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,
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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
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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
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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
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APPROVED:
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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. 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
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