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Ordinance 765 ORDINANCE NO. 765 AN ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A PORTION OF THE "THIRD SOUTHERN ADDITION TO THE CITY OF GILROYu, SUCH PORTION BEING THE AREA FRONTING MONTEREY HIGHWAY AND INCLUDING THE SOUTHERN PACIFIC COMPANY RIGHT OF WAY FROM SOUTH OF THE S & S WAREHOUSE PROPERTY TO LUCHESSA LANE, FROM Rl DISTRICT TO M2 DISTRICT, WHEREAS, the Planning Commission of the City of Gilroy has reported to the Council of the City of Gilroy upon its own pro- posal to rezone property of the City of Gilroy, said property being more particularly described as follows, to wit: BEING a portion of Ranth Lots 15, 16, 48, 49 and 68 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 des- cribed as follows: BEGINNING at the most southerly corner of the "First Southern Addition to the City of Gilroy" as described in Ordinance No. 643 of said City, February 6, 1961, and running thence southeasterly along the southwesterly line of Monterey Highway, (U.S.10l,IV-SCl-2C, 1950 layout), to the intersection thereof with the prolongation of the south~ easterly line of Lot 7 as shown on map entitled, "Henry Reeves Subdivision of Ranch Lot 49", which map is recorded in Book "c" of Maps at page 47, Santa Clara County Records; thence northeasterly along said plOlongation and the south- easterly line of Lot 7 to the most easterly corner of Lot 7; thence continuing northeasterly along the prolongation of the southeasterly line of Lot 7 to the intersection thereof with the northeasterly line of the lands of the Southern Pacific Railroad Company shown as Ranch Lot 68 on said Map No. 71 thence northwesterly along the northeasterly line of said Ranch Lot 68 to the intersection thereof with the south- easterly corporate limits of the City of Gilroy as shown on said Map No.7; thence southwesterly along the southeasterly line of the City of Gilroy to the intersection thereof with the southwesterly line of Ranch Lot 68, being also the most northerly corner of the "Second Southern Addition to the City of Gilroy" as described in Ordinance No. 665 of said City, adopted November 6, 1961; thence southeasterly along the northeasterly line of said Second Southern Addition to the most easterly corner thereof; thence wouthwesterly along the southeasterly line thereof to the most southerly corner thereof in the southwesterly line of said Monterey Highway; thence southeasterly along the southwesterly line of said Highway to the point of beginning." EXCEPTING FROM the above Parcels All of Lot 7, as shown upon that certain Map entitled, "MAP OF HENRY REEVES SUB- DIVISION 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. BEGINNING at a 4 x 4 post marked R.lM. at the Northwest corner of Ranch Lot Number 49 of the Partition of Las (1) 7ft ~ Animas Rancho (Case No. 5563 in the Superior Court of the State of California, in and for the County of Santa Clara) in the Easterly boundary of the Monterey Road1 thence North 180West 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 88040lEast 464.20 feet, to the Westerly boundary of the Southern Pacific RailroadJs right of way; thence South 29052'East along said boundary 21.35 feet to the Northeast corner of Las Animas Ranch, Lot Numbered 49; thence along the Northern boundary of said Ranch Lot numbered 49, South 720West 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. A portion of Ranch Lot 48 of the Partition of the Las Animas Ranch (case No. 5536 in the Superior Court of the County of Santa Clara, California) and a portion of Lot 7 as said Lot is shown upon that certain Map entitled, "Map of Henry Reeves Subdivision of Las Animas Ranch Lot 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 North 72001145" East 67.78 feet from Engineer's Station "C"S38+98.15 on the centerline of the Department of Public Works Survey for the State Highway in Santa Clara County between Gilroy and Sargent Overhead Crossing, Road IV-SCl-2C7 thence along the Easterly line of the existing State Highway (66 feet wide) North 17058'15" 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 0036'46.3" 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 Averue, also known as Dairy Lane1 thence along Southerly line of South 88043t1511East 100.94 feet to a pdnt of CUSP7 thence from a tangent that bears North 880 43'lS"West along a curve to the left with a radius of 60 feet; through an angle of 109015'00"an arc length of 114.41 feet to a line parallel with and distant 83 feet Easterly at right angles from said "C13" centerline, thence along said parallel line South 17058115"East 989.59 feet to the property line common to the lands, now or formerly of John Bracco and of G.Barberi & Sons, Inc., a corporation; thence along said common property line south 72GOlt.4S-West 15.22 feet to the point of commencement. Containing approximately 0.414 of an acre. Portion of Lot 7, as shown upon that certain Map entitled, "Map of Henry Reeves 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 North~asterly 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 September 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 arc of a cur~e from the left, from a tangent that bears North 88043'15" West, with a radius of 60.00 feet, through a central angle ( 2) of 109"15s001l, 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 72"01'45" West 83.00 feet; thence South 17058t15"East and along EaaBerly 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 17058S15"East and along said Easterly line of Monterey Road 255.62 feet to a one inch iron pipe; thence , at right angles North 72001'4511East 255.62 to a 1 inch iron pipe; thence North 17"58115"West and parallel with said Easterly line of Monterey Road 255.62 feet to an iron pipe; thence at right angles south 72010t45"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 WHEREASg it appears that the said Planning Commission has held a public hearing upon its said proposal for the said rezoning and that in the said report of said hearing that it recommends that the Council of the City of Gilroy rezone the said premises herein- before described, in accordance with the said recommendationi and WHEREAS, the Council of the City of Gilroy has heretofore fixed Monday, the 21st day of February, 1966, at the hour of 8:00 oSclock, p.m., in the Council Chambers in the City Hall at No. 10 South Rosanna Street, Gilroy, California, as the time and place of the public hearing before the Council upon the said proposed and recommended rezoning, and notice of said public hearing has been given in accordance with the Zoning Ordinance of the City of Gilroy and with law, the said public hearing has been held; and WHEREAS, the Council, after hearing the evidence presented at the said public hearing, has determined that the said Zoning Ordinance should be amended in accordance with the report and recommendation of the said planning Commission, NOW THEREFORE: THE COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: Section 1: The Zoning Ordinance of the City of Gilroy is hereby amended by removing from Rl District and placing in M2 ( 3) District, as the same is described and defined in the zoning ordinance of the city of Gilroy, all the premises hereinbefore described in the preamble of this ordinance. Section 2: The Zoning Map of the City of Gilroy, to which reference is hereby made for further particulars, shall be changed to raie ct the changes in the zoning ordinance made by this ordinance. Section 3: All ordinances and parts of ordinances in con- flict with this ordinance 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 ;ttfht day of ;'i1Mair.ctr . i I 1966, by the following vote: AYES: COUNCILMEMBERS :A 11 emand, Duff in, Eckard ,Goodri ch, Quartiroli, Wentworth, and Petersen. NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None APPROVED: ./ j ,/' ATTES~: \ .-'... L ) i ) ; I,' 'I , , ,... > -:J' ,;< , ' /,r- ; c.' . ..,^; / ,/ --'C'---.. l I } Mayor ....._-~ (".,p. c ......,....,+. ".,(." .,(,'"j lii~'.,~, ;'. t:' ) ,,:'{.'"'-,,/'j' ~ City Clerk / I ( 4) . .. I , SUSANNE E. PAYNE , City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. ?6!;i 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 March , 19 66 ,at which meeting a quorum was present. I further certify that the said ordinance has been pub- llshed In accordance with the charter of the City of Gilroy. IN WITNESS' WHEREOF, , have hereunto set my hand and af- fixed the official seal of the City of Gilroy, this 8th day of "'~rch · 19"'" ~]t::<t?~/ ~ .,Lj7(u' C ty Clerk of the City of ~ lroy '.I