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Ordinance 762 ORDINANCE NO. 762 ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF GILROY BY REMOVING FROM Rl DISTRICT AND PLACING IN R3 DISTRICT PREMISES OF A. W. PETERSON AND NANCY PETERSON~ HIS WIFE, LOCATED ALONG THE EAST SIDE OF WREN AVENUE: COMBINED WITH "SI1 ZONE REGULATIONS" UPON CONDITION THAT FLOOD CONDITIONS ON NORTH SIDE OF PROPERTY BE REMOVED BEBIIJm1'ANY-'CONSTRUCTION: OF IMPROVEMENTS THEREON IS BEGUN WHEREAS, A. W. PETERSON and NANCY PETERSONr his wife, have heretofore filed with the Planning Commission of the City of Gilroy a petition for the rezoning from Rl District and placing in R3 District, combined with liS" Zone regulations the following described premises located along the east side of Wren Avenue in said City, to wit: BEGINNING at the point of intersection of the centerline of a road known as Wren Avenue with the Northerly line of the parcel of land conveyed by M.E.Thomas to Arthur H. Buehler, by Deed dated March 25, 1927, and recorded April 2, 1927, in Book 307 of Official Records, Page 463, Santa Clara County Records; thence S.Oo42IE. along said center- line of Wren Avenue 187.02 feet to the Northwesterly corner of that certain parcel of land conveyed by Albert Roberti, et UX, to Artie Lewis Daffern, et UX, by Deed dated February 1, 1948, and recorded January 27, 1950, in Book 1916 of Official Records, page 523, Santa Clara County Records; thence North 89032130llEast, along the Northerly line of the parcel so conveyed to Daffern to a Southwesterly corner of that certain 2 acre tract of land conveyed by E.M.Crum, et UX, to A.W.Peterson, et UX, by Deed dated March 24, 1956, and recorded April 4, 1956, in Book 3458 of Official Records, at page 107; thence along the Westerly line of said 2 acre tract of land, N.lo24IW.187.00 feet, more or less, to the Northwesterly corner thereof on the Southerly line of that certain 20.00 acre tract of land conveyed by M.E.Thomas to Peter Basarich by Deed dated May 19, 1926, and recorded May 29, 1926, in Book 246 of Official Records, page 137; thence along the Southerly line of said 20.00 acre tract of land, S.88036JW. t& the point of beginning and being a portion of Las Animas Ranch Lot 25, as shown upon Map No. 7 accompanying the Report of the Referees in the Partition Suit had in the Superior Court of the State of California, in and for the County of Santa Clara, Action No. 5536; and BEGINNING at the southeasterly corner of the premises conveyed by Albert Roberti, et UX, to Artie Lewis Daffern, et UX, by deed dated February 1, 1948, and recorded January 27, 1950, in Book 1916 of Official Records, page 523, Santa Clara County Records, said point being also the northwesterly corner of that certain parcel of land conveyed by E.M.Crum, et UX, to Manuel Flores, et UX, by Deed dated September 21, 1954, and recorded March 31, 1955, in Book 3128 of Official Records, page 282, Santa Clara County Records; thence N.89032130IlE. along the northerly line of the parcel of land so conveyed to Manuel Flores, et UX, and along the northerly line of that certain parcel of land conveyed by E. M. Crum, et UX, to H. Ortiz, by deed dated September 21, 1954, and recorded March 21, 1955, in Book 3119 of Official Records, page 380, Santa Clara 76~!v ( 1) County records, to the northeasterly corner of the said parcel of land so conveyed to Ortiz in the westerly line of that certain parcel of land conveyed by E.M.Crum, et ux, to Lola Tovar, by deed dated June 13, 1946, and recorded June 13, 1946, in Book 1477 of Official Records, page 562, Santa Clara County records; thence N.lo241W.along the westerly line of the parcel so conveyed to Tovar to the northwesterly corner thereof in the southerly line of that certain 20 acre tract of land conveyed by M.E.Thomas to Peter Basarich by deed dated May 19,1926, and recorded May 29, 1926, in Book 246 of Official Records, at page 137, Santa Clara County Records; thence S.88036sW.along said southerly line of the said 20 ac~e tract 351.00 feet; thence S.lo241E.187.00 feet, more or less, to the northerly line of the premises hereinbefore mentioned conveyed by Albert Roberti, et ux, to Artie Lewis Daffern, et ux, by deed dated February 1, 1948, and recorded in Book 1916 of Official Records at page 523, Santa Clara County Records; thence N.89032!30"E. along the northerly line of the said premises so conveyed to Daffern to the northeasterly corner thereof; thence S.Oo42'E. along the easterly line of said Daffern property 125.00 feet to the southeasterly corner thereof and the point of beginning, containing 2 acres, approximately; ALSO, a non-exclusive easement and right of way to be used jointly with others, over a strip of land of a uniform width of 50.00 feet, extending along and immediately South of the 20 acre tract of land conveyed to Peter Basarich, recorded in Book 246 of Official Records, at page 137, Santa Clara County Records, said right of way running from Wren Avenue to the Monterey Road. SUBJECT to a right of way over the northerly 50.00 feet of the premises above described, as granted by E.M.Crum, etux, to Joseph Deanda, et ux, by deed dated June 1, 1946, and recorded June 13, 1947, in Book 1477 of Official Records, page 560, Santa Clara County Records, and as granted to various other parties by deeds of record, which right of way is to be used by the grantees herein in common with the grantees and parties named in the other deeds; SUBJECT, also, to an easement for road purposes over a strip of land 20 feet in width, the centerline of which is the northerly prolongation of the Easterly line of that certain parcel of land conveyed by E.M.Crum, etux, to Manuel Fores, et ux, by Deed dated 3p tember 21,1954,and recorded March 30, 19t5, in Book 3128 of Official Records, page 282, Santa Clara County Records, the Northerly terminus of said 20 foot strip being the northerly line of the premises hereinbefore described as granted in said Deed and other instruments of record. and WHEREAS, the Planning Commission has held a public hearing upon the said application, in accordance with the law and the said Planning Commission has filed its report upon the said application with the Council of the City of Gilroy in which it recommends that the said application be granted; and ( 2) WHEREAS, the Council of the said City has heretofore fixed the 7th day of February, 1966u at the hour of 8:00 olclock, p.m., in the Council Chambers in the City Hall at No. 10 South Rosanna Street, Gilroy, California, as the time and place for hearing the said report and recommendation upon the said application and notice of the said hearing has been given in accordance with the said zoning ordinance, and a public hearing has now been held upon the said application, at the time and place fixed in the said notice, before the Council, and the Council having duly considered the said application, and the evidence presented, has determined that the said Zoning Ordinance should be amended in accordance with the said petition. 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 R3 District, combined with "SII Zone regulations, as the same are defined in the said Zoning Ordinance, the premises hereinbefore described belonging to the said A. W. PETERSON and NANCY PETERSON: his wife, upon the condition that flood conditions on the north side of the property be removed before any construction thereon begins. 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 21st day of February, 1966, by the following vote: AYES: COUNCILMEMBERS :A 11 emand, Eckard ,Goodr i ch, Qua rt i ro 1 i , Wen tworth, and Petersen. COUNCILMEMBERS :None NOES: ABSENT:: COUNCIIMEMBERS : Duff i n APPROVED:~// ..;:::/ --':/l'-;'~ j':../~.Z~;:7~ ~:'I'~ t,..c.~ ) Mayor ( 3) A~~: --. '. .J*, I, SUSANNE E. PAYNE ,CI ty Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 762 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 21st day of February , 19~, 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 Gilroy, this 24th February , 19 66. ..