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
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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
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APjROVED: . -i' . " " /
4?~ ,/
~/t;?~L5, . .' ::C~7"J
, Mayor
ATTEST:
City
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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
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