Ordinance 853
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ORDINANCE NO. 853
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF
THE BOUNDARIES OF THE CITY OF GILROY BY THE AN-
NEXATION THERETO OF CERTAIN UNINHABITED TERRITORY
DESIGNATED AS "GOLDEN GATE ANNEXATION 69-1 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, 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 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 w~ 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 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
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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, 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, 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 Ordinance. to be true and correct.
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NOW, THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES HEREBY
ORDAIN AS FOLLOWS~
Section I: Under the authority of the said "Annexation of
Territory Act of 1939", and Section 35015 of the Government Code
of the State of California, 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~
BEING a portion of Lots 5 and 9 of the James Murphy
Subdivision of part of the Rancho San Francisco de 1as
L1agas as shown upon a Map of said Subdivision recorded
in the Office of the County Recorder of Santa Clara County,
California, in Book "B" of Maps at page 2 therein; and
being also a portion of the Whitehurst, Hersey, and Wi11eys
Subdivision of Lots 5 and 8 of said James Murphy Subdi-
vision as recorded in Bookj"C" of Maps at page 93 therein
in the Office of said Recorder; and being more particularly
described as fo11ows~
BEGINNING at a point on the southwesterly line of Monterey
Highway, being the southeasterly corner of that certain
parcel of land described in Deed to James R. Ebaugh, et ux,
recorded in the Office of said County Recorder in Volume
2857 of Official Records at page 319 therein; thence along
said southwesterly line of Monterey Highway (95 feet wide)
North 220 20' West, 1,135.09 feet more or less to the
point of intersection with centerline of Day Road; thence
along Day Road South 750 03' West, 865.89 feet more or
less to the point of intersection with the southerly
prolongation of the southwesterly line of that certain
tract of land described in Deed from American Trust
Company, a corporation, to B. Samuels, a widow, recorded
in the Office of the said Recorder in Book 992 of Official
Records at page149 therein; thence along last aforesaid
southwesterly line and prolongation North 220 20' West,
1,269.08 feet; thence North 750 03' East, 846.00 feet more
or less to the point of intersection with the said south-
westerly line of Monterey Highway (115 feet wide); thence
along said southwesterly line of Monterey Highway North
220 20' West, 734.74 feet to the point of intersection
with the southerly line of Lot 8 of the said "James Murphy
Subdivision of part of the Rancho San Francisco de 1as
L1agas"; thence along the southerly line of said Lot 8
and along the right-of-way line of Monterey Highway, South
750 05' West, 30.25 feet; thence along the Southwesterly
line of Monterey Highway (145 feet wide) North 220 20'
West, 1,259.39 feet more or less to the point of inter-
section with the centerline of Golden Gate Avenue as
shown upon said Whitehurst, Hersey and Wi11eys Subdi-
vision of Lots 5 and 8 of the said James Murphy Subdi-
vision; thence along the centerline of said Golden Gate
Avenue being the southerly line of that certain parcel
of land conveyed from Wolfe to Berns by Deed dated March 29,
1963 and recorded in the Office of the said County Recorder
in Book 5961 of Official Records at page 270 therein,
South 750 05' West, 2,065.52 feet to the Westerly line
of said parcel of land conveyed to Berns; thence along
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last aforesaid westerly line North 260 56' 30" West,
632.68 feet; thence along the northerly line of said
lands of Berns and easterly prolongation thereof; North
750 05' East, 2,263.12 feet more or less to the point of
intersection with the southeasterly line of said Monterey
Highway; thence along the said southeasterly line of
Monterey Highway (being also the southwesterly line of
the Southern Pacific Railroad) South 220 20' East, 5,026.64
feet more or less to the point of intersection with the
northeasterly prolongation of the said southeasterly
line of Ebaugh; thence along last aforesaid northeasterly
prolongation South 770 37' 35" West, 96.85 feet.~.I1
CONTAINING therein 68.21 acres.
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 ter-
ritory 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, "GOLDEN
GATE 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
NOES~
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
NONE
WENTWORTH
ATTEST y(
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City Clerk
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Mayor
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 853 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Council held on the 19th day of May
, 1961--, 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 .
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/ I ty Clerk of the City of G i I r