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Ordinance 907 ORDINANCE NO. 907 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "MARCELLA ANNEXATION 70-7 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 herein- after more particularly described; and WHEREAS, it appears that the said petition has been signed and consented to 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 Code, and has held the said hearing, in accordance therewith, Cl()7 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, 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 consented in writing to said annexation prior to the adoption of this Ordinance, 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 liabilites 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~ the allegations, declarations and statements contained in the foregoing portion of this Ordinance to be true and correc t. NOW, THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: Section I: Under the authority of the said "Annexation of Uninhabited Territory Act of 1939", and Section 35015 of the Govern- ment 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 most Northerly corner of Parcel Three, as described in the Deed from Florence M. Paul, a widow, to Ernest S. Bellezza, et ux, dated September 8, 1950, recorded in the office of the Recorder of the County of Santa Clara, State of California on September 27, 1950 in Book 2063 of Official Records, at page 158, on the Southwesterly line of Marcella Avenue; thence from said point of beginning and along the Northwesterly line of said Parcel Three, South 64039' West, 1756.194 feet to the most Westerly corner thereof on the Northeasterly line of that certain parcel of land described in the Deed from E. Gear to Valley Title Company of Santa Clara County, a corporation, dated August 26, 1963, recorded August 28, 1963 in Book 6168 of Official Records, at page 406, Santa Clara County Records; thence along the Northeasterly line of said land deeded to Valley Title Company of Santa Clara County, a corporation, South 250 20' East, 1865.374 feet to a point on a line which is parallel with and distant Northwesterly, at right angles, 200.00 feet from the centerline of Leavesley Road, 60.00 feet in width; thence along last said parallel line, South 64040' West, 1833.041 feet to a point; thence at a right angle, South 25020' East, 230.00 feet to a point on the Southeasterly line of said Leavesley Road; thence along the Southeasterly line of said Leavesley Road, North 64040' East, 3004.409 feet to the intersection thereof with the Southeasterly prolongation of the Northeasterly line of the lastly described 13.686 acre parcel of land in that certain Order Settling Ninth Account and Report of Trustee and Order for Final Distribution had in the Superior Court of the State of California, in and for the County of Santa Clara, under Action No. 50204 entitled, "In the Matter of the Trust Estate of Minnie Stewart Ducoty, deceased", a certified copy of which was recorded on January 28, 1969 -3- in Book 8416 of Official Records, at page 729, Santa Clara County Records; thence along last said prolonged line and the Northeasterly line of said 13.686 acre parcel of land, North 25020' West, 1077.852 feet to the most Northerly corner of said 13.686 acre parcel of land on the Southeasterly line of Parcel One, as described in said Deed to Ernest S. Bellezza, et ux, first above referred to; thence along the Southeasterly line of said Parcel One, North 64039' East, 585.09 feet to the most Easterly corner thereof on the Southwesterly line of Marcella Avenue; thence along the Southwesterly line of Marcella Avenue North 25020' West, 1017.786 feet to the point of beginning. Containing 75.555 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 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, "MARCELLA ANNEXATION 70-7 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 18th day of January, 1971, by the following vote: AYES: COUNCILMEMBERS: BATREZ, KENNEDY, WENTWORTH and GOODRICH NOES: COUNCILMEMBERS: DUFFIN, PATE, SILVA ABSENT: COUNCILMEMBERS: None //i I i J ~) li.<; (L,1;v/.1L/ APPROVED: );'7 /1 J/jr' ~; t-h"J-'(...$&,'~3~t:'t..~- Mayor A TTES!i': .// -4- , , I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 907 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 18th day of January , 1921-, 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 January , 19.1J... o {mv-,A/ ~ /tity Clerk of the City of Gilroy ..