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Ordinance 914 ORDINANCE NO. 914 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "THIRD STREET ANNEXATION 70-11 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, 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: BEING a portion of Parcel IV of that certain real property conveyed by grant deed from San Martin Sales Company, a co-partnership, to San Martin Vineyards Company, a -2- co-partnership, said deed being filed for record on May 1, 1953, in the Office of the County Recorder of Santa Clara County, State of California, in Book 2627 of Official Records at page 215 therein and being a 36 foot wide strip of land the centerline of which is more particularly described as follows: "BEGINNING at a point which bears S 150 40' 15" W, 3.10 feet from the point of intersection of the centerline of Third Street with the easterly boundary of Tract 4419, Castlewood Park Unit No. 5 as shown upon that certain map filed for Record in the Office of the said County Recorder in Book 223 of Maps at page 50 therein; thence S 890 07' 15" E, 1892 feet more or less to the point of intersection with the westerly line of that certain parcel conveyed to the Gilroy Unified School District, filed for Record in the Office of the said County Recorder in Book 4896 of Official Records at page 254 therein last said point of intersection bears S 150 25 25" E, 3.12 feet along said westerly line from the centerline of Third Street as shown upon that certain map entitled "Official Plan Lines for Third Street" filed for Record in the Office of the said Countir Recorder in Book 3 of Plan Line Maps at page 36 therein'. CONTAINING THEREIN 1.564 ACRES:~ Section II: The said territory hereby annexed to the City of Gilroy shall be known as, and is hereby designated as, "THIRD STREET ANNEXATION 70-11 TO THE CITY 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: COUNC ILMEMBERS : DUFFIN, KENNEDY, PATE, SILVA, WENTWORTH and GOODRICH NOES: COUNCILMEMBERS: COUNCILMEMBERS: None ABSENT: BATREZ ~ .' ~ APjROVED: . -i' . " " / 4?~ ,/ ~/t;?~L5, . .' ::C~7"J , Mayor ATTEST: City . ",..- -3- ~ I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do heleby certify that the attached Ordinance No. 914 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~, 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 IL. I " ~)2'OHmiL/ /(./ !;:;.::,~ City Clerk of the City of Gilroy /