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Ordinance 846 ORDINANCE NO. 846 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "THOMAS-MESA ANNEXATION 69-1 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, a written petition has heretofore been filed in the office of the City Clerk of the City of Gilroy in accordance with the provisions of the Annexation of Uninhabited Territory Act of 1939, as set forth within Sections 35300 to 35326, inclusive, of the Government Code, asking that there be annexed to the City of Gilroy as uninhabited territory certain land located in the County of Santa Clara, State of California, therein and hereinafter more particularly described; and WHEREAS, it appears that the said petition has been signed by the owners of more than one-fourth of all of the land in the territory proposed to be annexed by area and by assessed value as shown on the last equalized assessment roll of the County of Santa Clara, and that the said territory is contiguous to the present city limits of the said City of Gilroy; and WHEREAS, notice of intention to annex the said premises has heretofore been filed with the Local Agency Annexation Commission, pursuant to Section 54791 of the Government Code, and the proposal for the annexation of said territory was there- after submitted to the Boundary Commission of the County of Santa Clara, and said Boundary Commission has reported upon the definiteness and certainty of said boundaries and has approved the same, and that a copy of a report of said Boundary Commission has been filed with the said Local Agency Annexation Commission of Santa Clara County, 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 54793 of i:-'j/~' the Government Code, and has held the said hearing, in accordance therewith, made its determination upon the proposed annexation, and has approved said annexation as proposed; and WHEREAS, no petition seeking the annexation of said territory 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 Annexation Commission and no further action was taken concerning the proposed annexation until the said Commission rendered its decision, as provided for in Section 54797 of the Government Code; and WHEREAS, the said Council of the City of Gilroy did heretofore and on the 3rd day of February, 1969, adopt Resolution No. 1315 finding the foregoing as facts and fixing Monday, the 17th day of March, 1969, at the hour of 8:00 o'clock, p.m., of said day in the Council Chambers in the City Hall, Gilroy, California, as the time and place for the hearing of said petition and proposal to annex said territory, which Resolution complied with the provisions of Sections 35305 and 35306 of Government Code; and WHEREAS, notice of the said hearing has been given as required by Sections 35307 and 35311 of the said Government Code by publication of a copy of said Resolution in the GILROY EVENING DISPATCH, a newspaper published in the said City of Gilroy, on the 13th and 20th days of February, 1969, and in the MORGAN HILL TIMES, a newspaper published in the City of Morgan Hill, California, on the 13th and 20th days of February, 1969, 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 notices to be given, all in the manner and within the time required by law; and -2- WHEREAS, the said Council of the City of Gilroy has now held the said hearing and no objections or protests to said proposed annexation having been filed or made, and the said Council having duly considered the matter of said annexation and finding all the foregoing as 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 of Gilroy; and WHEREAS, the owners of all of the territory proposed to be annexed signed the petition hereinbefore mentioned for the annexation of said territory to the City of Gilroy, and said petition contains the written consent of said signers, pursuant to Section 35319 of the Government Code, to the Taxation by the City of Gilroy, upon and after the annexation of said territory to said City, of property within said territory, to pay any and all bonded and other indebtedness and any and all liabilities of said City contracted prior to or after the time of annexing said territory to the City of Gilroy, said property to be taxed for said purpose equally with other property in said City which is taxable for said purpose; and WHEREAS, the said Council has found and does hereby find that all of the allegations, declarations, and statements contained in the foregoing portion of this Resolution to be true and correct. NOW THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: Section I: Under the authority of the said "Uninhabited Territory 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 annexed to the City of Gilroy as uninhabited territory the property and premises hereinbefore mentioned, which are more particularly described as follows, to wit: -3- BEING a portion of La. Anima. l.aDeblot. 11, 15 and 16 a. .hown OIl Map No. 7 accompanying the Final Report of the Referee. in the Las Ani__ Rancho Partition Suit, Action No. 5'36 bad in the Superior Court of the State of californiai in and for the County of Santa Clara t and being more particular y deacribed a. fo llow.: ttBBGItontr; at the 8outhwe.terly corner of USouthwe.t Annexation No. 65-2 to the City of Gilroy" as described in Re.olution No. 986 of said City, .aid point of beginn- ing being in the southwesterly line of that certain 41.722 acre parcel of land de.cribed in the Deed frClD C. M. Smith to Frank Filice, et ux, recorded February 1.5 J 1952 1n look 2366 at page 302 t Official tlecord. of Santa Clara County! and running thence along said southwesterly line s. 20.0u'Z. 42.55 feet to the 8outhweateX'ly corner of said 41.722 acre parcel in the line common to Ranch Lots 16 and 15; thence along said Ranch Lot Line West 151.84 feet, more or less to the corner common to Lots 3 and 4 a. show on the "Map of tm Mas.ey Thoma. Senior Subdivision of Las Animas Ranch Lot No. 15" J which map 18 filed for Record in Book "G" of Maps at page 59, Recorda of Santa Clara County; thence along the line COtllDOll to said Lots South 810.00 feet; thence leaving aaid Lot line East 491.24 feet; thence South 260.00 feet; tbellCe West 491.24 feet to said common Lot line; thence along said eODDOn Lot line South 172.12 feet, more or le8. to the southerly common comer to said Loti in the northwesterly line of Lot 13; thence southwesterly along said northwesterly line to the northwesterly corner of that c8X'tain 4. 121 acre paree 1 of land conveyed by William L. Cooley and Grace A. Cooley, hi. wife, Arthur L. Cooley, a SiDgle man, by Deed recorded February 14, 1967, in Book '638 at page 44, Official Records of Santa Clara County; thence running along the wes ter ly line of said 4.121 acre parcel and the southerly prolongation thereof South parallel with the center line of Thomas Road and S80.13 feet distant therefrom, at right angle., 1219.0 feet. more or le.., to a point in the line common to Lots 14 and 15 of said Massey Thoma. Senior Subdivision; thence along .aid common lot line West 1156.99 feet, more or less, to the ve.terly common corner to .aid Lots; thence along the westerly line of Lot 15 South 642.18 feet to the west- erly common corner to Lots 15 and 16 of 8aid SUbdivision; thence along the line common to Lots 15 and 16 East 590.04 feet. more or 1..., to the corner common to Lots 1 and 2 as shown on "Map of tbe Subdi vi.ion of Lota 3 and 16 of the Ma.sey Thomas Subdivision of Ranch Lot 110. 15tt t which map ia filed for Record in Book ftF_2t1 of Maps at pag. 36, Santa Clara County Records; thence along the line common to said Lota 1 and 2 South 846. 78 feet to the .outh- erly common corner thereof in the I1ne common to Ranch Lots 15 and 11; thence along said common Rauch Lot line East 566.95 feet to a point from which the northea.terly -4- corner of that certain17.4S acre parcel of land d..cribed .s Parcel one in the Deed from Clorlada Masoni, a Widow, to Loui. Maaoni, et al, by Deed recorded March 30, 1966 in Book 7328 at page 407 bears last .580.13 feet; thence leaving said cournon aanch Lot line South 521.32 feet more or 1... to a poat in the .outherly line of said 17.4.5 acre parcel in the centerline of Me.. Road; theace aloDg said centerline s. 8.5054' E. 33.41 feet and S.60039\' E. 31.90 feet to the mo.t northerly COrDAilr of that certain 25.07 acre parcel of land described aa Parcel One in the Deed from Ernes t S. Filice et al, to Joseph G. McCormack, at UK, recorded June 10, 1965 in Book 6989 at page 19, Official R.ecorda of Santa Clara County; thence aloJ;lg the Northwesterly line of .aid 2.5.07 acre parcel S.57046'W. '59.11 feet, 8.59030' 301'W. 180.41 feet, B.S 1014 'We 93.78 feet, S. 37005 'W. 291.32 feet aM S.3,S033'W. 246.89 feet to the mo.t northerly corner of that certain 1.50 acre parcel of land deacribed aa Parcel One in the Deed from Keaneth L. Peteraen, et al, to Guido Sargenti, at ux, recorded January 6. 1965. in Book 6805 at page 415. Official ..ecord. of Santa Clara Coun~; thence along the northeasterly line thereof 8.54051'1. 142.50 f.et to the moat ea.terly corner of said 1.50 acre parcel, being along the most northerly corner of that certain parcel of land conveyed to R.obert P. Chappell and R.owena N. Chap~ll, hi. wife, b}T Deed recorded May 17. 1967 in Book 7723 of Official Recorda at page 273; thence aoutheasterly along the northeasterly 11ne of &aid parcel S30 fHt, more or l.s., to the most ....terly corner thereof in the .outhea.terly 11ne of .aid 25.07 acre parcel; thence along .aid aoutheaaterly line S.40036\'W. 350.00 feet, more or le.., to the moat .outherly coraer of ..id 25.07 acre parcel, being also the most we.terly corner of that certain 18.58 acre parcel of land described as Parcel Eleven in the need from Ca l1fomia Canner. and Crowers to Filice and Perrelli Canning Co.ny, a Californ1a Corporation recorded March 29, 1958 in Book 4086 of OffiCial R.ecorda at page 694; thence algng tm southwe8terly line of 8aid 18.58 acre parcel 8.55019'1. 418.35 feet, 1.88029'&. 70.36 feet to the moat weaterly corner of that certain 12.00 acre parcel of land de.crlbed in the need fran M. E. Thomaa to Domenico Filice recorded in Book 494 of Official aecord. at page 284. thence al~ the .outheasterly line of aaid 12.00 acre parcel 1.40 37tE. 641.86 f.et to the moat weaterly corner of that certain 3.499 acre parcel conveyed to George Kiabimura and Robert Ki.himura by Deed recorded in Volume 1689 at page 112, Official Records of Sattta Clara County; thence aloag the southwesterly line of Mld 3.499 acre parcel 1.49023'1. 159.88 feet; thence R.40037'1. 7.17 feet; thence aoutbea.terly along a curve to the left with a radius of 42.00 feet, from a tangent beari~ of 8.28027'31ttE., thrOUSh a central angle of 2005.5'29 for a <li.tane. of 15.34 feet to the moat .outherly comer of ,ald 3.499 acre parcel in the southeaaterly line of that c.rtain parcel of land conveyed to Robert Ki'himura, at UK. by Deed recorded in Volume .5920 at pa,e 60S, Official R.ecorda of Santa Clara County; thence alooa .aid .outhaaat- erly line S.40037'W. 205.39 feet to the northerly common -5- corner to Parcels 1 and 2 as shown on Record of Survey Map filed for Record in Book 185 of Maps at page 7, Santa Clara County Records; thence along the northwesterly line of said Parcell S.40037'W. 18.16 feet to the most north- erly corner of that certain parcel of land conveyed to Raymond E. Rossi, et ux, by Deed recorded in Volume 7308 at page 712, Official Records of Santa Clara Count~; thence along the boundaries of said Rossi parcel S. 49023 E. 199.81 feet to a corner in said boundary in the line common to parcels 1 and 6 of said Record of Survey Map; thence still following the boundaries of said Rossi Parcel N.40037'E. 18.16 feet to the easterly common corner to said Parcels 1 and 6; thence alo~ the boundaries of said Rossi Parcel and Parcel 6 S.49023 E. 30.00 feet and S.40037'W. 182.37 feet to the most southerly corner thereof in the southwesterly line of that certain 25.19 acre parcel described in the Deed from Miller & Lux, Inc., to A. Ciabattari, recorded in Book 125 of Official Records at page 487; thence alo~ the southwesterly line of said 25.19 acre parcel S.59 54'E. 414.55 feet, S.78057'E. 354.07 feet, S.740l9'E. 263.69 feet, S.87005'E. 222.85 feet and N.77009'E. 244.47 feet to the most southerly corner of said 25.19 acre parcel in the centerline of Mesa Road; thence alo~ the centerline of Mesa Road N.27022'W. 1265.62 feet, N.3603O'W. 689.67 feet, N.22028'E. 75.91 feet, N.67032'W. 45.51 feet and N.4404l'W. 295.97 feet to the intersection of the center lines of Mesa and Thomas Roads, being also the most southeasterly corner of the 17.45 acre parcel described in the Deed to Masoni above referred to; thence along the centerline of Thomas Road and the easterly line of said 17.45 acre parcel N.OoOl'E. 752.97 feet to the northeasterly corner thereof in the line common to Ranch Lots 11 and 15; thence along the centerline of Thomas Road North 496.98 feet to the intersection thereof with the easterly projection of the southerly line of that certain 3.009 acre parcel of land conveyed to David McCarthy and Nancy F. McCarthy by Deed recorded in Volume 4850 at page 453, Official Records of Santa Clara County; thence West along said projection and southerly line 860.11 feet to the southwesterly corner of said 3.009 acre parcel in the line common to Lots 2 and 3 as shown on the "Map of the Subdivision of Lots 3 and 16" above referred to; thence along said common Lot line North 330.00 feet to the north- erly common corner to said lots; thence East along the northerly line of Lots 3, 4 and 5 and the projection thereof 860.11 feet to the intersection thereof with the centerline of Thomas Road; thence along the centerline of Thomas Road North 2076.68 feet, more or less, to corner common to Lots 9 and 13 in the center of Carnadero Creek as shown on said "Massey Thomas Senior Subdivision Map"; thence along the line common to Lots 9 and 3 as shown on said Map N.680E. 145.86 feet and S.490E. 323.40 feet, more or less, to the corner of Lot 3 at the intersection of the northerly line of Thomas Lane with the northeasterly line of Lot 9; -6- thence continuing along the northeasterly line of Lot 9 S.490 30.78 feet to the intersection thereof with the centerline of Thomas Lane; thence along the centerline of Thomas Lane S.89002'E. 440.09 feet, more or less, to the intersection thereof with the southerly prolongation of the line cammon to Lots 2 and 3 as shown on said Map; thence along said prolongation and the line cammon to Lots 1, 2 and 3 North 1391. 28 feet, more or less, to the northerly cammon corner thereof in the line cammon to ranch lots 15 and 16; thence continuing along the prolongation of said common lot line North 40.00 feet to a point in the southerly li:1e of said "Southwest Annexation No. 65-2 to the City of Gilroy"; thence along said southerly line Westerly 795.95 feet, more or less to the point of beginning, and CONTAINING THEREIN approximately 145.4 acres". 4Y~ -7- Section II: Said Council does hereby further declare and order that all property within said designated territory shall be taxed by the City of Gilroy upon and after its annexation to said City, to pay any and all bonded and other indebtedness and any and all liabilities of the City of Gilroy contracted prior to or existing at the time of annexation of said designated territory to the City of Gilroy, said property to be taxed for said purposes equally with other property in said City which is taxable for such purposes. Section III: The said territory hereby annexed to the City of Gilroy shall be known as, and is hereby designated as, "THOMAS-MESA ANNEXATION 69-1 TO THE CITY OF GILROY". Section IV: This ordinance shall take affect 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 the 17th day of March, 1969, by the following vote: AYES: NOE S : ABSENT: COUNCILMEMBERS: COUNC ILMEMBERS : COUNCILMEMBERS: DUFFIN, KENNEDY, SILVA, WENTWORTH and GOODRICH None ( -. ) ) ,) ~, t ~,,' 2,," (~, City Clerk )J1~-'/. I, " LL ,- /;.J., v. \. I ALLEMAND and QUARTIROLI APPROVED: '7 (,if II /,: ~.~~8~ Mayor ATTEST: STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) I, SUSANNE STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the foregoing is a full, true and correct copy of an Ordinance adopted by the Council of the City of Gilroy at a regular meeting of said Council, held on the 17th day of March, 1969, at which meeting a quorum was present. IN WITNESS WHEREOF, I have set my hand and affixed my seal this 18th day of March, 1969. r ..,_.'- . -)}",i "".,(, ." l~_',_,~ J / ! ':,):-,::.I~~</ ~'_ 'City Clerk -8-