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Ordinance 888 ORDINANCE NO. 888 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "PACHECO PASS ANNEXATION 70-6 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 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 6e)8 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 iwdecision, 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 -2- 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. 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: BEGINNING at the point of intersection of the existing city limits line with the northeasterly line of Pacheco Pass Highway as shown on the map of the First Eastern Addition Annexation 62-7 adopted by the Gilroy City Council by Ordinance 681; Thence along the said northeasterly line: N 830 24' W 215.82 feet to the point of tangency with a 147.80 foot radius curve to the right; Thence along said curve through a central angle of 300 36' an arc length of 78.24 feet; Thence N 520 48' W, 83.48 feet to the point of intersection with the easterly prolongation of Ninth Street centerline; Thence along the said Ninth Street centerline S 710 18' W 79.35 feet to the point of intersection with the southwesterly line of Pacheco Pass Highway as shown on the map of the Pacheco Pass - Ninth Street Addition Annexation 66-1 adopted by the Gilroy City Council by Resolution 1041; Thence along said southwesterly line of Pacheco Pass Highway: S 510 30' 52" E 129.51 feet to a 217.80 foot radius curve to the left; Thence along the arc of said curve through a central angle of 150 21' an arc distance of 58.35 feet; Thence S 740 37' E, 57.80 feet; S 820 15' E 274.43 feet; and S 830 24' E 38.51 feet to the point of intersection with the westerly line of that certain 42.2 acre residual parcel of land conveyed by grant deed to Trevis Berry et ux, recorded in the Office of the County Recorder of Santa Clara County, California in Book 2331 of Official Records at page 362 therein; Thence along said westerly line S 320 14' E, 727.88 feet; thence S 830 24' E, 1055.78 feet more or less to -3- the point of intersection with the easterly line of said 42.2 residual parcel; thence N 320 21' W, 723.71 feet along said easterly line to the State of California southerly right of way line for Pacheco Pass Highway; Thence S 850 22' 59" E 120.78 feet along said southerly line of Pacheco Pass Highway to a point which bears S 830 24' E, 150.78 feet and S 6036' W 33.00 feet from the northwesterly corner of that certain parcel 2 of land conveyed to Matteucci et al by guardian's deed filed for record in the office of the said recorder in Book 5627 of Official Records at pages 666 and 667 therein; Thence continuing along the said southerly line of Pacheco Pass Highway (66.00 feet wide) S 830 24' E 1448.43 feet to the point of tangency with a 1967 foot radius curve to the right; thence along the arc of said curve through a central angle of 30 12' an arc distance of 109.86 feet; thence S 800 12' E 329.95 feet to the point of intersection with the westerly line of that certain 3.213 acre parcel of land as shown on the map of the record of survey of Gentry Division, Consolidated Foods Corporation recorded in the office of said recorder in Book 69 of Maps at page 23 therein: Thence leaving said southerly line of Pacheco Pass Highway and following the boundary of said record of survey the following courses and distances: S 60 30' W, 135 feet; S 400 40' E, 162.76 feet S 210 45' E 220 feet S 30 56' 50^ E 344.25 feet S 890 17' 50" E, 692.81 feet N 00 06' 50" W, 715.76 feet to the southerly line of said Pacheco Pass Hi?hwar.; thence along last mentioned southerly line N 87059 40' E 30.02 feet to the westerly line of that certain 10.001 acre parcel of land as shown on the map of the record of survey of Gilroy Foods Incorporated recorded in the office of said recorder in Book 104 of Maps at page 29 therein; Thence following the boundary of said Gilroy Foods land the following courses and distances: S 00 06' 30" E 1150.62 feet and S 450 57' 50" E 460.74 feet Thence S 450 57' 50" E 139.36 feet to the most southwesterly corner of that certain 13.654 acre parcel of land shown on the map of the record of survey of Gilroy Foods Incorporated recorded in the office of the said recorder in Book 217 of Maps at page 6 therein; Thence along the boundary of said 13.654 acre parcel the following courses and distances: -4- S 450 57' 50" E, 112.23 feet; N 380 14' 46" E, 545.26 feet; N 00 19' 14" W, 1003.15 feet; S 890 40' 46" W, 100.00 feet N 00 19' 14" W, 229.74 feet to the point of intersection with the said southerly line of Pacheco Pass Highway; Thence N 20 28' 50" W, 82.57 feet to the point of intersection with the northerly line of Pacheco Pass Highway; Thence along the said northerly line of Pacheco Pass Highway the following courses and distances: S 870 31' 10" W 301.85 feet , S 870 34' 20" W, 417.46 feet N 890 18' 20" W 266.54 feet to the point of tangency with 967 foot radius curve to the right; Thence along the arc of said 967 foot radius curve through a central angle of 70 53' an arc distance of 133.05 feet; Thence N 81025' 20" W, 441.46 feet to the point of tangency with a 4967 radius curve to the right; Thence along the arc of said 4967 radius curve through a central angle 10 18' 30" an arc length of 113.42 feet; Thence N 800 12' W, 315.37 feet to the point of tangency with a 2033 foot radius curve to the left; Thence along the arc of said 2033 foot radius curve through a central angle of 30 12' an arc distance of 113.54 feet; Thence N 830 24' W, 1369.78 feet to the Tenth Street interchange northerly right of way line; Thence along said Tenth Street interchange right of way line the following courses and distances: N 81035' 41" W, 344.22 feet; N 850 44' 02" W, 265.52 feet to the point of tangency with a 40 foot radius curve to the right; Thence along the arc of said 40 foot curve through a central angle of 620 33' 43" an arc distance of 43.68 feet; Thence N 230 10' 19" W, 21.97 feet to the point of tangency with a 93 foot radius curve to the left; Thence along the arc of said 93 foot radius curve through a central angle of 850 42' 52" an arc length of 139.13 feet; thence S 710 06' 49" W 151.75 feet to the point of tangency with a 120 foot radius curve to the right; thence along the arc of said 120 foot radius curve through a central angle of 250 29' 11" an arc distance of 53.38 feet to the point of intersection with the northerly line of Pacheco Pass Highway (66 feet wide); Thence along the said northerly line of Pacheco Pass Highway N 830 24' W, 382.37 feet more or less to the point of intersection with the said city limits line; Thence along said city limits line N 320 14' W, 5.13 feet more or less to the point of beginning and containing 62.439 acres of land more or less. -5- ... 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, "PACHECO PASS ANNEXATION 70-6 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 this 8th day of June, 1970, by the following vote: AYES: COUNCILMEMBERS: BATREZ, KENNEDY, PATE, SILVA, WENTWORTH and GOODRICH NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: DUFFIN APPROVED: /~~v~~kd Mayor ATTEST: ,~) z,!'/ocm -6- . I . "'- I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do he'eby certify that the attached Ordinance No. 888 is an original ordinance, duly adopted by the Council of the City of Gilroy at a adjourned regular/meeting of said Council held on the 8th day of June , 19 12-, 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 15th day of June , 19 12.... " , ~. .Wao~ 'zJ~ /City Clerk of the City of/Gilroy . '') I ' t~