Ordinance 773
ORDINANCE NO. 773
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "HECKER PASS-WREN-KERN ANNEXATION 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 June, 1966, unanimously adopt Resolution No. 1024
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 Gilroy; and
WHEREAS, the said Council did, on the 20th day of June, 1966,
adopt Resolution No. 1025 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. 1024 and in said Resolution No.
1025, and hereinafter more particularly described; and
WHEREAS, notice of the initiation of the said proceedings to
annex the said premises has heretofore been filed with the Local
Agency Formation Commission pursuant to Section 54761 of the Gov-
ernment Code and said Commission did fix the date, time and place
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 de-
cision upon the proposed annexation, and has approved said annexa-
tion 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
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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 Formation 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. 1025 hereinbefore referred to declar-
ing that proceedings have been initiated for the annexation of said
territory and in all of the proceedings relating to said annexation
the said territory proposed to be annexed and described in said pro-
ceedings was identified as "HECKER PASS-WREN-KERN ANNEXATION TO THE
CITY OF GILROY"; and
WHEREAS, in the said Resolution No. 1025, the said Council of
the City of Gilroy did find all of the foregoing as facts and therein
fixed Monday, the 1st day of August, 1966, at the hour of 8:00 o.clock,
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
where any person owning real property within the uninhabited terri-
tory 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. 1025 complied with the pro-
visions of the said Annexation of Uninhabited Territory Act of 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. 1025 in the Gilroy Evening Dispatch,
a newspaper published in the City of Gilroy, on June 30th and July 7,
1966, and in the Morgan Hill Times, a newspaper published in the
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City of Morgan Hill, in the County of Santa Clara but not in the
City of Gilroy, on June 30th and July 7th, 1966, as required by
law and the previous order of the Council, and also by giving no-
tice of the time and place of the hearing to all persons and bodies
to whom the law requires such notice 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 Resolu-
tion 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 I 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 an-
nexed to the City ofXGilroy as uninhabited territory the property
and premises hereinbefore mentioned, which are more particularly
described as follows, to wit:
BEING a portion of "Henry Miller's Subdivision of Las Animas
Ranch Lot 23", which map is filed for Record in Book "H" of
Maps at page 5, Records of Santa Clara County, California,
and being more particularly described as follows:
"BEGINNING at the intersection of the northerly line of
Hecker Pass Highway (shown as Bodfish Mill Road on said
Map) with the westerly line of Wren Avenue (shown as
Avenue H on said Map) and running thence along the west-
erly line of Wren Avenue as shown on Record of Survey
Map filed for Record in Book 170 of Maps at page 50,
Santa Clara County Records N. 10 02' 20" E. 1197.01 feet
to a corner of Parcel One as shown on said Record of
Survey Map, being also a corner of the "Seventh Western
Addition to the City of Gilroy" as described in Ordinance
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No. 717 of said City; thence along the northerly line of
said Parcel 1 and the southerly line of said Seventh
Western Addition along a curve to the left with a radius
of 10.00 feet, through a central angle of 900 01' 50"
for a distance of 15.71 feet; thence N. 880 59' 30" w.
89.99 feet; thence along a curve to the right with a
central angle of 370 00', and a radius of 330.00 feet,
for a distance of 213.10 feet; "thence N. 510 59' 30" w.
167.89 feet; thence along a curve to the left with a
radius of 270.00 feet through a central an~le of 370 00'
for a distance of 174.36 feet; thence N. 89 591 30" W.
278.29 feet to the northwesterly corner of said Parcel
One and the southwesterly corner of said Seventh Western
Addition; in the easterly line of that certain parcel of
land described in the Deed to Airofan Products Corpora-
tion recorded in under File No. 87901 in the Recorder's
Office of the County of Santa Clara; thence along the
westerly line of said Seventh Western Addition and the
easterly line of said Airofan Products Corporation N. 10
04' 30" E. 198.16 feet to the northerly common corner
thereof in the northerly line of Lot 20 of said Henry
Miller's Subdivision, being also the northwesterly corner
of that certain parcel of land described in the deed to
John C. Glover and Catherine M. Glover, his wife, re-
corded under File No. 1137871 in the office of the Recorder
of Santa Clara County; thence along the northerly line of
said Lot 20 N. 890 00' 00" W. 546.40 feet to the north-
westerly corner thereof in the centerline of Kern Avenue
(shown as Avenue K on said Map) 1 thence along the norther-
ly line of the lands of Romeo Bosco as described in Deed
recorded under File No. 437258 in the office of the Santa
Clara County Recorder and the northerly line of the lands
of Andrew Filipelli, et al, as described in Decree of
Distribution recorded under File No. 859188 N. 8So 58' W..
1004.70 feet to the northwesterly corner of said lands of
Filipelli; being also the northeasterly corner of the Hecker
Pass-Morey Annexation 66-1 to the City of Gilroy as de-
scribed in Resolution No. 1013 of said City adopted May 2,
1966; thence along the westerly line of said lands of
Filipelli and the easterly line of said Annexation S. 40
591 W. 1632.26 feet to the southwesterly corner of said
Lands of Filipelli in the northerly line of the Hecker
Pass Highway; thence along the northerly line of Hecker
Pass Highway N. 880 57' E. 894.20 feet and S. 890 00' E.
224.40 feet to the centerline of Kern Avenue; thence con-
tinuing along the northerly line of Hecker Pass Highway
S. 890 00' E. 1419.00 feet to the point of beginning, and
CONTAINING THEREIN 85.09 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 "HECKER PASS-
WREN-KERN ANNEXATION 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.
PASSED AND ADOPTED by the Gilroy City Council this 1st day of
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August, 1966, by the following vote:
AYES: COUNCILMEMBERS: Allemand,Duffin,Eckard,and Wentworth, and Petersen.
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Goodr i ch ,Quart i ro 1 i.
APPROVED:
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. Mayor:
ATTEST:
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, (,,)'-Z( Jr2/Yi4U,/ ((:.7 / A./J1,,--~/
City Clerk)
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I,
SUSANNE E. PAYNE
, City Clerk of
the City of Gilroy, do hereby certify that the attached Ordinance
No. 773
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
A U<iJ us t
, 19 69 , 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-