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Ordinance 852 ,r- ORDINANCE NO. 852 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN INHABITED TERRITORY DESIGNATED AS "BURKE DRIVE 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 Act of 1913, as set forth within Sections 35100 to 35158, inclusive, of the Government Code, asking that there be annexed to the City of Gilroy 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 all of the land in the territory proposed to be annexed 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 thereafter 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 the Government (J S~ '7 () ~ 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 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, pursuant to Section 35015 of the Government Code the territory proposed to be annexed may be annexed without notice and hearing and without an election; and WHEREAS, the said Council of the City of Gilroy 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 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 -2- 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 Ordi nance.. 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 "Annexation Act of 1913", and Section 35015 of the Government Code of the State of California, there is hereby annexed to the City of Gilroy the property and premises hereinbefore mentioned, which are more particularly described as follows, to wit: BEING all of Lot 13 of Henry Miller's Subdivision of the southerly portion of Las Animas Ranch Lot 34 and Sub Lot 2 according to the Map thereof recorded in Book "M" of Maps, Page 79, Records of Santa Clara County, California, and being more particularly described as follows: flBEGINNING at the point of intersection of the westerly line of Murray Avenue with the northerly city limits line as established by the FIRST NORTHERN ADDITION annexed to the City of Gilroy by Ordinance 505 on November 11, 1952, and being on the line common to Lots 7 and 8 as shown on said Map; Thence along said westerly line of Murray Avenue N. 220 20' W., 527.67 feet; thence at right angles, N. 670 40' E., 66.00 feet to the northwesterly corner of Tract 4418, Paraiso de Ensueno, a Map thereof recorded in the office of the said County Recorder in Book 231 of Maps at Page 44 therein; Thence along the boundary of said Tract 4418 the following courses and distances: N. 670 41' 20" E., 514.45 feet; S. 180 41' 45" E., 265.09 feet, S. 670 44' 40" W., 497.63 feet to the point of intersection with the easterly line of said Murray Avenue; Thence along said easterly line of Murray Avenue S. 220 20' E., 670.83 feet to the point of intersection with the northerly corporate limits of the City of Gilroy; -3- Thence S. 670 40' W., 66.00 feet to the said westerly line of Murray Avenue;fthence along the said westerly line of Murray Avenue N. 220 20' W., 407.24 feet to the point of beginning and containing 4.48 acres of land, more or less" .~I/I 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, "BURKE DRIVE 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 19th day of May, 1969, by the following vote: AYES: COUNCILMEMBERS: BATREZ, DUFFIN, KENNEDY, PATE, SILVA and GOODRICH None WENTWORTH NOE S : ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ATT~ST: . _, oj lkJc..nnd ;;. ~J / City Cler APPROVED: ?~~ Mayor -4- - .' ) I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 852 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Counci 1 held on the 19th day of May , 19~, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Gilroy, this 20th day of May , 19 69 . I o ~ tJa'/fI'tlj / City Clerk of