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Ordinance 796 ORDINANCE NO. 796 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-MOREY AVENUE ANNEXATION 66-2 TO THE CITY OF GILROY" AND FOR THE INCORPORATION OF SUCH ANNEXED TERRITORY IN AND AS A PART OF SUCH MUNICI- PALITY FOR THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF. WHEREAS, the Council of the City of Gilroy did heretofore and on the 20th day of March, 1967, unanimously adopt Resolution No. 1089 declaring the intention of the Council of the City of Gilroy to initiate on its own motion proceedings to annex cer- tain uninhabited territory therein and hereinafter more particu- larly 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 GilroYi and WHEREASt the said Council did, on the 20th day of March, 1967, adopt Resolution No. 1090 declaring and resolving that pursu- ant to the provisions of the Uninhabited Territory Act of 1939, proceedings have been initiated by the Council of the City of Gil- roy 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. 1089 and in said Resolution No. 1090, and hereinafter more particularly des- cribedi 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 Cod1 and did hold the said hearing in accordance therewith, made its de- cis ion upon the proposed annexation, and has approved said annexa- - 1 - /79~ tion as proposed and initiatedi and WHEREAS, no petition seeking the annexation of said terri- tory 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 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 Codei and WHEREAS, in the said Resolution of the Council declaring its intention to initiate proceedings for the annexation of said ter- ritory and in the Resolution No. 1090 hereinbefore referred to de- claring that proceedings have been initiated for the annexation of said territory and in all the proceedings relating to said annexa- tion the said territory proposed to be annexed and described in said proceedings was identified as "HECKER PASS-MOREY AVENUE AN- NEXATION 66-2 TO THE CITY OF GILROY"i and WHEREAS, in the said Resolution No. 1090, the said Council of the City of Gilroy did find all of the foregoing as facts and there- in fixed Monday, the 1st day of May, 1967, at the hour of 8:00 o'- clock, p.m., in the Council Chambers in the City Hall, Gilroy, Cali- fornia, as the time and place of the public hearing upon said propos- al, when and where any person owning real property within the unin- habited territory hereinbefore mentioned and hereinafter more parti- cularly 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 C~ of Gilroy and said Resolution No. 1090 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 - 2 - Sections 35307 and 35311 of the Government Code by publication of a copy of the said Resolution No. 1090 in the Gilroy Evening Dispatch, a newspaper published in the City of Gilroy, on March 30th, 1967 and April 6th, 1967, 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 City of Gilroy, on March 30th, 1967 and April 6th, 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 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 protest 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 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 OR- DAINS 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 1939, and amendments thereto, there is hereby annexed - 3 - to the City of Gilroy as uninhabited territory the property and premises hereinbefore mentioned, which are more particularly des- cribed as follows, to wit: BEING all of Lot L and a portion of Lot K as shown on that certain "Map of the Partition of the Lands of L. Fine", which said map is filed for Record in the Of- fice of the County Recorder of Santa Clara County, California in Book "F" of Maps at page 9 therein; and being more particularly described as follows: "BEGINNING at the intersection of Hecker Pass Highway (shown as Bodfish Mill Road on said Maps) with the line common to the Solis and Las Animas Ranchos (being also the centerline of MOuey Avenue or Anson Lane) and run- ning thence along the centerline of said Morey Avenue N. 40 56' E. 712.67 feet more or less to the point of intersection with the easterly prolongation of the north line of said Lot ilL"; thence along said north line of Lot L N. 890 45' W. 922.61 feet to the north- erly common corner of said Lot L and said Lot Ki thence along the common line of said Lot L and Lot K south 401.00 feet to the northeasterly corner of that certain parcell of land described in deed from Walter J. Hanna and Maye Z. Hanna to California and Nevada District of the Luthern Church - Missouri Synod a corporation filed for record in the Office of the Said County Recorder in Book 5301 of Official Records at Page 403 therein; thence along the boundary of said parcel 1 of land the following (7) courses and distances: West, 304.21 feet to the northwesterly corner thereof, thencei south, 68.90 feet, thencei S. 20 44' W. 192.22 feet to the point of tangency with a 300 foot radius curve to the right; thence along the arc of said 300 foot radius curve through a central angle of 210 04' an arc distance of 110.30 feeti thence S. 230 48' W. 41.70 feet to the point of tangency with a 300 foot radius curve to the left; thence along the arc of last said 300 foot curve through a central angle of 260 16' 30" an arc distance of 137.58 feet; thence S. 20 28' 30" E. 87.28 feet to the point of intersection with the centerline of said Hecker Pass HighwaYi Thence along the centerline of said Hecker Pass Highway N. 800 54' E. 656.58 feet and N. 700 041 E. 624.36 feet to the point of beginning, and CONTAINING THEREIN 22.01 acres of land 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-MOREY AVENUE ANNEXATION 66-2 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 - 4 - this Ordinance in the office of the Secretary of state. PASSED AND ADOPTED by the Gilroy City Council this 1st day of May, 1967, by the following vote: AYES: COUNCIilI'..EMBERS: All emand, Duff in, Kennedy, Jr. ,Qua rt i ro 1 i , Silva,Wentworth, and Goodrich. NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS:None APPROVED: - );;7' ~ (,7';:1 /?l'7~-rt.."/ /~-zA.--<:..-l\ Mayor ATTEST: / - 5 - I. SUSANNE E. PAYNE ,City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 796 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 Mav , 19 67 ,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 2nd day of