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Ordinance 912 ORDINANCE NO. 912 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "MILLER AVENUE NO. 3 ANNEXATION 70-10 TO THE CITY OF GILROyH 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 heret~ore 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, '- 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: All that certain real property situate in the County of Santa Clara, State of California, described as follows: -2- BEING A PORTION OF Las Animas Ranch Lot 16 as shown on Map No. 7 accompanying the Final Report of the Referees in the Las Animas Rancho Partition Suit, Action No. 5536 had in the Superior Court of the State of California, in and for the County of Santa Clara, and being more particularly described as follows: BEGINNING at the most Westerly corner of that certain 169.06 acre tract conveyed by Miller & Lux, Inc., a corporation, to F. E. Stelling by Deed dated January 25, 1927 and recorded in Volume 296 at page 249, Official Records of Santa Clara County, and running thence along the center line of Miller Avenue and the Northwesterly line of said 169.06 acre tract North 280 58' East 396.6 feet to the most Westerly corner of that certain easement for Levee Purposes granted to the City of Gilroy by Bertha A. Stelling and John Henry Stelling, dated October 1, 1938, recorded October 11, 1938 in Book 892 Official Records, page 496, Santa Clara County Records; thence along the Southwesterly line of said Levee Easement South 50032' 30" East 495.16 feet, South 420 48' 30" East 276.34 feet and South 180 30' East 300.00 feet; thence leaving said Levee line South 710 30' West 123.43 feet, more or less, to a point in the Southwesterly line of Ranch Lot 16 and said 169.06 acre tract; thence along said Southwesterly line North 50 03' West 103.55 feet, North 750 02' West 415.80 feet and North 490 17' West 434.68 feet to the point of beginning. CONTAINING THEREIN 6.996 ACRES MORE OR LESS. Section II: The said territory hereby annexed to the City of Gilroy shall be known as, and is hereby designated as, "MILLER AVENUE NO.3 ANNEXATION 70-10 TO THE CI1Y OF GILROY". 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: COUNC ILMEMBERS : BA TREZ '. ~{ " (,r~., . l. AAe.fO. VED. : ".. .", 1/ ^', ,,/ V1 /~ I ' t:d'-ze:~-rL'/S:~4:<"L~ Mayor A TTES'J?: '" . ", '~ ("7 -3- I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do he'eby certify that the attached Ordinance No. 912 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Counci 1 held on the 16th day of February , 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 19th day of Februarv , 19 ZL. /I /i(' / ' I C::' -_. / { >. .--' j' . r ( . -) ,- \. , . f ,;:5/:., 1~! t/ Jl/ y.u> t:-/ 0) i:z J17n.L . l--;--- / ity Clerk of the City of Gilroy , )