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Ordinance 787 ORDINANCE NO. ~ AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "WREN-MONTEREY -FARRELL 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 19th day of December, 1966, unanimously adopt Resolution Noo 1072 declaring the intention of the Council of the City of Gilroy to initiate on its own motion proceedings to annex certain unin- habited territory therein and hereinafter more particularly des- cribed Which Resolution directed the proper City Officials to cause the necessary proceedings to be undert~cen and completed required to annex the said premises to the City of GilroYi and WHEREAS, the said Council did, on the 19th day of December, 1966, adopt Resolution Noo 1073 declaring and resolving that pursu- ant to the provisions of the Uninhabited Territory Act of 1939, pro- ceedings 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. 1072 and in said Resolution No. 1073, 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 Govern- ment 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 decision upon the proposed annexation, and has approved said annexation as proposed and initiated; and WHEREASc no petition seeking the annexation of said territory was circulated or filed nor did any officer or agency of the City 1--1 (":J 17 /CJ. - 1 - 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 Commis- sion and no further action was taken concerning the proposed annex- ation 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. 1073 hereinbefore referred to declar- ing that proceedings have been initiated for the annexation of said territory and in all the proceedings relating to said annexation the said territory proposed to be annexed and described in said pro- ceedings was identified as "WREN-MONTEREY-FARRELL ANNEXATION TO THE CITY OF GILROY"; and WHEREAS, in the said Resolution No. 1073, the said Council of the City of Gilroy did find all of the foregoing as facts and there- in fixed Monday, the 6th day of February, 1967, at the hour of 8:00 o'clock, pom., 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 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. 1073 complied with the provisions 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. 1073 in the Gilroy Evening Dispatch, a newspaper published in the City of Gilroy, on December 29th,1966 and January 5th, 1967, and in the Morgan Hill Times, a newspaper published - 2 - in the City of Morgan Hill, in the County of Santa Clara but not in the City of Gilroy, on December 29th, 1966 and January 5th, 1967, 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 be given, all in the time and in the manner required by lawi and WHEREASt 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 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 Resolution 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 Coun- cil 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, THE COUNCIL OF THE CITY OF GILROY HEREBY ORDAINS AS FOLLOWS: Section I: Under the authority of the said Uninhabited Ter- ritory Act of 1939, as set forth in Sections 35326 of the Govern- ment Code of the State of California, the same being Chapter 297, Statutes of 19390 and amendments thereto, there is hereby annexed to the City of Gilroy as uninhabited territory the property and pre- mises hereinbefore mentioned, which are more particularly described as follows; to wit: BEING a portion of Ranch Lot 29 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 also a portion of the "Jas. A. Clayton & Co's. Subdivision of Las Animas Ranch Lot No. 31 and a part of Las Ani- mas Ranch Lot Noo 30", which Map is filed for record in Book "V" of Maps at pages 1 and 2, Records of Santa Clara County, California, and being more particularly described as follows: - 3 - "BEGINNING at southerly common corner of Lot 11 and Lot 10 in the centerline of Farrell Avenue as shown on said Map of the Clayton Subdivision, and running thence along said centerline of Farrell Avenue N. 670 341 E. 464.63 feet to the most easterly corner of that certain parcel of land described in the Deed to Malcolm Lo and Jo Kathryn Castleberry, his wife, recorded in Volume 3626 at page 357, Official Records of Santa Clara County, and running thence along the northeasterly line of said Parcel No 220 20' W. 240. 10 feet to the most northerly corner thereof in the northwesterly line of Lot 3 as shown on said Map of the Clayton Subdivision; thence along said northwest- erly line and the prolongation thereof N. 670341 E. 808.97 feet, more or less, to the intersection there- of with the northeasterly line of the Southern Paci- fic Railroad; thence along the northeasterly line of the Southern Pacific Railroad N. 220 20' W. 1146.48 feet more or less, to the intersection thereof with the northeasterly prolongation of the southeasterly line of that certain parcel of land described in the Deed to James R. Ebaugh and Floy S. Ebaugh, his wife, re- corded in Volume 2857 at page 319, Official Records of Santa Clara County, thence along said prolongation and southeasterly line of said parcel conveyed to Ebaugh and also along the southeasterly line of the land of Camillo Gori and Mary Gori, his wife, S. 790 22' 10" W. 1503.04 feet to the southwesterly corner of said lands of Gorii thence along the westerly line of said lands of Gori N. 140 501 30" W. 5.00 feet to the southeasterly corner of that certain 0.364 acre parcel of land described in the Deed to Remo Tortia and Amelia Tortia, his wife, recorded in Volume 4322 at page 170, Official Records of Santa Clara County; thence along the southerly line of said 0.364 acre parcel S. 820 541 00" W. 350.94 feet to the southwest- erly corner thereof in the easterly line of Lot 22 of said Clayton Subdivisioni thence along the easterly line of Lot 22 S. 070 04' 00" E. 705.30 feet to the northwesterly corner of Lot 15 as shown on said Map of the Clayton Subdivision; thence along the north- erly line of Lots 15 14 and 11 as shown on said Map of the Clayton Subdivision, N. 820 501 E. 748.30 feet to the northeasterly corner of said Lot 11; thence along the easterly line of said Lot 11 S. 220 18' 30" E. 915.40 feet to the point of beginning, and CONTAINING THEREIN 500521 acres." Section II: The said territory hereby annexed to the City of Gilroy shall be known as, and is hereby designated as "WREN- MONTEREY-FARRELL 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 6th day of - 4 - February, 1967, by the following vote: AYES: COUNCILMEMBERS: All emand, Duff in, Eckard,Goodr i ch ,Quart i ro 1 i , Wentworth, and Petersen. NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APPROVED: <:. "~:;) , / d ,"^ / // i~ I ~9~~:-7--=Q:--?'__4-A-_"'~ / Mayor ATTEST: r-" \ '-- ') l i )(';;~'k (, City Clerk \ ~-C'/h'- , i "-1 - 5 - I . SUSANNE E. PAYNE ,City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 7~'7 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6 th day of February . 1967 ,at which meeting a quorum was present. 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 Ffbruary ,1~6;~ Q)k PJnL,[J-~. J City Clerk of the C} of Gilroy I \ 7th day of