Ordinance 911
ORDINANCE NO. 911
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "MANTELLI ANNEXATION 70-9 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, the City Council of the City of Gilroy is initiating
proceedings on its own motion in accordance with the provisions
of the Annexation of Uninhabited Territory Act of 1939, as set
forth within Section 35300 to 35326, inclusive, of the Government
Code, to annex 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 all of the land in the territory
proposed to be annexed is owned by the City of Gilroy 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, the Council did not 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 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
Uninhabited 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 City owned, contiguous, 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 centerline of
Muir Drive with the southerly line of the 23.76 foot right of
way shown as Mantelli Drive on that certain map of the
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Northwood Subdivision Unit 2, Tract 4849 recorded in the
office of the County Recorder of Santa Clara County,
California in Book 271 of Maps at pages 8 and 9 therein;
Thence along the westerly prolongation of said 23.76 foot right
of way S 890 50' W 343.08 feet; thence N 00 10' W, 23.76 feet
to the northerly line of said 23.76 foot right of way;
Thence along said northerly line N 890 50' E 343.08 feet to
the point of intersection with the northerly prolongation of
the centerline of said Muir Drive;
Thence southerly along said northerly prolongation S 00 09' E,
23.76 feet to the point of beginning and containing 0.16 acres
of land more or less.
Section II: The said territory hereby annexed to the City
of Gilroy shall be known as, and is hereby designated as, "MANTELLI
ANNEXATION 70-9 TO THE CITY OF GILROyH.
Section III: 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 16th day of February, 1971, by the
following vote:
AYES: COUNCILMEMBERS: DUFFIN, KENNEDY, PATE, SILVA,
WENTWORTH and GOODRICH
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: BATREZ
APPROVED: .
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Mayor
ATTEST:
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City Clerk I
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hel-eby certify that the attached Ordinance No. 911 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Council held on the 16th day of February
, 19 1!-, 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
19th day of February
, 19 2L.
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