of 8:00 olclock,
p.m., in the Council Chambers in the City Hall, Gilroy, California,
as the time and place of the public hearing upon said proposal,
when and ~ere 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. 963 complied with the
provisions of the said Annexation ~ Uninhabited Territory Act of
(2)
1939 in all respects; 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. 963 in the Gilroy Evening Dispatch,
a newspaper published in the City of Gilroy, on September 30th and
October 7th, 1965, and in the Morgan Hill Times, a newspaper published
in the City of Morgan Hill~ in the County of Santa Clara but not in
the said City of Gilroy, on September 30th and October 7th, 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 giveno 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 madeu 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 It THE COUNCIL OF THE CITY OF GILROY HEREBY ORDAINS
AS FOLLOWS:
Section I: Under the authority of the said Uninhabited 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 all of Blocks 1 and 2, and a portion of Lot 1 in Block 4
as shown on Map entitled "Map of North Gilroy Tract", which
map is filed for Record in Book "W" of Maps at pages 14 and 15
(3)
Records of Santa Clara County, California, and being also a
portion of Ranch Lot 31 as shown on Map No. 7 accompanying the
Final Report of the Referees in the 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 a point in the centerline of Ronan Avenue
distant thereon N.8803S'E. 47.16 feet from the northwest-
erly corner of Lot 1 in Block 4 as shown on said Map of
the North Gilroy Tract, said point of beginning being also
the northwesterly corner of that certain parcel of land
described in the Deed to Elizabeth Williams recorded in
Volume 981 at page 538, Official Records of Santa Clara
County, and running thence along the centerline of Ronan
Avenue N.8803SIE. 826.54 feet more or less, to the inter-
section thereof with the centerline of Lilly Avenue;
thence along the centerline of Lilly Avenue N. l3029'W.
379.46 feet more or less, to the centerline of Liman Avenue
as shown on said Map; thence along the centerline of Liman
Avenue N.8803SIE. 62.06 feet more or less to the intersection
thereof with the projection southerly of the westerly line
of that certain parcel of land described in the Deed to
Gustav H. Steele and Barbara Steele, recorded December 8,
1949 in Volume 1888 at page 184, Official Records of Santa
Clara County; thence along said projection and westerly
line N. l02S'W. 170.00 feet to the northwesterly corner
of said lands of Steelei thence along the northerly line
thereof N.8803S~E. 191.53 feet, more or less, to the north-
easterly corner thereof in the southwesterly line of the
Monterey Highway (State Highway Route 2) as widened in 1940;
thence along the southwesterly line of Monterey Highway
S.22020IE. 686.30 feet more or less, to a point in the south-
erly line of said North Gilroy Tract distant thereon S.8803S'W.
37.47 feet from the southeasterly corner of Lot 7 in Block 1
as shown on said Map; thence along the southerly line of the
North Gilroy Tract S.8803SIW. 1245.82 feet more or less to
the southwesterly corner of the lands of Elizabeth Williams
as described in Deed first above referred to; thence along
the westerly line of said Land of Williams N. l02S'W.
100.00 feet to the point of beginning, and
CONTAINING THEREIN 6.67 acres, more or less."
Section II: The said territory hereby annexed to the City of
Gilroy shall be known as, and is hereby designated as "MONTEREY
NORTHWEST ANNEXATION NO" 3 TO THE CITY OF GILROY".
Section III: 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.
PASS lEg AND ADOPTED by the G i 1 roy City Counc i I th i 51 5 t .day of November
1965 by the following vote:
(4)
AYES:
NOES:
COUNCIL MEMBERS: Allemand,Duffin,Eckard,Goodrich,Quartiroli,
Wentworth, and Petersen.
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: None
APPROVED:
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; Mayor
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ATTEST.:
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City C
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I, SUSANNE E. PAYNE , City Clerk of
the City of Gilroy, do hereby certify that the attached Ordinance
No. 758 Is an original ordinance, duly adopted by the Council
of the City of Gilroy at a regular meeting of said Council held on
the 1st day of November , 19 65. at wh I ch meet i ng
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 Gilroy, this 2nd day of
November